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Formation of the army, confederation with another state…

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Establishment of the Military and Alliance with Another State

Flag of Republika Srpska with coat of arms, Photo: Shutterstock

Last night, the National Assembly of the Bosnian-Herzegovinian entity of Republika Srpska (NSRS) passed a draft of a new RS Constitution, which declares this entity a state entitled to self-determination, while also abolishing the Council of Peoples of RS and the Vice Presidents of RS.

The approved draft eliminates citizenship of Bosnia and Herzegovina (BiH) and refers exclusively to entity citizenship. It also proposes the possibility of military alliances with other states, as well as the right to confederation with another state.

The reform includes the re-establishment of the RS Army and the creation of the RS High Judicial and Prosecutorial Council, tasked with appointing judges and prosecutors within this BiH entity.

A total of 50 MPs from the ruling coalition supported the draft during the vote, out of 58 MPs present in the parliamentary hall.

Most opposition MPs were absent during the vote, and all representatives of the Serbian Democratic Party (SDS) had been removed from the session beforehand.

While a supermajority was needed to adopt the draft of the new RS Constitution, a two-thirds majority is necessary for the final adoption of the new constitution—something the ruling coalition in RS currently lacks, as even RS President Milorad Dodik acknowledged.

Additionally, the ruling majority in the National Assembly of Republika Srpska enacted the Law on the Protection of the Constitutional Order, proposed by President Milorad Dodik under an urgent procedure.

This legislation establishes a Special Prosecutor’s Office for RS, granting authority to arrest anyone deemed a threat to the constitutional order.

The special prosecutor will be appointed by the National Assembly of RS.

The opposition has criticized this law, claiming that Dodik is institutionalizing the persecution of political adversaries within RS.

This law is scheduled to take effect the day after it is published in the Official Gazette of the Republic of Serbia.

Radio Free Europe/Radio Liberty (RFE) reported that with the new Constitution, the ruling figures in RS intend, among other provisions, to define the entity as a state of the Serbian people, to affirm its right to self-determination, to establish an autonomous army, and to eliminate the Council of Peoples and vice presidents representing the other two constituent peoples.

The media outlet remarked that these provisions conflict with the Constitution of Bosnia and Herzegovina as well as the Dayton Peace Agreement.

The draft passed with 50 votes in favor and eight against and will now enter a 30-day public debate. Following this period, the Parliamentary Committee for Constitutional Affairs will prepare a Proposal for further discussion in Parliament.

RFE/RL stated that this is another secessionist maneuver by RS authorities, following the recent implementation of laws prohibiting the functioning of judicial and investigative bodies of Bosnia and Herzegovina within the entity. Although the Constitutional Court of Bosnia and Herzegovina has suspended the application of these laws, RS remains committed to their enforcement.

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