In Bosnia and Herzegovina (BiH) it is possible that the decisions of the Constitutional Court are not implemented, they are ignored and humiliated. An even bigger problem is that the other state institutions or some lower–level institutions also ignore the Constitutional Court.
This is how the unconstitutional day of the Republika Srpska (RS) entity has been marked for years, regardless of the fact that the Constitutional Court has ruled that it is inadmissible. The Constitutional Court has no mechanisms to prevent such ignoring of decisions because it is not envisaged or considered normal for someone not to act according to the decision of the Constitutional Court. The only instance that can and should react is the state prosecutor’s office, but it has skillfully avoided responsibility for years and acts as if it does not notice the disobedience of the state.
The game with words that is imposed in public space primarily by politicians, and then carelessly shared by many in public space in the formal sense seems benign, but essentially makes a big difference. That is how it is possible to hear today how Milorad Dodik describes himself as a Serbian member of the Presidency. The construction of a Croat or Bosniak member of the Presidency is also most often used. This ethnic emphasis is probably essential, which corresponds to certain policies, although it is not in accordance with the Constitution or the laws.
Such titling divides the state even more and relaxes politicians and acts to make sure they are safe in their ethnic circle.
For instance, the BiH Constitution states that the Presidency consists of three members: one Bosniak and one Croat, elected directly from the territory of the Federation, and one Serb elected directly from the territory of the RS.
The constitutions of both the Federation of BiH (FBiH) and the RS make it clear that these are entities in which Serbs, Bosniaks,and Croats, but also those who do not declare themselves as one of the constituent peoples are equal. So, in this particular case, Milorad Dodik, although a Serb, cannot be a Serbian member of the Presidency, but only a member who comes from the territory of RS, and is elected by all citizens.
When it comes to FBiH, the situation is the same. The citizens of this entity elect two members of the Presidency of BiH, one from the rank of Bosniak people and one from the rank of Croat people. Together, as a collective head of state, they represent all citizens, regardless of constituency or entity.
However, it is a constitution, a law and a rule, while the practice is somewhat different. And how it looks in practice is best illustrated by the celebration of January 9th as RS Day. The iconography, the review of the police with vehicles covered with icons, the song about the fight for the “honorary cross of Nemanjic and the glory of Obilic“, is the message that this is an exclusively Serbian entity. Such messages fit into the narrative about the Serbian member of the Presidency and not a member from the rank of Serbian people.
Such a scenario has been present for years, and it is created by politics and politicians in violation of both the Constitution and the law. A game of words that changes the essence of the state.
E.Dz.
