Core document forming part of the reports of States parties

Bosnia and Herzegovina*

[22 February 2011]

Contents

Paragraphs Page

I.General information13

II.Demographic, economic, social and cultural characteristics2–723

A.Bosnia and Herzegovina, 1992 to 19958–165

B.Bosnia and Herzegovina after 199617–186

C.Population in Bosnia and Herzegovina after 199619–236

D.Assessment of the current population in Bosnia and Herzegovina24–357

E.Return to Bosnia and Herzegovina36–429

F.Restitution of property and tenancy rights43–4710

G.Current situation of refugees from Bosnia and Herzegovina48–5010

H.Displaced persons in Bosnia and Herzegovina51–5511

I.Condition of housing56–5911

J.Employment in Bosnia and Herzegovina60–6512

K.Registered unemployment as of 31 December 2009 66–7214

III.Constitutional, political and legal structure of Bosnia and Herzegovina73–14816

A.Independence of the judiciary94–9618

B.Office of the High Representative97–9919

C.Human rights and freedoms100–14219

D.Stabilization and accession to the EU143–14526

IV.General framework for the protection and promotion of human rights146–21426

A.Adoption of international standards in human rights146–15126

B.Legal framework for the protection of human rights at the national level152–17729

C.Promotion of human rights at the State level178–20232

D.Reporting at the national level203–21436

I.General information

1.The State of Bosnia and Herzegovina, established in its present structure by the Dayton Peace Accords in 1995, has a limited central government with a majority of government responsibilities shared by two Entities: the Federation of Bosnia and Herzegovina and the Republika Srpska. Both Entities have their own government and civil structures. The Federation of Bosnia and Herzegovina (hereinafter FBiH) is a highly decentralized and has ten cantonal governments. Unlike the FBiH, the Republika Srpska (hereinafter RS) has one centralized government. The Brcko District of Bosnia and Herzegovina (hereinafter Brcko District) is the third administrative unit that is under international administration. In March 2000, the amendment to the Constitution of Bosnia and Herzegovina (hereinafter BiH Constitution) was adopted, and by which the Brcko District is arranged in accordance with the decision of the Arbitral Tribunal. The whole country has 14 administrative jurisdictions, five levels of administration, and more than 150 ministries and government agencies.

II.Demographic, economic, social and cultural characteristics

2.Bosnia and Herzegovina (hereinafter BiH) is situated in the western part of the Balkan Peninsula. It borders the Republic of Serbia and the Republic of Montenegro to the east and the Republic of Croatia to the north, west and south. BiH has a total area of 51,209.2 km2, comprising 51,197 km2 of land and 12.2 km2of sea. Its climate is mainly continental, but Mediterranean in the south.

3.According to the 1991 census, BiH had 4,377,033 inhabitants within its 1,537 km long boundaries. Fertile cultivable land covers 2,531,000 hectares or 49.5 per cent of the total territory, which creates numerous opportunities for agriculture and food production in complex and diverse climatic conditions (from the harsh continental to the mild Mediterranean climate). About 46 per cent of the territory is covered by various types of forest. The country is well known for its hydro and thermoelectric capacity, owing to its water resources and coal reserves.

4.During 1991, BiH reached a very favourable state of affairs in terms of number of households and housing units. At the time, it had 1,207,693 housing units in 6,823 settlements. The average housing unit was 60.45 m2 per household or 16.68 m2 per capita.

5.In 1991, BiH was at the level of a middle-developed industrial country, with a gross national income of about US$2,000 per capita and about 1.7 million inhabitants (39 per cent of the total population) living in urban areas.

6.BiH is well known for the diversity of its peoples and ethnic minorities. According to the 1991 census, the population of BiH consisted of Bosniaks (43.5 per cent), Serbs (31.2 per cent), Croats (17.4 per cent), Yugoslavs (5.5 per cent) and others (2.4 per cent). Besides, BiH has been for centuries the homeland of around twenty other nations and national minorities mixed together. Dominant monotheistic religions have coexisted in BiH for centuries, among them, Islam, Christianity and Judaism and other religious communities and sects. According to the BiH Constitution, all citizens have equal rights and freedoms of expression in terms of religion and other beliefs.

