Serb parties condemned on Thursday an announced initiative by the main Bosniak political party to challenge the name of Republika Srpska at the Constitutional Court.
The Party for Democratic Action (SDA) said on Wednesday that it will ask the Constitutional Court whether the name ‘Republika Srpska’ is in line with the Constitution, saying that the name does not take into account the fact that Bosniaks and Croats also live there.
“Submitting the appeal to check whether the name Republika Srpska is in line with the Constitution is an anti-Serb and anti-constitutional action and a direct attack on the integrity and sovereignty of Bosnia and Herzegovina,” a joint statement from the Serb parties said.
The Serb member of Bosnia’s tripartite Presidency, Milorad Dodik, who is also the leader of the ruling party in the RS, the Alliance of Independent Social Democrats (SNSD), read out the statement that said the name Republika Srpska was confirmed in the 1995 Dayton Peace Agreement, which ended the Bosnian war and contains the country’s Constitution.
Dodik also argued that the Dayton Agreement says that “Bosnia and Herzegovina is composed of Republika Srpska and the Federation of Bosnia and Herzegovina” hand the RS entity is a signatory to all 11 annexes to the document and that without it there would be no Bosnia as it exists today.
The parties also expressed distrust toward the Constitutional Court, saying that if the body accepts the SDA appeal, “it will be perceived as a flagrant breach of the Dayton Peace Agreement.”
“We will ask for a special session in the RS National Assembly where we will decide on the future status of Republika Srpska, if the appeal is accepted,” Dodik said.
Vukota Govedarica, the leader of the Serb Democratic Party (SDS), an opposition party in the RS, said that the “constitutional order in Bosnia and Herzegovina” is jeopardised if the name of the entity is challenged.
“After a long time, we sat down together and spoke about the anti-Dayton announcements from the SDA which have caused a turmoil within 24 hours. They (the SDA) are only interested in tensions between the national groups,” said Borislav Borenovic, the leader of the RS opposition Party for Democratic Progress (PDP), adding that the SDA has “caused political chaos.”
The leader of the Socialist Party, Petar Djokic, called the SDA initiative an “irresponsible move” and that it could “produce the biggest, most dramatic crisis in Bosnia and Herzegovina.”
The leader of the United Srpska (US) party, Nenad Stevandic, thanked SDA leader Bakir Izetbegovic “for contributing to us uniting on national issues.”
Dragan Cavic, the leader of the National Democratic Movement (NDP), pointed out that there are three foreigners and two Bosniaks sitting in the Constitutional Court, and that they can outvote the other court members.
The Court is composed of nine members, two members per majority ethnic group in the country and three foreign judges. Bosnian Serb politicians have been complaining for years that the foreigners tend to side with Bosniaks and “outvote” members from the other two ethnic groups.
“Justice and the Peace Agreement, as well as international law, are on our side, but the math is not,” Cavic said.
OSCE Mission to BH Statement
In response to the announcement of SDA’s initiative to challenge the name of the Republika Srpska, the OSCE Mission to BiH notes that the Dayton Peace Agreement and the BiH Constitution clearly recognize two entities, the Federation of Bosnia and Herzegovina and Republika Srpska. The OSCE Mission encourages SDA leadership and all parties to find constructive ways to improve dialogue, understanding and trust between the Constituent Peoples.
Indeed, as the High Representative has stated, SDA’s initiative is particularly unwelcome in the midst of government formation and the urgent need to resolve several politically sensitive issues. It is a distraction from addressing the real needs of citizens and does nothing to resolve the issues that SDA legitimately raises in relation to the position of returnees in Republika Srpska, such as the Bosnian language.
Rather than divisive rhetoric and maximalist positions that only lead to crises, the citizens of this country need political leaders to work toward a better future through dialogue, mutual understanding and compromise.
Local EU Statement
The European Union Delegation/EUSR issues the following statement in agreement with the EU Heads of Mission in Bosnia and Herzegovina:
“We call on all political parties to refrain from political manoeuvres aimed at distracting attention from the real issues facing Bosnia and Herzegovina.
Polarising statements and actions, including challenges to the constitutional framework of the country, will not facilitate the formation of new authorities at a crucial moment for the country’s EU path.
We reiterate our urge to all political parties to engage in a constructive manner to ensure the implementation of election results, in order to move ahead with much needed reforms.”
HR Inzko: Refrain from polarizing action and focus on formation of authorities
Commenting on the announcement of an initiative to challenge the name of the RS before the BiH Constitutional Court, the High Representative recalls that the Constitution of Bosnia and Herzegovina recognises that Bosnia and Herzegovina consists of two entities, the Federation of Bosnia and Herzegovina and Republika Srpska.
He underlined that the PIC Steering Board has repeatedly expressed its commitment to BiH’s fundamental structure as a single, sovereign state comprising these two entities. In this respect, the announcement of an initiative to challenge the name of Republika Srpska in front of the Constitutional Court of BiH in the midst of discussions on government formation is irresponsible and counterproductive, and further undermines the trust between constituent peoples and their political representatives. The High Representative calls upon the parties to refrain from any further polarizing action and rhetoric, and to engage constructively on swift formation of authorities on all levels.
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