Experts of the Committee on the Elimination of Racial Discrimination Commend Bosnia and Herzegovina’s Statelessness Policy, Ask Questions on the Education of Roma Children and Attacks on Returnees
The Committee on the Elimination of Racial Discrimination today concluded its consideration of the combined fourteenth and fifteenth periodic report of Bosnia and Herzegovina, with Committee Experts commending the State’s statelessness policy, and asking questions on the education of Roma children and attacks on returnees.
A Committee Expert congratulated the State party on measures taken to address statelessness. Bosnia and Herzegovina had only 12 stateless persons on its territory, reflecting an effective statelessness policy that could be followed by other States, the Expert said.
Chinsung Chung, Committee Expert and Country Rapporteur, said the number of Roma children enrolled in and attending pre-school, primary and secondary education remained very low. What measures were in place to increase the school enrolment rate and to combat school dropouts among children from the Roma community?
Jian Guan, Committee Expert and Country Co-Rapporteur, said returnees, who had returned to the State after being displaced during the Bosnian war, faced not only hate speech and physical attacks, but also discriminatory recruitment practices in public and private sectors. What measures had the State party taken to address these issues?
Kemo Sarač, Ministry for Human Rights and Refugees of Bosnia and Herzegovina and head of the delegation, noted that during the reporting period, laws prohibiting discrimination and promoting freedom of religion and gender equality had been adopted.
The delegation confirmed that 12 persons were registered in the stateless register and processes were underway to resolve their situation. All levels of Government were required to implement the 1961 Convention on the Reduction of Statelessness.
Under the action plan for the inclusion of the Roma for 2021 to 2025, the delegation said funds had been allocated to the education sector to support the Roma, including to improve Roma children’s access to preschool education. A review of textbooks had been carried out to remove stereotypes of the Roma and include information on their culture. An optional course on Roma language had been developed in one region.
Attacks on returnees unfortunately persisted across the territory of the State, the delegation said. The Minister of Human Rights and Refugees had visited all refugees who had been attacked, and the Council of Ministers was urging local communities to work to prevent attacks against returnees.
In concluding remarks, Ms. Chung said she appreciated the fruitful dialogue with Bosnia and Herzegovina, where there had been intensified tension among the ethno-religious groups and revisionism recently. Ms. Chung expressed hope that Bosnia and Herzegovina could overcome the various barriers it faced and achieve stability and promotion of human rights in all its territories.
Mr. Sarač, in concluding remarks, thanked the Committee Experts for recognising the situation in Bosnia and Herzegovina and for the assistance provided to the State through their recommendations. The dialogue had been constructive and would contribute to improving human rights protections in Bosnia and Herzegovina.
The delegation of Bosnia and Herzegovina consisted of representatives of the Ministry for Human Rights and Refugees; Ministry of Justice; Communication Regulatory Agency; Ministry of Civil Affairs; Office of the Coordinator of Bréko District; and the Permanent Mission of Bosnia and Herzegovina to the United Nations Office at Geneva.
The Committee will issue its concluding observations on the report of Bosnia and Herzegovina after the conclusion of its one hundred and thirteenth session on 23 August. Summaries of the public meetings of the Committee can be found here, while webcasts of the public meetings can be found here. The programme of work of the Committee’s one hundred and thirteenth session and other documents related to the session can be found here.
The Committee will next meet in public on Tuesday, 13 August at 3 p.m. to consider the combined twenty-fourth to twenty-sixth periodic report of the United Kingdom (CERD/C/GBR/24-26).
Report
The Committee has before it the combined fourteenth and fifteenth periodic report of Bosnia and Herzegovina (CERD/C/BIH/14-15).
Presentation of Report
KEMO SARAČ, Ministry for Human Rights and Refugees of Bosnia and Herzegovina and head of the delegation, said Bosnia and Herzegovina was a complex country with a complex governance structure that affected its efforts to integrate into Europe and protect human rights. Discrimination on all grounds had been prohibited. Laws prohibiting discrimination, and promoting freedom of religion and gender equality had been adopted. A law had also been adopted establishing the National Ombudsman and the national preventive mechanism. The budget for the Ombudsman had been increased for three years in a row. Work was underway to align national laws with the law on prohibition of discrimination, and a set of guidelines had been developed on aligning laws with the law on prohibition of discrimination. A national strategy for implementing the law had also been developed.
