The Human Rights House Banjaluka calls on the Government of the Republic of Srpska to withdraw the Draft Law on the Special Register and Publicity of the Work of Non-Profit Organizations and to stop attempts to control the work and activities of citizens’ associations and foundations in the Republic of Srpska. Such moves, where laws are determined in secret, through disputed procedures and without valid/argued explanations, lead to further isolation of Republic of Srpska and distance it from democratic values and standards.
The provisions offered by the Draft Law on the Special Register and Publicity of the Work of Non-Profit Organizations represent an attack on freedom of association in the Republic of Srpska and an attempt to directly interfere with the independence and autonomy of associations. Ultimately, they represent an attempt to completely shut down associations that monitor and point out the government’s failings, as well as online media that are registered as associations.
In comparison to the previous draft, this Draft Law it is even more rigid. Not only that it kept the stigma “agent of foreign influence”, but, in the description of what organizations financed by foreign entities must not engage in, it added “action aimed at endangering democracy and damaging the integrity of the Republic of Srpska”. This has further narrowed the space for legitimate activities of associations, foundations and online media, and expanded the possibilities for arbitrary treatment of dissenters. The Ministry of Justice is left with the discretionary right to interpret terms such as “endangerment of democracy” and “violation of integrity”, as well as illegal political activities, which are all those activities directed towards “bodies, institutions or elected representatives of the RS or representatives of the RS in the institutions of Bosnia and Herzegovina in the sense of formulating policy, political or interests of the Republic of Srpska”.
In addition, the Draft still contains provisions that impose additional burdens on associations in terms of registration and reporting, and the part related to inspection supervision, monitoring the work of associations and imposing work ban measures on non-profit organizations has not been improved either.
The intention of the first version of Draft, and now Draft Law on the Special Register and Publicity of the Work of Non-Profit Organizations is clear – to suffocate and silence all those who think differently from the ruling structures in the RS.
We repeat that the proposed law is redundant, that the work of associations and foundations is already regulated by numerous other laws in the RS[1] and BiH, that it contradicts several international conventions of which Bosnia and Herzegovina is a member, that it is contrary to civilizational and democratic achievements and principles and that its potential adoption could have permanent harmful consequences for civil society not only in the Republic of Srpska, but in the whole of Bosnia and Herzegovina.
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[1] Such as: Law on Associations and Foundations of the Republic of Srpska, Law on General Administrative Procedure, Law on Administrative Disputes, Law on Non-Litigation Procedure, Law on Accounting and Auditing of the Republic of Srpska, Law on Inspections of the Republic of Srpska and others.
