In Banja Luka, the commemoration of January 9 as the Day of the Republika Srpska began yesterday, although the Constitutional Court of Bosnia and Herzegovina declared this date unconstitutional in earlier decisions, first as a religious and then as a secular holiday.
As part of the commemoration, the unveiling ceremony of the Central Memorial to the fallen soldiers of the Army of Republika Srpska was held on the Square of Serbian Heroes.
A formal academy was also held, attended by the member of the Presidency of Bosnia and Herzegovina Željka Cvijanović, the highest officials of the Republika Srpska, as well as the delegation of the Republic of Serbia led by the Prime Minister of Serbia Đuro Macuta. Serbian Patriarch Porfirije and the clergy of the Serbian Orthodox Church are also present.
The commemoration program will be continued today, when a liturgy will be served at 9:00 a.m. in the Church of Christ the Savior in Banja Luka, while a ceremonial parade has been announced for 12:00 p.m. on Krajine Square.
The Constitutional Court of Bosnia and Herzegovina emphasized that the observance of January 9 as the “Day of the Republic of Srpska” does not reflect collective and common memory in a multi-ethnic society and that it has a discriminatory character, according to the OHR’s reaction to the announced and initiated observance of that day, which the Constitutional Court of Bosnia and Herzegovina declared unconstitutional.
The Office of the High Representative (OHR) reminds that the celebration on January 9 represents a clear disrespect and non-implementation of the final and binding decisions of the Constitutional Court of Bosnia and Herzegovina.
“Disobeying the decisions of the Constitutional Court can constitute a criminal offense based on the provisions of the Criminal Code of Bosnia and Herzegovina, and the taking of legally prescribed measures is the domain of competent law enforcement authorities, especially when it comes to holders of public office,” the OHR statement states.
Rulings of the Constitutional Court of BiH
On 26 November 2015, the Constitutional Court of Bosnia and Herzegovina, the highest judicial institution in Bosnia and Herzegovina, found that 9 January, as the Day of Republika Srpska, is unconstitutional, following an appeal by the then member of the Presidency of BiH, Bakir Izetbegović.
The court ruled that January 9th was a date, not the celebration of Republika Srpska Day as a holiday.
The Constitutional Court of Bosnia and Herzegovina did not deny the right of believers to celebrate the feast of Saint Stephen, nor the day of Republika Srpska, but it determined that the Day of Republika Srpska could not be January 9th.
On September 25, 2016, the Referendum Commission conducted a referendum on January 9th, although the Constitutional Court of Bosnia and Herzegovina had banned its holding. The court then annulled the results of the citizens’ vote.
Soon after, the National Assembly of Republika Srpska (NARS) removed the Law on Republika Srpska Day from the Law on Holidays and adopted it as a separate secular holiday. A request for a review of the constitutionality of that law was filed by nine delegates, Bosniaks and Croats, in the Council of Peoples of Republika Srpska.
On March 29, 2019, the Constitutional Court of Bosnia and Herzegovina again declared January 9 unconstitutional, i.e. annulled a part of the article of the Law on the Day of Republika Srpska that reads “based on the confirmed will of the citizens of Republika Srpska, January 9 is established as the Day of the Republic”.
The contested provision, which reads:
“‘Based on the confirmed will of the citizens of Republika Srpska, January 9 is established as the Day of the Republic’, is not in accordance with Article I/2 of the Constitution of Bosnia and Herzegovina, Article II/4 of the Constitution of Bosnia and Herzegovina in conjunction with Article 1.1 and Article 2.a) and c) of the International Convention on the Elimination of All Forms of Racial Discrimination and Article 1 of Protocol No. 12 to the European Convention for the Protection of Human Rights and Fundamental Freedoms, and Article VI/5 of the Constitution of Bosnia and Herzegovina. The contested provision is repealed and is ordered to cease to be valid on the day following the date of publication of the decision in the Official Gazette of Bosnia and Herzegovina.”
The decision of the Constitutional Court of Bosnia and Herzegovina was preceded by the position of the Venice Commission, which labeled the Day of Republika Srpska as “discriminatory, because it is not in line with the universal values of dialogue, tolerance and understanding”.
As stated, “it is based on historical events that are significant and important for only one people in Republika Srpska, namely the Serbian people”.
