se times
13/01/2011
Did Republika Srpska violate the right to equal representation?
By Ljiljana Smiljanic for Southeast European Times in Banja Luka – 13/01/11
Did Republika Srpska violate the right to equal representation?
By Ljiljana Smiljanic for Southeast European Times in Banja Luka – 13/01/11
More than three months after elections, obstacles still remain in forming a new government in Republika Srpska. Bosniak MPs protest the appointment of Momir Malic, an ethnic Serb and member of the ruling Union of Independent Social Democrats (SNSD), as Council of Peoples President.
They say the choice of Malic, instead of a Bosniak, breaches the constitutional right of all constituent peoples to equal representation in BiH institutions. Seeking redress from the RS Constitutional Court, the Bosniak Caucus filed suit on Wednesday (January 12th).
A joint committee made up of representatives of Parliament and the Council of Peoples has been unable to reach a compromise, and the standoff continues.
"We don't intend to block RS. The solution to this problem is to fix a mistake in the House of Peoples," said Malic's chief opponent, Mirsad Djapo, said.
No Bosniak, he said, holds any of the six key positions in the RS institutions -- parliament president, prime minister, House of Peoples president, Constitutional and Higher Court presidents, or chief prosecutor.
These positions are filled by Serbs, Croats and one Montenegrin.
Wednesday's meeting sought to find a compromise solution -- appoint a Bosniak to the position chief prosecutor instead -- but failed. Acting chief prosecutor Amir Bukic has recorded his nationality under "other".
Anger has erupted over the impasse, with the majority Serbs charging that Bosniak politicians are striving to undermine the Bosnian Serb entity.
"Bosniaks have shown they do not care about RS interests and it all comes down to making RS weak. They have shown we should not trust them. How can they take their paycheck from RS and act against its interests?" said Marko Pavic, president of the Democratic People's Union, a partner in the ruling coalition.
Opposition Party of Democratic Progress leader Igor Crnadak said it is not specified that any nationality should fill the six positions, except that no nationality can occupy more than two. "Therefore I believe it will be shown the constitution was not violated," Crnadak said.
They say the choice of Malic, instead of a Bosniak, breaches the constitutional right of all constituent peoples to equal representation in BiH institutions. Seeking redress from the RS Constitutional Court, the Bosniak Caucus filed suit on Wednesday (January 12th).
A joint committee made up of representatives of Parliament and the Council of Peoples has been unable to reach a compromise, and the standoff continues.
"We don't intend to block RS. The solution to this problem is to fix a mistake in the House of Peoples," said Malic's chief opponent, Mirsad Djapo, said.
No Bosniak, he said, holds any of the six key positions in the RS institutions -- parliament president, prime minister, House of Peoples president, Constitutional and Higher Court presidents, or chief prosecutor.
These positions are filled by Serbs, Croats and one Montenegrin.
Wednesday's meeting sought to find a compromise solution -- appoint a Bosniak to the position chief prosecutor instead -- but failed. Acting chief prosecutor Amir Bukic has recorded his nationality under "other".
Anger has erupted over the impasse, with the majority Serbs charging that Bosniak politicians are striving to undermine the Bosnian Serb entity.
"Bosniaks have shown they do not care about RS interests and it all comes down to making RS weak. They have shown we should not trust them. How can they take their paycheck from RS and act against its interests?" said Marko Pavic, president of the Democratic People's Union, a partner in the ruling coalition.
Opposition Party of Democratic Progress leader Igor Crnadak said it is not specified that any nationality should fill the six positions, except that no nationality can occupy more than two. "Therefore I believe it will be shown the constitution was not violated," Crnadak said.
Bosniaks were given an opportunity for representation on the Council of Peoples, claims SNSD Executive Secretary Rajko Vasic, saying the party is determined not to remove Malic from the post. "Djapo was offered the vice presidency but declined," he said.
Even the Constitutional Court President Mirko Zovko took the unusual step of weighing in on the issue, saying the constitution was not violated since there are no provisions about Bosniaks being represented in any of the six key positions.
While the court wrangles with the issue, the old government continues to carry out day-to-day work.
"The old government can work since the new government can't make any decisions until the RS Constitutional Court gives its ruling on the possible violation of Bosniaks' national interest," newly elected RS Prime Minister Aleksandar Dzombic said.
This content was commissioned for SETimes.com.read more: se times
Even the Constitutional Court President Mirko Zovko took the unusual step of weighing in on the issue, saying the constitution was not violated since there are no provisions about Bosniaks being represented in any of the six key positions.
While the court wrangles with the issue, the old government continues to carry out day-to-day work.
"The old government can work since the new government can't make any decisions until the RS Constitutional Court gives its ruling on the possible violation of Bosniaks' national interest," newly elected RS Prime Minister Aleksandar Dzombic said.
This content was commissioned for SETimes.com.read more: se times
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