(Patria) - A Decision has been published suspending all budget fund disbursements for the financing of political parties for the Alliance of Independent Social Democrats (SNSD) and United Srpska.
"Acting under the authority vested in the High Representative by Article V of Annex 10 (Agreement on Civilian Implementation of the Peace Agreement) to the General Framework Agreement for Peace in Bosnia and Herzegovina (hereinafter: General Framework Agreement for Peace), according to which the High Representative is the final authority in Bosnia and Herzegovina for the interpretation of the said Agreement on Civilian Implementation of the Peace Agreement, and Article II 1. (d) of the aforementioned Agreement, which requires the High Representative to 'facilitate the resolution of any difficulties that arise in connection with the civilian implementation of the General Framework Agreement for Peace in Bosnia and Herzegovina, when the High Representative deems it necessary";
Recalling paragraph XI.2 of the Conclusions of the Peace Implementation Conference held in Bonn on 9 and 10 December 1997, in which the Peace Implementation Council welcomed the intention of the High Representative to use his final authority in Bosnia and Herzegovina with respect to the interpretation of the Agreement on Civilian Implementation of the Peace Agreement, to help reach solutions to problems in accordance with the above, "by adopting binding decisions, when he deems it necessary", on certain issues, including (under point (c) of paragraph XI.2) "measures to ensure the implementation of the Peace Agreement throughout Bosnia and Herzegovina and its entities";
Also recalling that the United Nations Security Council has repeatedly confirmed in its resolutions adopted under Chapter VII of the UN Charter that the role of the High Representative as the final authority in Bosnia and Herzegovina for the implementation of Annex 10 of the Dayton Peace Agreement includes "the authority to make binding decisions when he deems it necessary on issues considered by the Peace Implementation Council in Bonn on 9 and 10 December 1997";
Having regard to the latest communiqué of the Steering Board of the Peace Implementation Council, in which the Steering Board most strongly condemns the flagrant attacks by the ruling coalition in Republika Srpska on the General Framework Agreement for Peace and the constitutional and legal order of Bosnia and Herzegovina, including continuous secessionist activities, also stating that any actions that call into question the sovereignty, territorial integrity and political independence of Bosnia and Herzegovina or undermine the functionality of its institutions must be promptly suppressed through the constitutional and legal framework, reiterating that the international community retains all necessary instruments to ensure compliance with the General Framework Agreement for Peace and reaffirming its full support for the High Representative in ensuring full compliance with the General Framework Agreement for Peace and the implementation of his mandate in accordance with Annex 10 and relevant UN Security Council resolutions;
Recalling the direct threats to the General Framework Agreement for Peace arising from the joint statement of the leaders of the ruling coalition of Republika Srpska signed on 24 April 2023, by which they committed to implementing a series of measures to create preconditions for the future secession of Republika Srpska;
Also recalling that such a stance led to the adoption of laws by the National Assembly of Republika Srpska that constituted a threat to the constitutional order of Bosnia and Herzegovina and Republika Srpska's obligations under Annex 10 of the General Framework Agreement for Peace, which constitutes a serious violation of the General Framework Agreement for Peace and a threat to peace and stability in the country and the region, and that the aforementioned prompted the High Representative to take appropriate measures on 1 July 2023 to prevent these laws from entering into force and to enact amendments to the Criminal Code of Bosnia and Herzegovina expanding the definition of the criminal offense of attack on the constitutional order, expanding the definition of non-enforcement of decisions of the Constitutional Court of Bosnia and Herzegovina, and adding the criminal offense of non-enforcement of decisions of the High Representative;
Also recalling that the continuation of the policy of the ruling coalition of Republika Srpska led, among other things, to the adoption of a series of Conclusions by the National Assembly of Republika Srpska on 24 and 25 December 2024, which attack the sovereignty of Bosnia and Herzegovina and its constitutional order, question the existence of its key judicial institutions such as the Constitutional Court of Bosnia and Herzegovina, the Court of Bosnia and Herzegovina, the Prosecutor's Office of Bosnia and Herzegovina, as well as the High Judicial and Prosecutorial Council of Bosnia and Herzegovina, and require representatives of Republika Srpska and officials at the state level from among the Serb constituent people to undertake activities aimed at implementing the policies contained in these conclusions, thereby seriously jeopardizing the implementation of the civilian part of the General Framework Agreement for Peace, including the functionality of the institutions of Bosnia and Herzegovina, leading the High Representative to issue an Order of 2 January 2025 declaring that these Conclusions violate Republika Srpska's obligations and responsibilities under Annex 4 and Annex 10 of the General Framework Agreement for Peace and prohibiting the implementation of the said Conclusions;
