The Constitutional Affairs Committee of the National Assembly of Republika Srpska has asked the Constitutional Court of BiH to reject all three requests challenging the constitutionality of a provision of the Criminal Code that criminalizes the public display and promotion of flags and symbols of the so-called Army of BiH, arguing that the requests are unfounded.
Republika Srpska officials say that protection from wartime symbols falls within entity jurisdiction and describe the attempt to challenge the provision as another attack on the constitutional order.
The National Assembly of Republika Srpska rejects the requests for a constitutional review of the Criminal Code provision prohibiting the public display and promotion of symbols of the so-called Army of BiH.
The Constitutional Affairs Committee unanimously adopted its response to the Constitutional Court of BiH, arguing that the law was enacted within Republika Srpska’s constitutional jurisdiction and in accordance with the Dayton Peace Agreement.
“The existing Constitution of BiH already regulates the symbols that are used, and neither the Constitutional Court nor Bosniak delegates can go beyond the framework prescribed by Dayton and impose the coat of arms or symbols of the Army of BiH above all of that. If the Constitutional Court attempts to do so, it will have driven the final nail into its own coffin and buried itself,” said Nenad Stevandić, President of the National Assembly of Republika Srpska.
The disputed flag and symbols of the so-called Army of the Republic of BiH are regarded in Republika Srpska as insignia of one of the warring sides from the previous war which, according to the arguments presented, cause fear and distress among the Serb population.
“You saw from the number of those who launched the initiative how many of them participated as soldiers of the Army of Bosnia and Herzegovina. We even have recipients of their highest decorations, the Golden Lilies. And then we have an appeal to the Constitutional Court, whose composition includes the same commander and no Serbs. What is there to comment on?” said Republika Srpska Prime Minister Savo Minić.
President Milorad Dodik described the case as another example of what he sees as the misuse of BiH institutions against Republika Srpska.
Speaking about symbols, Dodik also recalled that the current flag of BiH was imposed without an agreement among all three constituent peoples.
“The story about symbols is over. Our flag is a historical matter. It is not merely an ordinary piece of cloth. And what about the flag of BiH? How did it come into existence? Who imposed it? Did anyone vote for it? Did anyone accept it? It was imposed by the High Representative. It is not perceived as something that belongs to us,” Dodik said.
The Constitutional Affairs Committee said that the disputed provision does not target any constituent people, but sanctions the conduct of individuals who violate the prescribed prohibition.
The requests for a constitutional review were submitted by 11 members of the House of Representatives of the Parliamentary Assembly of BiH, First Deputy Speaker of the House Denis Zvizdić and Chairman of the BiH Presidency Denis Bećirović.
Source: RTRS