The Council of Ministers had adopted a strategic document on combatting hate speech. The Code on Commercial Communications had been revised in 2023 to address hate speech. The police had opened several cases committed out of hatred in 2023.
An action plan for the social inclusion of the Roma that started in 2021 continued to be implemented. The Government had developed a draft law on the recognition of national minorities.
The Government was promoting equal access to employment for returnees and asylum seekers. There were incidents of attacks on returnees, so the Government had adopted measures to protect returnees from such attacks and discrimination. There were currently four acceptance centres that housed asylum seekers.
There were gaps in the implementation of the Committee’s previous recommendations, including regarding asylum seekers and transitional justice, but the State party was hopeful that the Committee would recognise the progress made over the reporting period.
Questions by Committee Experts
CHINSUNG CHUNG, Committee Expert and Country Rapporteur, welcomed progress made regarding the implementation of the Convention in the State party, in particular regarding the situation of migrants and asylum seekers, and measures taken in the field of intercultural and inclusive education, as well as in the collection of data in relation to hate crimes. However, ethno-religious tension continued, and the marginalisation of ethnic minorities had not improved.
In 2018, the Committee recommended that the State party include in its Criminal Code all the grounds for discrimination and a provision on racist motives as an aggravating circumstance. It also called on the State party to amend its criminal legislation to fully comply with the provisions of article four of the Convention. The State party had reported that a working group had been established to improve the Criminal Code. What progress had it made in including a provision prohibiting organizations that promoted racial discrimination and participation in their activities?
The State party’s report mentioned that a data collection system on the implementation of the law on the prohibition of discrimination was in the final phase. Had it since been finalised? What training on the law had been carried out for judges, lawyers and law enforcement officials? How was the public made aware of the law? The 2016 amendments to the law appeared to not be adequately enforced. What progress had been made in the implementation of the law?
The decentralised governance system had given rise to uneven laws and policies and different levels of institutional protection, which affected the enjoyment of rights. What steps had been taken to harmonise legislation and policies to ensure that everyone, without discrimination, had access to equal rights irrespectively of their ethnic identity and place of residence?
Republika Srpska adopted an election law in May 2024, which created a parallel electoral management system. While the Constitutional Court suspended this law in July, the President of the entity stated it would be implemented and he had been discrediting the Central Election Commission. As municipal elections were scheduled for 6 October 2024, this was causing significant concerns. What measures were being taken to address this problem? What progress had been made in implementing Constitutional Court decisions in recent years?
Under the State Constitution, only persons belonging to Bosnia and Herzegovina’s “constituent peoples”, that is, Bosnians, Croats and Serbs, could be elected to the House of Peoples and the presidency. Would the State amend discriminatory provisions in the Constitution and electoral legislation with a view to ensuring the equal enjoyment of the right to vote and to stand for election by all citizens, irrespective of ethnicity? Had the State party taken concrete measures for fully implementing the decisions of the European Court of Human Rights in this regard? What training and awareness raising campaigns on the Convention and anti-discrimination measures had been carried out?
Hate speech, notably targeting people based on ethnicity and religion, reportedly remained widespread across Bosnia and Herzegovina. In a 2021 study, 14.6 per cent of male respondents and 13.9 per cent of female respondents reported having experienced hate speech online or offline in the previous 12 months. Also, 26 per cent of young respondents considered that expressing hate should be permissible. Could the State party respond to these statistics? How many cases of racially motivated crimes, including verbal and physical attacks, had been lodged, and how many investigations, prosecutions, convictions, and sentences were there over the reporting period?
Some political leaders had engaged in hate speech and divisive rhetoric. Some politicians had used racist hate speech during public debates, and denied the genocide and war crimes committed during the Bosnian war in the 1990s. What was the delegation’s position on this? The President of the Republika Srpska entity had been increasingly threatening secession, often making unfounded, derogatory claims regarding Bosnians and migrants and refugees. Would the State establish specific measures to combat racist hate speech by politicians and public figures?
A context of negative and racist rhetoric continued to be persistent in the territory, and there were no investigations and prosecutions of racist hate speech cases. There was hostile political rhetoric towards some civil society actors. What impact had the action plan on human rights education of journalists and media professionals had in relation to hate speech and hate crimes? There were concerns that the next municipal elections, scheduled for 6 October 2024, could be particularly tense and divisive. Did the State have a plan to overcome the tension?
