Republika Srpska - referendum - reaction
08/23/2025
18:37
BANJA LUKA, AUGUST 23 /SRNA/ - Professor of Constitutional Law Siniša Karan told SRNA that, according to the Constitution, the highest legal act of Republika Srpska, its institutions are obliged to protect the constitutional order of the Republic, as well as to hear, respect, and follow the will of the people.
Karan noted that the Constitution itself, in Article 68, explicitly states, among other things: "The Republic organizes and ensures the integrity, constitutional order, and territorial entirety of the Republic."
He explained that a referendum is not an ordinary, everyday political or legal instrument, but rather the highest expression of a people’s sovereignty and dignity.
Professor Karan emphasized that it is a process in which the institutions directly consult the people, who in turn make immediate and direct decisions on issues of crucial importance for their present and future.
“It is very important to emphasize that the referendum is neither defined nor provided for by the Dayton Peace Agreement, nor by the Constitution of BiH, but is exclusively defined by the Constitution of Republika Srpska, specifically Article 70. We have the right to hold a referendum under our Constitution, not under the Constitution of the community, which does not even recognize the referendum,” Karan explained.
He added that, given the current circumstances, it is the people who must make the final decision, and that decision will be the only authoritative and binding one, considering the weight and significance of the popular will.
“The will of the people is above all other wills; it is expressed in elections, but in a referendum it takes its purest, most direct form. That will is, both in politics and in law, nothing less than sacred. Therefore, a referendum is not merely a political decision; it is a confirmation of the democratic identity of Republika Srpska,” emphasized the constitutional law professor.
He also pointed out that the actions of the illegal and illegitimate /High Representative/ Christian Schmidt, followed by the Court of BiH and the CEC of BiH, are a textbook example of an attack on the constitutional order of a democratic and internationally recognized state, as well as on its equal entities and constituent peoples.
“It should be noted here that BiH, as it currently stands, is neither a democratic nor a sovereign state,” Karan added.
According to him, the intention of Schmidt, the Court of BiH, and the CEC of BiH to completely dismantle the Dayton constitutional order of BiH, and thereby undermine the status of Republika Srpska, has been recognized and encapsulated in the referendum question.
"So, the institutions of Republika Srpska are not attacking Schmidt with this referendum question, nor those who agreed to implement his dictatorship. On the contrary, it is they themselves who attack Republika Srpska with their decisions, challenging its powers and undermining the entire Dayton constitutional order in the process.
It should be repeated, for who knows how many times, that with the arrival of Christian Schmidt, who was not appointed in accordance with the procedure prescribed in Annex 10 of the Dayton Agreement, the constitutional order has been eroded beyond recognition,” Karan emphasized.
He noted that Schmidt acts arbitrarily and without legitimacy, making decisions that are directly contrary to the Constitution of BiH. His ignorant and arrogant approach has led us into a complete constitutional and legal abyss, creating unprecedented legal instability, while the actions of his obedient followers in the Court of BiH and the CEC of BiH, acting on his decisions, have completely undermined trust in the institutions.
“Republika Srpska remains firmly committed to respecting the Dayton Peace Agreement as the foundation of peace and stability in BiH. We advocate dialogue, mutual respect, and institutional cooperation, always observing the letter of Dayton. But it takes two to achieve happiness,” Karan emphasized.
According to him, Republika Srpska has found a way to decide on all important issues through referendums. Thus, in 2016, during the first referendum in Republika Srpska, the citizens confirmed that January 9 would be celebrated and observed as Republic Day.
“In the same way, on the referendum on October 25, we will clearly and unequivocally declare that authority in Srpska does not belong to foreigners, but exclusively to its people, who alone have the right to decide their own destiny. The people will say NO to attacks, NO to usurpation, NO to colonial rule, and NO to dishonorable executors of imposed decisions!
We are not attacking constitutional institutions, as some claim; rather, we are asking the people whether they accept the imposition of decisions by an unelected foreigner and the compliance of BiH institutions with those decisions. If others wish to act according to the dictates of foreigners, we certainly will not. It is not in our blood to submit and obey orders. We shape our own destiny, just as we ourselves created Republika Srpska by adopting its Constitution and establishing all of its state institutions,” concluded Professor Karan.
He stated that the time has come for Republika Srpska and its people to defend the institutions they themselves created, through the highest democratic means – a referendum.
“I am certain that we will know how to defend them!” said Professor of Constitutional Law Siniša Karan.