Bosnia’s Serb entity adopts draft constitution granting self-determination

SARAJEVO, Bosnia and Herzegovina

Bosnia and Herzegovina’s Serb entity adopted a new draft constitution late Thursday, along with a law on the protection of the constitutional order, granting Republika Srpska (RS) expanded decision-making powers that challenge the country’s state-level authority.

The move by the National Assembly of Republika Srpska follows its approval of a proposal for the new RS constitution, with 50 out of 58 deputies voting in favor, eight opposing, and most opposition representatives absent from the session.

The draft constitution asserts RS’s right to self-determination, permits the establishment of special parallel ties with neighboring states, and allows entry into federal or confederal unions. It also includes provisions for the formation of an RS entity army, commanded by the RS president.

The document also proposes that RS could alter its border with the Federation of Bosnia and Herzegovina (FBiH) through a referendum and would have sole authority to decide on neutrality or participation in military alliances.

Legal and political implications

A key provision in the draft is the elimination of the Council of Peoples, a body meant to protect the rights of Bosnia and Herzegovina’s ethnic groups.

Meanwhile, laws passed at the state level in Bosnia and Herzegovina would only take effect in RS if confirmed by the RS National Assembly.

RS President Milorad Dodik announced that the draft constitution will undergo 15 to 30 days of expert debate and urged the public to participate in discussions.

Tensions with state institutions

The constitutional changes come amid escalating tensions between the RS leadership and Bosnia and Herzegovina’s state institutions.

Last week, the Constitutional Court of Bosnia and Herzegovina temporarily suspended RS laws that prohibit the operation of state security and judicial institutions within the entity.

The Prosecutor’s Office of Bosnia and Herzegovina has since issued arrest warrants for Dodik, RS Prime Minister Radovan Viskovic, and RS National Assembly Speaker Nenad Stevandic on charges of “attacking the constitutional order.”

Dodik was previously sentenced to one year in prison and banned from holding office for six years by the Court of Bosnia and Herzegovina in February, in a non-final verdict for disregarding the decisions of the High Representative in Bosnia and Herzegovina.

The proposed constitutional changes are expected to further heighten political tensions, with Bosniak and pro-Bosnian officials likely to challenge the RS leadership’s latest moves.

Opposition leader’s car set on fire

As political tensions escalate, Nebojsa Vukanovic, leader of the Justice and Order List and one of the most vocal opposition figures in the RS National Assembly, said his private car was set on fire outside his family home in Trebinje.

Vukanovic, a fierce critic of the RS government and President Dodik, claimed the incident had a political motive and aimed to intimidate opposition voices.

Authorities have launched an investigation into the suspected arson attack, while opposition parties and civil rights organizations have strongly condemned the act, calling for greater protection of political opponents in RS.

Dodik distances government from attack

Dodik distanced the government from the attack, saying Republika Srpska had “no interest in such incidents, especially at a time when we are facing serious challenges.”

“While we defend democracy and the constitutional order from the illegal actions of Christian Schmidt and attempts to impose our will from Sarajevo, any attempt to destabilize Republika Srpska only serves the interests of those who want to weaken our people and our institutions,” Dodik said.