Prejudices and discrimination against Roma remained deeply entrenched and Roma were a main target of hate speech and hate crimes. There were also instances of anti-Semitic hate speech, particularly in sports. What measures had been taken to combat hate speech based on ethnicity and religion? Such hate speech, including the glorification of war criminals, had been amplified by social media. Online platforms were often used to incite hatred and spread fake news. What measures were in place to prevent and combat racist hate speech and incitement to hatred, including in the media and online? Did the police investigate these incidents and punish responsible persons?
What measures would the State party take to facilitate access to justice and effective remedies for victims of racial discrimination? What convictions, sanctions if appropriate, and reparations had been granted to victims in cases of racial discrimination? Racial profiling against ethnic and national minorities was reportedly widely carried out, including against migrants during border control operations. What measures had been adopted to ensure that police and other law enforcement officers did not engage in racial discrimination, including racially motivated violence and practices that amounted to racial profiling?
Responses by the Delegation
The delegation said the Criminal Code in Bosnia and Herzegovina was not yet harmonised with article four of the Convention. The working group on harmonisation had yet to be formed. However, the Bréko district had amended its local legislation to ensure that all persons who engaged in hate speech would be fined or sentenced to prison for three years. Persons who damaged public monuments or graves would be imprisoned for one to eight years.
All the institutions of the State were obliged to collect records on cases of discrimination and distribute them to the Ministry for Human Rights and Refugees. The Ministry published an annual report on discrimination and a rulebook on data collection regarding discrimination. This had helped to address gaps in data collection.
Many decisions of the Constitutional Court had been implemented and others were pending implementation. An action plan had been developed for the implementation of the judgements of the European Court of Human Rights to promote equality and non-discrimination. The Republika Srpska entity, as with other entities, could not implement legislation that ran counter to the Constitution.
The Council of Ministers had adopted a document on mapping responses to hate speech. The document helped to raise awareness of hate speech and presented data on hate speech in Bosnia and Herzegovina. The Communication Regulatory Agency had issued a protocol stipulating that media content should not incite discrimination or hate on the basis of ethnicity, gender or other characteristics. All forms of online hate speech had also been prohibited. The State party would work to fully implement this protocol. A campaign had been developed towards this end. Focal points had been established in law enforcement agencies to monitor attacks on journalists and media personnel to ensure that such attacks were investigated.
The Centre for Education of Judges and Prosecutors had been carrying out permanent training on discrimination against minority groups and raising awareness of human rights. It had implemented 14 trainings on these topics in 2023. Civil servants were trained on the law on the prohibition of discrimination and gender equality.
Questions by Committee Experts
CHINSUNG CHUNG, Committee Expert and Country Rapporteur, said the draft “foreign agent” law of the Republika Srpska restricted the activities of civil society organizations and their access to foreign funding. What was the status of this law? There were reports that not everyone could access their right to peaceful assembly, particularly in Republika Srpska. Were these reports accurate?
One Committee Expert welcomed that the State was transposing the provisions of the Convention into domestic law. Could the Convention be invoked by domestic courts?
Another Committee Expert asked how many times the law on hate speech had been invoked in courts. Were there laws banning hate speech in sports? A video had circulated of Bosnian supporters engaging in hate speech against Jewish persons in a recent football match. Could the Ombudsman represent victims in court?
A Committee Expert said that only a few cases of discrimination were reported each year. Several administrative burdens were placed on refugees. Only 50 per cent of recommendations of the Ombudsman were being implemented. What was the delegation’s position on these issues?
Responses by the Delegation
The delegation said the law on foreign agents had been adopted in Republika Srpska, but there had been no criminal cases invoking this law. The State party had not received any complaints regarding attacks on journalists. However, there had been 17 cases related to hate speech since 2022. In seven of these cases, fines had been issued. Investigations into the remaining cases were ongoing. A law on transparency of media ownership was being drafted to strengthen the regulation of the media and combat hate speech online. The State had not received complaints of hate speech in the context of sports.
There were nine cases in which the law on hate speech had been invoked in courts. The Constitution incorporated 15 international human rights treaties. These could be invoked directly by courts. The Ombudsman could participate actively in court cases and provide their own non-binding recommendations. Synergy between the Government and the Ombudsman would help to improve the representation of the Ombudsman in the courts.
Most refugees who left their homes 20 years ago had since returned to them. The State party had worked to construct dwellings for refugees, returnees and displaced persons. Such persons had opportunities to work in internships in local companies in returnee zones, with a view of finding jobs for them. The European Convention for the Protection of Human Rights was directly applicable in Bosnia and Herzegovina and refugees residing in the State could make complaints on the grounds of this convention. The recommendations of the Ombudsman in relation to the rights of migrants had been well implemented. The State party was working to preserve the dignity of migrants.
