The National Assembly of the Bosnian-Herzegovinian entity of Republika Srpska has decided to reject the proceedings currently taking place before the Court of BiH against RS institutions. They are set to enact a law that will restrict the actions and operations of the Prosecutor’s Office, the Court of BiH, SIPA, and OBA, deeming them extra-constitutional institutions within RS territory, according to the draft decision outlining measures and tasks stemming from the decisions and proceedings of BiH institutions.

In line with the draft decision, the National Assembly of Republika Srpska rejects the court proceedings against the President of Republika Srpska, Milorad Dodik, regarding his signing of the decree for the law’s promulgation, which was sanctioned by the Assembly itself as part of its constitutional authority as the leading body associated with all 11 annexes of the General Framework Agreement for Peace in BiH, as reported by Srna news agency.

The proposed decision also addresses the ongoing proceedings against Miloš Lukić, the acting director of the Official Gazette of RS, for the publication of laws that were enacted under the RS Constitution. It asserts that both individuals acted according to the RS Constitution and the Law on Publishing Laws and Other Regulations of RS in the execution of their duties.

“The National Assembly strongly rejects and does not recognize any actions undertaken by the Prosecutor’s Office and the Court of BiH in these proceedings, classifying them as unconstitutional, illegal, and contrary to international law,” the draft states.

It further emphasizes that the verdict in this matter “fails to generate any legal implications, as it is premised on the unlawful actions of German citizen Christian Schmidt.”

This proposal categorically dismisses all actions, procedures, and decisions made by Schmidt, who, according to the decision proposal, was not legitimately appointed as the High Representative for BiH under Annex 10 of the Dayton Agreement, based on two primary reasons.

“Republika Srpska, as a signatory of Annex 10, formally refused to appoint a new High Representative following Valentin Inzko’s resignation in an act by the National Assembly dated March 10, 2021. Furthermore, the UN Security Council did not endorse Schmidt as High Representative, despite claims of his appointment proposed by German-backed ambassadors from various countries in Sarajevo, who grossly violated the Vienna Convention on Diplomatic Relations by interfering in BiH’s internal affairs. Consequently, acting upon the actions of someone not legally appointed as the High Representative for BiH, who has no authority under international law, is unlawful, nullifying all of Schmidt’s writings as non-binding,” the proposal articulates.

The document clarifies that the High Representative, as a foreigner and an individual, was neither granted executive powers nor legislative powers by Annex 10 of the Dayton Agreement, as this would contradict BiH’s Constitution, which maintains that “BiH is a democratic state that operates under the rule of law and conducts free and democratic elections.”

“Republika Srpska will consistently adhere to Article 3.3 of Annex Four of the Dayton Agreement, acknowledging that entities and all their parts must fully respect the Constitution of BiH, which takes precedence over provisions within BiH laws and the constitutions and laws of the entities that do not align with it. It will enact legislation to limit the actions and conduct of the Prosecutor’s Office of BiH, the Court of BiH, the Investigation and Protection Agency, and the Intelligence and Security Agency of BiH, viewed as extra-constitutional entities within Republika Srpska,” states the draft decision.

This proposal directs the RS Government to establish the necessary material and technical conditions for transferring all representatives of the Serbian constituent people and RS representatives at the BiH level, including all employees from the Serbian community within joint BiH institutions.

“Pending the adoption of laws governing the work of these extra-constitutional institutions of BiH and related regulations, activities conducted by these institutions in the territory of Republika Srpska will not be recognized,” the draft decision indicates.

Republika Srpska is also calling on the FBiH, as another signatory to Annex Four, to respond within 30 days to resume adherence to the Constitution of BiH as an international treaty. RS indicates it will provide a response to the Federation of BiH’s reply within the same time frame.

“Should the FBiH fail to announce its commitment to implement Annex Four of the Dayton Agreement or the Constitution of BiH consistently, Republika Srpska, as a party to the agreement, will undertake actions per the Vienna Convention on the Law of Treaties and other applicable international law,” the document states.

Lastly, point nine of the draft decision mandates that all bodies and institutions of RS, alongside all RS representatives in BiH institutions, strictly adhere to this decision, which will take effect the day after its publication in the “Official Gazette of the Republika Srpska”.

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