Draft of the new constitution: RS can enter into a (con)federation with neighboring countries

(Patria) - The National Assembly of RS will decide tomorrow on the Draft of the new constitution of RS, and the portal Istraga.ba has published its most important parts.

According to the new provisions of the RS constitution, if adopted, Republika Srpska can enter into a federal or confederal relationship with other states, "RS is the state of the Serb people", and the Army of Republika Srpska is being introduced. Also, the provisions stipulate that property belongs to RS.

The preamble of the constitution of Republika Srpska states that RS has continuity with January 9, 1992.

"The constitutional order of Republika Srpska is based on the legal continuity from January 9, 1992, as the day of the proclamation of Republika Srpska, and February 28, 1992, when the first Constitution of Republika Srpska was adopted; on the historical continuity of medieval statehood of the countries ruled by the Nemanjić and Kotromanić dynasties, and others," reads the preamble of the Draft Constitution.



Article 1 of the proposed constitution states that "Republika Srpska is a sovereign, unified, and indivisible constitutional and legal entity, confirmed by the will of the people and the General Framework Agreement for Peace in Bosnia and Herzegovina, as an international treaty, and the Constitution of BiH".

"Republika Srpska is sovereign on its land territory confirmed by the General Framework Agreement for Peace in Bosnia and Herzegovina, as well as rivers, lakes, and airspace above these areas," states Article 2.

Constituent status in RS abolished

Article 3 states that Republika Srpska is the state of the Serb people and all peoples and citizens living in it, who participate equally and without discrimination in the exercise of power.

Article 4, paragraph 1, states that Republika Srpska independently performs its constitutional, legislative, executive, and judicial functions, and that all state functions and competencies belong to it, except for those that are explicitly provided for as competencies of the institutions of Bosnia and Herzegovina by Article 3 of the Constitution of Bosnia and Herzegovina.

Article 5, paragraph 1, states that RS can withdraw from agreements at the BiH level.

"Republika Srpska sovereignly decides on its authorities, retaining the right to withdraw from agreements (at the BiH level) by its free will," reads paragraph 1 of this article, while paragraph 2 states that the agreement from paragraph 1 can be confirmed by a referendum in RS.




Article 6, paragraph 2, states that the National Assembly and the Government of RS can suspend the application of any act, measure, or activity of bodies and institutions at the BiH level, which do not have a basis in the Constitution of Bosnia and Herzegovina.

Paragraph 3 of the same article of the Draft Constitution states that laws that are not within the exclusive competence of Bosnia and Herzegovina or that do not arise from agreements between entities do not produce legal effect in RS.

Paragraph 4 states that laws passed by the Parliamentary Assembly of BiH will apply in the territory of RS after they are confirmed by the National Assembly of RS.

Possibility of self-determination

Article 9 gives RS the possibility of self-determination.

"Republika Srpska has the right to self-determination," states paragraph 1 of Article 9.

"Republika Srpska can establish special parallel ties, unite into complex state communities of federal or confederal organization with neighboring and other countries or groups of countries," reads paragraph 2 of the same article.



The draft also states that the capital of RS is Banja Luka, and the seat of the capital is Istočno Sarajevo, with its headquarters in Pale.

Article 37, paragraph 2, restricts political activity.

"Political organization and activity aimed at endangering democracy, violating the integrity of Republika Srpska, violating constitutionally guaranteed rights and freedoms, and inciting national, racial, or religious hatred and intolerance are prohibited," states paragraph 2 of this article.

Article 59, paragraph 1, states that RS independently and without restriction manages and disposes of property, which cannot be alienated, except in cases prescribed by law.

Article 76, paragraph 8, states that Republika Srpska regulates and ensures the "banking and tax system".

Army of RS established

Article 77 states that RS regulates the election and appointment of deputies of the National Assembly of RS, the President of RS, and delegates of the House of Peoples of the BiH Parliamentary Assembly from RS by election law.

Article 89, paragraph 7, states that the President of Republika Srpska proposes ambassadors and other international representatives of Bosnia and Herzegovina from Republika Srpska.

The draft constitution establishes the army of Republika Srpska, whose supreme commander is the President of RS.

Article 116 states that Republika Srpska has its own army and that RS can declare military neutrality and decide on a military alliance with other countries (Article 115.).

You can read the entire document here.