Republika Srpska authorities to monitor non-profit organizations across BiH and label them 'foreign agents'

The Government of Republika Srpska has adopted the draft Law on a special register and public accountability of non-profit organizations in RS. According to this draft, the authorities of Republika Srpska would completely ban any political activity of non-profit organizations. Non-governmental organizations funded by foreign money would be particularly targeted. The draft law even envisages a ban on organizations that RS authorities deem to be engaged in "political activities". You can read the complete draft law at this link, and below we will analyze the key provisions, writes Istraga.

“This law,” Article 1 states, “establishes a special Register of non-profit organizations founded in Republika Srpska that are financially or otherwise supported by foreign entities (hereinafter: the Register), political activities and political actions of non-profit organizations that define them as agents of foreign influence, regulates the conditions and manner of ensuring public accountability, and prescribes other matters related to the work of these organizations”.

Non-profit organizations are defined as “associations and foundations, as well as foreign and international non-governmental organizations established and registered in Republika Srpska in accordance with the Law on Associations and Foundations of Republika Srpska, which are financed in whole or in part by other states, their bodies or their authorized representatives, international and foreign organizations, foreign citizens, or registered non-governmental organizations financed from abroad”.

“A foreign entity is defined as a government, an executive body of another state or a foreign political party, an individual who does not have citizenship of Bosnia and Herzegovina and residence in Bosnia and Herzegovina, or a legal entity or group of legal entities organized, registered or founded under the laws of another state or having its seat in another state,” the Law states.

An agent of foreign influence, it is further stated, is “a non-profit organization that is financially or otherwise supported by foreign entities, and which engages in political activities or political actions prescribed by this law, as well as other activities related to political organization and action aimed at endangering democracy, undermining the integrity of Republika Srpska, violating freedoms and rights guaranteed by the Constitution of Republika Srpska, and inciting national, racial, or religious hatred and intolerance.

“Political activity of non-profit organizations includes participation in election campaigns of political parties and candidates, fundraising for political parties and candidates, financing candidates, i.e., political parties, and carrying out political activities to influence public opinion in order to achieve political goals. Political activity means any activity towards the bodies,
institutions or elected representatives of Republika Srpska or representatives of Republika Srpska in the institutions of Bosnia and Herzegovina in terms of policy formulation, political or public interest of Republika Srpska. Non-profit organizations are not allowed to engage in political activities or perform political actions within the meaning of paragraphs 1 and 2 of this article. The statute, operation, and activities of non-profit organizations cannot be contrary to the constitutional order, nor aimed at endangering democracy, undermining the integrity of Republika Srpska, violating freedoms and rights guaranteed by the Constitution of Republika Srpska, and inciting national, racial, or religious hatred and intolerance,” the Law states.

However, the next article of the Law states that “political activity, within the meaning of this law, does not include activities in the fields of science, culture, social and health protection, sports, consumer protection, protection of minority rights and rights of persons with disabilities, environmental protection, anti-corruption, philanthropy, volunteering, and information, as well as activities within the scope of freedoms and rights guaranteed by the Constitution of Republika Srpska.

Furthermore, the Government proposes that “materials of non-profit organizations published through electronic media, information and telecommunication networks, or distributed in any other way must bear the designation of the non-profit organization. The proposed law also stipulates that “a non-profit organization is obliged to submit an application to the Ministry within 15 days of receiving financial resources or other forms of assistance from a foreign entity, on an application form prescribed by the Minister of Justice (hereinafter: the Minister). The applicant is obliged to submit an amendment to the application for all changes in its activities within 30 days from the date of the change.

“Oversight of the legality of the work of a non-profit organization is carried out by the competent inspection authority. Regular inspection oversight of the legality of the work of a non-profit organization is carried out once a year. Exceptionally, an extraordinary inspection oversight of the legality of the work of a non-profit organization is carried out based on complaints from citizens, legal entities, publicly available information, bodies of Republika Srpska, or at the request of the competent committee of the National Assembly of Republika Srpska,” the Law states.

However, what is particularly interesting is that the Government proposes that the RS authorities monitor the work of non-profit organizations throughout BiH, not just within the territory of RS.

“The Ministry monitors the activities of non-profit organizations referred to in Article 2, paragraph 1 of this law, both on the territory of Republika Srpska and in other parts of Bosnia and Herzegovina. In the event that a non-profit organization acts contrary to the Constitution of Republika Srpska and the regulations of Republika Srpska in its activities, acts and carries out activities in the manner prescribed by Article 3 of this law, i.e., as an agent of foreign influence to the detriment of individual and other rights of citizens, or if the Tax Administration of Republika Srpska determines irregularities in financial operations, the Ministry will submit a proposal to the competent court to ban the operation and file charges against responsible persons in accordance with the provisions of the criminal legislation of Republika Srpska,” the Law states.

The Law, if adopted by the NSRS, would enter into force on January 1 of next year.