The initiative to challenge the name of Bosnia's Republika Srpska (RS) entity before the Constitutional Court stands no chance, according to Bosnian Croat politician Barisa Colak, formerly Bosnia's Justice Minister.
“The Constitution clearly says that Bosnia and Herzegovina consists of two entities, Republika Srpska and the Federation (FBiH), and I see no legal possibility for this initiative to get support at the Constitutional Court of Bosnia and Herzegovina,” Colak told an RS-based daily.
According to him, it was not “clever” to raise tensions during an already turbulent period. “Primarily it was not responsible.”
Former Justice Minister explained the Constitution might be amended but only in the Parliament and with the support of a two-thirds majority.
Bosniak leading party, the Party of Democratic Action (SDA) announced earlier this week it would launch a process and ask the Constitutional Court if the name Republika Srpska is in line with the Constitution, arguing that it discriminates other ethnic groups living in that entity.
The announcement came two weeks after the controversial celebration of the RS Day on January 9, which the entity authorities organised despite a 2015 Constitutional Court decision declaring the celebration on this date unconstitutional and discriminatory against non-Serbs living there as this is also the date celebrating an Orthodox feast.
The latest initiative sparked strong reactions among the Serb and Republika Srpska leadership, which in response announced “rigorous protection measures” in that entity and the possibility of taking control over its own border within the country.
Bosnian Croat leader Dragan Covic believes there is “a different goal” behind the initiative.
Bosnia and Herzegovina has to be protected but it has to be a joint need of all political legitimate, elected representatives, because this is the only way to find a solution to all issues, according to Covic.
“If that's only a whim of one person or one politics, I'm afraid it would end up as before. We'll have damage and that's the mistrust that keeps growing,” added Covic.
Explaining the move he made, SDA leader Bakir Izetbegovic told media on Thursday that the goal was not to abolish the name itself but to add two other peoples living along the Serbs in that entity in its name.
The initiative is being announced at this moment because, Izetbegovic added, the attacks against Bosnia have intensified and the RS entity is increasingly linked to the status of Kosovo.
Vice President of the Federation entity Milan Dunovic deems there are many issues deserving more attention at the moment. In this way, according to him, SDA only gave attention to Bosnian Serb leader Milorad Dodik and consolidated all Serb parties in the RS.
“The name itself is problematic for million reasons, but the moment when and how it happens is not a good political decision,” Dunovic told N1's Novi Dan programme.
Top international institutions in Bosnia assessed that the timing of the initiative was not good as it takes place amid the talks on post-election government formation in the country. They recalled that the State Constitution clearly recognizes two entities, the Federation and Republika Srpska.