The President of Republika Srpska (RS) stated that by the new year, this entity could organize a “referendum on its status and how to proceed”.
Milorad Dodik, among other things, said that he “does not want a conflict”, but that the RS will consider strengthening the entity line and assessed that the role of the North Atlantic Treaty Organization (NATO) is to ensure peace and that foreign soldiers, acting as part of the military mission of the European Union (EUFOR Althea) should “eventually cross the inter-entity demarcation line in the event of a politically heated situation”.
“We will fight in our own, political way, until the law on the Constitutional Court of Bosnia and Herzegovina (BiH) is passed, which would restore authority to that institution,” said Milorad Dodik at a press conference on Kozara, a mountain in northwestern BiH on Sunday, July 2nd, during the commemoration of the partisan battle from the Second World War.
Can Dodik call a referendum on RS independence?
The Constitution of BiH, which is part of the Dayton Peace Agreement that stopped the war in BiH in December 1995, does not contain a provision that expressly allows or prohibits a referendum, Davor Trlin, who received his doctorate in constitutional law and political institutions, explained.
The state parliament can pass a law on the referendum, but BiHstill does not have one. States that have such a law apply it to the entire territory and all its citizens vote in such a referendum.
The middle levels of government in BiH have adopted such laws.
In the Federation of BiH (FBiH), this is regulated by the Law on Principles of Local Self-Government. A referendum can only be called on issues within the competence of local self-government – municipalities and cities, such as the impeachment of mayors. It is announced by local assemblies.
A referendum cannot be called at the level of the FBiH or in one of its ten cantons.
The RS cannot call a referendum on any state issue either according to the entity or the state constitution. The referendum question must be in accordance with the Constitution of BiH.
Brcko District of BiH, as the third administrative unit, can call a referendum only with the consent of the international supervisor, i.e. the Deputy High Representative in BiH (the Office of the High Representative – OHR).
The final assessment of constitutionality is given by the Constitutional Court of BiH and the OHR, which was demonstrated, for example, in last year’s passing of the law on the Agency for Medicines of the RS.
Can there be a “peaceful disassociation” of the RS and the Federation?
An attempt of RS to secede would be a direct violation of the Dayton Peace Agreement and the Constitution of BiH, which defines the status of the two entities.
For the “peaceful disassociation” that Dodik mentioned on several occasions, the Constitution of BiH would have to be changed and the possibility of a referendum on the issue would have to be foreseen, for which the votes of two-thirds of the representatives in the state House of Representatives are required.
What if someone tries to secede and are conflicts possible?
The Constitution of BiH expressly stipulates that the state of BiH and its entities “shall not hinder the full freedom of movement of persons, goods, services and capital throughout BiH“.
It is emphasized that the FBiH and the RS “will not establish controls on the lines between the entities” and therefore cannot, for example, deploy the police on the inter-entity lines, which was also requested from the FBiH at the beginning of January this year.
Do Schmidt’s decisions have an effect in the RS?
Christian Schmidt, the high representative of the international community in BiH, is in charge of the implementation of the civilian parts of the Dayton Peace Agreement and has the authority to change, repeal or enact new laws and constitutions, except for the state constitution.
He can dismiss any elected or appointed official, from a member of the Presidency to a municipal councilor, chief of police or director of a public company “who violate legally assumed obligations and the Dayton Peace Agreement”.
All levels of government, according to Dayton, must cooperate with him. His decisions cannot be questioned before any court, unless the OHR approves it.
Schmidt’s decisions, contrary to Dodik’s statements, are being implemented, and Dodik also said this indirectly on July 2nd.
“Sovereignty of (BiH) cannot exist if you are a protectorate and if you are a colony. A colony is defined as a country ruled by foreigners. Do we need more proof that we are a colony than that case from yesterday (when Schmidt annulled the decisions of the National Assembly of the RS) and of what is happening to us in the Constitutional Court?”, asked Dodik on July 2nd, Slobodna Evropa reports.
E.Dz.
