The Bosnian Academy of Sciences and Arts “Kulin Ban”, the Association of Generals of Bosnia and Herzegovina and the Association of Veterans of the Patriotic League of Bosnia and Herzegovina have decided to launch an initiative to return and proclaim the Republic of Bosnia and Herzegovina if the National Assembly of entity Rs, because it would represent an illegal usurpation of state competencies and the destruction of the constitutional and legal order of Bosnia and Herzegovina, which would mean the substantial annulment of the Dayton Peace Agreement. The initiative will be open to other organizations as well as to prominent individuals.
The aim of the initiative is to return Bosnia and Herzegovina to its previous state on the basis of the Constitutional Law of 12 December 1995 adopted by the Assembly of the Republic of Bosnia and Herzegovina, which in Article 1, paragraph 2 contains the provision:
“If the International Peace Agreement for Bosnia and Herzegovina and the Constitution of Bosnia and Herzegovina are not implemented, the Republic of Bosnia and Herzegovina may declare the International Peace Agreement for Bosnia and Herzegovina invalid and continue to act as an internationally recognized, sovereign and independent state, in accordance with the Constitution. Of the Republic of Bosnia and Herzegovina. ”
This initiative has a conditional character: the mechanism of returning to the legal status of the Republic of Bosnia and Herzegovina will be launched in case the National Assembly of the Bosnian entity Rs – in November or at any other time – realizes Dodik’s announced intention to “withdraw consent and return competencies are given to the state of Bosnia and Herzegovina ”. Namely, Dodik’s irredentist policy, under the pretext of “returning to the original Dayton”, started the process of breaking up Bosnia and Herzegovina and leaving the Bosnian-Herzegovinian entity Rs in two steps. The first in the form of an independent Bosnian entity Rs within Bosnia and Herzegovina, which, apart from the population, in that view should have nothing of what makes the state a state, ie without territory and effective government, and the second step would be the definitive exit of the Bosnian entity Rs from the state of Bosnia and Herzegovina.
Article 3, paragraph 3 b) of the Constitution of Bosnia and Herzegovina is completely clear:
“The entities and all their lower units will fully abide by the Constitution, which repeals those provisions of the law of Bosnia and Herzegovina and the constitution and laws of the entities that are contrary to the Constitution, as well as the decisions of the institutions of Bosnia and Herzegovina. The general principles of international law are an integral part of the legal order of the system of Bosnia and Herzegovina. ”
This provision clearly indicates that the state of Bosnia and Herzegovina is superior to the entities.
The second provision on the basis of which the transfer of competencies to the state level was contained in the provision of the Constitution of Bosnia and Herzegovina on additional competencies, where Bosnia and Herzegovina, in addition to the ten competencies specified in Article 3, paragraph 1, which falls under the provision on additional competencies contained in Article 3, paragraph. 5. where it says:
“Bosnia and Herzegovina will assume jurisdiction in those matters in which the agreement of the entities is reached; matters provided for in Annexes 5-8 of the General Framework Agreement; or which are necessary for the preservation of the sovereignty, territorial integrity, political independence and international subjectivity of Bosnia and Herzegovina, in accordance with the division of competencies among the institutions of Bosnia and Herzegovina. Additional institutions may be established as necessary to exercise these responsibilities. ”
It is also necessary to recall the position of the High Representative established by Annex X, where Article 5 states that he is the final interpreter when it comes to the civilian implementation of the Dayton Agreement.
Mechanisms for returning to the previous state, ie stating that the decisions of the National Assembly of the Bosnian entity Rs hit the legal order of Bosnia and Herzegovina and annulling the Dayton Agreement, and the adoption of the Declaration on the Proclamation of the Republic of Bosnia and Herzegovina with the 1974 Constitution and all adopted amendments, members initiatives for the return of the Republic of Bosnia and Herzegovina will be specified in the coming period.