Questions by Committee Experts
JIAN GUAN, Committee Expert and Country Co-Rapporteur, said the Human Rights Ombudsman was a national level institution with “A” status under the Paris Principles. The Committee’s previous concluding observations put forward some proposals regarding improving the work of the institution. Mr. Guan expressed delight that some measures had been taken by the State party in this regard, such as the amendment to the Human Rights Ombudsman law last year. However, the Ombudsman’s recommendations were not fully implemented by the statutory public sectors and other entities. Capacity building of the Ombudsman also needed to be strengthened and its promised budget was not being timely and fully delivered, affecting the function and operation of the institution. What measures had the State party taken to address these issues?
How many human rights defenders were working on combatting racial discrimination in Bosnia and Herzegovina? What was the state of their working environment? How many registered civil society organizations on human rights protection and anti-racial discrimination were there in the State? Where did their funding come from? Did they establish cooperative relationships with the Ombudsman?
In the 2013 census, people were required to identify with one of the constituent peoples or as “others”. Less than three per cent of the population identified as “others”. In addition, statistical data on the Roma was not reliable in the 2013 census. Was a review carried out after the census was completed? How was statistical data in human rights reports collected? When would the next census take place?
The Committee urged the State in its previous concluding observations to address the issue of sustainable returns for returnees. The State party had reported that it would impose criminal penalties on those preventing the return of returnees, and would also ensure the protection of the property rights of returnees through applicable laws. The Committee welcomed the efforts made by the State party to protect the rights of returnees, including the sustained financial support provided for the resettlement of returnees and the material assistance provided in rebuilding their homes.
However, there were still difficulties in the implementation of the Committee’s concluding observations. When returnees changed their place of residence to a different entity, they lost the entitlements and benefits provided by their former entity of residence. Returnees also lacked a safe and welcoming environment, resulting in de facto marginalisation and isolation. They faced not only hate speech and physical attacks, but also discriminatory recruitment practices in public and private sectors, which affected their integration and inclusion into local society. What specific plans and goals had been developed to improve the living conditions of returnees? What specific achievements had been made by thematic meetings on returnees? What measures had the State party taken to address racial hate speech and physical attacks against returnees? Could specific case data on such attacks be provided?
Responses by the Delegation
The delegation said there was no legislation in the State that recognised the rights of human rights defenders. There were laws that addressed institutions offering legal aid. Several offices had been established that offered free legal aid, including for persons against whom criminal proceedings were underway. A protocol on protection of human rights defenders had been developed in 2018, based on which a working group had been established. This working group had prepared an action plan for the implementation of the protocol. The working group had held four meetings this year on the implementation of the action plan. It had also developed training for law enforcement officers on the rights of human rights defenders. In 2020, it developed guidelines for State institutions on defending the rights of human rights defenders, including women human rights defenders.
In 2017, a national preventive mechanism was established, and the promotion of human rights was included in the mandate of the institution of the Ombudsman. The Government would not reduce the budget for the Ombudsman, which had been continually increased in recent years to ensure the efficiency of its functioning. There had been an almost 50 per cent increase in the budget of the Ombudsman over the last three years. The Ministry of Human Rights and Refugees intended to start proceedings against institutions that did not comply with the recommendations of the Ombudsman. All institutions were obliged by law to cooperate with the Ombudsman. Budgets were planned every year but the Ombudsman had the ability to plan funds for activities over a three-year period.
The State party did not have information on how non-governmental organizations were financed. Such organizations could apply for public tender to receive funds for their activities.
There were no deadlines concerning the repatriation of returnees. They could apply for repatriation at any time. Attacks on returnees unfortunately persisted across the territory of the State. The delegation did not have information on whether criminal proceedings had been started against attackers. The State had updated the database on crimes against refugees. There were no cases of such crimes before judicial bodies. The Minister of Human Rights and Refugees had visited all refugees who had been attacked. The Ministry was developing measures to increase protections for refugees.
Persons were not obliged to give details on ethnical or national identity in the census. According to the 2013 census, there were around 19,000 Roma families in the State. There was an action plan in place for the inclusion of the Roma. The State party was developing a rulebook on the collection of data on the Roma population to improve this data. The State was working to legalise Roma dwellings and modifying its working methods to account for the Roma’s nomad lifestyle.
