Human rights in Bosnia and Herzegovina

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The human rights record of Bosnia and Herzegovina has been criticised over a number of years by intergovernmental organisations including the United Nations Human Rights Council, the European Court of Human Rights and the Organisation for Security and Co-operation in Europe, as well as international and domestic non-governmental organisations such as Human Rights Watch and Amnesty International. The government of Bosnia and Herzegovina has been criticised for ethnic and religious discrimination in its treatment of ethnic and religious minorities such as the Romani people and the Jewish people. [1] The government has also been criticised for its treatment of Internally Displaced Persons following the Bosnian War and its failure to provide asylum seekers with resources such as food, shelter and medical assistance. According to BH Novinari, the Bosnian Journalists’ Association, freedom of the media is an issue in Bosnia and Herzegovina, with journalists facing attacks, threats and pressure from government. Human rights non-government organisations have also reported interference in their work from the government. The Bosnian government has been criticised by the European Union for its slow response to domestically prosecute war crimes from the Bosnian War following the closure of the International Criminal Tribunal for the Former Yugoslavia in December 2017.

Contents

History

Ethnic conflict has been prominent in the Bosnian and Herzegovinian society since the breakup of Yugoslavia. [2] The three main ethnic groups are the Bosniaks, who are predominantly Muslim; the Croats, who are Catholic; and the Serbs, who are Eastern Orthodox. [2] This ethnic conflict resulted in the Bosnian War which took place between 1992 and 1995 following Bosnia and Herzegovina's independence from the Socialist Federal Republic of Yugoslavia. [3] The war resulted in death toll of over 101,000 people. [4] War crimes and human rights violations were perpetrated by all nationalities involved. [3] The largest amount of war crime charges were brought against the Serbs. [3]

Ethnic and religious discrimination

In 2019 the World Bank published a report that found that discrimination against the Roma people is a significant problem in Western Balkan countries, including Bosnia and Herzegovina. The report found that Roma people, who comprise 1.7% of the Bosnian population, have more difficulty accessing basic services such as healthcare, education, employment and housing than the non-Roma population. [5]

International non-government organisation Human Rights Watch identified in its Annual Report for 2020 that discrimination against ethnic and religious minorities remains a significant human rights issue in Bosnia and Herzegovina. [1] The Bosnian constitution prohibits ethnic minorities such as the Jewish people and the Roma people, which are the two largest minority groups in the country, from running for presidency. [1]

The complexities of the Constitution of Bosnia and Herzegovina  are a result of the Dayton Peace Accords, which were signed in 1995 at the conclusion of the Bosnian War. [2]

Due to the significant role that ethnic nationalism and ethnic identity politics play in Bosnian society, the Bosnian Constitution stipulates that the Presidency of the government must consist of three directly elected members. [2] One presidential member is elected each by the Bosniaks, the Croats and the Serbs. [2] A presidential candidate must identify with only one of these ethnic identities and is ineligible if they are a member of any additional ethnic groups, which prevents ethnic minorities, such as the Roma and Jewish people, from running for presidency, as well as anyone who belongs to more than one of the three main ethnic groups. [2] Additionally, Bosniaks, Croats and Serbs can only vote for one candidate who is of their own ethnic group. [2]

These ethnicity-based restrictions on eligibility to run for elected office are controversial, and have been criticised by international bodies such as the European Court of Human Rights. [1] In the 2009 case of Sejdić and Finci v. Bosnia and Herzegovina, the European Court of Human Rights ruled that the Bosnian Constitution was discriminatory and a contravention of the European Convention on Human Rights. [6] Dervo Sejdić, a Roma man, and Jakob Finci, a Jewish man, lodged complaints to the European Court of Human Rights that they were ineligible to run for Presidency and the House of Peoples of Bosnia and Herzegovina due to their membership of ethnic minority groups, despite the fact that both men were Bosnian citizens. [6]

War crimes

Throughout the 1992-1995 Bosnian War, a large number of human rights violations occurred. [7] These included ethnic cleansing, extrajudicial executions, rape and torture. [7] In December 2017, the International Criminal Tribunal for the Former Yugoslavia, the United Nations’ court created to prosecute war crimes that took place in the Bosnian War, closed. [8] Domestic courts have since been responsible for prosecuting war crimes and crimes against humanity that took place during the war. [8] The United Nations Human Rights Council's Report of the Office of the United Nations High Commissioner for Human Rights Compilation on Bosnia and Herzegovina reported concerns that Bosnia and Herzegovina's domestic courts had been slow to complete prosecution of war crime cases. [9] Victims of rape and torture during the war experience numerous challenges in achieving legal justice, facing up to €5,000 in court fees if their case is not successful. [4]

