European Forum

Bosnian Serb Parliament adopts controversial referendum law

Yesterday late (10 February) the Parliament of Bosnia's Serb dominated entity, Republika Srpska, adopted a controversial law that will make it easier to hold referendums on divisive issues such as the legitimacy of the Dayton peace accords that ended the 1992-95 war. The law has been described by the international community as provocative and potentially unconstitutional. Although the law only regulates technical issues, such as the manner in which a referendum can be called and voting procedures, it immediately provoked strong reactions from Bosniak (Bosnian Muslim) leaders, who said it was setting the ground for Republika Srpska’s secession from Bosnia and Herzegovina (BiH).

Although any referendums held only in the Serbian part of the country would not be legally binding for the Bosnian government, their outcomes could be politically and socially explosive. The first referendum on the table will measure public support for the Dayton peace accords and for the work of the international community’s High Representative to Bosnia, currently Austrian diplomat Valentin Inzko. Inzko, who has the power to impose laws and fire officials in Bosnia, has said that a referendum questioning elements of the Dayton accords would violate the constitution and the peace agreement itself.

RS Prime Minister, Milorad Dodik, repeated a day earlier in Parliament that the Law on Referendum was not the first step toward the secession of the Serb entity in BiH, that the proposed law was a reflection of RS' constitutional right to arrange that area, and that it was not contrary to the Dayton Peace Accords. Earlier, however, he threatened to hold a referendum on RS’ secession from BiH.  

Bosniaks fear for break-up of Bosnia
The debate in Parliament grew heated on Tuesday (9 February) with opposition parties insisting the measure should include provisions for mandatory referendums in specific cases, such as joining military pacts and amending the constitution. Bosniak lawmakers said the bill is an "anti-Dayton" act and walked out of Parliament refusing to participate in the two-day discussion on the law. The next day, however, they returned to the Parliament. “While a referendum in Republika Srpska would be legally irrelevant, its real goal would be to train people for plebiscite…and to wait for the situation when it will be possible to ask the truly intended question,” the Bosniak member of the country’s central presidency, Haris Silajdzic, told journalists later. Silajdzic added that the true intention behind the adoption of the law was “to break Bosnia apart”.

The U.S.’ Embassy in Sarajevo warned against challenging Dayton Peace Accord structures, including the powers of high representatives. Washington, it said, would consider any referendum that endangers stability, sovereignty or the territorial integrity of BiH as provocative

Referendum violates Dayton accords
Bosnian Serbs first announced plans to hold a referendum in December, 2009, following the decision by the international peace envoy Inzko, to extend the mandate of international judges working on war crimes cases at Bosnia’s state court. The Bosnian Serb government rejected Inzko’s decision and said it would call for a referendum to allow the citizens of RS to decide on the issue. Under the Dayton peace agreement, Bosnia was divided into two highly autonomous entities – the Serb-dominated Republika Srpska and Croat-Bosniak federation. Each entity has its own government, parliament and presidency, but the two are linked by weak central institutions.

The post of the high representative was also created under the Dayton peace agreement and was later given the authority to impose legislation and dismiss local officials who it determines are obstructing the implementation of the peace agreement. However, Bosnian Serbs have recently stepped up their opposition to the high representative’s continued presence in BiH, accusing Inzko of abusing his powers and refusing to accept his authority. Inzko and the Peace Implementation Council have warned the Bosnian Serb leaders that they would set Republika Srpska “on the dangerous path of legal uncertainty” if they organised a referendum.

Sources: Balkan Insight; SE Times; B92; RFE/RL