The National Assembly of Republika Srpska (NARS) adopted a decision to proceed with the adoption of a new Constitution for this Bosnian-Herzegovinian entity at yesterday's session in Banja Luka.
At a new special session of this legislative body, the RS Assembly is scheduled to discuss today the Draft RS Constitution, by which the authorities plan to define this entity in Bosnia and Herzegovina (BiH) as a state of the Serbian people, to grant it the right to self-determination, to establish its own army, and to abolish the Council of Peoples.
At yesterday's session, 50 out of 71 MPs present voted in favor of the decision to write a new Constitution.
The adopted decision was proposed by the entity President Milorad Dodik and the RS Government, and in accordance with it, the RS NA Committee for Constitutional Affairs is obliged to draft the text of that document as soon as possible.
Radio Free Europe (RSE) reports that this is another secessionist move by the RS authorities, after laws banning the functioning of BiH judicial and investigative bodies on the entity's territory came into force last week. Although the Constitutional Court of BiH has suspended the application of these laws, RS insists that the laws will be implemented.
Jelena Pajić Baštinac, who spoke at the Assembly on behalf of the President of the RS, stated that the adoption of a new RS constitution is being proposed to protect the constitutional position.
"The collapse and reshaping of the legal system in BiH over the past 29 years has been carried out in various ways by decisions of the High Representative, the Constitutional Court of BiH, and conditioning by international organizations and entities," Baštinac pointed out.
In explaining the reasons for adopting the new constitution, Miloš Bukejlović, Minister of Justice of the RS, on behalf of the entity government, said that the goal was "to improve the constitutional order, or rather to harmonize the constitution with the sovereignty of the Republika Srpska."
"The adoption of a new constitution is primarily necessary to ensure legal certainty, the efficiency of institutions and the preservation of the constitutional competences of the RS, in accordance with its position as defined by the Dayton Peace Agreement and the Constitution of BiH," said Bukejlović.
He added that the amendments to the current RS Constitution, "many of which were imposed," "disturbed the constitutional order and weakened the sovereignty" of that entity.
RFE/RL states that the opposition is against the new decisions, and warns against false promises that US President Donald Trump will support Republika Srpska.
"Don't think that we don't know what kind of pressure is on you, that there are some stories, fairy tales where after March 19th these people will turn the tables and Trump will say that he supports RS. We know that was served last night with dinner. Don't believe it, this is the moment for the Parliament to show that it is loyal to the people," said Igor Crnadak, head of the parliamentary group of the opposition Party of Democratic Progress, telling the ruling MPs to think about the consequences of making decisions regarding the adoption of the new RS constitution.
"The messages we have been receiving these days, for the laws adopted by the RS National Assembly, no one supported them. On the other hand, there have been fierce accusations against not only the leadership but also the RS. The US through the mouth of the Secretary of State, the Minister of Foreign Affairs, no less. How did the OSCE react? Italy reacted, France, Germany, the EU... People, you are leading us into isolation, you are tearing down our house," said Crnadak.
Both MP and leader of the opposition Justice and Order List, Nebojša Vukanović, called on MPs not to make decisions on the new constitution, as it is a "very dangerous move" aimed at defending Milorad Dodik.
"And you want to change the entire constitution on our leader's (Dodik's) birthday. You will leave catastrophic consequences. Is there anyone who can tell him to his face that you are making a mistake? You hate us for the truth. Don't do this, one man is not Srpska. This is unenforceable, he doesn't even have the support of his own house, what an army of Republika Srpska. You abolished it," said Vukanović.
And the head of the Serbian Democratic Party (SDS) parliamentary group, Ognjen Bodiroga, warned that "it is not in dispute that some competencies can be returned", but that this should happen "in the same way as they were transferred, everything else is against the Constitution of BiH".
He also claims that the procedures from the RS Constitution, which provide for amendments or the adoption of a new constitution, are not being followed.
He also pointed out that the SDS "does not want to engage in adventurism" when it comes to decisions being considered in the RS Parliament.
Independent MP in the RS Parliament Ramiz Salkić said that it is clear that the authorities in RS are working on the division of BiH.
"It is completely clear here that there is an intention to derogate from the state of Bosnia and Herzegovina, to adopt a constitution that is contrary to both Dayton and the Constitution of BiH. There is no intention here to work on stabilizing the situation, building trust and good relations, the intention here is to undermine the security of citizens and their property. It is clear that the commitment of this government, the assembly and the president of the entity is separatist, to divide Bosnia and Herzegovina, that someone thinks that now is the right time for that," Salkić pointed out.
Warning from the High Representative in BiH before the start of the session
Before the start of the session, High Representative Christian Schmidt called on MPs "to prevent an attack on the constitutional order of BiH."
"The draft of the new RS constitution represents a clear violation of both the General Framework Agreement for Peace and the Final Arbitration Award for Brcko and fundamentally puts them at risk," the Office of the High Representative in BiH said on the Iks social network.
In addition, at the same session, MPs will also discuss the establishment of a special court and prosecutor's office for the "protection of the constitutional order."
The session was chaired by Nenad Stevandić, the Speaker of the Entity Parliament, for whom the BiH Prosecutor's Office issued an arrest warrant.
Before the start of the Assembly session, Stevandić also chaired the Committee for Constitutional Affairs, which was left by Igor Crnadak, vice president of the opposition Party of Democratic Progress, the day before.
In addition to Stevandić, an arrest warrant has also been issued for the President of the Republika Srpska, Milorad Dodik, and the entity's Prime Minister, Radovan Višković, who is also attending the session.
The arrest warrant charges them with committing the criminal offense of "attacking the constitutional order", and Dodik, Višković and Stevandić refused to appear for questioning at the Prosecutor's Office of BiH, which is why their arrest was requested.
What preceded the session of the RS Parliament?
Since Dodik was sentenced in the first instance before the Court of BiH on February 26th to one year in prison and a six-year ban on political activity for disrespecting the High Representative's decisions, the entity authorities have adopted a series of unconstitutional laws, according to RFE/RL.
On February 27, the RS National Assembly adopted, and Dodik signed on March 5, a decree promulgating the law, which relates to the ban on the activities of judicial and investigative institutions of Bosnia and Herzegovina in the territory of RS.
The unilateral termination of the jurisdiction of the state of BiH over a part of its territory is not in accordance with the Constitution of BiH, and the Constitutional Court of BiH temporarily suspended these laws on March 7, RFE/RL reports.
Dodik said that the laws will be implemented despite this decision.
The latest laws have met with almost complete condemnation around the world, from US Secretary of State Marco Rubio, to NATO Secretary General Mark Rutte, to several foreign embassies in BiH.
The European Parliament will discuss secessionist threats in Bosnia and Herzegovina at 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 ended the war in Bosnia and Herzegovina in 1995. According to that document, the state can assume jurisdiction "in those matters in which the entities reach agreement".
Practically all the competencies that the RS authorities want to "return" to the entity level were transferred to the state level by a vote in both houses of the BiH Parliament, which was also voted for by the RS representatives.
According to the Constitution of Bosnia and Herzegovina, the Republika Srpska and the Federation of Bosnia and Herzegovina are entities that make up Bosnia and Herzegovina, and do not have the characteristics of states. Likewise, sovereignty and territorial integrity are reserved only for the state of Bosnia and Herzegovina, and not for the entities, according to the state Constitution.
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