The official sponsorship and support by the government of Republika Srpska of the celebration of the "so-called Day of Republika Srpska" on January 9 constitutes an act of discrimination, the OSCE Mission in Bosnia and Herzegovina said ahead of the said date, reminding that the Constitutional Court of BiH clearly determined marking the holiday on this date was unconstitutional “as it directly contravenes the constitutions of both BiH and Republika Srpska entity.

“According to the Constitutional Court’s ruling, the designation of 9 January as the ‘Day of Republika Srpska’ violates the Constitution of Bosnia and Herzegovina by privileging one ethnic group while discriminating against others. It should be recalled that the Constitutional Court also determined that such a practice violates the equality and non-discrimination protections provided by the Constitution of Republika Srpska,” the Mission said.

It recalled that in the same ruling, the Constitutional Court further found that the official and institutional marking of 9 January as the Serb Orthodox Patron Saint’s Day of Republika Srpska prioritises the cultural heritage, traditions and customs of one ethnic group in this part of the country while neglecting others and is thus discriminatory.

“The Mission calls upon the government of Republika Srpska to fully uphold the rule of law, which must include respect for the decisions of the Constitutional Court of Bosnia and Herzegovina as final and binding. Any failure to comply with and implement the decisions of the Constitutional Court constitutes a criminal offence,” it stressed in a press release ahead of the said date.

The Mission reiterated support to all authorities throughout Bosnia and Herzegovina in fulfilling their legal obligations to ensure equality, non-discrimination and the rule of law. “Doing so, thereby fostering an atmosphere of mutual respect and appreciation, would create a brighter future for all people of Bosnia and Herzegovina,” it underlined.

Despite the court rulings, the authorities in Bosnia's Serb-majority entity, Republika Srpska, mark the holiday every year in a mass celebration.