KARAN: FEDERAL MPs’ INITIATIVE IS ANOTHER BLOW TO SRPSKA AND THE SERB PEOPLE

BANJA LUKA, SEPTEMBER 10 /SRNA/ - The initiative by federal members of the House of Representatives of the Parliamentary Assembly of BiH to suspend the Agreement on Special Parallel Relations between Republika Srpska and Serbia is another form of attack on the Dayton Peace Agreement, the constitutional order of BiH, the full internal and limited external sovereignty of Republika Srpska, and the Serb people, Republika Srpska President Siniša Karan said.

In a statement to SRNA, Karan said that the General Framework Agreement for Peace in BiH, specifically Annex 4, which constitutes the Constitution of BiH, defines the powers and relations between BiH institutions and the entities. He noted that Article III, Paragraph 2 of the BiH Constitution stipulates that the entities have the right to establish special parallel relations with neighboring states, in accordance with the sovereignty and territorial integrity of BiH.

Based on the constitutional authority of the entities to establish special parallel relations with neighboring states, Karan said that Republika Srpska and the Republic of Serbia first concluded an Agreement on the Establishment of Special Parallel Relations in 1997. They subsequently concluded new agreements in 2001 and 2007, which were ratified by the parliamentary bodies of the Republic of Serbia and Republika Srpska and published in the official gazettes.

The Republika Srpska President explained that all agreements on the establishment of special parallel relations between Republika Srpska and the Republic of Serbia share a common reference to the General Framework Agreement for Peace in BiH and its annexes as the basis for the lasting coexistence of peoples and citizens in Republika Srpska and BiH as a whole.

He also pointed out that, when defining the objectives of the agreements, emphasis is placed on their compliance with the General Framework Agreement for Peace in BiH and its annexes, while respecting the sovereignty and territorial integrity of BiH.

“Given that the Agreement on the Establishment of Special Parallel Relations between Republika Srpska and the Republic of Serbia has previously been challenged, I would remind you of the decision of the Constitutional Court of BiH, U-42/01, which clearly and unequivocally affirmed the right of the entities to conclude agreements with neighboring states on the establishment of special parallel relations. The decision specifically stated that prior consent from BiH institutions is not required to establish such relations, and the Constitutional Court of BiH thus confirmed that the Agreement was consistent with the Constitution of BiH,” Karan said.

He added that, according to a 1998 opinion of the Venice Commission, the constitutional right of the entities to conclude agreements on special parallel relations with neighboring states had also been confirmed.

Karan stressed that none of the provisions of the current Agreement, nor of the agreements previously in force, are contrary to the provisions of the Constitution of BiH. On the contrary, all the provisions are aimed at achieving the objectives of the General Framework Agreement for Peace in BiH, which is explicitly stated.

He also reminded that an Agreement on the Establishment of Special Parallel Relations was signed between the Federation of BiH and the Republic of Croatia, and that it defines cooperation in the same areas as the Agreement between the Republic of Serbia and Republika Srpska.

“The right of the entities to conclude agreements on special parallel relations with neighboring countries is inherent. This right was granted by the Dayton Constitution and does not imply or require the prior or subsequent consent of any body at the BiH level.

“The Parliamentary Assembly of BiH has no jurisdiction to participate in the process of adopting such agreements, nor to grant prior or subsequent consent in connection with an agreement by which the entities establish special parallel relations with neighboring countries, nor does it have the right to review such agreements,” Karan stressed.

He said that the initiative by 14 members of the House of Representatives of the Parliamentary Assembly of BiH represents an attack on the sovereignty and constitutional position of Republika Srpska and the Serb constituent people.