OHR and US Embassy on the Unconstitutional Day of RS: It is Up to the BiH Prosecutor's Office and Police to Take Legally Prescribed Steps

(Patria) - The Office of the High Representative (OHR) and the US Embassy in Sarajevo issued separate statements today regarding the announced celebration of January 9, the unconstitutional Day of RS.

High Representative Christian Schmidt reminded that the non-integrative celebration of January 9, as the Day of RS, is a clear and direct failure to implement the final and binding decisions of the Constitutional Court of BiH, as well as the decisions of the High Representative from July 1, 2023.

- The High Representative warned that non-compliance with the decisions of the Constitutional Court may constitute a criminal offense under the Criminal Code of Bosnia and Herzegovina.

The Constitutional Court of BiH stated in its decision that 'the choice of January 9, as the date for marking the holiday of the Day of RS, does not have the symbolism of a collective shared memory that can contribute to strengthening collective identity as values that have special significance in a multi-ethnic society based on respect for diversity as fundamental values of a modern democratic society.'

In that case, people who are not members of the Serbian people, but live in RS, may feel like second-class citizens - Schmidt pointed out.

It is up to law enforcement bodies - the BiH Prosecutor's Office and the police, as he stated, to take appropriate legally prescribed next steps, especially in cases involving public officials and state servants and their participation in the preparation or organization of the celebration of January 9.

- The rule of law is an indispensable prerequisite for a stable and prosperous future for all citizens of BiH, together with communication, dialogue and compromise.

These should be the guiding principles in deciding on the marking of the Day of RS, because only then will this be a holiday that all citizens can accept and celebrate, and which can strengthen ties among citizens of RS, rather than introduce additional divisions - Schmidt said.

High Representative: Decisions of the Constitutional Court of BiH are final and binding https://t.co/8Cynnze0mn

— OHR BiH (@OHR_BiH) January 8, 2025

From the US Embassy, they reminded that the Constitutional Court of BiH has repeatedly ruled on the unconstitutionality of marking the Day of RS - January 9.

"This ruling stands regardless of who participates in the celebration. The issue is not simply commemorating a holiday, but the specific choice of January 9, which coincides with an Orthodox religious holiday and violates several provisions of the BiH Constitution that prohibit discrimination. This decision is based on law, not opinion.

According to Article 3 of the Dayton Constitution, all entities are obliged to fully respect the decisions of BiH institutions, including the binding and final decisions of the Constitutional Court. Non-compliance with these rulings constitutes a criminal offense under the BiH Criminal Code.

The United States expects law enforcement and judicial bodies to take swift and decisive action to investigate any violations of the law related to the celebration of the Day of RS - January 9.

The United States has previously taken strong measures to oppose anti-Dayton activities and remains committed to similar actions to uphold the rule of law," the US Embassy in Sarajevo posted on platform X.

The Constitutional Court of Bosnia and Herzegovina has ruled on multiple occasions that celebrating the Day of Republika Srpska on January 9 is unconstitutional. This ruling stands regardless of who participates in the celebration. The issue is not simply commemorating a holiday,…

— US Embassy Sarajevo (@USEmbassySJJ) January 8, 2025