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Republic of Srpska: Neutrality defined by Resolution


The Resolution on protection of constitutional order and proclamation of military neutrality of Republika Srpska, adopted by the National Assembly of Srpska, defines the neutrality of Srpska in relation to the existing military alliances, and that the territory of Srpska cannot be alienated besides the Constitution and the law, nor can it be defined and registered as another property.

“Any attempt to deny the sovereign rights over the territory of Srpska will be considered a violation of constitutional order and international law and will not produce a legal effect,” the resolution states.

This document specifies that Srpska is committed to coordinating any future status with Serbia as a signatory to the Dayton Peace Agreement.

“Accordingly, the National Assembly decides to declare the military neutrality of Srpska in relation to the existing military alliances until a possible referendum in Srpska is called, in which a final decision on this issue would be made,” reads the resolution.

The National Assembly obliges the bodies and institutions of Republika Srpska to implement the Resolution, applying the constitutional competences of Srpska. Any contrary treatment will be sanctioned in accordance with the law.

The National Assembly obliges all representatives from Republika Srpska in BiH joint institutions to respect the Resolution, since they were elected in Srpska, which according to the Constitution and law, is an electoral unit. The obligation also applies to representatives from Republika Srpska in international organisations and forums.

The National Assembly of Republika Srpska obliges the Government and other bodies and institutions to inform the Parliament about the activities they take to prevent the attempted violation of the Dayton Agreement and the Republika Srpska Constitution.

The previously adopted acts of the National Assembly of Republika Srpska, which refer to full membership in military alliances, cease to be valid.

The Resolution states that Republika Srpska has been permanently committed to respecting the constitutional order of Bosnia and Herzegovina created by an international treaty with the guarantees of great powers and Serbia and Croatia’s signatures. The Dayton Agreement is a part of international law and its annexes as implementing agreements can only be changed based on the agreements of the parties – Republika Srpska and the Federation of BiH.

According to the Constitution, Republika Srpska is a unique and indivisible constitutional entity within BiH, which independently carries out constitutional, legislative, executive and judicial functions that are not explicitly assigned to BiH institutions by Annex 4 – the Constitution of BiH.

The territory of Republika Srpska is unified, indivisible and inalienable in accordance with Article 3 and Annex 2 of the Dayton Peace Agreement, titled the Agreement on border line between entities and related issues.

“The territory of Srpska in the percentage of 49 and 51 percent of the territory of the Federation of BiH are an inalienable right within the internationally recognised borders of BiH, which is confirmed by the arbitration decision establishing Brcko District as co-ownership of both entities without the establishment of the territory of BiH,” the Resolution reads. 




Source: srna



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