COMMITTEE ON THE RIGHTS OF THE CHILD EXAMINES REPORT OF BOSNIA AND HERZEGOVINA
The Committee on the Rights of the Child today reviewed the initial report of Bosnia and Herzegovina on how that country implements the provisions of the Convention on the Rights of the Child.
Introducing the report, Slobodan Nagradic, Assistant Minister in the Ministry for Human Rights and Refugees of Bosnia and Herzegovina, said in the period since the adoption of the initial report, significant results had been achieved in Bosnia and Herzegovina which had important implications on the processes and effects of the promotion and protection of the rights of the child. Among these results were changes to the State's legislation, and a change in awareness on the significance of the rights of the child, the strengthening of the non-governmental sector, and the elaboration of numerous documents of strategic importance and reforms in the fields of education, social protection and health. Moreover, significant steps had been made in the area of raising awareness on the rights of the child and the obligations of the State and authorities to implement them, Mr. Nagradic added.
In preliminary remarks, Committee Expert Moushira Khattab, who served as Co-Rapporteur for the report of Bosnia and Herzegovina, thanked the delegation for the replies it provided and said it was obvious there was a keen interest in Bosnia and Herzegovina to advance the rights of the child. The Committee noted that the country was faced with several obstacles due to the problems of the war and its aftermath. Among other things, she said the Committee would recommend that the Government withdraw its reservation to the Convention; that it invest in more resources for children; and that it continue to address the special needs of refugee and displaced children, children formerly in armed conflict and trafficked children.
Other Committee Experts raised questions during the discussion pertaining to, among other things, the rights of Roma children; juvenile justice and correctional institutions for minors; domestic violence; religious instructions in the school system; internally displaced and refugee children; children in armed conflict; landmine awareness; adoption and social care centres; the State's education reform; and trafficking in human beings, including children.
The Committee will release its formal, written concluding observations and recommendations on the initial report of Bosnia and Herzegovina towards the end of its three-week session which will conclude on 3 June.
The delegation of Bosnia and Herzegovina consisted of representatives of the Ministry of Human Rights and Refugees of Bosnia and Herzegovina; the Ministry of Education of the Federation of Bosnia and Herzegovina; the Ministry of Labour and Social Protection of the Federation of Bosnia and Herzegovina; and the Permanent Mission of Bosnia and Herzegovina to the United Nations Office at Geneva.
As one of the 192 States parties to the Convention, Bosnia and Herzegovina is obliged to present periodic reports to the Committee on its efforts to comply with the provisions of the treaty. The delegation was on hand throughout the day to present the report and to answer questions raised by Committee Experts.
When the Committee reconvenes at 10 a.m. on Friday, 20 May, it will begin its consideration of the second periodic report of Nepal (CRC/C/65/Add.30).
Report of Bosnia and Herzegovina
The initial report of Bosnia and Herzegovina (CRC/C/11/Add.28) makes frequent reference to the war which took place in Bosnia and Herzegovina between 1992 and 1995 which resulted in numerous victims and war crimes committed against the civilian population, including against a large number of children. These events produced more than 1.2 million refugees, 420,000 of whom were children, and 1 million internally displaced persons, 250,000 of whom were children. According to the report, more than 200,000 people were killed during the war, of whom 22,000 were children; more than 240,000 people were wounded, more than 52,000 of whom were children, while 17,000 people are registered as missing. More than 17,600 disabled persons are registered, including 4,000 children. More than 38,000 children lost their parents, including 1,600 children who lost both parents. Many children have experienced concentration camps, and/or exposure to various forms of torture and rape, with lasting traumatic consequences. Due to the length of the war in Bosnia and Herzegovina and the social and economic situation in the post war period, serious challenges still exist for families and competent Entity institutions, especially in health, educational and social welfare institutions, in implementing the provisions on the best interest of the child to the extent possible.
