The journey of Bosnia and Herzegovina (BiH) towards European Union (EU) integration has been fraught with challenges, many of which are deeply rooted in the country’s complex political and administrative structures. Among the most significant hurdles are the legislative actions taken by the entity of Republika Srpska (RS), which not only contradict the broader objectives of EU integration but also threaten to destabilize the delicate balance of governance within the country. This blog will explore how recent legislative moves in RS present a serious obstacle to BiH's EU aspirations and discuss the broader implications for the region.
Recent Legislative Actions in Republika Srpska
In recent years, the political leadership in RS has increasingly pursued a legislative agenda that is in direct conflict with Bosnia and Herzegovina’s commitments to the EU integration process. One of the most contentious issues has been the passage of laws that undermine the authority of state institutions and challenge the sovereignty of the central government.
For instance, RShas passed legislation that seeks to reclaim competencies that were previously transferred to the state level, such as in areas of state property, as well as judiciary, taxation, and defense. This move not only contravenes the legal framework established by the Dayton Agreement but also disrupts the functional coherence necessary for effective governance and alignment with EU standards. The EU has consistently emphasized the importance of a single, coordinated approach to governance as a precondition for membership. The actions of the government of RS, therefore, represent a significant setback in this regard.
Moreover, the RS entity has introduced laws that contravene EU human rights norms, particularly concerning freedom of expression and media freedoms. The recent law on the criminalization of defamation poses significant concerns regarding human rights, particularly freedom of expression and the right to free speech. By reintroducing defamation as a criminal offense, the law not only stifles public discourse but also creates an environment of fear where journalists, activists, and ordinary citizens may be deterred from voicing criticisms of the government or other powerful entities. This suppression of dissent undermines the fundamental democratic principle of holding power to account and threatens the free flow of information, which is essential for an informed and engaged citizenry. Moreover, such a law could be seen as incompatible with Bosnia and Herzegovina's obligations under international human rights treaties, particularly those that protect freedom of expression, raising serious questions about the alignment of RS's legal framework with the broader human rights standards that Bosnia and Herzegovina, as a whole, is committed to upholding.
In addition, Draft Law on the Special Registry and Publicity of the Work of Non-Profit Organisations (the “Foreign Agents Law”) was adopted in a first stage in September 2023. It was a controversial measure that has raised alarms among civil society organizations, human rights advocates, and the international community. This draft law requires organizations receiving foreign funding and engaging in activities deemed "political" to register as foreign agents, subjecting them to stringent reporting requirements and potential government scrutiny. Critics argued that this piece of legislation was a direct attack on civil society, aiming to delegitimize and restrict the work of NGOs, particularly those that promote human rights, transparency, and democratic governance. By labeling these organizations as foreign agents, the law fosters an atmosphere of suspicion and hostility, potentially isolating them from the communities they serve and discouraging public participation in civic life. Additionally, the law could be seen as a tool for the government to silence dissent and control the narrative, further eroding democratic principles and undermining Bosnia and Herzegovina's commitments to uphold freedoms of association and expression as part of its European integration process. Yet, in May 2024, the government of RS withdrew a controversial "foreign agent" law from the National Assembly's agenda.
The Implications for EU Integration
The legislative actions in RS have profound implications for Bosnia and Herzegovina’s EU integration process. First and foremost, they create an environment of legal and political uncertainty, which is detrimental to the reform process. The EU requires candidate countries to demonstrate a commitment to the rule of law, effective governance, and the protection of human rights. By passing laws that undermine these principles, RS is essentially putting Bosnia and Herzegovina’s EU future at risk.
Additionally, these legislative actions exacerbate existing tensions between the entities within Bosnia and Herzegovina, further complicating the country’s ability to present a united front in its negotiations with the EU. The EU has made it clear that progress in the accession process depends on the ability of BiH to function as a cohesive state. Any actions that deepen internal divisions or weaken state institutions are likely to be met with delays or even a suspension of the integration process.
Another significant consequence is the potential for these legislative actions to destabilize the broader Western Balkan region. The EU has long viewed the stability of Bosnia and Herzegovina as crucial to the stability of the region as a whole. If RS continues to pursue a path that undermines state institutions, it could lead to increased tensions not only within BiH but also with neighboring countries. This, in turn, could have a ripple effect on the EU’s efforts to stabilize and integrate the Western Balkans.
The Role of the International Community
The international community, particularly the EU and the Office of the High Representative (OHR), has a critical role to play in addressing the challenges posed by Republika Srpska’s legislative actions. The EU, through its various diplomatic and financial instruments, can exert pressure on RS leaders to align their policies with the broader objectives of EU integration. This could include conditioning financial assistance on adherence to EU norms and the reversal of laws that contravene the country’s commitments under the Stabilization and Association Agreement.
The OHR, with its mandate to oversee the implementation of the Dayton Agreement, also has a key role in ensuring that RS does not pursue policies that threaten the sovereignty and territorial integrity of Bosnia and Herzegovina. The OHR has the authority to annul laws that are deemed to violate the Dayton Agreement, and it may need to use this power more assertively in response to the recent legislative developments in RS.
Confronting Legislative Hurdles: Protecting Human Rights and Preserving Bosnia and Herzegovina’s EU Path
The legislative actions undertaken by RS present a significant obstacle to Bosnia and Herzegovina’s path toward EU integration. These measures not only contravene the legal and institutional frameworks required for EU membership but also jeopardize the country’s stability and cohesion. Laws such as the criminalization of defamation and the proposed "foreign agent" law are more than mere political tactics; they are substantial human rights issues. By targeting fundamental freedoms—such as freedom of expression, association, and civic participation—these laws create an environment of fear, suppress dissent, and undermine the independent functioning of civil society. Such actions starkly contradict Bosnia and Herzegovina's international human rights obligations, posing a serious threat to individual rights within the entity and further complicating the nation’s EU integration prospects. Consequently, the international community, particularly the EU, must remain vigilant and proactive in addressing these challenges to prevent any derailment of Bosnia and Herzegovina’s progress toward EU membership.
