Where will Serbs from the Federation of Bosnia and Herzegovina have the right to vote on “important” issues for the Serbian people

By: Goran Kovačević

It seems we easily forget that the state is not the statements of politicians and their party appointees. In the last few days, a dust has been raised around the referendum, and everyone has had their say.

Some would even divide their own house. We can all agree that politics has not been this „active“ for a long time.

Everyone accuses everyone else of something, some threaten and defy the whole world, others complain and seek protection from institutions that only half a year earlier they had declared politicized. Let us stop this farce before it goes too far!

All politicians, no matter what they think of themselves and the inviolability of their positions, should know that they were elected by the will of the citizens.

Let us also note that they were elected to protect and implement the laws. So let us help them. The rule of law is one of the fundamental pillars of the state.

The absence of the rule of law leads to anarchy and autocracy - a favorite word of our politicians. Citizens of Bosnia and Herzegovina, regardless of whether they are Bosniaks, Serbs or Croats, voted for respect for and strengthening of the rule of law - I emphasize this especially, because of all the political machinations surrounding the referendum.

The debate about the referendum as a right of the people on the one hand, or giving an apocalyptic note to that same referendum on the other, is just an empty story. However, let us accept the story about the referendum of the Serbian people as it stands.

The question arises where will the Serbs living in the Federation of Bosnia and Herzegovina have the right to vote on these "important" issues for the Serbian people?

If this is not an election campaign, why was the referendum not organized after the elections, because local elections do not call into question the position of the entity government. Possible changes in the structure of local government have no impact on the organization of the referendum.

On the other hand, the statements of the Chairman of the Presidency of Bosnia and Herzegovina, Bakir Izetbegović, who acts on behalf of „Bosniak unity“ that the referendum is "a test balloon for the secession of Republika Srpska from Bosnia and Herzegovina“, is a blow to the pride of Bosniaks.

The fact that Bosniaks make up over 50% of Bosnia and Herzegovina does not allow any politician to play with the state that this people wants, and that is Bosnia and Herzegovina, except in a situation where that people does not want that state.

Based on the reactions of the SDA leadership, which are "mild or non-existent", with visible disinterest in the status of Bosniaks in Bosnia and Herzegovina, it seems that they will agree to the option of letting the referendum be held, because its results are not binding, so nothing will come of it.

The situation regarding the referendum is very clear. In November 2015, the Constitutional Court of Bosnia and Herzegovina decided that the Law on Holidays of Republika Srpska, Article 3, paragraph b, is contrary to the Constitution of Bosnia and Herzegovina and the European Convention on Human Rights.

Also, the Court ordered the authorities of Republika Srpska to remedy this violation within six months - to align the disputed article with the Constitution of Bosnia and Herzegovina. The authorities in Republika Srpska have not done this and are consciously ignoring that decision, taking actions aimed at preventing its implementation. Such activities are a direct denial of the rule of law, but also call into question other decisions of this Court that have been made or could be made in future appeals.

The situation we find ourselves in is not political, regardless of how much politicians speak about it and what they say. The state has mechanisms to solve this problem, because there are institutions in the state, apart from political parties, that can resolve this in a short period of time.

Namely, the Criminal Code of Bosnia and Herzegovina stipulates that failure to implement a decision of the Constitutional Court of Bosnia and Herzegovina is a criminal offense for which a sanction is prescribed. All conditions have been met to call certain persons from the authorities of Republika Srpska to account. It is now up to the Prosecutor's Office of Bosnia and Herzegovina and SIPA.

And our politicians? They are still looking at their foreign principals, so they will "tighten the chain" to the point where the foreigners pull them back.