New institutions in the legal system of Bosnia and Herzegovina that are important for the protection of rights and freedoms, and by extension the protection of children's rights, are the institutions of the Bosnia and Herzegovina Ombudsman, the Federation of Bosnia and Herzegovina and the Republika Srpska Ombudsmen, the Federation Court for Human Rights and the Republika Srpska Council for Human Rights, the report states. The implementation of the Convention and the supervision of its application are presently being carried out by relevant Entity ministries and cantonal ministries. At the Entity level, specialized institutions dealing with children's issues that would offer maximum protection for children in civil and criminal proceedings either do not exist or are merely in the process of being established. The best interest of the child in the field of education is reflected in the fact that the law guarantees compulsory and free elementary education for all children under equal conditions. The report also indicates that punitive measures cannot be imposed on a minor who has not reached the age of 14. Minors who are between 14 and 16 years of age at the time when the criminal act was committed may receive only corrective measures. Moreover, juvenile offenders will, as a rule, serve a prison sentence separated from adults. Special juvenile courts do not exist; however, all courts in the territory of the State party have councils for juveniles and, in first-instance courts, judges for juveniles. According to available data, aggravated theft is most prominent in the structure of juvenile offences.
It is believed that out of the total number of displaced persons in Bosnia and Herzegovina 250,000 are children. With the assistance of international humanitarian agencies and public health institutes, research and several programmes have been initiated in order to help the most vulnerable children, the report goes on to say. Due to the situation in Bosnia and Herzegovina during and after the war, the rights of refugee children are more adequately fulfilled than the rights of displaced children. This is primarily due to better financial conditions abroad, and to the higher level of development of the judiciary in host countries. Furthermore, all refugee children are included in compulsory education, and assistance includes the provision of school material, clothing, footwear, housing, food, and other forms of assistance.
Presentation of Report
SLOBODAN NAGRADIC, Assistant Minister in the Ministry of Human Rights and Refugees of Bosnia and Herzegovina, said Bosnia and Herzegovina completed its first initial report on its implementation of the Convention on the Rights of the Child four years ago. However, due to a number of domestic reasons, it was only submitted to the Committee in 2004. In the period since the adoption of the initial report, significant results had been achieved which had important implications on the processes and effects of the promotion and protection of the rights of the child. Among these results were changes to the State's legislation, and a change in awareness of the significance of the rights of the child, the strengthening of the non-governmental sector, and the elaboration of numerous documents of strategic importance and reforms in the fields of education, social protection and health. For the realization of the rights of the child in Bosnia and Herzegovina, among other things, the following laws were considered important: the State and Entity Framework Laws on Primary and Secondary Education; the Law on the Protection of Rights of Persons Belonging to National Minorities; the State and Entity Laws on Amendments of the Law on Refugees from Bosnia and Herzegovina and Displaced Persons; and the Rulebook on the Protection of Alien Victims of Trafficking. A range of other laws and bylaws had been adopted in the period after the adoption of the first report of Bosnia and Herzegovina.
Significant steps had been made in the area of raising awareness of the rights of the child and obligations of the State and authorities to implement them, Mr. Nagradic said. At the same time, authorities had adopted several documents, which dealt with the rights of the child. Among them were the Action Plan for Children of Bosnia and Herzegovina: 2002-2010; the Action Plan for Meeting the Educational Needs of Roma and Other National Minorities; and the National Strategy for Combating HIV/AIDS. He added that the first report of the State party was prepared by a team composed of experts from the Bosnia and Herzegovina Ministry of Human Rights and Refugees, Entity Ministries and pubic institutions, and a number of representatives of non-governmental organizations.
Discussion
Questions Raised by Experts
JOYCE ALUOCH, the Committee Expert who served as Rapporteur for the report of Bosnia and Herzegovina, noted that until 1992, Bosnia and Herzegovina was considered a medium-developed country and from 1992 to 1995 the country witnessed a brutal war after which the country entered into a stage of social and economic transition. She asked for more information on how the Convention on the Rights of the Child was applied in both the legislation of Bosnia and Herzegovina and in its court system.
