Maneuvers without legitimacy

Republika Srpska (RS) Prime Minister Radovan Višković announced yesterday that he is resigning from the post as part of his ruling Alliance of Independent Social Democrats (SNSD) plan to form a government based on a broader coalition with greater powers.

Višković added that he will retain other high political positions until RS achieves its "ultimate goal" and secedes from BiH.

"I am still a child of the SNSD, the vice president of the SNSD, I will remain here as long as I am alive and until we achieve our ultimate goal, which is the Republika Srpska state," Višković said at a press conference in Banja Luka.

The initiative to form a new government was launched after the Court of BiH sentenced the President of the Republika Srpska, Milorad Dodik, to one year in prison and a six-year ban on political activity, for disrespecting the decisions of the High Representative and the Constitutional Court of BiH.

After the verdict became final, the Central Election Commission (CEC) decided to strip him of his presidential mandate, which could have been appealed to the Appellate Council of the Court of BiH for Election Appeals. That council rejected Dodik's appeal yesterday, so he is officially no longer in office as President of the RS.

The CEC is obliged to call early elections for the President of the RS within 90 days.

Dodik stressed that he would not withdraw from the political scene, that he did not accept the verdict of the Court of BiH against him, which he called "a verdict against Republika Srpska."

He was allowed to replace the prison sentence with a fine.

Dodik said yesterday that the RS government is unified and that he wants the RS to gain new democratic legitimacy by changing the government. He said that Višković will be appointed director of the public company "Autoputevi RS".

Dodik has called on the opposition to join his coalition in a new national unity government, but the main opposition parties have rejected his invitation.

"We want the RS Government to gain new democratic legitimacy, so that its composition can respond to all the challenges that lie ahead," Dodik said yesterday at the same press conference.

He did not specify which parties would join the new government or who would lead it.

Independent legal experts said that appointing a prime minister nominated by the president, whose mandate was stripped by the country's highest electoral authority, would be illegal.

In the event that, despite this, Dodik proposes a new candidate for the prime minister's position and the decision is confirmed by the RS National Assembly, this would violate the principle of rule defined in the Constitution of BiH, because, as legal experts point out, there is no rule of law if the implementation of final court rulings, including the one handed down to Dodik, is prevented.

Independent legal experts said that appointing a prime minister nominated by the president, whose mandate was stripped by the country's highest electoral authority, would be illegal.

In such a situation, it is possible to initiate proceedings against the decision of the RS National Assembly on the election of a new entity government before the Constitutional Court of BiH, if the person-designate is appointed by a person who is no longer in office as President of the RS.

Dodik said yesterday that there will be no early elections for the president of the RS and that the entity will oppose any outside intervention if there is an attempt to hold such elections. He called on EUFOR to deploy on the inter-entity boundary line if there are incidents.

"I am placing myself at the head of the national and popular movement for the liberation of RS from Bosnia and Herzegovina," he said.

Referendum by the end of the year

Dodik announced yesterday that a referendum on the independence of RS will be held by the end of the year, if a permanent political agreement is not reached in BiH.

"We are not looking for conflicts, but for freedom and respect, which is achieved through a referendum and the adoption of the Declaration of Self-Determination. That is our message - return us to the Dayton Peace Agreement. We will give our opinion in the referendum that will be held at the end of September," Dodik said at a press conference in Banja Luka.

Then, as he stated, the citizens of RS should express their opinion on the verdict of the Court of BiH against him, and if even after that, there is no political agreement at the level of BiH and a "return to the Dayton Agreement", a referendum on the independence of RS will be called within 90 days.

He assessed that BiH is "a non-existent state, just as the Dayton Agreement is non-existent", which he said was overthrown by the Bosniak side, "through the abuse of the unconstitutional Court of BiH, the Prosecutor's Office, as well as the pressure and subservience of a number of people from the RS, who came to the position of eliminating the RS position with a quasi-judicial decision".

He stressed that the RS should reject the High Representative in BiH, which he called "the biggest hoax", as well as the Peace Implementation Council (PIK), which he called an "ad hoc" group.

"Reject the decisions of the fake High Representative and we can return to the conversation. BiH is now under occupation," said Dodik, stating that the new US administration's position is that countries should decide their own fate.