By illegitimately imposing decisions, the unscrupulous citizen Christian Schmidt, on November 21—the day that marked the end of the civil war and the establishment of a framework for life in Bosnia and Herzegovina—has once again attempted to dismantle the Constitution of Bosnia and Herzegovina and the Dayton Agreement to create an unconstitutional Bosniak unitary state, stated Professor of Constitutional Law Siniša Karan to SRNA.
- “All three peoples in Bosnia and Herzegovina bear responsibility for security and must resist these pressures, preserving peace and the Dayton Agreement as the only viable framework for coexistence,” Karan emphasized.
The Influence of High Representatives
Karan recalled that the influence of High Representatives on the legal system is best illustrated by the fact that, up until 2009, they had imposed 105 amendments to the entity constitutions, issued more than 800 decisions, passed over 300 regulations, and executed approximately 500 dismissals—extrajudicial penalties without any process or possibility of appeal.
According to Karan, such actions have no foundation in international law or in the Constitution of Bosnia and Herzegovina, which is a part of domestic law, particularly after the introduction of Amendment One, which represents the only viable framework for the affirmation of the demands of all three constituent peoples within the realm of compromise.
“Everyone in Bosnia and Herzegovina must understand that Schmidt and previous High Representatives have been a destabilizing factor and a security problem,” Karan stressed.
Schmidt and International actors as destabilizing factors
Karan asserted that these individuals represent the same destructive force that led the peoples of Bosnia and Herzegovina into a tragic civil war, as they are now reintroducing the same reasons that caused the conflict 29 years ago.
- “Everyone must understand that no one wins here because citizen Schmidt and parts of the international community are once again pushing all three peoples into instability,” Karan said.
The Defense of Republika Srpska’s constitution defends the constitution of BiH
Karan emphasized that when Republika Srpska’s President Milorad Dodik defends the Constitution of Srpska, he is simultaneously defending the Constitution of Bosnia and Herzegovina, as the two are harmonized.
- “Let me remind you that the Constitutional Court of Bosnia and Herzegovina previously confirmed that the entities have the constitutional right to initiate the withdrawal of consent on previously transferred competencies in areas such as judiciary, defense, security, indirect taxation, and other matters. This confirms the positions of the institutions of Srpska and its state and political leadership,” Karan stated.
Republika Srpska’s institutions must uphold their laws
Karan insisted that all institutions of Republika Srpska, particularly the judiciary, must fully and consistently respect Srpska’s laws. This includes the decision to disregard rulings of the Constitutional Court of Bosnia and Herzegovina, which was made because the court operates by its own rules rather than the law, altering those rules to enable it to function without judges from Srpska. This allows three foreign judges and two Bosniaks to make decisions on behalf of the other two constituent peoples.
- “Through this, the Constitutional Court has definitively revealed itself as one of the greatest violators of the Constitution of Bosnia and Herzegovina,” Karan concluded.
Source: RTRS