Ms. Aluoch asked if the State had any intention of withdrawing its reservation to the Convention on the separation of a child from the parent, as referred to in article 9. Information was also sought on monitoring mechanisms for the implementation of the Convention, and if the Action Plan for Children of 2002 served that purpose. She also asked about the measures taken by the State to make parents aware of the statutory period by which they had to register their new born children and if this policy covered the entire country. With regard to the definition of the child, the Rapporteur asked for clarification on the age of criminal responsibility, the legal age of marriage, the period of compulsory education, and the legal age for purchasing tobacco and alcohol.
MOUSHIRA KHATTAB, the Committee Expert who served as Co-Rapporteur for the report of Bosnia and Herzegovina, noted the good will on the part of the Government to advance the rights of the children in the country. However, she said the State should take further steps to implement the Convention. She asked whether there was a possibility of establishing a Ministry for Children and about the allocation of resources in general for children, after noting that there had been reported discrepancies in spending in the fields of education and health. Also noted was the insufficient data and indicators in the report in a number of areas concerning child rights.
Ms. Khattab also raised questions on the efforts taken by the State party to combat discriminatory attitudes existing in the State, in particular against members of national minorities in terms of access to health and education services and practicing religion. The Co-Rapporteur referred to reports that in certain schools there were separate buildings and entrances for Croat and Bosnian children.
Several Experts asked questions pertaining to discrimination in Bosnia and Herzegovina. After drawing attention to the State's Plan to make education available to the Roma, an Expert noted that there was no general strategy for addressing the needs of Roma children. She asked for more information in this regard and about the legal position of Roma children. An Expert drew attention to the existence of many reports indicating that various ethnic groups lived in divided areas and asked for the Government's position on this. Other Experts asked about the State's policies to deal with discrimination against refugee children and other minorities.
While noting that the last time a census was conducted in Bosnia and Herzegovina was in 1991, an Expert asked whether the State had any intention of conducting another census. Other subjects raised by Committee Experts during the first round of questions related to birth registration; brutality and violence against children; education methods for parents and teachers to respect the views of children; mandatory religious instruction in schools; domestic violence; and support for children living below the poverty line. An Expert also asked for updated information on the State's demining programmes, given that some 300 children had died as a result of landmines in recent years.
Response by Delegation
Before responding to the questions posed by the Committee, the delegation noted that the Constitutional structure of Bosnia and Herzegovina was established through the Dayton Peace Agreement of 1995. As per the Agreement, the State was divided into two entities – the Federation of Bosnia and Herzegovina, comprising of mostly Bosnians and Serbs, and the Republika Srpska, comprising of mostly Serbs. According to the laws of Bosnia and Herzegovina, there were 17 minorities recognized; in addition, there were groups of people who did not identify with these 17 minority groups. Moreover, within Bosnia and Herzegovina there was also an administrative region for Brcko. When it came to child rights, the majority of the competencies were at the Entity level, some of which were transferred to the State level through coordinating bodies. In Bosnia and Herzegovina there were also four major religious groups – Islam, Orthodox, Catholic and Jewish. Due to the economic situation in Bosnia and Herzegovina there were several difficulties facing the State to fully implement the provisions laid out in international instruments. The delegation added that since 2000, there were a set of measures and documents adopted by the Government on the consequences of the war in different areas. The reconciliation process was ongoing. The Council of Children for Bosnia and Herzegovina was created as an advisory body working within the Council of Ministers. Moreover, two years ago the Press Council was established and it called on journalists to respect the provisions of the Convention and a code of conduct on discrimination.
In response to questions raised on Roma children, the delegation said the Roma population was the largest minority in Bosnia and Herzegovina; although no exact numbers were known, it was estimated that the Roma population amounted to between 30,000 and 60,000. There were some 40 non-governmental organizations working in Bosnia and Herzegovina on Roma affairs. Roma children faced the greatest difficulties compared to other children as well as enormous prejudices. The Council of Ministers adopted a framework plan four years ago to resolve problems facing Roma. There was also the Action Plan on Education for Roma.
As for the implementation of the Convention within the legal framework, the delegation said within the Constitution of Bosnia and Herzegovina, international standards were senior to national laws, including the Convention on the Rights of the Child, although the number of cases where courts invoked the Convention was very few.