Asylum seekers and internally displaced persons

As of 2020, 96 421 Bosnians continue to be classified as internally displaced persons from the Bosnian War, which ended in 1995. [1] Fifty-eight percent of Bosnians who left the country as refugees during the War are yet to return. [1] The government-funded Regional Housing Programme has built 1000 homes to rehouse Internally Displaced Persons and Returnees. [1]

Both Human Rights Watch and Amnesty International have criticised the Bosnian government's management of the recent influx of asylum seekers. [8] [1] [10] Criticisms include the governments slow processing of asylum applications and failure to provide basic food, shelter and medical care for asylum seekers. [8]

Human rights defenders and civil society

Human Rights Watch reported in their 2019 World Report that human rights defenders and non-government organisations faced interference in their work. [8] They reported that police issued public disorder fines to people participating in public assemblies and protests. [9] The Safety Net for European Journalists reported that in 2014 the Alliance of Independent Social Democrats, a major political party in Republika Srpska, issued a list of journalists and non government organisations that they deemed to be “unsuitable". [11] Human Rights Watch also reported that the Republika Srpska had drafted legislation that would allow them to monitor the work and finances of non-government organisations that receive foreign donations. [8]

Freedom of media

Freedom of the press is included in the Bosnian Constitution. [12] Freedom House classifies Bosnia and Herzegovina's press as partly free. [12]   According to the Council of Europe's Platform to Promote the Protection of Journalism and Safety of Journalists, since 2015 there have been seven “attacks on the physical safety and integrity of journalists", [13] six incidents of "harassment or intimidation of journalists", [13] and four "other attacks having chilling effects on media freedom". [13] According to the Platform, fifteen of these incidents have not been resolved and two were resolved or addressed by the Bosnian government. [13] According to Human Rights Watch, journalists experience harassment, pressure from political groups, violent attacks and intimidation including death threats. [1] Human Rights Watch reported that BH Novinari, the journalists’ union in Bosnia and Herzegovina, reported 41 violations of freedom of the press in 2019. [1]

Sexual orientation and gender identity

Same-sexual activity is legal in Bosnia and Herzegovina. [14] Same sex marriage and relationships are not legally recognised under Bosnian law. [14] Transgender persons are allowed to change their legal gender. [14] In the United Nations Human Rights Council's 2019 report on Bosnia and Herzegovina, the Human Rights Committee and the Committee Against Torture expressed concern at the lack of investigation by authorities of hate crimes committed towards lesbian, gay, bisexual and transgender people. [9] Homophobia and violence and hate crimes against members of the LGBT community is widespread in Bosnia and Herzegovina. [1] In September 2008, seven civilians and a police officer were injured by anti-LGBT protestors at the Queer Festival Sarajevo. [15] The organisers of the festival received anonymous death threats leading up to the festival. [15] Six people were hospitalised with head injuries and one of the attackers was detained by police. [15] In September 2019 Bosnia's first LGBT pride parade was held in Sarajevo, the country's capital city. [16] One thousand police officers were present to protect the protestors from violence and hate crimes. [16] Counter-protests were held in Sarajevo by anti-LGBT groups at the same time as the Pride parade. [16]

Women’s rights

The Organisation for Security and Co-operation in Europe's Mission to Bosnia and Herzegovina reports that violence against women is a widespread problem in Bosnian society. [17] The mission also reports that women are under-represented and marginalised in the private and public sectors. [17] During the 1992-1995 Bosnian War, there was an epidemic of sexual violence. [4] [18] No official figures exist on the number of women who were sexually assaulted during the War, however estimates range between 20, 000 and 50, 000. [18] The Bosnian legal system has been largely unresponsive in prosecuting men who committed sexual assault during the war. [19] Victims risk losing thousands of euros in court fees if they sue the Republika Srpska for damages caused by sexual assaults committed by their soldiers during the war. [4]

International responses

The Organisation for Security and Co-operation in Europe is a prominent intergovernmental organisation that operates a mission in Bosnia and Herzegovina. [20] They work to restore peace and harmony in the region and promote human rights for all citizens of Bosnia and Herzegovina, including the Roma and Jewish people. [20] UN Women maintains an office in Bosnia and Herzegovina, where they aim to support the government in achieving global standards in gender equality. [19]

Historical situation

The following chart shows Bosnia and Herzegovina’s ratings since 1992 in the Freedom in the World reports, published annually by Freedom House. A rating of 1 is "free"; 7, "not free". [21] 1

Notes

1. ^ Note that the "Year" signifies the "Year covered". Therefore the information for the year marked 2008 is from the report published in 2009, and so on.
2. ^ As of January 1.
3. ^ Under the terms of the 1995 Dayton Agreement, the Presidency of Bosnia and Herzegovina is currently a triumvirate occupied by three elected representatives: one Bosniak, one Croat, and one Serb. The Bosniak and Croatian members of the presidency are elected as part of a joint constituency in the Federation of Bosnia and Herzegovina; the Serbian member is elected in Republika Srpska.
4. ^ From 1992–1996, Alija Izetbegović served as President of the Presidency of the Republic of Bosnia and Herzegovina.

