RS Constitutional Court Makes Mixed Rulings on Bosniak Appeals

The Vital Interest Council of the RS Constitutional Court reviewed requests from the Club of Bosniak Delegates in the RS Council of Peoples. These requests concerned changes to two laws passed by the RS National Assembly on July 9. The laws were about cemeteries and funeral activities, and the Criminal Code.

Regarding the Law on Cemeteries and Funeral Activities, the Council found a vital national interest of the Bosniak people was violated. This was due to text that mentioned the "feelings of the Serb people." The Council said this violated the principle of equality for all constitutional peoples in Republika Srpska. It stated that no constitutional people should have a dominant position. All three peoples must exercise their rights under equal conditions. Highlighting the interests of only one ethnic group, or selectively protecting one people's values, violated this principle. However, another part of the same law was not found to violate vital interests. This part requires the RS Center for Research of War, War Crimes, and Missing Persons to give an opinion on the appearance of memorials and graves. The Council said this does not limit citizens' rights.

For the Criminal Code amendments, the Council decided no vital national interest of Bosniaks was violated. Bosniak delegates claimed these changes punished the display of official symbols of the Republic of Bosnia and Herzegovina (RBiH) in Republika Srpska. The Council called these claims irrelevant. It stated the law does not refer to the RBiH flag or the international continuity of Bosnia and Herzegovina. The Council also rejected claims that the Army of the Republic of Bosnia and Herzegovina is an important part of Bosniak identity. It found no connection between these army symbols and Bosniak education, religion, language, culture, or traditions. Other arguments from the Bosniak delegates were dismissed as general, lacking legal support for vital national interest protection.