Concerning the age of criminal responsibility, the delegation said the laws of the State made a distinction between child juvenile offenders less than 14 years of age and senior juveniles between 14 and 16; for this latter age group, a criminal punishment could be applied, and for those under 14, lesser punishments were applied. Moreover, the State's Criminal Procedure Code of 2003 envisaged social protection for minors in conflict with the law.
With regard to birth registration, the delegation noted that after the war the State was faced with great difficulties in registering births. The deadline of 60 days had to do with assigning a name to the newborn baby. The State was currently implementing an identification process to provide for a more simple procedure for birth registration, as well as issuing identification cards. There were, however, financial constraints to implement this effectively.
In response to questions on education, the delegation said the law on primary and secondary education adopted in July 2003, established a nine-year primary compulsory education for children. All children from the age of six were obliged to enter the school system. As to the education of religion in schools, there were different entity laws on this matter. With the adoption of the law on primary and secondary education, religious instruction in the classrooms was emphasized in that schools were prohibited from placing any obstacles to the freedom of religion. The principle of non-discrimination in the classroom in general was strengthened by this law. The content of different religions was incorporated into various subjects being taught in schools providing an opportunity for students to learn about religions other than their own.
The rate of pre-school enrolment for children at that age stood at four to five per cent, the delegation said. This low enrolment rate was due to financial factors since this level of education was not free of charge in Bosnia and Herzegovina. A problem posed in the field of education was the quality of teachers. Some qualified teaching staff, who had fled the country during the war, had been returning to Bosnia and Herzegovina and their former positions as teachers. With regard to the district of Brcko, the delegation noted that the overall population stood at 75,000, of which 7,600 were students attending 16 primary schools and 3,300 attending four secondary schools. Following the Government's legislative reform efforts, there were 36 basic harmonized laws which regulated primary and secondary education schools.
Questions Raised by Experts
Subjects raised by Committee Experts during the second round of questions included the rate of violence against returning refugees and internally displaced persons; adolescent health, given the high rate of alcohol abuse among adolescents; the State's measures to combat HIV/AIDS; children in armed conflict and conscientious objectors; juvenile courts, the increase in the number of juvenile offences, and correctional measures in general; and children living in poverty.
An Expert also asked what the State was doing to encourage school drop outs to return to school. On the subject of health services, an Expert noted that some 59 per cent of the children in Bosnia and Herzegovina were not covered by medical insurance schemes, and asked what was being done in that regard.
Several Experts requested additional information on the process of reconciliation for the war and how it had applied to children, as well as the measures taken by the State to address the psychological needs of children who were affected by the war.
Response by Delegation
With regards to returning refugees and displaced persons, the delegation said there were not as many problems at present as there were in 2000. Based on a review conducted by the Government of Bosnia and Herzegovina and UNHCR, more than two million people had moved from their homes during the war. In 2005, the return of property to refugees and displaced persons was nearly finalized. The issue of security was no longer the reason not to return to home, but rather the reason was of an economic nature; much of the infrastructure was destroyed during to the war, including schools and hospitals. Among other things, a fund for returnees had been established which provided resources for the reconstruction of houses for returnees. In addition, reconciliation processes were underway through education and awareness raising projects which addressed multi-cultural and multi-religious issues.
Concerning domestic violence involving children, the delegation said there was an increase in such violence in Bosnia and Herzegovina, though it was more prevalent in poorer areas in society. To deal with this dilemma, the Government had conducted awareness campaigns for the public and a number of action plans and strategies were developed, among other things.
With regard to children in armed conflict, the delegation indicated that the Government was working on abolishing mandatory military service as currently called for by the law. This new initiative was expected to be finalized by the end of this year.
In response to a question on juvenile justice, the delegation noted that the correctional institutions for juveniles that existed before the war were destroyed during the war. Therefore, juvenile offenders were sent to adult prison facilities if sentenced. At present, there were 15 juveniles currently serving prison sentences ranging from one to five years. Moreover, there were no special courts for juveniles. However, there were special juvenile judges working specifically on such cases for which special training was afforded. Juvenile offenders were also provided with free legal assistance. The State sought to re-establish correctional facilities for juvenile offenders, but presently financial resources were lacking.
