The new Constitution of Republika Srpska represents the last opportunity to preserve the Dayton structure of Bosnia and Herzegovina by overturning the unilateral decisions of both legitimate and illegitimate high representatives. It is also a necessary response to attempts to impose the rule of force through undemocratic means. This is how the adoption process of Republika Srpska’s most important constitutional act—whose Draft has already been passed by the National Assembly—is being interpreted within Srpska. But does everyone in Srpska recognize this historic moment?
Adopted on February 28, 1992, during an emergency session of the Assembly of the Serb people, the Constitution of Republika Srpska was conceived as a fundamental legal act of self-protection, self-defense, and statehood. It is nearly four years older than the Dayton Constitution of Bosnia and Herzegovina.
For almost three decades, this Constitution has been subjected to numerous changes, some made by the authorized legislator—the Republika Srpska Parliament—but mostly through legal coercion imposed by foreign officials and their domestic collaborators. These interventions were aimed at degrading Srpska’s institutions and integrating them into a centralized Bosnia.
A Constitution weakened by imposed amendments
Radomir Lukić, co-author of the original constitutional act and a professor of constitutional law, has no doubts about the necessity of a new Constitution.
“I see nothing wrong with adopting a new constitution, given that the existing one has been heavily altered by the actions of foreign administrators in Bosnia and Herzegovina. With 130 amendments—some passed by the National Assembly of Republika Srpska, but most imposed by high representatives—the current number of modifications has nearly surpassed the total number of initial constitutional provisions,” Lukić emphasized.
The breaking point came when an unconstitutional court issued a verdict against the legitimate President of Republika Srpska for upholding constitutional norms. This was not just a ruling against an individual but an attack on the office of the President, the powers of the National Assembly, the responsibilities of the Republika Srpska government, the obligations of the Official Gazette—and ultimately, on the very Constitution of Srpska itself.
However, this unconstitutional move prompted a constitutional response—the drafting of a new fundamental legal act to protect the constitutional integrity of Republika Srpska as guaranteed by the Dayton Agreement.
“The new Constitution of Republika Srpska serves as a safeguard against the arbitrariness of those who thrive on our political crises—those who, I would argue, actively create them. I believe this is a historic moment for Republika Srpska. Unfortunately, the opposition in Srpska fails to recognize its significance,” stated Jelena Pajić Baštinac, Secretary General of the Office of the President of Republika Srpska.
Opposition’s stance and political maneuvering
The opposition in Srpska, however, views the verdict against President Dodik solely as a legal matter concerning an individual, rather than as an attack on a constitutional institution. Their stance has not changed, even after the politically motivated legal proceedings from Sarajevo expanded to include the Prime Minister of Srpska and the President of the Republika Srpska Parliament.
According to Pajić Baštinac, opposition parties see this crisis as an opportunity to seize power without elections, using the unconstitutional rulings of Christian Schmidt and the Bosniak political elite as leverage.
While the opposition frames the current crisis as a reason to obstruct the adoption of the new Constitution—citing stability and peace as their priorities—some within the Socialist Party argue that abandoning constitutional reforms would mean abandoning Srpska and the democratic foundations on which it stands.
“If we accept this today, we are accepting the dismantling of Bosnia and Herzegovina’s and Srpska’s institutions, their constitutions, and fundamental democratic processes. Ultimately, this threatens the sovereignty of Bosnia and Herzegovina itself,” said Srđan Todorović, Vice President of the Socialist Party (SP).
A return to Dayton, not secession
The proponents of the new Constitution emphasize that it will not contradict the Constitution of Bosnia and Herzegovina or the Dayton Peace Agreement. This stance directly counters attempts—both within Srpska and from abroad—to frame these constitutional efforts as unconstitutional and destabilizing, said Goran Selak, President of the Socialist Party of Srpska (SPS).
The adoption of Republika Srpska’s first Constitution was a visionary and historic act, characterized by Serb unity. With it, Srpska preserved its identity, the identity of its people, and the constitutional position it achieved in 1992—later recognized and confirmed internationally in Dayton in 1995.
The question now is whether that same unity and vision will be present in this historic moment, when, after extensive public debate, this foundational legal document returns to the National Assembly for final approval.
Source: RTRS
