Constitutional Court of RS: Law on the Day of RS did not violate the vital national interest of Bosniaks

The Council for the Protection of Vital National Interest of the Constitutional Court of RS, at today's session, determined that the Law on the Day of the Republic of Srpska, passed by the National Assembly of the Republic of Srpska at its session held on October 25, 2016, did not violate the vital national interest of the Bosniak people, writes Patria.

The Club of Bosniak Delegates in the Council of Peoples of the Republic of Srpska submitted a request to this Council to determine the violation of the vital national interest of the Bosniak people in relation to the aforementioned Law.

The submitter stated in the request, among other things, that the content of the contested Law constitutes a violation of the vital national interest of the Bosniak people, and that it violates human rights and fundamental freedoms guaranteed by the Constitution.

This claim is explained by the fact that the Day of the Republic is marked and celebrated on January 9, which is unacceptable for the Bosniak people, as it violates the rights of Bosniaks, as a constituent people, to be equal and treated equally in terms of promoting culture, tradition, religion, and cultural heritage. Therefore, the Day of the Republic prescribed in this way, as stated in the request of the Club of Bosniak Delegates, does not reflect the identity of the Bosniak people, but only the Serbian people, who are therefore in a privileged position.

The request further points to the Decision of the Constitutional Court of Bosnia and Herzegovina, which found the provision on January 9 as the Day of the Republic unconstitutional, which is why that date is not acceptable as the Day of the Republic of Srpska.

Based on the provisions of the Constitution of the Republic of Srpska, taking into account the statements of the Club of Bosniak Delegates and the National Assembly, the Council decided that the Law on the Day of the Republic of Srpska did not violate the rights within the scope of protection of the vital national interest of the constituent Bosniak people.

The Council assessed that the content of the contested Law does not indicate that it discriminates or subordinates any constituent people in the Republic of Srpska in their right to enjoy the guarantees within the scope of vital national interests defined by the Constitution of the Republic of Srpska. The content of this Law, according to the Council's assessment, does not contain religious or national elements that could lead to the eventual dominance of the constituent Serbian people in promoting culture, tradition, or religion, as claimed by the Club of Bosniak Delegates.

On the contrary, the Law stipulates that the Day of the Republic is marked and celebrated as a secular holiday, which means it has no religious or national dimensions, but treats all citizens equally. Therefore, the Council believes that the submitter's claim that this holiday applies only to the Serbian people is unfounded.

The justification for the violation of vital national interest, according to the Council's assessment, largely presents political stances, and lacks legal argumentation in light of the constitutional guarantees for the protection of vital national interest. Finally, the Council points out that the Council can only assess the request for the protection of vital national interest in relation to the provisions of the Constitution of the Republic of Srpska that define the vital national interests of the constituent peoples, as well as the procedure before this Council for its protection.