Peace Implementation Council: Referendum is a violation of the Dayton Agreement

Ambassadors of the Peace Implementation Council (PIC) Steering Board unequivocally state that the announced referendum in Republika Srpska on the powers of the High Representative and BiH judiciary would represent a fundamental violation of the General Framework Agreement for Peace, the OHR announced, reports the Patria News Agency.

-Issues concerning state judicial institutions fall under the constitutional jurisdiction of the state and do not fall under the constitutional jurisdiction of the entities, while the status and powers of the High Representative are issues arising from the General Framework Agreement for Peace and international law, and they also do not fall within the scope of RS jurisdiction. The National Assembly of Republika Srpska (NSRS) cannot adopt legal acts on these issues, by referendum or in any other way.

The announced referendum represents a direct violation of Annex 4 and Annex 10 of the General Framework Agreement for Peace. Furthermore, the constitutional framework of RS and the Law on Referendum and Citizens' Initiative of RS stipulate that the NSRS can hold a referendum only on issues that fall within its jurisdiction.

Ambassadors of the PIC Steering Board remind all bodies in Bosnia and Herzegovina that their obligations under the General Framework Agreement for Peace relate to the Agreement as a whole and all its annexes, and that bodies cannot apply provisions selectively.

Entity authorities should focus on fulfilling their commitments to citizens and the international community regarding the reform agenda, instead of trying to distract citizens' attention by holding a referendum on an issue that does not fall within the jurisdiction of RS institutions. In this context, authorities should concentrate on resolving the real socio-economic problems that ordinary people, especially young people, face daily.

There are legal ways to resolve problems in the state-level judicial system. The right address for such initiatives are the competent state-level institutions.

Ambassadors of the PIC Steering Board once again express their full support for the High Representative and remind the RS authorities of their obligation to fully respect the General Framework Agreement for Peace, all its annexes, and the decisions of the High Representative.

Ambassadors of the PIC Steering Board emphasize that the international community retains the necessary instruments for the implementation of the General Framework Agreement for Peace. The Russian Federation cannot join this statement, the OHR statement reads.