The time has come to restore the rule of law in Bosnia and Herzegovina (BiH) by annulling laws imposed through decisions of successive High Representatives instead of being adopted by the competent legislative bodies, as required by the Constitution of BiH, according to the latest report submitted by the Government of Republika Srpska to the United Nations Security Council.
The report argues that every law imposed by a High Representative constitutes a flagrant and continuing violation of BiH’s democratic constitutional order.
It emphasizes that the Constitution defines BiH as a democratic country operating under the rule of law and on the basis of free and democratic elections.
According to the document, the Parliamentary Assembly of BiH is the only institution authorized to adopt legislation at the BiH level.
Legislative authority belongs exclusively to elected parliaments
The Government of Republika Srpska maintains that the constitutional framework clearly reserves legislative authority for democratically elected institutions.
“Similarly, in accordance with the Constitution of BiH, the constitutions of the two entities entrust legislative powers exclusively to the democratic institutions designated within them,” the report states.
“Therefore, under BiH’s constitutional order, lawmaking is a responsibility reserved for parliaments, the democratic institutions established by the Constitution. There are no exceptions to this rule, not even for foreign diplomats holding impressive titles,” the document emphasizes.
The report further argues that Annex 10 of the Dayton Peace Agreement, which defines the powers and responsibilities of the High Representative, contains no provision authorizing the imposition of laws or other binding decisions on BiH and its citizens.
According to the Government, the authority claimed by successive High Representatives to impose legislation has no foundation in the provisions of Annex 10.
Former High Representatives questioned the legality of imposed laws
The report cites statements by former High Representatives as evidence that the legal basis for imposing legislation has long been disputed.
It refers to Carl Bildt, the first High Representative, who questioned the legal foundations of the so-called Bonn Powers.
“The legal basis [of the High Representative’s alleged Bonn Powers] is extremely questionable,” Bildt wrote, according to the report.
The document also mentions Carlos Westendorp, the first High Representative to assume the authority to impose laws.
Westendorp later acknowledged the questionable legality of that authority, stating:
“I must admit that it was not exactly legal.”
The Government of Republika Srpska argues that these statements demonstrate that even individuals who previously held the position recognized serious legal concerns surrounding the practice.
Imposed legislation described as violation of BiH sovereignty
The report maintains that every law imposed by a High Representative constitutes a serious violation of BiH’s sovereignty.
It defines sovereignty as the legal independence of a state, including its right to manage its internal affairs and exercise supreme authority within its territory without subordination to another state or external authority.
“It is evident that the continued application of laws imposed by an unelected foreign diplomat represents an unprecedented violation of BiH’s sovereignty,” the report states.
The document also argues that the existence of such legislation violates the right of BiH citizens to free elections.
It refers to the First Protocol to the European Convention on Human Rights and the International Covenant on Civil and Political Rights, which, according to the report, are directly applicable in BiH under its constitutional framework.
“The continued existence of laws imposed by the High Representative constitutes a flagrant and ongoing violation of the right of BiH citizens to free elections,” the report emphasizes.
Venice Commission and European Commission positions cited
The Government of Republika Srpska recalls that the Council of Europe’s European Commission for Democracy through Law, commonly known as the Venice Commission, criticized the High Representative’s assumption of legislative powers in 2005.
The report also cites statements by European Commission representatives who, according to the document, made clear that such interference with BiH’s sovereign rights was incompatible with European Union values and EU membership.
The Government argues that legislation imposed by High Representatives will continue to violate BiH’s democratic constitutional order, the Dayton Peace Agreement, state sovereignty and citizens’ human rights unless the decisions are annulled or the competent legislative bodies freely adopt the measures through constitutional procedures.
HDZ BiH also supports annulment of imposed decisions
The report emphasizes that Republika Srpska is not alone in calling for the annulment of decisions imposed by High Representatives.
It points to support from the Croatian Democratic Union of Bosnia and Herzegovina (HDZ BiH), led by Dragan Čović.
“Republika Srpska is not alone in demanding the annulment of the High Representative’s unlawful decisions,” the document states.
“HDZ BiH, whose president Dragan Čović recently stated that his party remains a strong partner of the ruling party in Republika Srpska, has joined Republika Srpska in calling for their annulment,” the report adds.
Domestic institutions must assume full responsibility
According to the Government of Republika Srpska, transferring full responsibility for governing BiH to domestic institutions would contribute to the country’s institutional development.
The report argues that political and legislative processes should be entrusted entirely to the elected representatives of all three constituent peoples.
Such an approach, it maintains, would strengthen democratic institutions and help guide BiH toward greater stability and prosperity.
The Government also reiterates Republika Srpska’s commitment to peace, security and cooperation with domestic and international partners who respect the Dayton Peace Agreement.
“Reaffirming its commitment to peace and security, Republika Srpska stands ready to cooperate with all domestic and international actors who respect the Dayton Peace Agreement,” the report states.
It concludes by emphasizing that the Constitution of BiH, agreed upon following difficult negotiations in Dayton more than 30 years ago, remains the only sustainable framework for achieving lasting stability.
“The Constitution of BiH represents the only viable framework for achieving these objectives, and Republika Srpska calls on all stakeholders to reaffirm their commitment to its consistent implementation,” the Government’s report concludes.
Source: RTRS