Considering that the Court of Bosnia and Herzegovina rendered a verdict on 26 February 2025 in the case of Milorad Dodik and others, under immense pressure on the Court of Bosnia and Herzegovina, whereby officials of the ruling coalition of political parties of Republika Srpska, primarily SNSD and United Srpska, continuously questioned the constitutionality of the establishment and existence of the Court of Bosnia and Herzegovina as well as its jurisdiction, despite the final and binding decisions of the Constitutional Court of Bosnia and Herzegovina;
Seriously concerned by the latest activities carried out by the ruling coalition in Republika Srpska, led by SNSD and United Srpska, against the sovereignty and constitutional order of Bosnia and Herzegovina, which led to the adoption by the National Assembly of Republika Srpska of "Conclusions regarding the Information on the Subversion of the Constitution of Bosnia and Herzegovina – Measures and Tasks for the Preservation of the Constitution of Bosnia and Herzegovina" and "Decision on Measures and Tasks Arising from Unconstitutional Decisions and Actions of Unconstitutional Institutions of BiH" on 26 February, and the adoption of the Law on Non-Application of Laws and Prohibition of Activities of Unconstitutional Institutions of BiH, the Law on Amendments to the Criminal Code of Republika Srpska, the Law on the High Judicial and Prosecutorial Council of Republika Srpska, and the Law on the Special Register and Public Disclosure of Non-Profit Organizations on 27 February;
Considering that on 7 March 2025, the Constitutional Court of Bosnia and Herzegovina issued decisions on interim measures suspending the aforementioned acts and laws, as well as all acts adopted in their implementation, and prohibiting all authorities within Republika Srpska and officials or responsible persons from Republika Srpska holding office in the institutions of Bosnia and Herzegovina from taking any action based on these laws and acts;
Noting that, by disregarding the prohibition of the Constitutional Court of Bosnia and Herzegovina to take any action based on the previously mentioned acts, according to the decisions on interim measures adopted by the Constitutional Court of Bosnia and Herzegovina, the National Assembly of Republika Srpska, at its special session on 14 March 2025, adopted the draft Law on the Protection of the Constitutional Order of Republika Srpska with the aim of establishing institutions for the protection of the constitutional order of Republika Srpska, including the so-called Special Prosecutor's Office and Special Court, which has already affected the unimpeded functioning of certain institutions of Bosnia and Herzegovina;
Expressing regret that the ruling coalition in Republika Srpska continues to disregard the decisions of the Constitutional Court of Bosnia and Herzegovina on interim measures against the laws of Republika Srpska, attempting to establish new institutions of Republika Srpska in contravention of the constitutional order of Bosnia and Herzegovina;
Noting that on 13 March 2025, the National Assembly of Republika Srpska adopted the draft Constitution of Republika Srpska, with the aim of further implementing the secessionist policy of the ruling coalition of Republika Srpska, directly violating the General Framework Agreement for Peace;
Also noting that on 21 March 2025, the "Official Gazette of Republika Srpska" published the "Rulebook on the Procedure for Nominating and Electing the First Members of the High Judicial and Prosecutorial Council of Republika Srpska", which specifies that the Rulebook is adopted based on the Law on the High Judicial and Prosecutorial Council of Republika Srpska, the application of which was suspended by the Decision on Interim Measure of the Constitutional Court of Bosnia and Herzegovina, no. U-8/25 of 7 March 2025, and the Constitutional Court of Bosnia and Herzegovina prohibited any action based on that law;
Also noting that on 28 March 2025, the Minister of Justice of Republika Srpska sent a letter to courts and prosecutor's offices in Republika Srpska to remind them of the Conclusions of the Government of Republika Srpska of 17 and 25 March 2025, threatening criminal prosecution, withdrawal of budget support and termination of employment, as well as the possible abolition of judicial institutions, if judicial officials in Republika Srpska act in accordance with the decisions of the Constitutional Court of Bosnia and Herzegovina and do not apply the laws adopted by Republika Srpska ultra vires and which the Constitutional Court of Bosnia and Herzegovina has deemed prima facie unconstitutional, thereby inciting judges and prosecutors to commit the criminal offense of non-enforcement of decisions of the Constitutional Court of Bosnia and Herzegovina or attack on the constitutional order of Bosnia and Herzegovina;
Considering that on 2 April 2025, the Constitutional Court of Bosnia and Herzegovina issued a Decision on Non-Implementation of the aforementioned Decision on Interim Measure no. U-8/25 of 7 March 2025, which, among other things, determined that the Rulebook adopted by the Minister of Justice of Republika Srpska based on the suspended Law on the High Judicial and Prosecutorial Council of Republika Srpska has no legal effect and cannot have legal validity, and that consequently it is null and void, also concluding that the actions of the Minister of Justice of Republika Srpska, Miloš Bukejlović, constitute non-compliance and action contrary to the prohibition from the final and binding decision of the Constitutional Court of Bosnia and Herzegovina no. U-8/25, which consequently may entail criminal liability of responsible persons;
Given that it is already widely known that the Prosecutor's Office of Bosnia and Herzegovina is conducting an investigation against the leadership of SNSD and United Srpska on suspicion of committing a criminal offense, and that the Court of Bosnia and Herzegovina has already ordered detention for the suspects in these circumstances;