Questions by Committee Experts
JIAN GUAN, Committee Expert and Country Co-Rapporteur, asked why the census had not taken place in 2023 as planned, and when the next census would be held. What were the most difficult problems faced by the State party concerning the return of returnees? Mr. Guan said the 2013 census was very comprehensive.
One Committee Expert said there was underreporting of attacks on returnees. What measures were in place to facilitate reporting? Was the Roma’s nomadic life the only difficulty faced by the State party regarding data collection, or were there others?
CHINSUNG CHUNG, Committee Expert and Country Rapporteur, said public funding support was reportedly not provided to foreign non-governmental organizations. Was this true? Republika Srpska had continuously ignored warnings from Special Procedures mandate holders and civil society regarding its draft law on foreign agents. This law had been withdrawn, but the President of the entity had said that the law would be put forward again after it was harmonised with European standards. Could the delegation explain this? Would the State party ensure adequate alternative accommodation for displaced Roma, including persons who had been evicted or had their homes destroyed? Were cases of hate speech by public officials publicly condemned? There was a draft law in place that proposed a ban on cutting the Ombudsman’s budget. Had this been adopted?
A Committee Expert asked whether the State could transform the protocol on the protection of human rights defenders into a law. The Ombudsman had three sub-institutions, which made its decision-making procedure complicated. How did the three Ombudspersons ensure that they did not encroach on the others’ powers?
One Committee Expert asked if there was a regulatory mechanism that monitored online hate speech and identified instigators of hate speech?
Responses by the Delegation
The delegation said that the drafting of the methodology for the next census was underway. Once this had been completed, the State would commence the census in the coming period.
The biggest problem for returnees was the difficulty they faced in accessing employment. The Council of Ministers was urging local communities to work to prevent attacks against returnees.
Only a limited number of people had started criminal proceedings related to hate crimes. The Government was working to raise awareness of legislation on such crimes to increase the number of complaints lodged. There were no reports of hate speech by public officials. The Communication Regulatory Agency could impose sanctions, fines and suspensions for hate speech and revoke media licences. The body obliged all media organizations to apply standards of respect for all ethnicities. There was a lack of legislation on registration of online media, which inhibited the Government’s ability to prevent the spread of hate speech online. Police officers were working to identify criminal offences online and bring perpetrators to justice.
The State party aimed to implement a database on the Roma population. Cooperation between the State and police agencies to support the Roma was already at a high level. The displaced Roma population could be repatriated to their previous residences and there had been several cases of repatriation of such persons. There was no discrimination in the repatriation policy. However, there were issues concerning the integration of the Roma community into society and the protection of this community.
The Republika Srpska law on foreign agents had indeed been retracted. The delegation would seek answers from the entity regarding allegations that it had ignored the recommendations of the Special Procedures mandate holders.
State legislation did not yet recognise the special status of human rights defenders. The protocol on human rights defenders and the working group on the implementation of the protocol were steps towards the establishment of such legislation. The working group was working to promote the rights of female human rights defenders and enhance their position in society.
The Ombudsman’s decision-making process was complex. All three Ombudspersons needed to approve reports drafted by the institution. The law on the Ombudsman, which prevented the institution’s budget from being cut, was adopted in 2023.
Questions by Committee Experts
CHINSUNG CHUNG, Committee Expert and Country Rapporteur, said the Committee had strongly recommended in 2018 that Bosnia and Herzegovina take measures to overcome ethnic tensions. However, ethno-nationalist parties continued to dominate governance structures at all levels in the State, thereby perpetuating identity-based politics and related discriminatory practices. Especially since 2021, the political climate had significantly deteriorated, with multiple crises described by observers as the most serious since the end of the 1992 to 1995 conflict. Republika Srpska was actively subverting the State of Bosnia and Herzegovina, its competences and institutions, and thus the General Framework Agreement for Peace. What measures had been taken to settle this situation?
In May 2024, the President of Republika Srpska announced a proposal for “peaceful separation” that became public in June. In what context was this proposal made, and what were its future prospects? The State had applied for the European Union’s peace-building funds two years ago. Had it received this funding?
