The opinion of the Venice Commission

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The Republic Day by the Law on Holidays of the Republika Srpska Entity is contrary to the European Convention on Human Rights

Institute for Research of Genocide Canada supports the opinion of the European Commission for Democracy trough Law – Venice Commission on the compatibility with the non-discrimination principle of the selection of the Republic Day of the Republika Srpska

The selection of 9 January as the Republic Day by the Law on Holidays of the Republika Srpska is inspired by an event of particular significance for one of the constituent peoples only, which is painful for people belonging to other communities. Nevertheless, it is imposed upon all citizens of the Republika Srpska. This choice is hardly in line with the unifying values of dialogue, tolerance, mutual understanding and equality which should be the underlying basis for the choice of a national day.
In the light of the specific circumstances of BiH and taking into account the case law of the Constitutional Court of BiH, the Institute for Research of Genocide of Canada is of the view that the selection and maintaining of 9 January as the date of the observance of the Republic Day may give rise to discrimination in the meaning of a series of international instruments, including the 1948 Universal Declaration of Human Rights (Article 2), the 1966 International Covenant on Civil and Political Rights (Article 26), the 1965 International Convention on the Elimination of All Forms of Racial Discrimination (ICERD, Article 1) and the 1950 European Convention for the Protection of Human Rights and Fundamental Freedoms (Article 14 of the Convention and Protocol 12 to it).

Starting from the fact that the continuation of celebrating this date can lead to very dangerous discrimination and large compromising fundamental human rights and freedoms, primarily of Bosniaks, the Institute for Research of Genocide, Canada urges the Constitutional Court of Bosnia and Herzegovina to confirm the opinion of the Venice Commission and so make a step for the realization of equality, human rights and freedoms of all peoples and citizens on the territory of the Republika Srpska Entity.

The opinion of the European Commission for Democracy trough Law – Venice Commission on the compatibility with the non-discrimination principle of the selection of the Republic Day of the Republika Srpska

More: http _www.venice.coe.int_webforms_documents_ pdf=CDL-AD(2013)027-e