7.The population breakdown by age group in the overall population of BiH in 1991 was as follows: 0–6 years: 11.1 per cent; 7–17 years: 13 per cent; 15–19 years: 8.4 per cent; 20–64 years: 61.5 per cent; 65 years and over: 6 per cent.

Table 1

BiH population statistics by censuses

Census year	Area in km 2	No. of households	Population	Population density – persons per 1 km 2
Total	Male	Female
1879	51 246	...	1 158 440	607 789	550 651	22.6
1885	51 246	226 699	1 336 091	705 025	631 066	26.1
1895	51 246	257 493	1 568 092	828 190	739 902	30.6
1910	51 200	310 339	1 898 044	994 852	903 192	37.1
1921	51 200	...	1 890 440	966 209	924 231	36.9
1931	51 564	398 238	2 323 555	1 185 040	1 138 515	45.1
1948	51 189	498 116	2 564 308	1 236 932	1 327 376	50.1
1953	51 221	565 212	2 847 459	1 385 559	1 461 900	55.6
1961	51 197	706 107	3 277 948	1 599 665	1 678 283	64.0
1971	51 197	848 545	3 746 111	1 834 600	1 911 511	73.2
1981	51 197	1 030 689	4 124 256	2 050 913	2 073 343	80.6

Table 2

Population statistics per the 1991 census

Area in km2	No. of households	Population	Population density – persons per 1 km 2	No. of persons per household	No. of females per 1,000 males
Total	Male	Female
51 129	1 207 693	4 377 033	2 183 795	2 193 238	85.6	3.63	1 004

Table 3

BiH population by age and sex

	1971	1981	1991
Years	Total	Male	Female	Total	Male	Female	Total	Male	Female
Total	3 746 111	1 834 600	1 911 511	4 124 256	2 050 913	2 073 343	4 377 033	2 183 795	219 328
0–4	405 505	207 129	198 376	365 332	186 494	178 838	332 422	170 535	161 887
5–9	442 665	225 726	216 939	375 765	192 284	183 481	347 379	177 988	169 391
10–14	442 199	225 066	217 133	393 024	201 313	191 711	347 590	177 932	169 658
15–19	411 387	209 215	202 172	433 304	222 406	210 898	360 008	185 292	174 716
20–24	319 317	162 073	157 244	404 751	211 100	193 651	359 991	188 724	171 267
25–29	225 727	109 724	116 003	357 773	184 730	173 043	371 776	194 041	177 735
30–34	289 810	140 952	148 858	294 502	150 178	144 324	361 854	186 643	175 211
35–39	280 482	139 035	141 447	216 718	107 411	109 307	334 569	172 024	162 545
40–44	243 016	118 781	124 235	280 137	138 850	141 287	276 412	139 433	136 979
45–49	166 241	70 017	96 224	267 657	133 616	134 041	201 165	98 993	102 172
50–54	101 840	41 069	60 771	230 515	112 499	118 016	257 382	125 380	132 002
55–59	114 629	48 828	65 801	157 374	63 861	90 513	241 011	116 919	124 092
60–64	112 727	53 087	59 640	90 131	35 365	54 766	198 647	92 924	105 723
65–69	79 808	37 590	42 218	92 274	37 922	54 325	124 752	48 102	76 650
70–74	53 549	23 136	30 413	77 597	34 744	42 853	62 922	22 893	40 029
75 and over	42 986	16 166	26 820	80 495	33 300	47 195	96 691	37 257	59 434
Unknown	14 223	7 006	7 217	9 907	4 840	5 067	102 462	48 715	53 747

A.Bosnia and Herzegovina, 1992 to 1995

8.BiH was internationally recognized on 6 April 1992. It continued its legal existence as an independent state within the existing AVNOJ (Antifascist Council of the People’s Liberation of Yugoslavia) administrative boundaries, which have been now internationally recognized.

9.The war in BiH, which began in April 1992, left a huge impact on the demographic picture of BiH. Tens of thousands of people were killed, including many children, and about 8,000 people are officially reported as missing. Also, as a result of the war, the mortality rate increased on one hand and the natural growth rate decreased on the other hand, resulting in a destroyed biological reproduction of the population in BiH.