Also considering that the suspects were duly summoned to appear before the competent judicial institutions, but did not respond to the summons, while publicly calling for non-compliance with the laws and judicial institutions of Bosnia and Herzegovina, and that subsequently orders for their apprehension were issued and detention was ordered, culminating in the issuance of arrest warrants for the suspects;
Convinced that the actions as described above are primarily instigated by the Alliance of Independent Social Democrats (SNSD) and United Srpska, and that such actions seriously jeopardize the functioning of the state of Bosnia and Herzegovina and the rule of law, and that they are contrary to the Constitution of Bosnia and Herzegovina, specifically Article III/3.b), which stipulates the following: "Entities and all their administrative units shall fully comply with this Constitution (...) as well as with decisions of the institutions of Bosnia and Herzegovina", thereby jeopardizing the implementation of the civilian aspects of the General Framework Agreement for Peace within the meaning of the relevant provisions of the Law on Banks of Republika Srpska and the Law on Banks of the Federation of Bosnia and Herzegovina, which prohibit banks from acquiring, converting or transferring, or mediating in the acquisition, conversion or transfer of money or other assets, which are known or could reasonably be presumed to be used by individuals or legal entities or bodies that obstruct or threaten to obstruct or pose a significant risk of active obstruction of the peace process, in accordance with the regulations governing the introduction and application of certain temporary measures for the effective implementation of international restrictive measures;
Specifically highlighting the statements signed by the political entities Alliance of Independent Social Democrats and United Srpska, by which they unequivocally commit to adhering to the General Framework Agreement for Peace in Bosnia and Herzegovina within the scope of their activities, as a condition for certification to participate in the General Elections 2022 and Local Elections 2024, in accordance with Article 1.13 of the Election Law of Bosnia and Herzegovina, and noting that the continued application of laws adopted by Republika Srpska acting beyond its legal competencies and authorities, and which the Constitutional Court of Bosnia and Herzegovina has deemed prima facie unconstitutional, is not in accordance with the said statements;
Emphasizing that the secessionist agenda of Republika Srpska, along with persistent attacks on the General Framework Agreement for Peace, including the Constitution of Bosnia and Herzegovina and key institutions of Bosnia and Herzegovina, stems from the long-term destructive actions of SNSD, carried out by the ruling coalition of Republika Srpska, led by SNSD and United Srpska, through the legislative and executive bodies of Republika Srpska;
Welcoming the efforts undertaken so far by the authorities of Bosnia and Herzegovina within their competencies to legally challenge the acts and activities of the authorities of Republika Srpska using available domestic legal instruments, and at the same time expressing regret over the persistent and aggressive implementation of policies initiated by the Alliance of Independent Social Democrats (SNSD) and United Srpska, which continue to be implemented despite the final and binding decisions of the Constitutional Court of Bosnia and Herzegovina;
Further expressing regret over the actions of the authorities of Republika Srpska, including threats of force, aimed at preventing and hindering the authorities of Bosnia and Herzegovina from effectively exercising their competencies and enforcing their decisions throughout Bosnia and Herzegovina, which led the High Representative to take measures necessary to ensure the implementation of the Peace Agreement throughout Bosnia and Herzegovina and its entities, in order to ensure compliance with the civilian part of the General Framework Agreement for Peace;
Aware that certain members of SNSD and United Srpska, as well as other parties forming the ruling coalition in Republika Srpska, may not fully support policies based on complete disregard for the fundamental principles of the Dayton Peace Agreement, which has been taken into account based on evidence;
Considering that the territorial integrity and sovereignty of Bosnia and Herzegovina must be respected, and that the decisions of the institutions of Bosnia and Herzegovina must be implemented in accordance with Article III/3.b) of the Constitution of Bosnia and Herzegovina, and that obvious violations of these principles must lead responsible politicians to publicly distance themselves from such violations in order to be excluded from any form of sanctions;
While respecting the right to freedom of political conviction and opinion, regardless of type or content, as well as the right to express and promote political views, and the right to strive for the achievement of political goals through democratic means, such right cannot be the basis for unilateral acts and activities that are contrary to the General Framework Agreement for Peace, that jeopardize the constitutional and legal order of Bosnia and Herzegovina, and that do not respect the decisions of the competent courts of Bosnia and Herzegovina;
Taking into account and having regard to all of the foregoing, the High Representative hereby issues the following decision:
DECISION
suspending all budget fund disbursements for the financing of political parties for the Alliance of Independent Social Democrats (SNSD) and United Srpska
Article 1.
