OHR warns of legal consequences over discriminatory January 9 celebrations

The OHR recalls that celebrating 9 January represents a clear failure to respect and implement the final and binding decisions of the Constitutional Court of Bosnia and Herzegovina. The statement further notes that non-compliance with these decisions may constitute a criminal offense under the Criminal Code of Bosnia and Herzegovina. It is the responsibility of competent law-enforcement authorities to take legally mandated steps, particularly in cases involving public officials.

The High Representative stressed that respect for the rule of law, alongside dialogue, communication, and compromise, is essential to ensure that any observance of the Day of Republika Srpska is inclusive and embraced by all citizens. According to the High Representative, Christian Schmidt, such an approach is necessary to strengthen cohesion rather than deepening division.

In 2015, following an appeal by the then-member of the BiH Presidency, Bakir Izetbegovic, Bosnia's Constitutional Court declared the observance of 9 January as RS Day unconstitutional. Subsequently, the National Assembly of the RS (NSRS) adopted a decision to hold a referendum on RS Day. The referendum was held on 25 September 2016, despite the Constitutional Court issuing a temporary measure prohibiting its implementation.

Following the referendum, at the end of 2016, the NSRS adopted the Law on the Day of the RS. On 29 March 2019, acting on a request from nine delegates of the RS Council of Peoples, the Constitutional Court of BiH issued a new ruling on this law. The Court declared it unconstitutional and in violation of the International Convention on the Elimination of All Forms of Racial Discrimination, as well as the Protocol to the European Convention for the Protection of Human Rights and Fundamental Freedoms.

The Venice Commission has also expressed the view that the selection of 9 January for RS Day was prompted by sentiments and events of significance to only one ethnic group, and that the continued observance of this date could lead to discrimination.