Peace Implementation Council warns RS of wrongly interpreting the Constitution

(Patria) - The Ambassadors of the Peace Implementation Council Steering Board (PIC SBA) rejected the adoption of Conclusions of November 11, 2019, by the ruling coalition in the Republika Srpska (RS) entity's National Assembly as based on an erroneous interpretation of the Dayton Peace Agreement (DPA), the PIC SB said Tuesday.

"The interests of Republika Srpska are served not by rolling back essential reforms, but by implementing forward-looking reforms that support and strengthen the security, stability and prosperity of Bosnia and Herzegovina, and reduce BiH’s reliance on international supervision," the PIC SB said.

Following a 15-hour session, the parliament of Bosnia’s Serb-dominated entity adopted 20 conclusions Tuesday, including, activities aimed at abolishing the office of Bosnia’s international administrator and reversing a series of post-war reforms in the country.

The PIC SBA recalled Bosnia was recognized as a sovereign country in 1992 and transformed with the signing of the Dayton Peace Agreement (which ended the 1992-1995 war in Bosnia) into a State consisting of two entities – the RS and the Bosniak-Croat shared Federation. Thus the conclusions adopted Tuesday contradict these facts.

“Bosnia enjoys sovereignty and the Bosnian Constitution does not leave any room for any 'sovereignty' of the entities, which only exist legally by virtue of the Bosnian Constitution. This has been affirmed by the Bosnian Constitutional Court on many occasion," the ambassadors noted

Republika Srpska has no right to secede and operates under the Dayton Peace Agreement which recognizes the territorial integrity, political independence and sovereignty of the country, they added.

The ambassadors also pointed out that Bosnian Constitutional Court's decisions are final and binding, and the RS Parliament does not have the right to select which decisions it chooses to apply.

When it comes to the presence of international judges in the Constitutional Court, they said this is regulated by the country's Constitution and it belongs to Bosnia's Parliamentary Assembly to decide on their presence.

“The RS is obliged by the DPA to comply with decisions of the BiH institutions and to 'provide all necessary assistance to the government of BiH in order to enable it to honor the international obligations of BiH'.”

The PIC SBA added they fully support the state-level institutions which are required for the effective functioning of both entities and calls upon the RS authorities to refrain from undermining them.

It also fully supports the High Representative, who oversees the civilian implementation of the Dayton Agreement, and his mandate, and commends his efforts in implementing the Dayton Peace Agreement.

The statements also said the PIC SBA further lends its support to all agencies that were involved in the implementation of the peace settlement. The international community retains the necessary instruments to uphold the Dayton Peace Agreement.

The Russian Federation disagrees with this statement.