For Bosnia and Herzegovina many analysts will say that is artificial creation. That is why there is a saying for Bosnia: ”Where logic ends, Bosnia begins”. Anyway, the latest Bosniak initiative, has surprised many, because it strikes at the very basis of existence of Bosnia and Herzegovina. Recently, the Party for Democratic Action (SDA), the main Bosniak party in the country, announced that will initiate a legal procedure before the Constitututional Court to challenge the name of Bosnia`s Serb-dominated Republika Srpska.
”The previous practice of the Republika Srpska institutions showed that the entyty`s name was intensively and efficiently used to discriminate against the other two constituent peoples – Bosniaks and Croats, “ the SDA said. “Linking the name to only one people living in the multi-ethnic Bosnia and Herzegovina is contrary to the Constitution and the European Convention on Human Rights.” The strongest Bosniak national party, further said that the Constitutional Court made an earlier decision on the constituency of the people which stipulated that the entities must ensure full equality of all constituent peoples in their legal systems.
Reacting to calls for the Constitutional Court to review the legality of the name of Bosnia’s Serb-dominated Republika Srpska, the leader of ruling Republika Srpska party Alliance of Independent Social Democrats and current Chairman of Bosnia’s Tripartite Presidency, Milorad Dodik, strongly condemned the Party for Democratic Action initiative at a press conference the same day and called upon the SDS (second strongest Serb party) to support a decision on the “independence of the Republika Srpska” if the initiative is submitted to the Constitutional Court.
“Our authentic and original constitutional rights is for us to decide on our status. We will do that,” he said, dismissing earlier statements by the High Representative Valentin Inzko, named by the international community to oversee the civilian implementation of the Dayton Agreement, who said that Republika Srpska can not secede. ”He was put here to conduct repercussions against Republika Srpska. But this is a moment where there will be no calculations,” Dodik said. ”If you wanted to throw us, Republika Srpska, out of Bosnia and Herzegovina, you are doing best job possible. Finish it. I have nothing against it,” Dodik said, referring to the Party for Democratic Action.
This attack on Republika Srpska showed that Serbian politicians are united in its defense. The move drew condemnation from both the ruling Republika Srpska Alliance of Independent Social Democrats (SNSD), and Bosnian Serb opposition parties in the entity, such as the Serb Democratic Party (SDS) and the Party of Democratic Progress (PDP).
In one of the first reactions to the Bosniak Party for Democratic Action announcement, the Republika Srpska National Assembly Speaker Nedeljko Cubrilovic said this was a nothing but a provocation and that it represents an anti-Constitutional act.
”The SDA’s claims are disgusting and laughable at the same time because they are the ones who refuse to implement the Constitutional Court’s decision issued 12 years ago, stipulating that Serbs must be equally represented in the Federation of Bosnia and Herzegovina,” Cubrilovic said. ”Initiating a Constitutional Court discussion on the name of the Republika Srpska would mark the end of the project called Bosnia and Herzegovina,” Cubrilovic noted.
The Office of the High Representative (OHR), top international institution overseesing the peace implementation in the country stated that the initiative to dispute the name of Bosnia’s Republika Srpska entity before the Constitutional Court amid the post-election government formation is “irresponsible and counterproductive.” Bosnia and Herzegovina consists of two entities, the OHR said, and the Peace Implementation Council continuosly expresses its commitment to basic structure of Bosnia and Herzegovina as an integral, sovereign state that consists of the two entities.
The international community’s High Representative was installed to oversee the civilian part of the implementation of the Dayton Peace Agreement, the peace threaty that ended the 1992-1995 Bosnian war. Its Peace Implementation Council (PIC) Steering Board, which is composed of foreign ambassadors in Bosnia, meets twice a year to assess the progress in the process.
The statement of Bakir Izetbegovic, leader of the strongest Bosniak party SDA, who addressed the public saying that he is ready to consider abandoning the initiative to change the name of Republika Srpska, if in the next six months "the SNSD change its behavior", and accept the further path of Bosnia and Herzegovina towards NATO, clearly shows who is standing behind this initiative. Even “Croatian” member of Bosnia and Herzegovina Presidency Željko Komšić - several days before Bakir Izetbegovic- conditioned the appointment of a mandate for the Council of Ministers (which currently belongs to the Serbs) by membership in the NATO. It should be added that this initiative of the Bosniaks comes shortly after the visit of Russian President Vladimir Putin to Serbia, where he met, among other things, with the leadership of Republika Srpska.
