The British Ambassador to Bosnia and Herzegovina, Julian Reilly, has warned that the referendum announced by the National Assembly of Republika Srpska (NSRS) regarding the court ruling against former RS President Milorad Dodik is illegal and undermines the constitutional order of BiH.
“The Court of BiH, an independent institution, has convicted former RS President Mr. Dodik, and this ruling must be respected. Holding a referendum to challenge or ignore a court decision would be illegal and undermine the rule of law and the constitutional framework of BiH,” Reilly stated.
The NSRS passed the decision late on August 22 to hold a referendum in which citizens of the entity would vote on the ruling by the Court of BiH and the Central Election Commission (CIK) of BiH, which removed Dodik from office.
The referendum is scheduled for October 25, with the question phrased as:
“Do you accept the decisions of unelected foreigner Christian Schmidt and the unconstitutional Court of BiH ruling against the RS President, as well as the CIK decision to remove the mandate of RS President Milorad Dodik?”
Legal experts note that the referendum violates the BiH Constitution, which does not allow entities to independently hold referendums on decisions made by state-level institutions.
Alongside the referendum decision, the NSRS urgently amended the Law on Referendum and Civic Initiatives, enabling the formation of special commissions to oversee the vote.
Earlier in August, the Court of BiH issued a final judgment convicting Dodik of a one-year prison sentence (redeemed through a monetary payment) and six years of disqualification from public office. The CIK BiH subsequently revoked Dodik’s mandate, leaving the entity without a president and with the RS Prime Minister Radovan Višković having resigned.
The NSRS resolution calls for Dodik to continue serving as RS President, rejects early elections, and instructs entity institutions not to cooperate with the CIK. Opposition parties have warned that such actions could constitute criminal offenses and violations of BiH’s constitutional order.
Despite the legal decisions, Milorad Dodik continues to present himself as the President of Republika Srpska, even though his mandate has been officially revoked.