RS parliament adopts landmark declaration

A declaration concerning a basis for talks on potential changes to the Bosnian Constitution was adopted today by the Republic of Srpska assembly in Banja Luka. The declaration drafted by RS Speaker Rajko Kuzmanovic, which contains certain amendments to the draft text, states that any changes to the Constitution have to be based on the Dayton Accords. RS parliament adopts landmark declaration According to the declaration, the RS is a permanent factor in every respect, while other territorial units can be formed within the Bosnian Federation. It adds that “possible changes to the structure of the Bosnian Federation must not have as their consequence any changes to existing constitutional decisions relating to the formation of legislative, executive or judicial organs at Bosnia-Hercegovina level, or relating to basic principles in terms of their composition, decision-making procedures, and the safeguarding of entital and vital national interests at the RS’s expense.“ The declaration also rules out any changes to the country’s name. Initially it was proposed that Bosnia-Hercegovina be renamed the Federal Republic of Bosnia-Hercegovina. According to the document, no new Constitution may be enacted in the current climate, and only alterations and improvements may be rendered to the Dayton Accords, via amendments, based on a consensus between the three constitutive peoples and entities, through political negotiations and constitutional institutions. It also states that constitutional principles should be retained in the following areas: - in entital voting within the Bosnian Parliamentary Assembly’s House of Representatives - in protection of both entities’ and all three constitutive people’s established vital interests The declaration states that in terms of transfer of responsibilities, any transfers from entity to national level may only occur on the basis of an inter-entity agreement and in line with the Constitution. The issue of return of transferred powers in the event of them failing to have the desired effect at national level is also addressed. As far as European and Euro-Atlantic organizations and associations are concerned, it is necessary to form joint delegations and to ensure that the entities can sign agreements on special parallel links with neighboring states independently, and that they can pursue international activities that do not undermine Bosnia-Hercegovina’s territorial integrity. The election of members of the Bosnian Presidency remains as before, with the caveat that three members should be elected to the Presidency, one from the RS and two from the Federation, with no more than one from each constitutive community. The declaration was signed by MPs from the ruling coalition—the SNSDS, the DNS and SP—as well as by the opposition PDP and two independent MPs. Bosniak party MPs voted against the declaration, while SDS and SRS members abstained. The opposition justified their abstention stating that these documents “open the doors to the drawing up of a new Bosnian Constitution,“ and that the declaration fails to mention that the RS is one of Bosnia-Hercegovina’s two entities.

RS parliament adopts landmark declaration

According to the declaration, the RS is a permanent factor in every respect, while other territorial units can be formed within the Bosnian Federation.

It adds that “possible changes to the structure of the Bosnian Federation must not have as their consequence any changes to existing constitutional decisions relating to the formation of legislative, executive or judicial organs at Bosnia-Hercegovina level, or relating to basic principles in terms of their composition, decision-making procedures, and the safeguarding of entital and vital national interests at the RS’s expense.“

The declaration also rules out any changes to the country’s name. Initially it was proposed that Bosnia-Hercegovina be renamed the Federal Republic of Bosnia-Hercegovina.

According to the document, no new Constitution may be enacted in the current climate, and only alterations and improvements may be rendered to the Dayton Accords, via amendments, based on a consensus between the three constitutive peoples and entities, through political negotiations and constitutional institutions.

It also states that constitutional principles should be retained in the following areas:

- in entital voting within the Bosnian Parliamentary Assembly’s House of Representatives

- in protection of both entities’ and all three constitutive people’s established vital interests

The declaration states that in terms of transfer of responsibilities, any transfers from entity to national level may only occur on the basis of an inter-entity agreement and in line with the Constitution.

The issue of return of transferred powers in the event of them failing to have the desired effect at national level is also addressed.

As far as European and Euro-Atlantic organizations and associations are concerned, it is necessary to form joint delegations and to ensure that the entities can sign agreements on special parallel links with neighboring states independently, and that they can pursue international activities that do not undermine Bosnia-Hercegovina’s territorial integrity.

The election of members of the Bosnian Presidency remains as before, with the caveat that three members should be elected to the Presidency, one from the RS and two from the Federation, with no more than one from each constitutive community.

The declaration was signed by MPs from the ruling coalition—the SNSDS, the DNS and SP—as well as by the opposition PDP and two independent MPs.

Bosniak party MPs voted against the declaration, while SDS and SRS members abstained.

The opposition justified their abstention stating that these documents “open the doors to the drawing up of a new Bosnian Constitution,“ and that the declaration fails to mention that the RS is one of Bosnia-Hercegovina’s two entities.