OSCE Mission: Marking January 9th is not only discriminatory but also unconstitutional

Patria
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OSCE Mission: Marking January 9th is not only discriminatory but also unconstitutional

(Patria) - The OSCE Mission to Bosnia and Herzegovina (Mission) emphasizes that the official patronage and support of the Government of Republika Srpska for the marking of the so-called "RS Day" on January 9th is not only discriminatory, but was clearly established as unconstitutional by the Decision of the Constitutional Court of Bosnia and Herzegovina of November 26, 2015, as it directly violates the constitutions of both Bosnia and Herzegovina and Republika Srpska itself.

According to this Decision of the Constitutional Court, declaring January 9th as "RS Day" violates the Constitution of Bosnia and Herzegovina by giving preference to members of one nation while discriminating against members of other nations. It should also be noted that the Constitutional Court also established that such a practice constitutes a violation of the provisions of the Constitution of Republika Srpska on the protection of equality and non-discrimination.

In the same Decision, the Constitutional Court also determined that the official and institutional marking of January 9th as the slava (patron saint's day) of Republika Srpska favors the cultural heritage, tradition, and customs of one nation while neglecting other nations, which is discriminatory.

The Mission calls on the Government of Republika Srpska to fully respect the rule of law, which must include respecting the decisions of the Constitutional Court of Bosnia and Herzegovina as final and binding. Disregarding and failing to implement the decisions of the Constitutional Court constitutes a criminal offense.

The Mission is permanently committed to supporting all authorities, throughout the entire territory of Bosnia and Herzegovina, in fulfilling their legal obligations in the sphere of protecting equality, non-discrimination, and the rule of law. This will strengthen the atmosphere of mutual trust and respect and create a better future for all peoples in Bosnia and Herzegovina.

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