What progress had been made by the strategy for the promotion and protection of the rights of members of national minorities (2020–2024)? Had there been any initiatives to revise the Dayton Peace Agreement, and had such initiatives included civil society? The participation of ethnic and national minorities in political life was limited in Bosnia and Herzegovina. They were only placed at the Council of National Minorities of the State, entities and lower levels, but these were advisory bodies with no authority. What were the make-up and functions of the Council of National Minorities and other councils, and how did they participate in decision making processes? For many years, the number of reserved seats for councillors from among national minorities had been decreasing. Could more information be provided on the initiative to prevent the misuse of the status of national minorities and improve the election process, which was sent to the Parliamentary Assembly on 24 July 2024? How would the State party improve the political representation of minorities?
In some cantons in the Federation of Bosnia and Herzegovina, the practice of “two schools under one roof” had not been abolished. This practice was still operating in over 50 schools and children from different ethnic groups continued to have different curricula. Most schools in the State were mono-ethnic or largely mono-ethnic. The education system remained divided, presenting differing versions of history, including about the conflict. What measures had been taken to overcome all forms of segregation in the education system and further develop a common basic curriculum and a more inclusive education system for all children?
There was also no possibility of learning ethnic and national minority languages. According to the 2013 census, about three per cent of the population declared themselves to be members of one of the 17 minorities. Out of those, only 1.57 per cent stated that they spoke their mother tongue. There were several television and radio programmes representing national minorities and reporting on the work of their associations, as foreseen by the Public Broadcasting regulations. However, these programmes were not broadcast in national minorities languages. Moreover, in recent years, some media outlets had supressed such programmes due to a lack of funds. What measures had been taken for ethnic minorities to receive education and broadcast programmes in their own languages?
What measures were being taken to address systematic barriers to healthcare access, such as language and cultural barriers, for ethnic and national minorities? What human rights training with a focus on racial discrimination and stigmatisation was provided for healthcare officials? Challenges persisted regarding the birth registration of Roma children and children of migrants, asylum seekers and refugees. What measures had been adopted to prevent statelessness and ensure access to birth registration for members of other ethnic and national minorities?
The plan of action for the social inclusion of Roma for 2021-2025 was adopted in 2022. There were also local plans of action for Roma in some local government units. However, there was an absence of accurate data on the Roma, hindering the design of adequate responses and budgeting. What resources had been allocated to ensure the implementation of the plans? The number of Roma children enrolled in and attending pre-school, primary and secondary education remained very low. Only two per cent of Roma children attended the mandatory preschool programmes and less than one per cent of Roma children between the age of three and six were enrolled in early childhood education and care. What measures were in place to increase the school enrolment rate and to combat school dropouts among children from the Roma community?
Healthcare services, including immunisation services, were not fully accessible to Roma communities due to limited access to facilities, discrimination, and cultural factors. Around 30 per cent of Roma did not have health insurance in 2017 and only four per cent of Roma children were fully vaccinated compared to 68 per cent of the population. How was the State party addressing this? There was also a lack of vocational training for the Roma, as well as prejudice and stereotypes of the Roma in the business sector. What measures were being taken to combat these difficulties?
Responses by the Delegation
The delegation said senior public officials used inflammatory rhetoric as a political tactic. Criminal proceedings had been started against certain persons who used such rhetoric. More precise information would be provided when proceedings concluded. In the upcoming period, a fund would need to be established to promote peacebuilding.
A regional conference on cooperation with national minorities was held in March 2024, attended by high-level officials. After the conference, plans were developed for the first national conference. Based on discussions, a draft bill on the prohibition of discrimination of national minorities had been created, which the Government hoped would be adopted soon. The Council of National Minorities had been set up as a special body of the Parliament to provide policy guidance concerning national minorities. Representatives were chosen from associations of national minorities, with representatives from each national minority included. Regional councils were formed in all regions where minorities made up at least three per cent of the population.
Special funds had been allocated for the action plan for the inclusion of the Roma for 2021 to 2025. Under the plan, the State aimed to build and renovate housing for the Roma and support their employment. Funds had been allocated to health and education sectors to support the Roma, including to improve Roma children’s access to preschool education and immunisation. An awareness raising campaign on immunisation targeting the Roma had been carried out. A review of textbooks had been carried out to remove stereotypes of the Roma and include information on their culture. An optional course on Roma language had been developed in one region.
Minorities had the right to participate in elections at all levels. The Council of Ministers had an advisory body dedicated to promoting issues related to the Roma, including political representation.
In February this year, the governing board for the peacebuilding fund was formed. The State aimed to use the fund to strengthen community cohesion and the rights of youths and women. Various activities promoting peace were planned up to 2026 under this project.