Related Research Articles

The politics of Bosnia and Herzegovina are defined by a parliamentary, representative democratic framework, where the Chairman of the Council of Ministers of Bosnia and Herzegovina, named by the Presidency of Bosnia and Herzegovina, is the head of government. Executive power is exercised by the Council of Ministers of Bosnia and Herzegovina and the Presidency of Bosnia and Herzegovina. Legislative power is vested in both the Council of Ministers and the Parliamentary Assembly of Bosnia and Herzegovina. Members of the Parliamentary Assembly are chosen according to a proportional representation system. The judiciary is independent of the executive and the legislature.

<span class="mw-page-title-main">Alija Izetbegović</span> Bosnian politician, philosopher and author (1925–2003)

Alija Izetbegović was a Bosnian politician, Islamic philosopher and author, who in 1992 became the first president of the Presidency of the newly independent Republic of Bosnia and Herzegovina. He later served as the first chairman of the Presidency of Bosnia and Herzegovina.

<span class="mw-page-title-main">Federation of Bosnia and Herzegovina</span> Political entity of the sovereign country of Bosnia and Herzegovina

The Federation of Bosnia and Herzegovina is one of the two entities composing Bosnia and Herzegovina, the other being Republika Srpska. The Federation of Bosnia and Herzegovina consists of ten autonomous cantons with their own governments and legislatures.

<span class="mw-page-title-main">Dragan Čović</span> Bosnian Croat politician

Dragan Čović is a Bosnian Croat politician who served as the 4th Croat member of the Presidency of Bosnia and Herzegovina from 2002 to 2005 and from 2014 to 2018. He is the current president of the Croatian Democratic Union and has been serving as a member of the national House of Peoples since 2019, having previously served from 2011 to 2014.

<span class="mw-page-title-main">Yugoslav Wars</span> 1991–2001 series of wars in the Balkans

The Yugoslav Wars were a series of separate but related ethnic conflicts, wars of independence, and insurgencies that took place in the SFR Yugoslavia from 1991 to 2001. The conflicts both led up to and resulted from the breakup of Yugoslavia, which began in mid-1991, into six independent countries matching the six entities known as republics that had previously constituted Yugoslavia: Slovenia, Croatia, Bosnia and Herzegovina, Montenegro, Serbia, and Macedonia. SFR Yugoslavia's constituent republics declared independence due to unresolved tensions between ethnic minorities in the new countries, which fuelled the wars. While most of the conflicts ended through peace accords that involved full international recognition of new states, they resulted in a massive number of deaths as well as severe economic damage to the region.

<span class="mw-page-title-main">Zlatko Lagumdžija</span> Chairman of the Council of Ministers of Bosnia and Herzegovina from 2001 to 2002

Zlatko Lagumdžija is a Bosnian diplomat and former politician who is the current Permanent Representative of Bosnia and Herzegovina to the United Nations. He previously served as Chairman of the Council of Ministers of Bosnia and Herzegovina from 2001 to 2002. Lagumdžija also served as Minister of Foreign Affairs from 2001 to 2002 and from 2012 to 2015. He was the president of the Social Democratic Party from 1997 to 2014.

The Constitution of Bosnia and Herzegovina was amended once, in 2009, to include the outcome of the Brčko District final award. Several constitutional reforms were attempted between 2006 and 2014, to ensure its compliance with the case law of the European Convention on Human Rights in the Sejdić and Finci v. Bosnia and Herzegovina and following cases regarding ethnic- and residence-based discrimination in passive electoral rights for the Presidency and House of Peoples. None of these attempts have been successful so far, notwithstanding EU involvement and conditionality.

The Research and Documentation Center Sarajevo (RDC), was an institution based in Sarajevo, Bosnia and Herzegovina, partly funded by the Norwegian government that aimed to gather facts, documents, and data on genocide, war crimes, and human rights violations in Bosnia and Herzegovina. It described itself as an independent, non-governmental, non-profit, professional and nonpartisan institution. RDC investigated issues regardless of the ethnic, political, religious, social, or racial affiliation of the victims.

