France and Germany with a "non-paper" for Republika Srpska

The European Union should suspend financial projects that benefit Republika Srpska, and consider imposing targeted sanctions on individuals in this entity of Bosnia and Herzegovina who undermine the sovereignty and constitutional order of the state.

This is stated, among other things, in an unofficial document ("non-paper"), compiled by France and Germany, which was obtained by Radio Free Europe.

The document, dated May 12, 2025, which is just over two pages long, states that the current constitutional crisis "constitutes the most serious challenge to the sovereignty, unity, and territorial and functional integrity of Bosnia and Herzegovina in the last 30 years."

The existence of this document was announced by the Chief of the General Staff of the Serbian Army, Milan Mojsilović, on May 22, after a meeting of the National Security Council, where he said that the document, which was presented by Serbian President Aleksandar Vučić, "complicates the position of Republika Srpska."

According to the authors, Republika Srpska has undertaken several actions and legal processes that undermine the constitutional order of Bosnia and Herzegovina, especially after the conviction of the president of this entity, Milorad Dodik, on February 26, by the Court of Bosnia and Herzegovina for failure to implement the decisions of the High Representative.

These actions include the adoption of several laws, such as the one prohibiting the functioning of state institutions of Bosnia and Herzegovina on the territory of Republika Srpska – including the State Court and Prosecutor's Office, and the State Investigation Agency (SIPA) – as well as the Law on the High Judicial and Prosecutorial Council of Republika Srpska, and the Law on the Special Register of Non-Governmental Organizations.

Also mentioned as contested actions are the new draft of the Constitution of Republika Srpska, presented in March, and the Law on the Protection of the Constitutional Order of Republika Srpska.

The immediate purpose of the document is "the repeal of unconstitutional laws and the withdrawal of the new constitutional draft."

"The long-term solution to the crisis will require, in particular, the full and irreversible return of Republika Srpska to the constitutional order of Bosnia and Herzegovina, the restoration of the commitment of Bosnian Serbs to the functioning of state institutions, and the fulfillment of all steps listed in the European Commission recommendation of 12 October 2022," the document states.

According to the authors, measures that should be taken include: limiting financial support for Republika Srpska, imposing targeted sanctions, slowing down the EU membership process, and severing contacts with officials of this entity.

The document requires the EU to keep suspended all projects that are, directly or indirectly, beneficial to Republika Srpska within the Western Balkans Investment Framework (WBIF).

The European Commission should not propose new projects that are beneficial to Republika Srpska. The criteria for unblocking the measures will be developed after the leadership of Republika Srpska takes constructive steps, in prior consultation with the member states.

The EU should also coordinate with other international financial institutions, such as the World Bank, to adopt similar approaches. Bilateral financial assistance for projects assisting Republika Srpska should also be suspended.

Regarding sanctions, it is proposed to use the existing framework for restrictive measures against individuals or entities that undermine the sovereignty, territorial integrity and constitutional order of Bosnia and Herzegovina.

The document states that "it is expected that the High Representative and/or the Vice-President of the Commission will come forward with proposals in the coming weeks."

Since there is no full consensus in the EU on this issue, the document suggests that member states individually impose travel bans on certain Republika Srpska officials.

"National measures are temporary and reversible measures, with the aim of changing the behavior of targeted individuals and entities," the document states.

It is also recommended that the EU suspend high-level contacts with convicted or indicted leaders of Republika Srpska, including Dodik, Prime Minister Radovan Višković, and the Speaker of the Parliament, Nenad Stevandić.

Communication with officials of the Government of Republika Srpska or the Alliance of Independent Social Democrats (SNSD) should focus on emphasizing the danger of continuing President Dodik's unconstitutional course, and the EU's readiness to reduce tensions when there are signs of change.

Bosnia and Herzegovina is a candidate country for EU membership and the authors of the document believe that it should be clearly emphasized that the actions of Republika Srpska are incompatible with this path.

"Non-paper" is an unofficial document, without a signature, without a stamp, and without official delivery channels.

It contains a proposal or idea, and can be discussed informally by political leaders or diplomats./ REL