Deliberate or accidental error of somebody in RS National Assembly made the results of referendum about January 9 as the RS Day holiday contrary to RS constitution.
In its decision about this issue RS Constitutional court said that RS National Assembly violates the vital national interest of Bosniak nation in RS since the results of referendum were published in RS Official Gazette prior the procedure in R House of Peoples, as a part of the Assembly. Entity Constitution in this case is clear – every issue which passed the procedure in RS National Assembly must be adopted in the same text in the House of Peoples. In this case, the RS NA adopted the results of the referendum on October 11 and they were published in RS Official Gazette just a day later, avoiding the rest of procedure necessary to make this results in accordance with the Constitution. Bosniak representatives in House of Peoples filled the complaint and this issue was sent to RS Constitutional Court for final decision. The Court found that in the procedures vital national interests of constituent Bosniak people were violated.
The referendum was initiated by RS president, Milorad Dodik, as the intention to save this holiday against the decision of BiH Constitutional court that celebration of RS Day is not in accordance with constitutionality of all nations which live in RS. As it was said, it represents the celebration of only one nation which is imposed to other nations to celebrate even they are against it. January 9 is the date when, in 1992, the first Assembly of Serb People in Republic of BiH was established. Bosniaks consider this date the symbol of national divisions in former BiH, which directly led to war.
Sincethe main influence on the Serb people to vote on the referendum came from Dodik and his Alliance of Independent Social Democrats, many in BiH see the RS Constitutional Court decision as another Dodik debacle. The extend of the mistake of the RS National Assembly to avoid the procedure in House of Peoples is depicted in the fact that even the RS Constitutional Court president, Dzerard Selman, former RS Minister of Justice and one of the rare Bosniaks loyal to Dodik and his party wasn’t able to fix the situation.
Chief of Bosniak Caucus in RS House of Peoples, Mujo Hadziomerovic, said to media that he is satisfied with the decision.
“Now when this is confirmed by the Council of the RS Constitutional Court all RSNA decisions in this issue must be annulled”, Hadziomerovic said.
Hde repeated his earlier statement that the RS National Assembly becomes a generator of problems due to non-compliance with the Constitution and the Rules of Procedure of the National Assembly and the Council of Peoples of RS. Therefore, he added, he is pleased that RS Constitutional Court confirmed the complaint of Bosniak Caucus, and demonstrated that it is a corrective factor in the legislative system of the RS.
President of Serb Democratic Party, which is in opposition in RSNA but supported the Parliament decision to hold a referendum, Vukota Govedarica, said that “somebody deliberately” made procedural errors in connection with the results of the referendum in the RS and sent it to be published in the RS Official Gazette. He added that the RS Constitutional Court decision changed the nature of the referendum and turned it into “an ordinary survey which served for the manipulation of citizens before the local elections”.
“Now we have the problem that the mandate to the Commission for the implementation of the referendum is finished and the question is who in RSNA will re-submit the decision on the referendum results”, Govedarica said to the media in Banja Luka./IBNA
Photo (RS National Assembly): Mladen Dragojlovic