The Constitution of Bosnia and Herzegovina is the highest legal document of Bosnia and Herzegovina. The current Constitution is the Annex 4 of The General Framework Agreement for Peace in Bosnia and Herzegovina, also known as the Dayton Agreement, signed on 14 December 1995. The Constitution saw the end of war in Bosnia and Herzegovina, however it has seen a large amount of criticism. Under the supervision of international community, an "arrangement of amendments" to the Constitution, agreed upon by leading political parties, was proposed for adoption in the Parliamentary Assembly of Bosnia and Herzegovina in April 2006, but it failed to get the approval of two-thirds of members in the House of Representatives.

<span class="mw-page-title-main">Bakir Izetbegović</span> 6th Bosniak member of the presidency of Bosnia and Herzegovina

Bakir Izetbegović is a Bosnian politician who served as the 6th Bosniak member of the Presidency of Bosnia and Herzegovina from 2010 to 2018. He is the current president of the Party of Democratic Action (SDA).

<span class="mw-page-title-main">Romani people in Bosnia and Herzegovina</span>

The Xoraxane in Bosnia and Herzegovina are the largest of the 17 national minorities in the country, although—due to the stigma attached to the label—this is often not reflected in statistics and censuses.

<span class="mw-page-title-main">2010 Bosnian general election</span>

General elections were held in Bosnia and Herzegovina on 3 October 2010. They decided the makeup of Bosnia and Herzegovina's Presidency as well as national, entity, and cantonal governments.

<i>Sejdić and Finci v. Bosnia and Herzegovina</i>

Sejdić and Finci v. Bosnia and Herzegovina was a case decided by the Grand Chamber of the European Court of Human Rights in December 2009, in the first judgment finding a violation of Article 14 of the European Convention on Human Rights taken in conjunction with Article 3 of Protocol No. 1 thereof, with regard to the arrangements of the Constitution of Bosnia and Herzegovina in respect of the House of Peoples of Bosnia and Herzegovina, and a violation of Article 1 of Protocol No. 12 with regard to the constitutional arrangements on the Presidency of Bosnia and Herzegovina.

<span class="mw-page-title-main">Bijeljina massacre</span> Killing of civilians by Serb paramilitary groups in Bijeljina during Bosnian Civil War

The Bijeljina massacre involved the killing of civilians by Serb paramilitary groups in Bijeljina on 1–2 April 1992 in the run-up to the Bosnian War. The majority of those killed were Bosniaks. Members of other ethnicities were also killed, such as Serbs deemed disloyal by the local authorities. The killings were committed by a local paramilitary group known as Mirko's Chetniks and by the Serb Volunteer Guard, a Serbia-based paramilitary group led by Željko "Arkan" Ražnatović. The SDG were under the command of the Yugoslav People's Army (JNA), which was controlled by Serbian President Slobodan Milošević.

<span class="mw-page-title-main">Jakob Finci</span> Bosnian Jewish community leader and diplomat

Jakob Finci is a prominent Bosnian Jew, former ambassador, and the current president of the Jewish Community of Bosnia and Herzegovina.

<span class="mw-page-title-main">Ethnic cleansing in the Bosnian War</span> Deportations and persecutions that occurred during the Yugoslav Wars

Ethnic cleansing occurred during the Bosnian War (1992–95) as large numbers of Bosnian Muslims (Bosniaks) and Bosnian Croats were forced to flee their homes or were expelled by the Army of Republika Srpska and Serb paramilitaries. Bosniaks and Bosnian Serbs had also been forced to flee or were expelled by Bosnian Croat forces, though on a restricted scale and in lesser numbers. The UN Security Council Final Report (1994) states while Bosniaks also engaged in "grave breaches of the Geneva Conventions and other violations of international humanitarian law", they "have not engaged in "systematic ethnic cleansing"". According to the report, "there is no factual basis for arguing that there is a 'moral equivalence' between the warring factions".

Following the general election on 3 October 2010, a process of formation of Bosnia and Herzegovina's Council of Ministers had begun. The resulting election produced a fragmented political landscape without a coalition of a parliamentary majority more than a year after the election. The centre-left Social Democratic Party, the largest party in the Federation of Bosnia and Herzegovina, and the Bosnian Serb autonomist Alliance of Independent Social Democrats, the largest party in Republika Srpska, each had 8 MPs of the total 42 MPs of the House of Representatives. Similarly, a crisis of government was also present at the local levels, as well as the Federal entity.