All disbursements of budget funds for the financing of political parties SNSD and United Srpska in the Parliamentary Assembly of Bosnia and Herzegovina, the Parliament of the Federation of Bosnia and Herzegovina, the National Assembly of Republika Srpska, cantonal assemblies, city and municipal assemblies/councils, and the Assembly of Brčko District of Bosnia and Herzegovina are suspended immediately.
All funds whose disbursement is suspended shall be transferred to a special account to be opened at the Central Bank of Bosnia and Herzegovina.
The suspension of budget fund disbursements for the financing of political parties provided for in paragraphs (1) and (2) of this Article shall be lifted based on or following a positive assessment by the High Representative of compliance with the General Framework Agreement for Peace in Bosnia and Herzegovina, or an assessment of any other relevant circumstances that the High Representative deems justified.
The amounts of suspended funds allocated at all levels of government for the financing of political parties for the relevant year shall not be considered an outstanding financial obligation to SNSD and United Srpska.
Following the lifting of the suspension as provided for in paragraph (3) of this Article, the High Representative shall issue a decision on the allocation of funds accumulated in the special account.
Article 2.
The person responsible for the execution of the budget at all levels provided for in Article 1, paragraph (1) of this Decision (hereinafter: responsible person) is hereby ordered to execute the suspension and transfer of funds intended for the financing of political parties as provided for in Article 1 of this Decision and to report on the implementation of this Decision to the Office of the High Representative on a monthly basis, no later than the 15th day of each month, as well as to the Supervisor for Brčko District of Bosnia and Herzegovina for the level of Brčko District of Bosnia and Herzegovina.
The report referred to in paragraph (1) of this Article shall, as a minimum, contain the exact due date of payment and the exact amount of funds whose payment has been suspended and transferred to the Central Bank of Bosnia and Herzegovina in accordance with this Decision.
The first report after this Decision enters into force shall be submitted without delay, no later than the end of working hours on the day following the entry into force of this Decision, and shall contain the exact amount of funds for the financing of political parties paid to SNSD and United Srpska in 2025 to date, as well as the exact amount and due date of the next payment subject to this Decision.
The responsible person shall be held accountable for the execution of this Decision as it stands.
Article 3.
All banks and all their branches under the jurisdiction of the Banking Agency of Republika Srpska or the Banking Agency of the Federation of Bosnia and Herzegovina, in which accounts owned by and/or in the name of SNSD and United Srpska are opened and maintained, including regional, local, and/or municipal organizations of SNSD and United Srpska, are obliged to transfer to the Central Bank of Bosnia and Herzegovina all amounts disbursed from budgets at any level of government immediately upon disbursement, and to report this to the Office of the High Representative, as well as to the Supervisor for Brčko District of Bosnia and Herzegovina for the level of Brčko District of Bosnia and Herzegovina.
Banks shall consider this Decision as a measure directed against obstructions in the implementation of the General Framework Agreement for Peace in Bosnia and Herzegovina, and any failure to comply with this Decision by a bank director or any individual acting on behalf of that bank or any employee of the bank may lead to sanctions against both the bank and the individual deemed responsible for such non-compliance in the relevant bank.
Article 4.
This Decision shall take precedence over any inconsistent provisions of any law, regulation, or act, whether existing or future. This Decision is directly applicable and no further action is required to ensure its legal effect.
Article 5.
To remove any doubt, it is hereby expressly stated and stipulated that the High Representative has determined each provision contained in this Decision in accordance with his international mandate and therefore they cannot be subject to review by the courts of Bosnia and Herzegovina, nor the courts of its entities, nor any other body, and that no proceedings may be initiated before any court at any time in relation to obligations fulfilled in accordance with these provisions.
Article 6.
The High Representative reserves the right to amend or supplement this Decision or to take other measures he deems necessary to ensure the implementation of this Decision.
Article 7.
This Decision shall enter into force immediately upon publication on the official website of the Office of the High Representative.
This Decision shall be published immediately in the "Official Gazette of Bosnia and Herzegovina", "Official Gazette of the Federation of Bosnia and Herzegovina", "Official Gazette of Republika Srpska", official gazettes of all cantons, and in the "Official Gazette of Brčko District of Bosnia and Herzegovina."
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