Professor of constitutional law Siniša Karan stated that today, on the anniversary of the decision by the illegitimate Constitutional Court of Bosnia and Herzegovina in 2019—which declared the provision of the Law on the Day of Republika Srpska unconstitutional—it is necessary to remind all actors in Bosnia and Herzegovina that the will of the people expressed in elections is the only true and legitimate sovereign.
Karan said that with this orchestrated decision, aimed at stripping Republika Srpska and the Serb people of their right to freely decide on matters of key importance to their identity, survival, and development, historical facts cannot be erased—namely, that Republika Srpska was established peacefully on January 9, 1992, and that in 2016 the people clearly confirmed in a referendum their desire to celebrate January 9 as the Day of Republika Srpska.
“The will of the people stands above all, and no institution—not even the Constitutional Court of BiH, especially in its current illegitimate form—has the right to interfere with it. Interference in the democratically expressed will of the people, particularly by a court that has long been visibly influenced by certain interest groups, represents a serious and unacceptable attack on the foundations of democracy,” Karan told SRNA on the anniversary of the decision by the Constitutional Court declaring the provision of the Law on the Day of Republika unconstitutional.
Professor Karan pointed out that it is now abundantly clear that the Constitutional Court of BiH—which should serve as the guarantor of constitutionality and balance, not as an instrument of unitarization and majoritarian rule over the entities and the rights of the constituent peoples—makes decisions exclusively against Serbs and Republika Srpska, regardless of the subject of the appeal.
He described this as shameful and degrading, emphasizing that the Constitutional Court of BiH is just one tool used to serve the interests of the political elites in Sarajevo and parts of the international community, who cannot come to terms with the fact that Republika Srpska predates the Dayton-era Bosnia and Herzegovina.
“And to you, gentlemen, who refuse to face the truth, who refuse to recognize and accept irrefutable facts: Republika Srpska existed and was an independent state from 1992 to 1995, no matter how hard that is for you to accept. Republika Srpska agreed to the Dayton Agreement and brought its sovereignty into the Dayton framework of Bosnia and Herzegovina—not the other way around. That’s what pains you, but facts are facts!” Karan declared.
He stressed that the illegitimate Constitutional Court of BiH and other destroyers of the Dayton Agreement in BiH persistently ignore this fact and continuously attempt, through their decisions, to undermine the essential political autonomy and sovereignty of Republika Srpska.
“The leadership of Republika Srpska has, of course, recognized these distorted policies of the Constitutional Court of BiH and its allies, and has consistently and institutionally rejected them! Republika Srpska, as the guardian of the Dayton Agreement, is now taking a decisive step forward by adopting a new constitution. This new constitution, currently under public discussion, is a key step in defending our autonomy and future, and in restoring the sovereignty and strength of Republika Srpska based on Dayton principles,” Professor Karan explained.
By adopting the new constitution, the professor of constitutional law emphasized, Republika Srpska will firmly respond to the many years of attempts by foreign actors, high representatives, and unconstitutional institutions to undermine the will of the people, the integrity of Republika Srpska, and the Dayton framework of Bosnia and Herzegovina.
“The new constitution will set things right and return everything to the constitutional framework, where legally and legitimately elected domestic representatives will make decisions—not foreigners and political arithmetic that trample on the electoral will of the citizens,” Professor Karan concluded.
Source: RTRS
