The laws adopted by the parliamentary majority represent a retaliatory strike against all critical voices in Republika Srpska, and above all against independent civil society organizations, media, and opposition voices. The undersigned civil society organizations emphasize that with yesterday’s adoption of the so-called “Law on Foreign Agents”—long threatened by the authorities—the government has created the conditions for systemic persecution of dissenters. Likewise, the adoption of amendments to the Criminal Code, aimed at forcing state-level parliamentarians, judiciary officials, and other employees of BiH institutions to blindly obey the decisions of the ruling majority in RS, constitutes a brutal assault on the foundations of democracy in this country. The adoption took place in an atmosphere of intimidation and persecution fostered by government representatives for some time, culminating in last night’s attack by the RS President’s advisor on journalists—an incident we strongly condemn.
The Law on a Special Register and Publicity of Work of Non-Profit Organizations was adopted under an urgent procedure, justified with the claim that its rejection would “create the conditions for the collapse of the constitutional order,” thereby placing a target in advance on numerous media outlets and organizations labeled in recent days as “enemies.” The law was passed as an act of revenge and as part of a package response to the verdict against Milorad Dodik, laying bare all the empty claims previously made that the purpose of this law was merely to “increase transparency and prohibit political activities of associations.”
We stress that the institutions of Republika Srpska already have the authority to control the financial and all other operations of civil society organizations. Moreover, associations are already prohibited by existing law from engaging in political activity, though in practice this prohibition has not applied to government-controlled NGOs financed from the budget, which have openly supported parties and candidates during elections.
Under this law, all organizations in Republika Srpska financed from international sources will be automatically labeled “foreign agents,” even though those very same sources also finance the RS government itself. Furthermore, the law prohibits all independently financed associations from proposing laws or “influencing public opinion,” precisely because they point out the numerous problems in society.
This law creates the basis for any association disfavored by the authorities to fall victim to vague provisions and arbitrary interpretations, ultimately facing closure under the pretext of “political activity” or “undermining the constitutional order.” The scope is broad: from organizations fighting for human rights and against corruption, to sports associations, women’s rights groups, trade unions, consumer protection associations, and humanitarian organizations.
The consequences of this law will be devastating for numerous organizations that have for many years assisted citizens through social support, protection from violence, humanitarian work, provision of legal aid, and more. We particularly emphasize that the amendments to the Criminal Code represent an unacceptable blow to the fundamental values of democracy, enabling the ruling majority to hold under control parliamentarians, judges, prosecutors, officials, and other employees of BiH institutions.
These laws infringe upon the constitutions of Republika Srpska and Bosnia and Herzegovina, the European Convention on Human Rights and Fundamental Freedoms, and are incompatible with the most important international standards. They will not only lead to the shutting down or banning of associations and suppression of critical voices, but will also produce negative economic consequences through the isolation of RS, halting of European integration, and reduction of investments. For these reasons, we call on the delegates in the Council of Peoples to block the adoption of these restrictive laws, and we appeal to the authorities to refrain from this and other retaliatory actions they have announced.
Signed by:
Banja Luka Center for Human Rights
Center for Democracy and Transitional Justice, Banja Luka
Center for Civic Cooperation, Livno
KVART Youth Center, Prijedor
Youth Information Decontamination Center
Center for the Promotion of Civil Society (CPCD)
Center for Media Development and Analysis (CRMA)
Center for the Environment
Centers for Civic Initiatives (CCI)
Foundation “Lara,” Bijeljina
Foundation “United Women,” Banja Luka
Foundation for Local Democracy
Helsinki Citizens’ Assembly Banja Luka
Humanitarian Organization “Genesis Project”
Human Rights House Banja Luka
Youth Organization “Center,” Mrkonjić Grad
Oštra Nula
Peacebuilding Network
Workers’ Solidarity
Restart Srpska
Rosen Method Center BiH
Transparency International in Bosnia and Herzegovina (TI BiH)
Association “Novi put,” Mostar
Citizens’ Association “Mikro mreža,” Gradiška
Citizens’ Association “Buducnost”
Association “IMPULS”
Association Dignitet
Citizens’ Association eTrafika.net
Citizens’ Association RS “Stop mobbing”
Association of Independent Creators and Activists GETO
Association of Paraplegics and Persons with Poliomyelitis, Velika Kladuša
Umbrella Association
Association Val
Association for the Promotion of European Standards and Improvement of the Business Environment, Banja Luka
Association for the Promotion of Media Freedom, Critical and Investigative Journalism (SKIN)/Valterportal
Animal Protection Association Vardi
Women’s Association “Make a Difference”
Women’s Association Plane, Makljenovac
UG SEMPER – Gerila Portal
Women’s Vision Tuzla
Hi Neighborhood