European Forum

High Representative in Bosnia annuls controversial parliamentary resolution of Republika Srpska

On 20 June the High Representative in Bosnia, Valentin Inzko, announced that he had annulled the conclusions previously adopted by Republika Srpska's (RS) parliament, obliging the entity's institutions and officials to oppose any future transfer from the entity to Bosnia and Herzegovina (BiH). In a statement published on the Office of the High Representative's (OHR) website, Inzko said the resolution violates both the Dayton Peace Agreement and BiH's constitution, as it undermines BiH's exclusive competencies. Inzko's move came after he met RS Prime Minister Milorad Dodik and Parliament Speaker Igor Radojicic to discuss the controversial resolution.

The conclusions on “Summary on Effects of Transfer of Constitutional Competencies from the Republika Srpska to the Institutions of BiH” were adopted on May 14 by the Republika Srpska National Assembly (RSNA), and entered into force on 16 June. Implementation of the conclusions would undermine the division of competencies between the State and the Entities, seek to give the RSNA veto rights in state level matters, undermine final and binding decisions of the BiH Constitutional Court -a Dayton institution- and determine that the HR’s powers are unconstitutional. As a result, the High Representative decided to use his powers and put the RSNA conclusions out of force.

By annulling the RSNA Conclusions and legally restoring the situation to that of 13 May, i.e before the adoption of the conclusions, Inzko has created legal clarity and an atmosphere for a constructive dialogue between representatives of all peoples. This could include the possibility for domestic institutions, including the Constitutional Court, to be consulted on these issues. “At the same time, I am giving the political leaders in BiH an opportunity to focus on the priorities of this country’s European future and to complete the objectives set by the Peace Implementation Council. A situation that benefits everyone, cannot be achieved through exclusive demands and zero-sum game where someone always has to loose. BiH needs to keep up with the rest of the region. The EU remains committed to BiH and its European perspective,” concluded Inzko. EU foreign policy chief Javier Solana voiced his "complete support" for the high representatives' move.

Dodik condemned Inzko's decision, by stating last Sunday that "the annulment is designed to suspend basic human and democratic freedoms". The RS government also expressed its strongest condemnation of the use of the so-called Bonn powers - which make it possible for the High Representatives to sack officials who were obstructing the peace implementation process- at the disposal of the high representative. He also repeated its previous position that the RS parliament's conclusions were neither anti-constitutional nor anti-Dayton peace agreement.

Regarding Annex 10 of the General Framework Agreement for Peace in BiH -which stipulates that the High Representative is the final authority regarding the interpretation of civilian aspects of implementation of the Peace Agreement and that in case of dispute he can make binding decisions as he judges necessary - Dodik said that “although the RS signed the document, we did not allow the OHR to have the right to impose laws. According to that, every imposed law of the High Representative is illegitimate”. Dodik will now consult with RS President Rajko Kuzmanović and Parliament Speaker Radojičić, to ask for an urgent meeting of the leaders of all RS political parties in order to discuss the current situation.


Sources: Office of the High Representative in Bosnia; B92; SETimes