With regard to health matters, the delegation noted that Bosnia and Herzegovina was intensifying its efforts to introduce family doctors as an effort to strengthen the unit of the family. There were also a number of psychological counselling institutions to cater to those who had been traumatized by the war. Basic health care was accessible to everyone in the territory of Bosnia and Herzegovina.
On budget matters, the delegation said financial allocations for social services were minimal. In an effort to improve the situation, a number of reforms were underway with the intention to increase the level of resources for the most essential social services. A number of international organizations had been assisting in this regard. As a result, social work centres were often faced with great burdens due to the lack of financial and human resources.
Concerning adoption, the delegation said in practical terms, there were two family laws being applied – one in the Federation of Bosnia and Herzegovina and the Brcko district, and the new family law of the Republika Srpska, passed in 2002. These two laws had provisions for the procedures for adoption and both allowed foreign citizens to adopt children from Bosnia and Herzegovina. A child could only be adopted if it was in the best interest of the child and if all other possibilities had been exhausted. In response to a comment made by an Exert that during 2003 only three adoptions were recorded to have taken place, the delegation said efforts were being taken to establish a single database to register all adoptions. The actual number of adoptions was higher than had been reflected. As for the children who left the country as refugees and were adopted abroad, data was not available, the delegation added. During and immediately after the war, a great number of children from Bosnia and Herzegovina were placed in different countries abroad, many of whom were without parental care. Information about these children was also lacking. Following the war, there were a number of non-governmental organizations dealing with this issue, but that number had since dropped.
Social care centres did not always provide the best possible services for children in need, the delegation stated. These centres made decisions on whether a child would be temporarily separated from a parent in their best interest. If a centre discovered that a child had been neglected or abused, it could submit a request to the courts to deprive a parent of their parental rights which resulted in a court decision to deny parental rights. Moreover, each of these cases were reviewed by an expert team made up of psychologists, paediatricians, social workers and lawyers, among others. In all cases of abuse, the centre was obliged to carry out investigations and to take further measures where applicable.
In response to the question on landmines, the delegation said there was a national agency dealing with landmines during the post-war period. The objective of the agency was to increase awareness of landmines among the public, and in particular children in primary and secondary schools. De-mining campaigns were also being conducted to warn the public of the danger of landmines. As a result of national efforts, the number of landmines victims has been decreasing year after year.
With regard to the trafficking in human beings, including children, the delegation said since 1999 a number of activities had been established to address this problem. The Ministry of Human Rights and Refugees in 2000 adopted a national plan for combating trafficking in human beings and illegal migration. The crime of trafficking in human beings had also been introduced into new laws and the post of a State Coordinator had been created to focus on this problem. Cooperation with non-governmental organizations and a number of international organizations was also initiated and was continuing. A number of key institutions had also been linked to work together towards the common goal of eradicating this type of organized crime. A special plan was created to protect children from this crime. Moreover, training for judges, prosecutors, police officers, and migration officials, among others, was being conducted.
Preliminary Observations
MOUSHIRA KHATTAB, the Committee Expert who served as Co-Rapporteur for the report of Bosnia and Herzegovina, thanked the delegation for the replies it provided and said it was obvious there was a keen interest in Bosnia and Herzegovina to advance the rights of the child. The Committee noted that the country was faced with several obstacles due to the problems of the war and its aftermath.
Among other things, the Committee would recommend that the Government withdraw its reservation to the Convention; ensure the implementation of every piece of legislation that was enacted; invest more resources for children; establish a permanent channel of communications with civil society; consolidate its methods of birth registration; and that it ratify The Hague Convention concerning adoption. Other areas of concern included domestic violence; children with disabilities; teenage and adolescent health; education and health; the special needs of refugee and displaced children; children in armed conflict; sexual exploitation of children; and trafficking in children.
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