Brussels – The threat has never been more real simply because the path of Bosnia and Herzegovina’s accession to the European Union has never been more concrete. “TThe Republika Srpska National Assembly is discussing the adoption of legislative initiatives that would undermine the constitutional order of the country, the functionality of its institutions and fundamental freedoms,” and not least, “go against Bosnia and Herzegovina’s commitments on its EU path.” This is the warning of European External Action Service (EEAS) spokesman Peter Stano, commenting on the ongoing debate today (April 18) in the parliament of the Serb-majority entity of Bosnia and Herzegovina on five particularly controversial draft laws.
In a very harsh statement, Stano was crystal clear that “any action against” Bosnia and Herzegovina’s principles of sovereignty, territorial integrity, and constitutional order “will lead to serious consequences” from Brussels as a reaction to draft legislation that goes in a direction contrary to the European Council’s decision last March 21 to start EU accession negotiations with Sarajevo. “The EU expects Bosnia and Herzegovina, including the Republika Srpska entity, to make steps forward instead of taking actions that are at odds with its European path” because “dialogue, instead of escalation delivers results.” The EEAS spokesman then appealed “to all leaders” in the Balkan country to “return to the negotiating table for the benefit of the people living in the country and its future in the EU.”
As analysts highlight, the Banja Luka Assembly included on today’s agenda the discussion of several particularly controversial bills, following the adoption of the one on foreign agents and the reintroduction of criminal sanctions for defamation last year. First and foremost is the Election Law, which expands the power of the Election Commission of Republika Srpska to manage elections at the local and entity level, in opposition to both the state election law and the recently adopted changes from the High Representative for Bosnia and Herzegovina, Christian Schmidt. Regarding the referendum law, this is the framework for pursuing unconstitutional claims according to the Constitutional Court in Sarajevo (such as the Republika Srpska Day). The law on immunity provides for non-persecutability in civil and criminal proceedings for the President of the entity, the two vice presidents, members of the government, and all deputies. Instead, amendments to the labor law would allow people sanctioned by the United States (who do not have access to bank accounts) to be paid regularly in cash. Finally, Banja Luka wants to appoint a delegation to participate in the Great Easter Assembly of Republika Srpska and Serbia, which is scheduled between May 5 and 6 – during the Orthodox Easter – to tighten the bond between the Bosnian Serb President, Milorad Dodik, and his Serbian counterpart, Aleksandar Vučić, and the pan-Serb rhetoric.
The Republika Srpska problem for Bosnia in the EU
Since the secessionist project started in October 2021, Dodik’s Republika Srpska has been one of the biggest obstacles to Bosnia and Herzegovina’s path towards the European Union. The goal is to achieve autonomy from the central State in crucial areas such as the army, tax system, and judiciary, more than 20 years after the end of the ethnic war in Bosnia and Herzegovina. The European Parliament has evoked economic sanctions and, after the strong condemnation of the secessionist attempts by the Serb-majority entity in Bosnia (with a bill to establish an autonomous High Judicial Council), Bosnian leaders gathered in Brussels in mid-June 2022 to sign a paper for stability and peace, focused primarily on electoral and constitutional reforms in the Balkan country.
However, concerns have become increasingly real since late March 2023, when the government of the Bosnian Serb entity presented a draft law to establish a registry of foreign-funded associations and foundations. The called law on ‘foreign agents’ is similar to the one adopted by Moscow in December 2022 and was approved in late September by the National Assembly in Banja Luka amid sharp criticism from Brussels. At the same time, the process of adopting amendments to the Criminal Code and reintroducing criminal penalties for defamation also progressed. Following the proposal, also in late March, the law entered into force on August 18 and provides fines of 5,000 to 20,000 Bosnian marks (2,550 to 10,200 euros) if the defamation occurs “through the press, radio, television, or other public media, during a public meeting, or otherwise.” The European External Action Service (EEAS) and the EU delegation in Sarajevo attacked Banja Luka, highlighting that the two laws “have had a frightening effect on freedom of speech in Republika Srpska.”
In addition to the secessionist provocations was the issue of the relationship with Russia after it invaded Ukraine. As early as September 20, 2022, Dodik traveled to Moscow for a bilateral meeting with Putin after provoking Western partners about the illegal annexation of Ukraine regions that Russia occupied. Provocations that continued at the beginning of January 2023 with the award to the Russian autocrat the Order of Republika Srpska (the highest honor of the Serb-majority entity in the Balkan country) – in recognition of “patriotic concern and love” toward Banja Luka’s demands -the National Day of Republika Srpska, an unconstitutional holiday under Bosnian law. As if that were enough, Dodik went on a second trip to Moscow on May 23, while in Brussels, misgivings emerged about the Union’s failure to respond with sanctions. EU sources revealed to Eunews that a framework of restrictive measures has existed for some time now ready to be implemented, but Viktor Orbán’s Hungary does not allow the green light. Any such foreign policy action requires unanimity in the Council.
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