The series of controversial laws recently passed by the authorities of Republika Srpska (RS) has been further highlighted by the announcement of an entity border service. This has raised questions about what such a move would mean in terms of security, politics, law, and, most importantly, the practical aspects of ensuring citizens’ freedom of movement. Since the initial announcement, the prevailing opinion in public discourse has been that this idea is unworkable in practice.
Among the many controversial laws, the one on entity border police is the least enforceable. Criminologist Ramiz Huremagic holds this view, questioning which borders entity border officers would secure and under what authority. He argues that a law cannot simply be enforced at the push of a button.
“There are countless other logistical, human, material, and organizational issues, and what hurts Mr. Dodik the most at this moment is financial resources. Who can fund this? RS does not have the funds to cover its current needs, let alone experiments like the ones being announced through these new laws,” said Ramiz Huremagic.
From a legal perspective, the law is a continuation of the attack on the constitutional order of the state, explains a constitutional law expert. The Constitutional Court of Bosnia and Herzegovina (BiH), says Demirel Delic, confirmed the constitutionality of the Law on the State Border Service of BiH with its decision in 2000. Based on Article 3, Paragraph 5 of the Constitution, a state institution was established to protect the borders.
“And the Constitutional Court, in its well-known decision U 11/08, emphasized that once competencies are transferred, they cannot later be returned to the entity level through unilateral actions of the entities,” stated Demirel Delic.
The formation of an entity border police would raise numerous practical dilemmas that concern citizens. Will their movement or travel be hindered, and how will it be regulated? The RS authorities ignore warnings and pressures, proceeding with their agenda under the justification of strengthening RS, and it is only a matter of time before they cross another red line, says communications expert Mladen Bubonjic. A confusing situation has been created, he adds, and no one knows where it will lead.
“Do they have some information, some promises, or guarantees from other actors? For now, that remains purely speculative, and we truly cannot even guess in which direction this is heading,” Mladen Bubonjic emphasized.
Huremagic believes that with his latest moves, Milorad Dodik is looking for a negotiating partner, just as he did in 2011 with the referendum on the Court and Prosecutor’s Office of BiH.
“He currently has absolutely no political capital. He does not have the support of the people – otherwise, he would already have tens or hundreds of thousands of people in the streets of every city in RS backing him. But he does not. The entities, RS and the Federation, as well as the state of BiH, are full of hungry, frustrated, and disenfranchised people who are being lied to,” said Ramiz Huremagic.
He expresses confidence in professionals within the police and judicial institutions but calls for de-escalation and the prevention of further tensions.
