RS Assembly Rejects Bonn Powers, Promotes Right to Serb Entity’s Self-Determination

Parliament of Republika Srpska (YouTube screenshot)

Early in the morning on Nov. 12, the Republika Srpska (RS) assembly adopted resolutions rejecting the so-called “Bonn Powers” of the High Representative and announcing that the assembly would initiate the closing of the Office of the High Representative (OHR).

The resolutions, backed by the ruling majority, rejected the “Bonn Powers” as “fully unconstitutional, illegal and illegitimate considering that their application represented a flagrant violation of the Bosnia and Herzegovina constitutional order and violations of the fundamental human rights as well as instruments for their protection.”

MPs of the opposition parties and Bosniak parties represented in the Bosnian parliament did not vote on a package of 20 conclusions.

According to the conclusions, acts of the High Representative represent violations of Annex 10 of the Dayton Accords, which established the institution of the High Representative and defined its legal powers, but does not contain provisions mandating the representative to issue any binding orders.

“Further stay and behavior of the High Representatives is unacceptable and non-productive, whose statements often contribute more to disagreements than agreements,” it is said in the conclusions.

The assembly also adopted the Information on unconstitutional transformation of the Dayton structure of Bosnia and impacts of the position and rights of RS, saying that the RS institutions are obliged to insist on consistent implementation of the Dayton Peace Agreement, particularly Annex 4 – the Constitution of Bosnia and Herzegovina.

The information also contains severe accusations at the account of the opposition in RS and representatives of SDS and PDP in Bosnian institutions in Sarajevo, which are branded as “traitors, people of Bakir (Izetbegovic), and champions of pro-Bosnian policy.”

The conclusions rejected all unconstitutional acts and those at odds with the Dayton Agreement.

According to the conclusions, opinions and activities which are not in line with this fundamental constitutional principle lead to violations of the constitutional order of Bosnia and Herzegovina, RS and the Bosnian Federation, and also jeopardize peace and stability.

If the signatories of and witness to the Dayton Agreement and representatives of the international community fail to react to attempts to violate provisions of the Dayton Agreement, the RS assembly will move toward adoption of a new Constitution, which will be put to a referendum.

 “A new RS Constitution will rely on the original principles of the Dayton Agreement and will restore seized powers to RS and its functioning in line with the Dayton Agreement,” it is said in the conclusions.

Further, the RS institutions are ordered to, without any due delay, take necessary actions and prepare all the information on the circumstances and activities that led to RS giving the green light to agreements on creating the Law on Defense of Bosnia and Herzegovina, the Law on Indirect Taxation, the Law on High Judicial and Prosecutors Council of Bosnia, and other laws which “have derogated powers of RS.”

The conclusions also demand a review of all the laws imposed by High Representatives in Bosnia, which undermine the constitutional and legal position of RS guaranteed in the Dayton Agreement.

The conclusions also promote the RS right to self-determination, which, within the framework of the Dayton Agreement, implies the preservation of the Dayton structure and broad autonomy of the entities.

“Should be the right to self-determination declined, which is proclaimed by the U.N. Charter, or further support provided to violations o the Dayton Agreement, RS reserves the right make a final decision on its future status,” according to the conclusions.

Any action against the conclusions of the RS assembly, as the entity’s supreme legislative body, would be regarded as undermining RS sovereignty and constitutional order.

“Such activities should be defined as criminal offenses under the Criminal Code of RS,” it is said in the conclusions.

The conclusions also demand a review of the composition and functioning the Bosnian Constitutional Court, noting that it has no legitimacy due to the presence of foreign judges.

The conclusions further oblige the RS government and relevant institutions to initiate reforms of the judiciary system at the Bosnia and Herzegovina level, that is, the Court of Bosnia and Herzegovina, the Prosecutor’s Office of Bosnia and Herzegovina, the High Judicial and Prosecution Council, as they have been imposed by the High Representative and are thereby illegitimate.

The RS assembly will continue to act according to the Resolution on the protection of the constitutional order and military neutrality, according to the conclusions.

Supporting cooperation with NATO, the conclusions state that RS opposes Bosnia’s membership in the alliance.

“Primarily because it considers inadmissible to have the NATO border line with Serbia and also for enormous amount of money a membership would cost RS and Bosnia,” according to the conclusions.

In the event of “forceful” attempts of joining NATO, RS will hold a referendum to have citizens give their say on RS’s membership in any military alliance, it is said in the conclusions.