RS Assembly to debate draft constitution challenging Bosnia’s sovereignty
The National Assembly of Republika Srpska (NSRS) is set to discuss a new draft constitution that contains provisions contradicting the Constitution of Bosnia and Herzegovina. The proposed document seeks to reinforce previously adopted RS laws deemed unconstitutional by Bosnia’s Constitutional Court, including those prohibiting state institutions from operating within the entity.
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The draft preamble asserts RS's so-called "statehood," referencing a legal continuity dating back to January 9, 1992, and even drawing historical ties to medieval dynasties. It further grants RS the ability to withdraw from agreements at the state level, affirming that such decisions could be confirmed via referendums within the entity.
Among its controversial provisions, the draft states that RS can:
• Suspend the application of any law from Bosnia and Herzegovina if deemed inconsistent with the RS constitution.
• Hold referendums to confirm agreements, including territorial ‘border’ changes with the Federation of BiH entity.
• Claim the right to "self-determination" and establish parallel or special relations with neighboring states, including federal or confederal unions.
Additionally, the document designates Banja Luka as the RS capital and East Sarajevo (Pale) as the "seat of government." It also introduces restrictions on media and NGOs, banning the dissemination of "false information" that could harm someone's reputation and limiting foreign-funded organizations to operate only under conditions set by law.
The draft further asserts that RS holds all state functions except those explicitly assigned to BiH institutions under Article 3 of the BiH Constitution. It also outlines the potential for RS to declare military neutrality or form alliances with other states and even proposes the establishment of an RS military force through a separate law.
If adopted, these provisions would directly challenge Bosnia and Herzegovina's constitutional order, potentially escalating political tensions and legal disputes at the state level.
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