Discrimination on ethnic grounds was prohibited, including in schools. The Council of Ministers had developed a roadmap to inclusive education in 2020. Educational authorities were committed to implementing this roadmap, which promoted quality education for all. Educational authorities had agreed on a statement on transforming education in 2023, which promoted increasing access to all levels of education and inclusive education. The State party was developing action plans to implement the statement.
Questions by Committee Experts
CHINSUNG CHUNG, Committee Expert and Country Rapporteur, said ethnic tension originated with political leaders. Ordinary people lived together with other ethnic groups peacefully, but leaders were inciting hatred and spreading false narratives about the conflict. The State party needed to address such hate speech first. Ms. Chung said she was surprised by the misuse of political seats reserved for national minorities by members of the “constituent peoples”. Why had the Government not responded properly to this? What measures would the State party take to prevent the misuse of these seats? Could the State party provide information on the use of compulsory medical testing in the visa application process?
One Committee Expert said education needed to address the needs of ethnic minorities and racial discrimination. How did the history curriculum achieve those outcomes?
Another Committee Expert was happy with measures implemented to improve the health of the Roma and increase their access to healthcare. How did the public health system address the health risks faced by the Roma population?
A Committee Expert called on the State party to eliminate the phenomenon of two schools under one roof. Were there still mono-ethnic schools?
Responses by the Delegation
The delegation said the Constitution defined relations between the constituent peoples and others. There was a group of cases before the European Court of Human Rights related to ethnic relations. The implementation of the Court’s decisions in these cases would significantly improve the situation of minorities in the State.
Freedom of religious expression had been promoted by the State since the 1990s. The Supreme Court had in 2021 decided to abolish segregation in schools. The 2020 project on quality education aimed to improve the history and geography curriculum to better promote cultural harmony.
There were no radio or television stations broadcasting programmes in the languages of national minorities. At least one hour of broadcast needed to be devoted to programmes for national minorities. This was not enough. The State party was amending broadcasting regulations to require broadcasters to broadcast programmes in national minority languages for at least 30 minutes per week.
Since 2019, the Ministry of Human Rights and Refugees had been allocating funds for the healthcare of the Roma, and over 1,000 Roma had been included in the healthcare system. The Roma population could access all health rights without discrimination. A working group had been set up to develop an action plan to address the needs of the Roma community. The Government expected the action plan to be passed by the end of the year. Funds promoting access to healthcare for the Roma had been increased significantly this year.
Bosnia and Herzegovina had only 12 persons registered as stateless persons. These persons were registered in the stateless register and processes were underway to resolve their situation. The law on gender equality guaranteed 40 per cent representation for both genders in decision-making bodies. Many institutions conformed with this law.
Questions by Committee Experts
JIAN GUAN, Committee Expert and Country Co-Rapporteur, said new-born children of undocumented migrants reportedly could not access birth registration. How was the State party working to prevent such children from becoming stateless? Xenophobic hate speech against migrants by State officials occurred from time to time. There were cases of arbitrary detention of immigrants, including underage immigrants. How was the State party working to prevent this? What work had the State party done to integrate migrants and asylum seekers into local society?
The State party had achieved results regarding combatting racial stereotypes by promoting racial inclusion, preventing racial discrimination in the media, and punishing racially motivated crimes. Eliminating racial prejudice required greater effort, however. What efforts had been made by the authorities to combat racist stereotypes? How were public institutions streamlining their work to combat racist stereotypes and developing laws towards this end? Was there a textbook that promoted harmonious co-existence or a leadership team promoting harmony in schools? Were there punishments for teachers who taught incorrect versions of history?
The State party needed to develop cultural and sporting facilities that encouraged the integration and inclusion of minority ethnic groups. Were there any plans in this regard? What training programmes were in place for public servants on preventing racial discrimination? How was the State party working to increase the living standards of all ethnic groups? Mr. Guan expressed hope that all peoples of Bosnia and Herzegovina could live together in harmony and on an equal footing.
Responses by the Delegation
The delegation said the Constitution regulated the movement of migrants through the State. All levels of Government were required to implement the 1961 Convention on the Reduction of Statelessness. All requests for international protection were assessed in line with the highest international standards. The European Court of Human Rights had not found that the State had violated the principle of non-refoulement in any cases. In August 2023, the Council of Ministers adopted amendments to the law on aliens to align it with the standards of the European Union. The Council had also adopted a strategy on migration and asylum for 2022 to 2027. Recognised refugees were provided with access to employment and Bosnia and Herzegovina citizenship after staying in the country for a certain period. There was an increasing number of requests for birth certificates by non-citizens being granted.
