The National Assembly of Republika Srpska (NARS) reached a decision to move forward with adopting a new Constitution for this entity in Bosnia and Herzegovina during yesterday’s session in Banja Luka.

Today, at a special session, the RS Assembly will discuss the Draft RS Constitution, which seeks to define this entity in Bosnia and Herzegovina (BiH) as a state for the Serbian people. The authorities aim to establish the right to self-determination, create a dedicated army, and eliminate the Council of Peoples.

During yesterday’s session, 50 out of 71 present MPs voted to endorse the decision to draft a new Constitution.

This decision, proposed by entity President Milorad Dodik and the RS Government, mandates the RS NA Committee for Constitutional Affairs to prepare the document expeditiously.

According to Radio Free Europe (RSE), this is yet another secessionist action by RS authorities, following the enactment of laws that prohibit the operation of BiH judicial and investigative bodies within the entity territory. Despite the Constitutional Court of BiH suspending these laws, the RS persists in their implementation.

Jelena Pajić Baštinac, representing the RS President, stated that the new constitution aims to safeguard the constitutional position.

“The deterioration and restructuring of the legal framework in BiH over the past 29 years have been influenced by various actions from the High Representative, the Constitutional Court of BiH, and international organizations,” Baštinac highlighted.

Explaining the rationale for the new constitution, Miloš Bukejlović, the RS Minister of Justice, commented on behalf of the entity government that the objective is to “enhance the constitutional order and align it with the sovereignty of Republika Srpska.”

“Implementing a new constitution is critical to ensure legal certainty, enhance institutional efficiency, and preserve the constitutional competencies of the RS, in accordance with the Dayton Peace Agreement and the Constitution of BiH,” Bukejlović said.

He emphasized that amendments to the current RS Constitution, many of which were imposed, “undermined the constitutional order and diminished sovereignty” of the entity.

RFE/RL notes that the opposition opposes these new measures, cautioning against the misleading notion that US President Donald Trump will support Republika Srpska.

“Don’t assume we’re unaware of the pressures you’re under, or fall for the fairy tales that, after March 19th, these individuals will turn the tide and Trump will endorse RS. This was merely served up last night during dinner. Don’t believe it; this is a time for Parliament to demonstrate loyalty to the people,” stated Igor Crnadak, head of the opposition Party of Democratic Progress, urging the ruling MPs to reconsider the implications of adopting the new RS constitution.

“The sentiments we’re hearing indicate that no one supports the legislation passed by the RS National Assembly. On the flip side, the leadership is facing intense criticism both locally and from abroad, as echoed by US Secretary of State, the Minister of Foreign Affairs, and others. How did the OSCE respond? Italy, France, Germany, the EU… This is leading us into isolation; you are dismantling our foundation,” Crnadak warned.

MP and leader of the opposition Justice and Order List, Nebojša Vukanović, cautioned against decisions on the new constitution, deeming it a “very risky initiative” aimed at safeguarding Milorad Dodik.

“You intend to amend the entire constitution on the day of our leader’s (Dodik’s) birthday. This will result in catastrophic ramifications. Is there anyone who can convey to him directly that a mistake is being made? You dislike us for stating the truth. Do not proceed with this; one individual does not represent Srpska. This is impracticable; he lacks support even within his own camp; what army of Republika Srpska do you presume exists? You dissolved it,” Vukanović asserted.

Meanwhile, Ognjen Bodiroga, leader of the Serbian Democratic Party (SDS) parliamentary group, emphasized that “some competencies can indeed be reinstated,” but this should occur “through the same processes that originally facilitated their transfer; anything else violates the Constitution of BiH.”

Bodiroga also pointed out that the protocols outlined in the RS Constitution for amending or adopting a new constitution are not being adhered to.

Independent MP Ramiz Salkić remarked that it is evident the RS authorities are seeking to divide BiH.

“It is abundantly clear that there is an intention to deviate from the state of Bosnia and Herzegovina, framing a constitution that contradicts both the Dayton Agreement and the Constitution of BiH. There is no intention to stabilize, foster trust, or enhance relationships here; the goal is to jeopardize citizen safety and property. It is obvious this government’s, assembly’s, and entity president’s commitment is separatist, hoping to partition Bosnia and Herzegovina at this opportune moment,” Salkić pointed out.

Warning from the High Representative in BiH prior to the session

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

“The proposed new RS constitution clearly contravenes both the General Framework Agreement for Peace and the Final Arbitration Award for Brcko, fundamentally jeopardizing them,” stated the Office of the High Representative in BiH via the Iks social network.

Additionally, the session will address the establishment of a special court and prosecutor’s office for the “protection of the constitutional order.”

It was presided over by Nenad Stevandić, the Speaker of the Entity Parliament, for whom BiH Prosecutor’s Office has issued an arrest warrant.

Prior to the Assembly session, Stevandić also chaired the Committee for Constitutional Affairs, which was vacated by Igor Crnadak, vice president of the opposition Party of Democratic Progress, the day before.

Alongside Stevandić, arrest warrants have also been issued for the President of Republika Srpska, Milorad Dodik, and the entity’s Prime Minister, Radovan Višković, who was also present at the session.

The arrest warrants charge them with committing the criminal offense of “attacking the constitutional order,” and since Dodik, Višković, and Stevandić declined to attend questioning by the BiH Prosecutor’s Office, their arrest was requested.

What led up to the RS Parliament session?

Following Dodik’s conviction on February 26th by the Court of BiH to one year in prison and a six-year political activity ban for defying the High Representative’s decisions, the entity authorities have introduced a series of unconstitutional laws, according to RFE/RL.

On February 27, the RS National Assembly sanctioned a law that Dodik signed on March 5, prohibiting the operations of judicial and investigative institutions of Bosnia and Herzegovina in RS territory.

This unilateral nullification of BiH’s jurisdiction over part of its territory is inconsistent with the Constitution of BiH, and the Constitutional Court of BiH temporarily suspended these laws on March 7, reports RFE/RL.

Dodik stated that the laws will be enforced regardless of this decision.

The latest legislation has faced widespread international condemnation, from US Secretary of State Marco Rubio to NATO Secretary General Mark Rutte and various foreign embassies in BiH.

The European Parliament will deliberate on secessionist threats in Bosnia and Herzegovina during its plenary session on March 12th.

EUFOR reserve forces begin arriving in Bosnia and Herzegovina

The Constitution of Bosnia and Herzegovina is Annex 4 to the Dayton Peace Agreement, which concluded the war in Bosnia and Herzegovina in 1995. This document stipulates that the state may assume jurisdiction “in matters where the entities reach an agreement.”

Virtually all competencies that RS authorities seek to “reclaim” at the entity level were transitioned to the state level through votes in both houses of the BiH Parliament, which were also supported by RS representatives.

According to the Constitution of Bosnia and Herzegovina, the Republika Srpska and the Federation of Bosnia and Herzegovina are entities that constitute Bosnia and Herzegovina, lacking the characteristics of states. Additionally, sovereignty and territorial integrity are strictly reserved for the state of Bosnia and Herzegovina and not for the entities, as stipulated in the state Constitution.

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