The Office of the High Representative (OHR) has issued a strong warning that the continued marking of January 9 as the Day of Republika Srpska constitutes a clear violation of the final and binding rulings of the Constitutional Court of Bosnia and Herzegovina, and may result in criminal liability.
In a statement published on the social media platform X, the OHR stressed that the Constitutional Court of Bosnia and Herzegovina has unequivocally ruled that designating January 9 as a public holiday does not reflect collective or shared memory in a multiethnic society and is discriminatory in nature.
Criminal Responsibility for Non-Compliance
The OHR emphasized that failure to comply with Constitutional Court decisions may constitute a criminal offense under the Criminal Code of Bosnia and Herzegovina.
“Non-compliance with the decisions of the Constitutional Court may represent a criminal act under the provisions of the Criminal Code of Bosnia and Herzegovina. The implementation of legally prescribed measures falls within the competence of law enforcement authorities, especially when public office holders are involved,” the statement said.
Despite repeated court rulings, authorities in Republika Srpska continue to mark January 9 as the entity’s day. The Constitutional Court has twice declared the date unconstitutional, noting that it coincides with the religious holiday of St. Stephen, thereby excluding and discriminating against non-Serb citizens.
Legal Framework and Sanctions
Amendments to the Criminal Code of Bosnia and Herzegovina, imposed by High Representative Christian Schmidt in 2023, explicitly criminalize the non-enforcement of Constitutional Court decisions.
Under these provisions, any individual involved in organizing or promoting the unconstitutional celebration of January 9 may face:
- Prison sentences ranging from six months to five years, and
- Bans on holding public office.
However, no individual has so far been prosecuted or sanctioned for organizing or participating in the celebration of January 9, despite the clear legal framework and repeated warnings.
A Test of the Rule of Law
The OHR’s latest statement underscores that the continued observance of January 9 is not merely a political issue, but a direct challenge to the constitutional order and the rule of law in Bosnia and Herzegovina.
