The international community’s high representative Christian Schmidt said he has used his Bonn powers to annul legislation changes adopted by Bosnia & Herzegovina’s Republika Srpska that reject his authority and that of the state-level constitutional court.

Bosnia comprises two autonomous entities – the Muslim-Croat Federation and Republika Srpska. Each of them has its own institutions and there are also state-level bodies. In June, Republika Srpska’s parliament adopted legislation, according to which it will not recognise acts by the high representative and the state-level constitutional court.

In his decision, Schmidt noted that these laws directly violate the Dayton peace agreement that ended the bloody 1992-1995 Bosnian war.

“Under the Constitution of Bosnia and Herzegovina, the Entities and any subdivisions thereof are obliged to comply fully with the Constitution of Bosnia and Herzegovina and with the state-level legislation. Under Article I.2 of the Constitution, Bosnia and Herzegovina “shall be a democratic state which shall operate under the rule of law,” whereas article VI.5 of the Constitution provides that “decisions of the Constitutional Court shall be final and binding,” and article III.3(b) requires the Entities and any subdivisions thereof to fully comply with the Constitution of Bosnia and Herzegovina and with the decisions of its institutions,” Schmidt noted in remarks regarding his intervention related to Republika Srpska’s law defying the authority of the state-level constitutional court.

He also noted, in a separate decision related to Republika Srpska’s move to stop recognising his acts, that his authority and powers are also defined by the Dayton peace accord.

Schmidt’s decisions were welcomed by the US and the UK, but sparked contradictory reactions among Bosnian politicians.

The embassies of the US and the UK defended Schmidt’s decision as necessary, accusing Republika Srpska’s President Milorad Dodik of deliberately attacking the Dayton peace agreement.

“The United States strongly welcomes the High Representative’s use of his Bonn Powers to defend the Dayton Peace Agreement and protect the BiH Constitutional Court, which is a guardian of the rule of law in Bosnia and Herzegovina,” the US embassy wrote on Twitter.

UK ambassador Julian Reilly wrote on Twitter that the UK welcomes and “fully supports” the high representative's actions to prevent this legislation from entering into force.

“The action taken by Republika Srpska authorities is a clear and blatant attempt to challenge the framework and stability of this country. All politicians and officials should be under no illusion that this behaviour is illegal, anti-constitutional and unacceptable,” he said.

Dodik threatens to hold independence referendum

Republika Srpska condemned Schmidt’s move and Dodik said the entity does not recognise his acts. Dodik also said as quoted by N1 that Republika Srpska could call a referendum by the end of the year to decide on its status.

Dodik, a loyal ally to Russian President Vladimir Putin, has been threatening Republika Srpska’s secession for years. He said he will sign decrees putting into force the two legislation changes when they arrive at his office and threatened that the entity could soon adopt laws on not recognising the authority of the state-level court, police or prosecution on its territory.

“I think Republika Srpska will shortly adopt a law on banning the work of SIPA (state police), the (State) Court and the (State) Prosecutor's Office on the territory of RS, and in terms of that we will explain very easily what we do, that court and prosecutor's office have no legal ground,” Dodik said as quoted by N1.

On the other hand, Elmedin Konakovic, Bosnia's state-level foreign minister and the leader of the Justice and Peace Party (NiP), welcomed Schmidt's decision, saying that Republika Srpska’s acts were an attempt to attack the constitutional order of the country.

Konakovic said that political parties from Republika Srpska still have partners in the state-level institutions. 

However, he added that there was “another scenario”, which could lead Republika Srpska into complete isolation.

The Bosniak SDA party also commented on Schmidt’s move, saying it was much needed but not enough as people responsible for Republika Srpska’s acts should be sanctioned rigorously.

“He [Dodik] had to know that he would be punished for years of insulting and belittling BiH institutions, attempts to destroy them, undermining the constitutional and legal order, provocations, subordinating state interests to the interests of the RS entity,” Nermin Niksic, the Federation’s prime minister, commented. 

Serbia’s President Aleksandar Vucic warned that Schmidt’s move would trigger a serious crisis in the already politically unstable country.

“I think a huge and bad crisis is underway there and I won't speak further about that,” Vucic said.

“I am afraid that the foreigners decided to go very hard,” he added.

Vucic said he has discussed the situation with Dodik and other people he trusts in Republika Srpska who can assess the situation properly.

Dodik reportedly to be removed

While Dodik seems to have just a few international defenders – Russia and Serbia – the international community seems united behind Schmidt and, according to N1’s unnamed sources, has started developing scenarios about Republika Srpska’s future that exclude Dodik from the political scene.

Schmidt’s Bonn powers allow him to ban people who systematically violate the Dayton peace agreement and threaten the country’s stability from participation in politics. Dodik has already been blacklisted by the US and the UK for his secessionist rhetoric and attempts to push the entity towards secession.

According to N1, Schmidt has the full support of the West to remove Dodik from political life and the only thing that could prevent this from happening would be Dodik completely and immediately stopping all secessionist and destabilising activities.

The news outlet also reported that the US, UK, Germany, France and Italy have ruled that Dodik has crossed a red line and that his anti-constitutional actions cannot go unpunished as they threaten peace in the country.

Meanwhile, Dodik seems to have lost support from the main Croat party in Bosnia, HDZ BiH. Its leader Dragan Covic wrote on Twitter that Republika Srpska’s moves were unacceptable and inappropriate and urged the entity to return to the implementation of 14 key reforms needed for the start of EU membership talks.

On the other hand, the EU is still reluctant to sanction Dodik due to internal disagreements, and some politicians in Brussels believe that Schmidt’s acts are moving Bosnia away from membership in the bloc.