TI BiH: The arbitrariness of the authoritarian regime in the Republic of Srpska is leading the country into dangerous uncertainty

Banja Luka, April 19, 2024 – Transparency International in BiH believes that the ruling majority in Republic of Srpska, by adopting the Election Law of RS, which is contrary to the Constitution of BiH, the Election Law of BiH and Annex 3 of the Dayton Peace Agreement, is trying to create a parallel election administration and prevent the conduct of legal elections. Such a move creates legal uncertainty and chaos and endangers stability in order to preserve one’s own control over the electoral process and institutions.

By adopting the Election Law of the RS, the authoritarian regime left the framework of the legal order of BiH, and with the Law on Immunity, it legalized the placing of key executive and legislative function holders above the law, thus completely threatening the fundamental principle of the rule of law.

Instead of improving the existing legal framework and eliminating the shortcomings that in the previous period enabled systemic electoral theft, now on the scene are not only the blockades of the electoral reform, but also the introduction of a parallel electoral system and the passing of laws, the sole aim of which is the survival of the ruling structure in power and ensuring complete impunity in that process. Due to all of the above, the adoption of the RS Election Law represents an attempt to use legal violence to prevent the holding of legal elections and the expression of citizens’ electoral will.

Last night, the National Assembly of the RS also adopted the proposal of the Law on Immunity of the RS, and TI BiH warned even earlier that such a solution opens up a huge space for crime and impunity for criminal acts of corruption committed by the highest officials. Such a law would grant amnesty to the holders of the most responsible executive functions of criminal prosecution for any acts they commit “within their jurisdiction”, which is contrary to all international standards.

Both laws can have unfathomable consequences on the elementary human rights of citizens to vote and be elected, but also consequences in the sense of legalizing the unlimited arbitrariness of the holders of executive and legislative power. The consequences of these laws are no less dangerous from the aspect of legal security and disruption of the country’s stability.

Press rls_19.04.24_