An interesting analysis of the events in Bosnia was published on January 13 in National Interest, American bimonthly international affairs magazine, by Sean Maguire and Ryan Scherba, with title: “The Bosnia Boondoggle: This is Why Sarajevo Can’t Join NATO”. In the analysis, among other things, is written: “If the United States is serious about backing NATO membership for Bosnia and Herzegovina, then it has to get serious about the failures of the Dayton Peace Accords and drop its support for them as Bosnia’s governance system. They may have ended Bosnia’s civil war in 1995, but they have become synonymous with stagnation, frustration, despair, poor governance and weak institutions. This not only hinders the joint U.S.-Bosnian aspirations to join NATO, but has stagnated Bosnia overall, enshrining ethnic divisions (and tensions) legally between Bosniaks (Bosnian Muslims), Croats, and Serbs that have left Bosnia divided and ripe for geopolitical goals of Russia. The recent elections in October that delivered a hardline Serb-nationalist who is stridently anti-West and NATO to the Bosnian presidency are evidence of this, while serving as a wake-up call to Washington that it is time to re-engage in Bosnia.” In addition to the National Interest, from Turkey also arrived messages regarding Bosnia and Herzegovina future. During a meeting with Croatian President Kolinda Grabar Kitarovic, the President of Turkey Recep Tayyip Erdogan urged for the revision of the Dayton Agreement. Turkish President and Croatian President apparently agreed that this document, prepared in haste for only three weeks to stop the war, did not create the conditions for finding a stable solution for the future of Bosnia and Herzegovina.
The Steering Board of the Peace Implementation Council (PIC), the international community representatives who oversee the implementation of the agreement that ended Bosnia’s war, said they recognize the concerns regarding discrimination of constituent peoples and citizens across the country as legitimate, but that the name “Republika Srpska” is enshrined in the Constitution. The PIC recalled that the Constitution of Bosnia and Herzegovina recognizes that the country consists of two entites, the Bosniak-Croat shared Federation of Bosnia and Herzegovina and Republika Srpska.
Challenging the name of the Republika Srpska entity before the Constitutional Court would be counterproductive and irresponsible, the Peace Implementation Council Steering Board stated while it also condemned recent rhetoric and actions that question the territorial integrity of Bosnia.
Russia refused to join the statement that foreign diplomats in Bosnia issued in response to the recent initiative to challenge the name of Republia Srpska before Bosnia’s Constitutional Court, the Russian Ambasador confirmed to journalists.
”Russia did not give consent for the PIC’s (Peace Implementation Council) joint statement because it is too general. It is everyone’s yet no one’s fault,” Petr Ivantsov told media after the meeting of ambassadors. The conclusions his colleagues passed has a broad meaning that speaks of mistakes of all political actors in Bosnia, said Russia’s diplomat, adding that the statement does not focus on current problems. According to Mr. Ivantsov, the SDA’s “threat” to dispute the Republika Srpska’s name at the Constitutional Court is “a serious mistake” and is not in line with the 1995 Dayton Peace Agreement.
The Bosniaks would never undertake such a radical move if they did not have the support in the first place of the West, and also Turkey. After undemocratic accession of Montenegro into NATO, and soon Macedonia, NATO directs its attention to Bosnia and Herzegovina. The main opponent of Bosnia and Herzegovina's entry into NATO is Republika Srpska, whose Assembly passed a resolution on military neutrality.
The West makes it clear that it will not give up until all Balkan states become NATO members. The most important land and riparian transportation corridors between Western Europe and the Eastern Mediterranean, and between the Baltic and Aegean Seas, run through Serbia. Because of that, the main goal of the West is Serbia's entry into NATO, which would also leave Russia without a strategic ally in the Balkans. The main obstacle to this is the "second Serbian state in the Balkans", that is Republika Srpska. This is precisely why the Bosniaks are encouraged to strike on the basis of Dayton.
The structure of Constitutional Court of Bosnia and Herzegovina plays a major role in the political life of Bosnia and Herzegovina, and it consists of three foreign judges, two Bosniaks, two Serbs and two Croats, which means in practice and it has been established so far - that three foreign and two Bosniak judges have majority, and they use it. So arbitrarily impose their decisions on all citizens of Bosnia and Herzegovina.
If the initiative to abolish the name of Republika Srpska go to Constitutional Court of Bosnia and Herzegovina, the Serbs must show their determination, which is now announced by the most powerful Serb politician Milorad Dodik. A decision must be made to declare the independence of the Republika Srpska. Such a decision carries a risk of conflict in Bosnia and Herzegovina, however, Republika Srpska has no other choice.