10.In addition, about 2,200,000 people left their homes during the war, which represents over 50 per cent of the pre-war domestic population. About 1.2 million people sought protection in over 100 countries around the world, while at the same time about one million persons were displaced within BiH.

11.The overall changes in the demographic picture of the population, compared to the last census in 1991, are the result of the war cataclysm, forced migration as a result of persecution, destruction of homes, so that the number, composition and distribution of the population in BiH have significantly changed.

12.In addition to the demographic destruction, the war radically changed the situation in the housing sector in BiH. From 1992 to 1995, about 453,000 housing units were damaged or totally destroyed, accounting for approximately 42 per cent of the pre-war housing stock. Around 100,000 housing units suffered low-level damage (up to 20 per cent damage), about 270,000 suffered medium level of damage (between 20 and 70 per cent), and over 80,000 suffered the highest degree of damage or were completely destroyed (above 70 per cent).

13.In addition, persons displaced within BiH temporarily settled in most of the habitable, abandoned housing units. In this way, users of more than 200,000 housing units have been changed, including almost equal percentage of public and private ones.

14.The country suffered destruction of towns, urban complexes, villages, hamlets, monuments and architectural heritage, social facilities and utility infrastructure, including schools, business and religious buildings, roads and parks and production goods. The largest part of the road, water, sewer, telephone and power supply and installation of the supporting facilities were either destroyed or damaged. Some 24 per cent of medical institutions were destroyed, while health centres suffered over 40 per cent damage. BiH forest resources were also severely depleted by illegal felling of trees, fires and usurping the forest area.

15.One of the worst consequences for BiH is the approximately 2 million remaining mines and 3 million other pieces of unexploded ordnance.

16.Total economic losses in BiH, including lost earnings, are estimated at US$50 billion to $70 billion. The World Bank estimated damage to property at US$15 billion to $20 billion. Industrial production during the war reached only about 5 per cent of the pre-war level.

B.Bosnia and Herzegovina after 1996

17.The efforts of the international community to bring the war in BiH to an end resulted in the conclusion of the General Framework Agreement for Peace in BiH (Dayton Peace Agreement) which was signed on 14 December 1995 in Paris. In addition to ending the war, the Peace Agreement regulates the relations in the State of BiH. BiH continues to exist as an independent state; the territory of BiH consists of two Entities, namely the FBiH and the RS.

18.The subsequent final award of the Arbitral Tribunal established the separate administrative unit of Brcko District in BiH. The Agreement also regulates the competence of the central authorities and the governments of the Entities. Sarajevo has remained the capital and the official languages are Bosnian, Croatian and Serbian.

C.Population in Bosnia and Herzegovina after 1996

19.There has been no official census carried out in BiH since 1991.

20.Very extensive and very serious research and demographic estimates have been carried out since the war due to the operational need for indicators on the current population number. However, the turbulent times that had caused radical changes in the number, structure and distribution of the BiH population constitute the source of the differences between the existing estimates which vary up to even a million inhabitants, depending on the time when the research was conducted and the kind of the sources used.

21.Ten-year demographic changes from 31 March 1991 to 31 March 2001, are recorded in the following scientific estimates based on the monitoring of demographic trends.

Table 4

Demographic changes by Entit y

No. of population	BiH	FBiH	RS
As of 31 March 1991	4 377 033	2 783 711	1 593 322
As of 31 March 2001	3 364 825	2 298 501	1 066 324

Table 5

Demographic changes by ethnic group

No. of population	Total	Bosniaks	Croats	Serbs	Others
As of 31 March 1991	4 377 033	2 012 718	805 892	1 444 384	111 039
As of 31 March 2001	3 364 825	1 626 843	519 478	1 142 948	75 556
Composition
1991	100	46.0	18.4	33.1	2.4
2001	100	48.3	15.4	34.0	2.3

Table 6

BiH demographic balance as o f 31 March 2001

The potential population as of 31 March 2001 if there had not been the war is 4,539,457

Loss of population growth rate:	157 472	3.5
Killed, missing and higher rate of war mortality:	269 810	5.9
Persons abroad:	749 700	16.5
Persons in the country:	3 362 474	74.1
	4 539 457	100

22.As a summary, according to this source, BiH had 4,251,425 inhabitants in 1991, of which 3,364,825, or about 80 per cent, in the country and 20 per cent, or 886,600 people, out of BiH.

