Fact Check

FACT: Republika Srpska is an entity within a state, and not a sovereign state in its own right. It is part of Bosnia and Herzegovina. The Constitution of Bosnia and Herzegovina does not leave room for any “sovereignty” of the entities. The entities do not have the quality of being subjects of international law.

Fact: The 27 April’s HR decision did not suspend the Federation constitution but enabled the majority of the House of Representative to overcome a stalemate that could have had disastrous effect for BiH as a whole.

FACT: The BiH Constitutional Court ruled on the constitutionality of the use of the term “border” in the RS Constitution in January 2000, concluding that the term “border” is unconstitutional. The disputed article of the RS Constitution was amended to replace the term “border” with the term “inter-entity boundary line.” There is no state border bet [...]

FACT: State and defense property remain among the requirements outlined in the "5+2 Agenda." Therefore, the OHR remains engaged in reaching an acceptable and sustainable resolution of these issues. When it comes to the immoveable military property that will serve future defense purposes (the “prospective defense property”), all legal acts needed to [...]

FACT: October 2 decisions of the High Representative refer to the functioning of FBiH institutions, streamlining of government formation procedures, alleviating blockades and abuse of safeguarding mechanisms in legislative as well as judicial bodies. They in no way affect the will of the voters and the outcome of the 2022 General Elections.

FACT: The decisions of the High Representative in no way relate to direct elections, nor do they undermine the integrity and legitimacy of the electoral process. The intention of these decisions is to prevent blockades of FBiH institutions, of which there were plently in the previous election cycle, and the government formation process itself.

FACT: The right to change provisions of the BiH Constitution, which is part of the Dayton Peace Agreement, belongs solely to the BiH Parliament. Therefore, the October 2 decisions are not part of the greater electoral reform which remains necessary to address BiH's international obligations and alleviate discrimination in the electoral process. The [...]

FACT: The decisions issued by the High Representative on 07 June 2022 ensure that both temporary financing of the State budget and the funding of elections no longer require a decision by the BiH Council of Ministers, they are both automatic.

FACT: The Law on Financing of the Institutions of Bosnia and Herzegovina (Paragraph 5 of Article 11 ) allows the BiH Council of Ministers to fund expenditures not envisaged by the previous budget throughout the period of temporary financing. There is no obstacle for the Council of Ministers to approve necessary funds neither in terms of relevant re [...]

FACT: The BiH Central Bank has never been an inter-entity institution nor has the High Representative ever legislated on its status.