The United States Embassy in Bosnia and Herzegovina and High Representative Christian Schmidt have issued strong statements condemning the celebration of Republika Srpska Day on January 9, which has been repeatedly declared unconstitutional by the BiH Constitutional Court.

The U.S. Embassy highlighted that the Constitutional Court has ruled on multiple occasions that celebrating Republika Srpska Day on January 9 violates the BiH Constitution, as it coincides with an Orthodox religious holiday and contravenes provisions prohibiting discrimination. “This determination is based on law, not opinion,” the statement emphasized, underscoring that all entities under the Dayton Constitution are obligated to adhere to final and binding rulings of BiH institutions.

Failure to comply with these rulings constitutes a criminal offence under the BiH Criminal Code. The Embassy urged law enforcement and judicial authorities to take swift and decisive action to investigate any violations related to the celebration of this unconstitutional holiday.

The United States also reaffirmed its readiness to take strong measures against anti-Dayton activities, stating its continued commitment to uphold the rule of law in Bosnia and Herzegovina.

High Representative Schmidt: A divisive celebration

High Representative Christian Schmidt echoed these sentiments, describing the non-integrative celebration of January 9 as a “clear and direct failure” to implement the binding decisions of both the Constitutional Court and the High Representative. He reiterated that non-compliance with Constitutional Court rulings could lead to criminal liability under BiH law.

Schmidt emphasized that the Constitutional Court had ruled that selecting January 9 as Republika Srpska Day does not foster collective remembrance or promote values essential to a multi-ethnic society. Instead, it marginalizes non-Serb communities in Republika Srpska. “It makes non-Serbs living in the RS feel like second-class citizens,” he said.

The High Representative urged law enforcement agencies, the BiH Prosecutor’s Office and the police to take appropriate legal steps, especially against public officials or civil servants involved in organizing or participating in the celebrations.

Call for dialogue and unity

Schmidt also emphasized that upholding the rule of law is critical for Bosnia and Herzegovina’s stability and prosperity. However, he added that communication, dialogue, and compromise must guide the selection of a day that could unify rather than divide the citizens of Republika Srpska.

“Only through dialogue can Republika Srpska have a holiday that all citizens can embrace and celebrate, strengthening their bonds rather than further dividing them,” Schmidt concluded.