News in English     | 09.01.2020. 12:50 |

Trnka: Marking the ‘Day of RS’ means disrespect for the rule of law

FENA Hana Imamović

SARAJEVO, January 9 (FENA) - Celebrating January 9, as the “Day of Republika Srpska” which has been declared unconstitutional, is an act against the Constitution of Bosnia and Herzegovina, and it actually means disrespect for the rule of law, stressed today Constitutional Law professor Kasim Trnka in an interview with FENA.

Although the Constitutional Court of Bosnia and Herzegovina challenged January 9 as "Day of RS" at the end of March last year, officials from that entity are still organizing ceremonies in Banja Luka today, which will include a parade of more than 2,400 participants.

Trnka once again underlined why the Constitutional Court of BiH decided so and what were the factual events that could be considered to be an unconstitutional process, beginning in the fall of 1991 when the Serb Democratic Party (SDS) and the Serb Radical Party (SRS) began conducting their violent actions throughout Bosnia and Herzegovina.

“In the municipalities in which they had a majority, they began taking over the authorities and violating the constitutional order by taking over effective local authorities for themselves, with the aim of later forming the so-called “Serb autonomous regions and counties,” explains Trnka.

Such actions culminated on January 9, 1992, when SDS and SRS deputies made an unconstitutional decision to form the so-called "Serb Republic of Bosnia and Herzegovina".

“In addition to being unconstitutional, it was an illegal and illegitimate institution composed exclusively of representatives of Serb ethnicity and these two political parties. The interests of Bosniaks, Croats and other nations and minorities, as well as members of other political options, were completely ignored,” underlines Trnka.

That is precisely the reason, he notes, that the Constitutional Court of BiH ruled that such a procedure was unconstitutional, illegal and illegitimate, representing a violation of the principle of national equality on which the entire constitutional structure of BiH is based.

The decision to call a referendum on the independence of Bosnia and Herzegovina was made in January 1992, while the Serb representatives insisted that BiH remains part of the then Yugoslavia, but BiH citizens decided in a legitimate democratic vote that they wanted an independent and sovereign Bosnia and Herzegovina.

“Instead of the 'Serb Republic of BiH', ‘Republika Srpska’ was proclaimed, which showed tendencies to overthrow the constitutional order of BiH, that is, to continue to consider BiH as part of Yugoslavia and later on, part of Serbia,” explains Trnka.

Professor Kasim Trnka also referred to the statements by top BiH officials such as a statement by the BiH Presidency member Milorad Dodik and the Council of Ministers Chairman Zoran Tegeltija on the glorification of that date, attributing it to euphoria that can be tied to the national sentiment of the Serb people claiming that the "Republika Srpska ensures their equality within BiH".

However, Trnka stresses that the opposite is true because equality in BiH is ensured by the BiH Constitution, not by its violation.

We noticed that today's ceremonies are also attended by Russian Ambassador Petr Ivantsov, Patriarch of the Serbian Orthodox Church Irinej and Prime Minister of the Republic of Serbia Ana Brnabić,  which shows who are those people and institutions that actually support such unconstitutional actions.

“The rest of the international and domestic public condemns such actions, and it would be, to say the least fair, for officials who perform the highest functions in the state government of BiH not to emphasize their adherence to celebrating the dates that have been deemed to be unconstitutional,” Trnka stressed.

He also believes that this is their way to send out messages to their electorate in the entity of Republika Srpska, but at the same time, they send out a message to other BiH citizens that it is difficult to accept them as the highest state officials.

Last year, the Constitutional Court of Bosnia and Herzegovina ruled that January 9 could not be marked as the "Day of Republika Srpska", as the date has been declared as unconstitutional.

(FENA) S. R.

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