In 2015, a curriculum “nucleus” for each school course and indicators for performance in these courses were developed. Students were required to evaluate past and current affairs, considering questions of racial and social equality. Certain educational institutions had implemented this curriculum reform, though the process was slow. The Government would continue to work to implement the reform.
Racial discrimination was incorporated in the law on the prohibition of discrimination. Groups of people and individuals could file complaints of racial discrimination under this law. The Government aimed to improve the implementation of this law. All public institutions allocated funds for socially vulnerable segments of society.
Questions by Committee Experts
JIAN GUAN, Committee Expert and Country Co-Rapporteur, asked how a new law on online hate speech balanced protections of freedom of expression with protections against online hate speech.
One Committee Expert asked what was being done to promote the education of the Roma population.
Another Committee Expert said Roma communities faced health care disparities. Mandatory HIV testing for the Roma community promoted a culture of discrimination against them. Did mandatory testing ensure that those who were infected gained access to healthcare? What purposes did these tests serve?
CHINSUNG CHUNG, Committee Expert and Country Rapporteur, said there were reports of continued trafficking in persons in Bosnia and Herzegovina. Traffickers had exploited foreign victims moving through the State. How was the Government combatting this? There were also reports of border police carrying out racial profiling. What measures were in place to combat racial profiling by border police? Had the State party started a comprehensive transitional justice process with a view to achieving reconciliation and peace?
A Committee Expert congratulated the State party on measures taken to address statelessness. Bosnia and Herzegovina had only 12 stateless persons on its territory, reflecting an effective statelessness policy that could be followed by other States. What was the vaccination status of Roma children and their access to the public medical insurance scheme? The Roma made up the largest of the 17 national minorities. Only 10 per cent had access to secondary education. What measures were in place to retain Roma children in the education system? Around 500,000 people had returned to Bosnia and Herzegovina through the State’s reintegration policy. What challenges remained in promoting their reintegration?
One Committee Expert said Bosnia and Herzegovina had signed a readmissions agreement with Pakistan last November which enabled certain Pakistani migrants in the Balkans to be returned home. Certain accusations had been levelled at Pakistan regarding its reluctance to cooperate with the State. What progress had been made on repatriation?
Another Committee Expert called on the State party to support the movement for a second Decade for People of African Descent.
MICHAL BALCERZAK, Committee Chair, said that Bosnia and Herzegovina had yet to accept the Committee’s jurisdiction to receive individual communications. He called on the State party to do so.
Responses by the Delegation
The delegation said that the protection of freedom of expression was guaranteed by the Constitution and legislation pertaining to the media. The Communications Regulatory Agency was mandated to impose sanctions for any misdemeanours.
The State had made significant progress in preventing racial discrimination since the Bosnian war, although much remained to be done to make human rights issues more visible.
Around 69 per cent of Roma children attended primary school and around 30 per cent attended high school. Eighteen per cent enrolled in higher education and eight per cent graduated. There were currently 1,600 Roma persons seeking employment. The Government was raising awareness of the importance of immunisation amongst the Roma.
The State party had adopted strategic documents for the prevention of human trafficking that were in line with international standards. Traffickers were processed before courts. Racial profiling did not exist in official public institutions, especially asylum processing institutions. Pakistan needed to implement the agreement reached last November.
Returnees had access to all public services. Bosnia and Herzegovina had an inter-religious council that had conducted training for young people to combat racism and anti-Semitism. An award had been established for secondary school students who promoted peace and tolerance. Awards were granted to students from both entities to encourage ethnic harmony.
Concluding Remarks
CHINSUNG CHUNG, Committee Expert and Country Rapporteur, said she appreciated the fruitful dialogue with Bosnia and Herzegovina. She expressed hope that the Committee’s concluding observations would contribute to the improvement of the human rights situation in the State, where there had been intensified tension among the ethno-religious groups and revisionism recently. Ms. Chung expressed hope that Bosnia and Herzegovina could overcome the various barriers it faced and achieve stability and promotion of human rights in all its territories.
KEMO SARAČ, Ministry for Human Rights and Refugees of Bosnia and Herzegovina and head of the delegation, thanked the Committee Experts for recognising the situation in Bosnia and Herzegovina and for the assistance provided to the State through their recommendations. The dialogue had been constructive and would contribute to improving human rights protections in Bosnia and Herzegovina.
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