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

Bosnia and Herzegovina’s Serb entity, Republika Srpska (RS), adopted a new draft constitution, along with a law on protecting the constitutional order. The legislation expands RS's decision-making powers, challenging the authority of the country’s central government.

The National Assembly of Republika Srpska approved the proposal for a 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 ties with neighboring states, and allows entry into federal or confederal unions. It also includes provisions for forming an RS entity army under the command of the RS president.

Additionally, the document proposes that RS could change its border with the Federation of Bosnia and Herzegovina (FBiH) through a referendum and would have exclusive 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 rising tensions between Republika Srpska (RS) leadership and Bosnia and Herzegovina’s state institutions.

Last week, Bosnia’s Constitutional Court temporarily suspended RS laws that barred state security and judicial institutions from operating within the entity.

In response, the Prosecutor’s Office of Bosnia and Herzegovina issued arrest warrants for RS President Milorad Dodik, RS Prime Minister Radovan Visković, and RS National Assembly Speaker Nenad Stevandić on charges of “attacking the constitutional order.”

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

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

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.

Copied