<span class="mw-page-title-main">Proposed Croat federal unit in Bosnia and Herzegovina</span>

The Croat federal unit in Bosnia and Herzegovina, or Croat entity, also informally known as the third entity, is a proposed administrative unit in Bosnia and Herzegovina based on territorial federalism and ethnic self-determination. The proposal has been invoked by several political scientists, politicians and political parties, including the Croat National Assembly. So far it has not been discussed beyond the concept level. Since the country is divided into two entities, the Serb-dominated Republika Srpska and the Bosniak-majority Federation, Croats, as one of the three equal constitutive nations, have proposed creating a symmetrical Croat-majority territorial unit. Political advocates for such proposal argue it would ensure Croat equality and prevent electoral gerrymandering, simplify the political gridlock while dismantle overburdening administration. Opponents argue it would further divide the country on ethnic grounds thus breaching the constitutional principles, put non-Croats in a subordinate position, and lead to separatism.

Svetozar Pudarić was a Bosnian politician.

References

  1. 1 2 3 4 5 6 7 8 9 10 11 "World Report 2020: Rights Trends in Bosnia and Herzegovina". Human Rights Watch. 2020-01-15. Retrieved 2020-02-13.
  2. 1 2 3 4 5 6 7 Nardelli, Alberto; Dzidic, Denis; Jukic, Elvira (2014-10-08). "Bosnia and Herzegovina: the world's most complicated system of government?". The Guardian. ISSN   0261-3077 . Retrieved 2020-02-13.
  3. 1 2 3 Lampe, John R. "Bosnian War". Encyclopaedia Britannica. Retrieved 2020-02-20.
  4. 1 2 3 4 Gadzo, Mersiha. "Court fees and fear: Bosnia war rape victims struggle". Al Jazeera. Retrieved 2020-02-21.
  5. ↑ "Breaking the Cycle of Roma Exclusion in the Western Balkans". World Bank. Retrieved 2020-02-13.
  6. 1 2 "CASE OF SEJDIĆ AND FINCI v. BOSNIA AND HERZEGOVINA". European Court of Human Rights . 22 December 2009. Retrieved 2020-02-13.
  7. 1 2 Garms, Ulrich; Peschke, Katharina (2006-05-01). "War Crimes Prosecution in Bosnia and Herzegovina (1992–2002)". Journal of International Criminal Justice. 4 (2): 258–282. doi:10.1093/jicj/mql015. ISSN   1478-1395.
  8. 1 2 3 4 5 6 "World Report 2019: Rights Trends in Bosnia and Herzegovina". Human Rights Watch. 2018-12-21. Retrieved 2020-02-13.
  9. 1 2 3 United Nations Human Rights Council (2019-11-13). "Report of the Office of the United Nations High Commissioner for Human Rights: Compilation on Bosnia and Herzegovina". undocs.org. Retrieved 2020-02-13.
  10. ↑ "Bosnia and Herzegovina 2017/2018". Amnesty International. Retrieved 2020-02-13.
  11. ↑ Caucaso, Osservatorio Balcani e. "Media freedom watchdogs slams list of "unsuitable" journalists and NGOs in Bosnia Erzegovina". Osservatorio Balcani e Caucaso (in Italian). Retrieved 2020-02-21.
  12. 1 2 "Bosnia and Herzegovina". freedomhouse.org. 2015-04-21. Archived from the original on 2020-02-21. Retrieved 2020-02-21.
  13. 1 2 3 4 "Bosnia and Herzegovina". Platform to promote the protection of journalism and safety of journalists. Retrieved 2020-02-21.
  14. 1 2 3 "LGBT Rights in Bosnia and Herzegovina". Equaldex. Retrieved 2020-02-21.
  15. 1 2 3 "Young men attack gay festival in Bosnia". Reuters. 2008-09-24. Retrieved 2020-02-21.
  16. 1 2 3 "Bosnian capital holds its first ever Pride parade despite counter protests". The Independent. 2019-09-08. Retrieved 2020-02-21.
  17. 1 2 "Gender equality | Mission to Bosnia and Herzegovina | OSCE". osce.org . Retrieved 2020-02-13.
  18. 1 2 "Bosnian War rape survivors speak of their suffering 25 years on". The Independent. 2017-07-21. Retrieved 2020-02-21.
  19. 1 2 "Bosnia and Herzegovina". UN Women | Europe and Central Asia. Retrieved 2020-02-21.
  20. 1 2 "Mission to Bosnia and Herzegovina | OSCE". www.osce.org. Retrieved 2020-02-13.
  21. ↑ Freedom House (2022). "Country and Territory Ratings and Statuses, FIW 1973-2022" (XLS). Retrieved 10 March 2022.
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