Member of the Presidency of Bosnia and Herzegovina, Denis Bećirović, held a meeting with representatives of international institutions, including the High Representative in BiH, Christian Schmidt, the Head of the European Union Delegation to BiH, Luigi Sorrec, and ambassadors and representatives of other member countries of the Peace Implementation Council (PIC) Steering Board.
The topic of the meeting was the current political crisis in BiH, caused by the political moves of the President of Republika Srpska (RS) Milorad Dodik and his followers, who, according to Bećirović, seriously threaten the foundations of the Dayton Peace Agreement and the constitutional order of the country, N1 BiH reported.
The meeting was also attended by the commanders of EUFOR and the NATO Headquarters in BiH.
The RS Assembly adopted a law two nights ago that prohibits the operation of the Court and Prosecutor's Office of BiH, the Investigation and Protection Agency of BiH (SIPA) and the High Judicial and Prosecutorial Council of BiH (HJPC) on the territory of that entity of BiH, and Dodik announced yesterday the adoption of a new RS Constitution that will "return that entity to the original Dayton".
The ruling coalition MPs also adopted a law establishing the High Judicial and Prosecutorial Council of the RS (HJPC), which is to take over the powers of the HJPC of BiH, that is, to prescribe the powers, conditions and mandate for exercising judicial and prosecutorial functions, as well as the appointment and transfer of judges and public prosecutors.
49 MPs voted for the laws, and three against. The vote was attended by 52 of the 83 MPs in the RS Parliament. Most opposition MPs boycotted the vote.
The same number of votes also approved amendments to the Criminal Code of the RS, according to which all RS officials who do not respect the decisions of entity bodies and institutions in BiH will be prosecuted, punishable by prison sentences of six months to five years, as well as a ban on holding public office.
The RS Parliament also adopted the Law on a Special Register and Transparency of the Work of Non-Profit Organizations That Financially or Otherwise Assist Foreign Entities, the so-called Law on “Foreign Agents”.
The RS Assembly previously concluded that it did not accept the verdict of the Court of BiH, which sentenced Dodik to one year in prison and a six-year ban on holding the office of President of the RS for failure to implement the decisions of the High Representative in BiH.
During the debate in parliament, Dodik insisted that "this is not secession" of RS, but that it is seeking to regain elements of autonomy provided for by the Dayton Agreement, which it claims have been taken away from it, AP reported.
"There is no reason to stop, we are changing what has been artificially imposed," he said. "We have been preparing for this for years."
Schmidt and the ambassadors of the major powers in the PIC assessed that the decision of the RS Assembly could undermine peace and security in BiH and called for the withdrawal of the law.
"With this action, the ruling coalition in RS is trying to destabilize institutions that exercise constitutional responsibilities of the state, in accordance with the laws of BiH, and whose constitutionality has been confirmed by the Constitutional Court of BiH," Schmidt said in a statement.
Schmidt is the chairman of the PIC Board, which consists of ambassadors from the US, Great Britain, Germany, France, Italy, Japan and Turkey, while Russia has frozen its membership in the PIC since the start of the war in Ukraine.
Bećirović warned against aggressive attempts to overthrow the constitutional and legal system of BiH, emphasizing that the rule of law is the foundation of a democratic society. According to him, there cannot be untouchable individuals in BiH who do not respect court decisions.
"The judicial system is a pillar of every democratic state and its independence and integrity must remain unquestioned. There are strong domestic and international mechanisms to protect the state of BiH, peace and security. The adventurous policy of destroying the Dayton Peace Agreement can cause unforeseeable consequences in the state and the region. The unilateral decisions of the RS National Assembly, dictated by Milorad Dodik, are an attack on peace, security and the state of BiH," said Bećirović.
All participants in the meeting expressed a unified position on the causes of the current crisis, and stressed the importance of unity among all international actors and joint action to ensure full respect for the Dayton Agreement and the Constitution of BiH. They assessed that the attack by the RS authorities on the constitutional and legal order, in addition to threatening peace and security, is causing enormous damage to all peoples and citizens in BiH.
It was pointed out that the decisions made and laws adopted in the RS National Assembly practically blocked BiH's path to full EU membership, because they are incompatible with the European agenda.
All those present at the meeting emphasized their support for the independence, sovereignty, and territorial integrity of the state of BiH. They warned that they would not tolerate attempts to violate the Dayton Peace Agreement and that they would take all necessary steps to ensure respect for the rule of law in BiH.
Bećirović once again pointed out the fact that the international community has a clear mandate and all necessary mechanisms to stop anti-Dayton and anti-constitutional policies.
The citizens of BiH expect the international community to show determination in protecting the Dayton Peace Agreement and the legal order of BiH. In this regard, it should be prepared to engage strong military forces in BiH, especially in strategically important locations. Threats to the institutions and constitutional order of BiH could have serious implications for the status of the Brčko District. In this context, special attention was drawn to the statement of the Supervisor for Brčko, Luis Krišok, who warned that endangering the constitutional order of BiH and its institutions could lead to a review of the Final Arbitration Award for Brčko, the statement of the Cabinet of the Member of the Presidency of BiH stated.
Federation Prime Minister Nermin Nikšić (SDP) rejected Dodik's invitation to talk about, as stated in the letter, a return to the original Dayton.
"I am not ready to participate in any negotiations or negotiate any form of further political cooperation with the institutions of RS, until all forms of unconstitutional, anti-Dayton and anti-state activities are suspended and annulled," Nikšić stated in a written response to Dodik and RS Prime Minister Radovan Višković, which was published by Sarajevo media.
He pointed out that this implies "the repeal and annulment of all unconstitutional acts proposed by the Government, and adopted or to be adopted by the National Assembly of the RS or other organs and bodies of this entity, which challenge the jurisdiction and authority of state organs and institutions, as well as the institutions defined by the General Framework Agreement for Peace in BiH."
Nikšić stated that discussions on issues within the jurisdiction of the state of BiH can only be conducted in the state institutions of BiH or, in the case of considering political issues of the functioning of parliamentary majorities and political priorities of the state, in a format that assumes the participation of presidents or representatives of parliamentary parties at the state level of BiH.
Bosniak Club announces veto
The Bosniak Club in the Council of Peoples of the RS announced the initiation of a protection of vital national interests against laws adopted by the RS Assembly.
All laws adopted by the National Assembly of the RS must be confirmed by the Council of Peoples of the RS, in which delegates of the three constituent peoples (Serbs, Bosniaks and Croats), as well as "Others", can veto, i.e. initiate a mechanism to protect vital national interests, on adopted laws and decisions of the entity parliament, reports the Beta agency.
If any group of delegates in the Council initiates a veto, a new attempt at reconciliation will follow at a joint commission of the Council of Peoples of the RS and the National Assembly, and if no agreement is reached, the final decision on whether the vital national interest of any of the peoples in BiH has been violated will be made by the Constitutional Court of the RS.
Only after these procedures can the President of the RS sign a decree promulgating laws adopted by the RS National Assembly, after which they are published in the Official Gazette of the RS.
A special procedure for challenging laws passed by the RS National Assembly can be initiated before the Constitutional Court of BiH, but this also implies that the adopted laws must go through the prescribed procedures in the RS institutions.
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