Milorad Dodik announces that a new constitution of RS could be promulgated on January 9. His announcements include changes in the status of Banja Luka and Pala, as well as changes in the jurisdiction and role of the Council of Peoples of the RS. Dodik claims that the goal is not to endanger the rights of any nation, but to prevent political dependence and abuses, which he accuses Sarajevo of.
New constitution and change of jurisdiction
Milorad Dodik wants to rewrite the Constitution of the RS. In his vision, Banja Luka, instead of Sarajevo, is the capital, Pale is the capital, and he would change the competences and role of the People’s Council of the RS.
“On January 9, we should proclaim a new constitution of the RS, which will be modern, respect the constitution of the people, but also prevent abuses and enable the functioning of the Republic itself. No one will stifle the Serbs, Croats or Bosniaks, but it will be possible for the democratically qualified majority to be seen through one system,” said Milorad Dodik, president of SNSD.
Ramiz Salkić, representative of the Democratic Action Party in the National Assembly of the RS, warns that the new constitution would have to be harmonized with the state constitution and international human rights standards.
“That constitution must be in accordance with the Constitution of Bosnia and Herzegovina and the European Convention on Human Rights and Fundamental Freedoms. If it is not, it will be the subject of a constitutional review,” said Salkić.
Išerić: Marginalization of Bosniaks and Croats
The draft of the new constitution is not yet known, but constitutional experts warn of the possible consequences of the announced changes. They believe that they could lead to the concentration of political power and the reduction of the Council of Peoples to a formal institution without real influence on the decisions of the National Assembly of the RS.
“The goal is to absolutely marginalize the role of Bosniaks and Croats as constituent peoples in the RS, to remove any effective mechanism for protecting their interests, and to essentially ignore the constitutional amendments imposed after the decision of the Constitutional Court in the case of the constitutionality of nations,” warns Harun Išerić, professor of constitutional law.
If the rules for activating the protection of the vital national interest are changed or the role of the Council of Nations is weakened, the consequences will not stop at the procedures, but could be reflected in the possibility of contesting the law, the control of constitutional changes and the political influence of the representatives of the Bosniak and Croat people.
Club of Bosniaks in focus
Everything is given additional weight by the fact that Dodik’s goal, as he limited himself in his reasoning, is the Bosniak Club.
“Now, within our structure, there is a possibility to elect more rational people to that council, who will make it impossible to veto anything and everything,” said Dodik.
Salkić, however, warns of the possibility of political influence on the election of delegates to the Council of Nations and possible changes in the balance of power in the Bosniak Club.
“There is information that the SNSD nominated its own ‘Bosniaks’ to the compensation lists. At the moment we do not know who these people are or whether this is true. However, even if he achieves some control of the blockade through the Bosniak Club, nothing will change that in the end when it comes to the final decision before the Constitutional Court of Bosnia and Herzegovina,” said Salkić.
The Constitutional Court of Bosnia and Herzegovina has already contested the earlier draft
The previous draft of the Constitution of the RS was already declared unconstitutional by the decision of the Constitutional Court of Bosnia and Herzegovina, and the institutions were prohibited from undertaking activities for its adoption. That is why the question arises of respecting the decisions of the state Constitutional Court and the limits of entity constitutional authority.
“He already tried once, he saw where he ended up, then he went back, sprinkled himself with ashes and repealed all those laws by the Parliament so that the sanctions would be lifted,” recalled Elmedin Konaković, Minister of Foreign Affairs of Bosnia and Herzegovina (NiP).
“The new constitution is not directed against any Bosniak or Croat in the RS. Don’t let us spread such narratives,” said Staša Košarac, Minister of Foreign Trade and Economic Relations of Bosnia and Herzegovina (SNSD).
The draft, the political announcements and the finally adopted text are not the same. It will be crucial what exactly will be written in the proposal of the new constitution and whether it will withstand judicial scrutiny. Because in this story, it’s not just who has the majority that decides. It is also decided where the boundaries of that majority are and who can protect the rights of those who have been deprived of them, Federalna writes.
