The National Assembly of Republika Srpska (NARS) has made a decision to move forward with creating a new Constitution for this Bosnian-Herzegovinian entity during its session yesterday in Banja Luka.

A special session of this legislative assembly is set to take place today, where the Draft RS Constitution will be discussed. This proposed document aims to characterize the entity in Bosnia and Herzegovina (BiH) as a state of the Serbian people, grant it the right to self-determination, establish its own military, and dissolve the Council of Peoples.

During yesterday’s meeting, 50 out of the 71 present members of parliament supported the decision to draft a new Constitution.

The decision was introduced by entity President Milorad Dodik and the RS Government, compelling the RS NA Committee for Constitutional Affairs to quickly create the text for the new document.

According to Radio Free Europe (RSE), this move reflects yet another attempt at secession by the RS authorities, following the enactment of laws that prevent the operation of BiH judicial and investigative bodies in the entity last week. Despite the Constitutional Court of BiH suspending these laws, RS maintains its intention to enforce them.

Jelena Pajić Baštinac, speaking on behalf of the President of RS during the assembly, claimed that the new RS constitution aims to safeguard the constitutional position.

“Over the last 29 years, the legal system in BiH has seen a collapse and restructuring due to various decisions made by the High Representative, the Constitutional Court of BiH, as well as conditions imposed by international organizations,” Baštinac noted.

In his explanation for the necessity of a new constitution, Miloš Bukejlović, the RS Minister of Justice representing the entity government, stated that the objective is “to improve the constitutional order and align the constitution with the sovereignty of Republika Srpska.”

“This new constitution is essential for ensuring legal certainty, institutional efficiency, and the preservation of the constitutional competencies of the RS, in agreement with its roles defined by the Dayton Peace Agreement and the Constitution of BiH,” Bukejlović added.

He further noted that amendments to the current RS Constitution, “many of which were imposed,” have “disrupted the constitutional order and weakened the sovereignty” of the entity.

RFE/RL reports that opposition members are against the new decisions and caution against unrealistic expectations that US President Donald Trump will endorse Republika Srpska.

“Don’t be fooled by the suggestion that after March 19th, everything will change and Trump will express support for RS. We know that was merely a promise floated during last night’s dinner. Parliament must demonstrate its loyalty to the people,” remarked Igor Crnadak, head of the parliamentary group of the opposition Party of Democratic Progress, urging ruling MPs to consider the consequences of their decisions on the new RS constitution.

“The feedback received in recent days indicates that no one endorses the laws passed by the RS National Assembly. Meanwhile, severe criticisms have been directed at the leadership and the RS itself, including statements from the US Secretary of State and other international representatives. You are leading us into isolation,” Crnadak stressed.

Both an MP and the leader of the opposition Justice and Order List, Nebojša Vukanović, implored fellow MPs to refrain from making decisions on the new constitution, deeming it a “very dangerous maneuver” aimed at protecting Milorad Dodik.

“Is it appropriate to change the entire constitution on Dodik’s birthday? This could lead to disastrous outcomes. Is there anyone brave enough to tell him he is wrong? Don’t make this mistake, one man does not represent Srpska. This approach is untenable, and he lacks even local support to claim an army of Republika Srpska,” Vukanović commented.

Ognjen Bodiroga, the head of the Serbian Democratic Party (SDS) parliamentary group, cautioned that “while some competencies could potentially be restored, this should occur through the same processes by which they were relinquished; anything else contradicts the Constitution of BiH.”

Bodiroga pointed out that the RS Constitution’s stipulations regarding amendments or the adoption of a new constitution are not being adhered to.

He emphasized that the SDS is not interested in participating in any reckless decision-making in the RS Parliament.

Independent MP Ramiz Salkić remarked that the actions of RS authorities demonstrate a desire to divide BiH.

“It is abundantly clear that there is an intent to undermine the state of Bosnia and Herzegovina by adopting a constitution that contradicts both the Dayton Agreement and the Constitution of BiH. There is no motive here to enhance stability or build trust; rather, the goal appears to be to breach the security of citizens and their assets. This government, the assembly, and the entity president appear committed to separatism and division of Bosnia and Herzegovina at a time they believe is favorable,” Salkić emphasized.

Warning from the High Representative in BiH before the start of the session

Prior to the session, High Representative Christian Schmidt advised MPs “to avert an assault on the constitutional order of BiH.”

“The draft of the new RS constitution signifies a blatant violation of both the General Framework Agreement for Peace and the Final Arbitration Award for Brcko, putting them at fundamental risk,” stated the Office of the High Representative in BiH on the Iks social network.

Furthermore, during this session, MPs are expected to discuss the establishment of a special court and prosecutor’s office aimed at “protecting the constitutional order.”

The session was overseen by Nenad Stevandić, the Speaker of the Entity Parliament, who is under supervision of an arrest warrant issued by the BiH Prosecutor’s Office.

Before this Assembly session commenced, Stevandić had also chaired the Committee for Constitutional Affairs, a role previously held by Igor Crnadak, vice president of the opposition Party of Democratic Progress, who resigned from it the day prior.

In addition to Stevandić, a warrant has also been issued for Republika Srpska President Milorad Dodik and entity Prime Minister Radovan Višković, both of whom participated in the session.

The arrest warrants charge them with the offense of “attacking the constitutional order,” and due to their refusal to appear for questioning at the BiH Prosecutor’s Office, their arrest was mandated.

What preceded the session of the RS Parliament?

Following Dodik’s sentencing on February 26th to one year in prison and a six-year ban on political activity for not complying with the High Representative’s directives, the entity’s authorities have enacted several unconstitutional laws, according to RFE/RL.

On February 27, the RS National Assembly approved a law prohibiting the activities of judicial and investigative institutions of Bosnia and Herzegovina in RS territory, which was subsequently signed into effect by Dodik on March 5.

This unilateral cessation of the state of BiH’s jurisdiction over part of its territory breaches the Constitution of BiH; consequently, the Constitutional Court of BiH temporarily halted these laws on March 7, RFE/RL noted.

Dodik asserted that these laws would be enforced regardless of the court’s ruling.

The new legislation has faced widespread international condemnation, garnering criticism from figures such as US Secretary of State Marco Rubio, NATO Secretary General Mark Rutte, and various foreign embassies in BiH.

The European Parliament plans to address the secessionist threats posed by Bosnia and Herzegovina during its plenary session on March 12th.

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The Constitution of Bosnia and Herzegovina is Annex 4 to the Dayton Peace Agreement, which put an end to the war in Bosnia and Herzegovina in 1995. This document states that the state can assume jurisdiction “in those matters in which the entities reach agreement.”

Almost all competencies the RS authorities seek to “return” to the entity level were originally transferred to the state level through voting in both chambers of the BiH Parliament, actions which RS representatives also supported.

According to the Constitution of Bosnia and Herzegovina, Republika Srpska and the Federation of Bosnia and Herzegovina function as entities within the state and do not possess the characteristics of sovereign states. Sovereignty and territorial integrity belong exclusively to the state of Bosnia and Herzegovina, according to the national Constitution.

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