Schmidt in report: Secession has been prepared since 2023, RS systematically undermining BiH's constitutional order

(Patria) - High Representative in Bosnia and Herzegovina Christian Schmidt warned of what he described as systematic and coordinated attacks by the authorities from the RS entity on the constitutional order of Bosnia and Herzegovina, which represent a direct threat to the peace and stability guaranteed by the Dayton Peace Agreement.

In his report, which Politicki.ba had access to, Schmidt emphasized that these attacks escalated after the BiH Court on February 26 this year, in a non-final verdict, sentenced the President of the RS, Milorad Dodik, to one year in prison and a six-year ban from politics for non-compliance with the High Representative's decisions. The reaction of the RS authorities, according to Schmidt, included the adoption of a series of laws that directly undermine state sovereignty and the authority of the judiciary.

Threat to the Dayton Agreement

"The RS is behaving as if it were a sovereign state and is trying to build parallel institutions that oppose the state of Bosnia and Herzegovina," the report states. Schmidt highlights the draft of the new RS constitution, which would define this entity as a "sovereign state" with its own army, judicial system, and control over state property, as particularly concerning.

The draft constitution also envisages the possibility for RS institutions to refuse the implementation of laws adopted at the state level if they assess that they are "not in accordance with the BiH Constitution," thereby effectively suspending the jurisdiction of the Parliamentary Assembly of BiH on the territory of the RS.

Parallel Judicial System and Criminalization of Loyalty to the State

In the report, Schmidt also documented the adoption of laws that challenge the functioning of the BiH Court, the BiH Prosecutor's Office, SIPA, and the High Judicial and Prosecutorial Council on the territory of the RS. In addition, the entity authorities have adopted amendments to the RS Criminal Code, introducing a new criminal offense – non-compliance with the decisions of entity institutions, for which state officials originating from the RS could also be held accountable.

"This is an attack on the autonomy of state officials and an attempt to force them to act on instructions from Banja Luka, which is directly contrary to the BiH Constitution," states the High Representative.

Suspension of Budgetary Financing for SNSD and US

Due to open obstruction of institutions and secession announcements, Schmidt made a decision on April 24 to suspend all budgetary financing for the political parties SNSD and US. In response, the entity authorities adopted a new law on financing political parties on May 21, which attempts to circumvent Schmidt's decision by allowing indirect transfers of funds.

"This represents an attempt to nullify the High Representative's decision through legal loopholes and maneuvers, which is further proof of the non-recognition of international authority," states Schmidt.

Avoiding Arrests and Security Threats

The High Representative particularly emphasized that cooperation between entity and state police has practically ceased. After arrest warrants were issued for Milorad Dodik, RS Prime Minister Radovan Višković, and Speaker of the National Assembly Nenad Stevandić, SIPA's attempts to execute the warrants were blocked by the intervention of the entity police.

"SIPA members were physically prevented from executing legal orders, and police officers protecting the suspects could face criminal charges," warns Schmidt, adding that the suspects used helicopters and false convoys to avoid arrest, while avoiding entry into the Federation of BiH.

Preparations for Possible Secession

In his document, Schmidt states that this is a "long-term and comprehensive strategy of the RS authorities," led by SNSD, aimed at creating political and legal foundations for the possible secession of the entity from BiH.

"These processes represent the most dangerous attack on the constitutional order of BiH since the signing of the Dayton Peace Agreement," warns the High Representative, adding that the international community and domestic institutions are facing a clear challenge to the survival of the constitutional and legal order and peace in BiH.

The High Representative further documented a whole series of legal and political moves by the RS entity authorities, which he states are aimed at establishing a parallel legal system, undermining state institutions, and creating a foundation for the secession of the RS from Bosnia and Herzegovina.

The report specifically focuses on the danger of the collapse of the constitutional order and the Dayton Peace Agreement, warning that this is the most severe institutional crisis since the signing of Dayton in 1995.

Law Against Non-Governmental Organizations: Stifling Civil Society

A special part of the report is dedicated to the Law on the Special Register and Public Transparency of Non-Profit Organizations, which provides for strict control over associations and foundations that receive any funds from abroad. According to this law, non-governmental organizations are obliged to register in a special register, bear the designation "NPO" on all materials, and submit additional reports, while at the same time being prohibited from "political activities" – a term so broadly defined that, as Schmidt states, the work of a large number of organizations is practically criminalized.

"This law imposes unreasonable obstacles to the right to freedom of association and significantly narrows the space for civil society action," states the High Representative.

Meanwhile, the Constitutional Court of BiH declared this law unconstitutional on May 29, 2025, repealing it in its entirety, with the explanation that it is contrary to the Constitution of BiH and the European Convention on Human Rights.

Constitutional Court Overturns Fundamental RS Laws

In addition to the Law on NPOs, the Constitutional Court of BiH, in the same plenary session, repealed a series of other laws and decisions adopted by the National Assembly of the RS, including:

- The Law on Non-Application of BiH Institutions' Decisions and Prohibition of Their Operation,

- Amendments to the RS Criminal Code,

- Laws and decisions on the so-called High Judicial and Prosecutorial Council of the RS, as well as conclusions from the NSRs special session held on February 26.

The Court declared all these acts unconstitutional and repealed them ab initio – from the very beginning – thus losing legal effect on the day of their publication in the Official Gazette of the RS.

Secession Has Been Prepared Since 2023

In the final part of the report, Schmidt warns that the current escalation is not a sudden reaction to the BiH Court's verdict against Milorad Dodik, but the culmination of a long-term plan by the RS authorities. He reminds that the leaders of the ruling coalition in this entity signed a joint declaration in April 2023, committing to implementing a series of steps aimed at preparing for secession.

"Since June 2023, three interconnected processes have dominated:

- Deliberate undermining of BiH institutions,

- Establishment of parallel entity institutions and laws,

- Continuous promotion of the secessionist agenda by key RS political leaders," Schmidt points out.

Attacks on the judiciary and security services.

The report also details attacks on key institutions that protect BiH's constitutional order – the Constitutional Court, the Court and Prosecutor's Office of BiH, SIPA – with the aim of discouraging their actions and preventing the enforcement of laws.

"There is a real threat of confrontation between entity and state police structures," warns the High Representative.

Dayton Under the Most Severe Blow Since 1995

"The RS has taken actions that jeopardize everything achieved since 1995. The actions of the NSRs represent the most serious challenge to the fundamental aspects of the Dayton Peace Agreement," the report concludes.

Schmidt calls on the international community to react to prevent further destabilization of the country and preserve the peace that Dayton has guaranteed for 30 years.