23.Thus, a ten-year demographic statement recorded a loss of 288,032 inhabitants, in comparison to the potential number of residents, if there had been no war.

D.Assessment of the current population in Bosnia and Herzegovina

24.Despite the radical demographic changes that have occurred in BiH since 1991, an official census has not been conducted and the indicators on the current population in BiH are based on estimates.

25.Deviations from the official estimates of around 3,842,000 of the present population in BiH range from over one million inhabitants, depending on the source. For example, while most current estimates put the population in BiH at 4,590,319, the Ministry for Human Rights and Refugees of Bosnia and Herzegovina (hereinafter the Ministry) estimated that there were approximately 3.5 million inhabitants in BiH at the end of 2005.

26.When the number of the population under 18 years - estimated on the basis of the participation of minors in the age structure of population in BiH - is added to the relevant figure of 2,980,211 of active registered voters in local elections, the deviations in the Ministry’s estimates can be considered negligible.

27.In 1991 the birth rate in BiH was 14.8 per thousand, the mortality rate, 7.0 per thousand, and the natural growth rate had a moderate value of 7.8 per thousand. In the period 1996–2007, the birth rate continued to decrease, the mortality rate kept on increasing and the natural growth rate in 2007 amounted to 0.1 per thousand.

28.The total fertility rate was 1.194 per thousand, which is below the level of simple reproduction of the population. The critical value of the total fertility rate to ensure simple reproduction of the population is 2.1 (average children per woman of child-bearing age).

29.Surveys that have been carried out in BiH in recent years show disturbing data with regard to the socio-demographic characteristics of the population of BiH.

30.According to the survey on household consumption in BiH conducted in 2007, the total population of BiH is 3,447,156, of which 64.2 per cent in FBiH, 33.8 per cent in RS and 2.0 per cent in Brcko District.

Table 7

Average age	Male	Female	Total
1981	28.7	30.5	29.6
1991	33	35	34
2007	37.2	39.4	38.3

31.The average age of the population in BiH is increasing. According to data from 2007, the average age was 38.3 years. There are obvious differences in the sexes, with the male population younger on average than women at 37.2 and 39.4 years respectively.

Table 8

Age group	BiH	FBiH	RS
0–5	5.4	5.7	4.7
6–17	16.2	17.3	14.4
18–34	23.8	24.6	22.3
35–64	39.5	39.1	40.2
65 and over	15.1	13.3	18.5

32.Almost two thirds of the population of BiH is between 18 and 64 years old, with almost one quarter between 18 and 34 years old. The young age group (individuals younger than 18 years) accounts for 21.6 per cent of the total population. FBiH has a higher percentage of younger people at 23 per cent, while younger people account for 19.1 per cent in RS.

33.The elderly population (individuals aged 65 years and over) account for 15.1 per cent of the population in BiH, with women making up 57 per cent of elderly people. The percentage of women over 65 years is 16.8 per cent of the total population, while the percentage for men is 13.3 per cent.

34.The percentage of the elderly population differs significantly by geographic area. It is slightly lower in FBiH (13.3 per cent), and more significant in RS (18.5 per cent), where one in five women is older than 65 years.

35.All structural indicators of the population show that RS is a geographical area with the oldest population: the ratio of the number of people over 65 and those younger than 6 years was 3.9 (2.3 in the FBiH), the rate of aging indicates 119 individuals over 65 years for every 100 individuals younger than 15 years, and the participation of persons over 75 years is 6.4 per cent, compared to 5.1 per cent for the total population of BiH.

