Išerić: Schmidt's claim that everyone has equal rights in Republika Srpska is incorrect!

By: Dr. sci Enver Išerić

High Representative in Bosnia and Herzegovina Christian Schmidt stated in an interview for Preporod.info, among other things:

“I think it is necessary to remind very clearly that the RS entity is not exclusively a Serb entity, but that it is a multi-ethnic entity and everyone has equal rights. If we see that members of the Bosniak people are discriminated against in various ways in that entity, then that is a situation that cannot remain as it is. If the situation were to continue to develop with more and more investigations being conducted against members of the Bosniak people, that would be something concerning, and in that case, action would have to be taken.”

Well, thank you, Mr. Schmidt, for reminding us of that. We, like you, know very well that the Republika Srpska entity is not exclusively an entity of the Serb people. Just as the Federation of Bosnia and Herzegovina entity is not exclusively an entity of only the Bosniak and Croat people. These are two Bosnian-Herzegovinian entities (two territorial units) that belong to all citizens (Bosniaks, Serbs, Croats, and other citizens).

Every part of this country belongs to all citizens of Bosnia and Herzegovina. But only to those who consider Bosnia and Herzegovina their homeland and who respect its constitution and laws. Those who work against the state and violate its constitution do not, and will never have, the right to even a square centimeter of its territory, because they want to secure power in that area, even if it is just a centimeter, for members of only one nation.

You, Mr. Schmidt, also claim that Republika Srpska is a multi-ethnic entity in which everyone has equal rights. You are partially right about its multi-ethnicity. Because the RS entity is multi-ethnic, but not nearly to the degree of multi-ethnicity that existed in 1991. That multi-ethnicity was disrupted by ethnic cleansing, war crimes, and genocide. And it never returned to the level before the aggression against our country, because Annex VII of the Dayton Peace Agreement was never fully implemented.

Regarding your claim that everyone has equal rights in the Republika Srpska entity, I must tell you that your claim is completely incorrect. Not everyone has equal rights. And they should have them, Mr. Schmidt. They should have them according to the Constitution of Bosnia and Herzegovina itself, because the European Convention on Human Rights and Fundamental Freedoms is an international document that is directly applied in Bosnia and Herzegovina and has priority over all other laws in the country. Furthermore, the Constitutional Court of Bosnia and Herzegovina made Decision No.: U-5/98 from 2000, which established that all three peoples are constituent throughout the entire territory of the state.

The constitutions of the entities also stipulate the obligation of proportional representation in public services for constituent peoples and other citizens according to the 1991 census. Neither the decision of the Constitutional Court nor the provisions of the entity constitutions have ever been fully implemented.

Furthermore, Mr. Schmidt, not everyone in Republika Srpska has the same rights as in the Federation of Bosnia and Herzegovina. Just look at the competencies of the vice-presidents of one and the other entity. In the Federation, the president cannot make any decisions without the consent of the vice-president. In Republika Srpska, the vice-presidents cannot influence any decision of the president. Is there a difference there? Does everyone in the RS entity have equal rights?

Can the president of the entity and the prime minister be from the same constituent people in the Federation of Bosnia and Herzegovina entity? No. But in Republika Srpska, they can. And from the Serb people. In the Federation, Mr. Schmidt, and according to the amendments to the Constitution of the Federation of Bosnia and Herzegovina, which you imposed, the prime minister, the speaker of the House of Representatives, and the speaker of the House of Peoples cannot be from the same constituent people, meaning only one of these positions can be filled by a member of one people. This is what you stipulated in Amendment CXXIV, which amended Article IV.D.1. of the Constitution of the Federation, which reads:

“(1) Of the following positions, at most one may be filled by a member of one constituent people or by a member of the Others:

Prime Minister/President of the Government; Speaker of the House of Representatives;
Speaker of the House of Peoples.

And in Republika Srpska, Mr. Schmidt, all these positions can be, and actually are, filled by members of the Serb people. Now I ask you, in the Republika Srpska entity, which belongs to all citizens, do all citizens (constituent peoples and others) have equal rights, as you claim in your interview for Preporod.info. They do not have equal rights, Mr. Schmidt. All citizens there who do not belong to the Serb people are discriminated against.

They are discriminated against because they are not represented in public services according to the 1991 census and do not have equal rights in decision-making within the entity authorities. If we add to this the difference in the competencies of the House of Peoples of the Parliament of the Federation, which decides on all issues like the House of Representatives, and the Council of Peoples in Republika Srpska, which is part of the legislative authority and decides only on issues related to the vital national interest of the constituent peoples, then the discrimination is even greater.

Therefore, Mr. Schmidt, do something to ensure that your claim, that everyone in Republika Srpska has equal rights, becomes true.

You don't have to, but otherwise, the demands of European countries to redefine your role will be reasonable and acceptable.