The National Assembly of BiH's Republika Srpska entity on Wednesday adopted a controversial proposal for the initiation of a new entity constitution. Fifty members voted in favor.
This new constitution under consideration contains a number of unconstitutional provisions, meaning provisions that are in conflict with the Constitution of Bosnia and Herzegovina. The draft constitution further “confirms” unconstitutional laws previously adopted by the NSRS, which prohibit the work of Bosnia and Herzegovina’s institutions in the RS entity, and for which the Constitutional Court of Bosnia and Herzegovina has issued a temporary measure banning their application.
The preamble of the constitution once again grants the non-existent “statehood to the RS entity”: “The constitutional order of the Republika Srpska is based on the legal continuity from January 9, 1992, the day of the proclamation of the Republika Srpska, and February 28, 1992, when the first Constitution of the Republika Srpska was adopted; on the historical continuity of medieval statehood of the countries ruled by the Nemanjic, Kotromanic, and other dynasties.”
Article 5 states that “RS may withdraw from agreements at the level of Bosnia and Herzegovina,” and that the agreement in paragraph 1 can be “confirmed by a referendum in RS.”
Article 5, paragraph 3, states that “an agreement on changing the border line between RS and FBiH can be confirmed by a referendum in RS.”
“Republika Srpska sovereignly decides on its competencies, retaining the right to withdraw from agreements (at the level of BiH) by its own free will.”
Article 6 mentions that “the NSRS and the Government of RS can suspend the application of any act of BiH bodies or institutions that have no basis in the BiH Constitution,” that laws do not have legal effect in RS, and that “laws adopted by the BiH Parliamentary Assembly will be applied after being confirmed by the NSRS.”
One of the provisions mentions that “the decision to sign an agreement on amendments to the BiH Constitution is made by the National Assembly of RS.”
Article 9 states that RS “has the right to self-determination,” may establish “special, parallel ties,” and “unite into complex state unions of federal or confederal arrangements with neighboring and other countries or groups of countries.”
Part of the constitution is dedicated to the media, and the media “are prohibited from spreading falsehoods that may harm the honor and reputation of others.” Non-governmental organizations “financed from abroad” may only be established “under conditions established by law.”
“In the case of wartime conditions, the mandate of the NSRS is extended for the duration of that situation” – as stated in Article 81.
All “state functions and competencies” belong to the Republika Srpska, except those explicitly provided for as the competencies of BiH institutions in Article 3 of the BiH Constitution.
Article 115 states that “RS may declare military neutrality or decide on a military alliance with other states,” while Article 116 notes that “RS has its own army,” for which a special law will be adopted.
Article 130 deals with the “High Judicial and Prosecutorial Council of RS.”
It is emphasized that the constitution enters into force on the day of its proclamation.
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