Russia expressed a dissenting opinion: Ambassadors called on RS authorities not to hold a referendum

Ambassadors of the Peace Implementation Council (PIC) member states held a session in Sarajevo today to discuss the referendum on January 9th, the Day of Republika Srpska. A joint statement was agreed upon, which the Patria News Agency transmits in its entirety.

"The Constitution of BiH unequivocally stipulates that the decisions of the Constitutional Court of BiH are final and binding, and that entities are obliged to respect the decisions of BiH institutions.

In this context, the proposed referendum in Republika Srpska, which asks voters in RS to declare themselves on an issue already decided by the Constitutional Court of BiH, is destabilizing and raises political tensions, which constructively distract attention from the very serious economic and social challenges facing BiH. We call on the authorities of Republika Srpska not to hold the referendum.

Although a referendum on entity holidays may fall under the jurisdiction of one entity, any referendum must be conducted in a manner consistent with the Constitution of BiH, and cannot violate the General Framework Agreement for Peace or the constitutional framework of BiH. Ambassadors of the Steering Board of the Peace Implementation Council (PIC) have taken note of the assurances from the Government of RS that the purpose of the referendum is to be a 'step towards implementing the decision of the Constitutional Court of BiH'.

However, the PIC Steering Board also noted that the President of RS and the National Assembly of RS (NSRS)[1] have repeatedly challenged the jurisdiction of state judicial institutions in BiH. Such statements and actions are contrary to the General Framework Agreement for Peace and the rule of law, and are simply unacceptable.

In this context, we emphasize that no referendum can change the fact that the decisions of the Constitutional Court of BiH are final and binding. The decision of the Constitutional Court of BiH remains in full force and must be respected, in accordance with the General Framework Agreement for Peace.

The Political Directors of the Steering Board of the PIC have repeatedly emphasized, including in June 2016 and December 2015, 'that the Constitutional Court of BiH is an integral part of Annex 4 of the General Framework Agreement for Peace, and that it is crucial for its implementation.' The PIC Steering Board has once again affirmed its support for the High Representative as the final authority for interpreting the civilian aspects of the General Framework Agreement for Peace, in accordance with Annex 10 of the Agreement and relevant United Nations Security Council resolutions.

The PIC Steering Board calls on BiH institutions to resolve this issue through established legal procedures and the existing constitutional framework, and through constructive dialogue. In this context, we note that proceedings initiated by representatives of state institutions to assess the constitutionality of the NSRS decision on the referendum are already underway before the Constitutional Court of BiH, as well as a request for review of the Constitutional Court of BiH's decision on the Law on Holidays of RS submitted by the NSRS.

To the best of the PIC Steering Board's knowledge, the President of the Constitutional Court has indicated that a Court session might be held before the referendum.

The PIC Steering Board further calls on all parties in BiH to refrain from hasty measures and divisive rhetoric, which only deepen the negative political atmosphere. In this context, the PIC Steering Board regrets the use of secessionist rhetoric by all sides, and reaffirms its unequivocal commitment to the territorial integrity and fundamental structure of BiH as a single, sovereign state consisting of two entities, without the right to secession. We will not tolerate any violation of the General Framework Agreement for Peace, including, but not limited to, attempts at secession. There will be no redrawing of the map of BiH.

The PIC Steering Board will continue to monitor this issue and further developments.

* The Russian Federation does not join this statement.