Table 9

Structural indicators for population by geographic area , 2007

	Population <5 (%)	Population 5–14 (%)	Population 15–64 (%)	Population 65–74 (%)	Population 75–84 (%)	Population >=85 (%)
FBiH	4.6	13.9	68.2	9.0	3.7	0.6
RS	3.8	11.7	66.1	12.1	5.6	0.8
BiH	4.3	13.1	67.4	10.1	4.4	0.7

E.Return to Bosnia and Herzegovina

36.Return to BiH commenced immediately upon the signing of the Dayton Peace Agreement (DPA) and the largest number of returnees was realized precisely in the years that followed the signing of the Peace Agreement. The first three years alone recorded the return of 570,925 persons, accounting for more than half of the total number of returnees in BiH since the DPA. Later on, the return rate shows a downward trend, with almost half the number of registered returnees in 1999 compared to 1998, but in 2001 the trend again began to grow. Especially good results were recorded in 2002, when over 100,000 returnees were recorded, the same as in the first three years.

37.The increase in the number of returnees in this period is related to the accelerated and effective implementation of property laws, which resulted in the restitution of housing units to their pre-war owners and holders of tenancy rights. This created conditions for a significant number of refugees and displaced persons to return to their homes. In addition, during this period, significant funds were invested in the renovation of housing for returnees, which meant large contributions to increasing the general security in BiH, including the security of returnees.

38.Furthermore, it is important to emphasize that the promotion of mutual cooperation between relevant institutions in Bosnia and Herzegovina, and their cooperation with other relevant domestic and international partners in this field, made a great contribution to creating a proper process, especially in the field of reconstruction, and selection of real priorities.

39.After 2002, the return rate continued to fall. However, although the number of returnees has significantly decreased a decade after the signing of the Peace Agreement, it should be noted that in 2004 the one millionth returnee to BiH was recorded.

40.So far a total of 1,032,895 returnees have been registered in BiH, of which 447,136 are refugees and 585,759 are displaced persons. Of the total number of returnees, about 72 per cent returned to FBiH, around 26 per cent to RS, and about 2 per cent to Brcko District. The national structure of returnees is as follows: 62 per cent Bosniaks, 13 per cent Croats, 24 per cent Serbs, and 1 per cent others.

41.Furthermore, official statistics recorded around 470,000 so-called “minority” returnees. The rate of “minority” returnees, calculated based on the estimated number of people who had left their pre-war places of residence in relation to the number of returnees, amounts to 32 per cent in FBiH, and 28.5 per cent in RS. The return rate of Bosniaks to RS is 35 per cent, and Croats 8.5 per cent.

42.Finally, it is necessary to positively comment on the results that BiH has achieved in this regard because it undoubtedly represents a significant success if the achieved return rate in BiH of around 50 per cent is compared with post-crisis situations in other areas.

F.Restitution of property and tenancy rights

43.In accordance with Annex VII of the Dayton Peace Agreement, in 1998 and 1999, the competent Entity authorities, assisted by and in coordination with relevant institutions and organizations of the international community in BiH, adopted a set of property laws aimed at creating a legal framework which should result in compliance with obligations under Annex VII (restitution of property to pre-war owners and users).

44.The process of property restitution to refugees and displaced persons was carried out in accordance with Entity property laws. This process was basically completed by late 2006.

45.According to recent statistics published by the PLIP agency, a total of 211,791 requests for return of property and tenancy rights were made in BiH. There were 197,815 positive decisions and 12, 642 negative decisions passed. The number of closed cases was 197,688. On the whole, more than 99 per cent of cases are considered as concluded and this task is in its final stage of implementation in BiH.

46.Owing to the results achieved in terms of property and tenancy rights restitution, BiH is treated as a good example in the region and beyond.

47.Since the essential completion implies that pre-war owners/users have been introduced to their property/tenancy rights, the remaining cases are still under administrative proceedings, disputes or litigations initiated before the competent courts, due to their disputed factual and legal status.

G.Current situation of refugees from Bosnia and Herzegovina

48.It is estimated that currently about 400,000 people still reside outside BiH, out of about 1.2 million of our citizens who left BiH from 1992 to 1995, and they are registered as refugees from BiH. Most of them are integrated into the host countries, and it is estimated that nearly 80,000 refugees from BiH still need durable solutions, primarily through return to BiH.

49.Approximately 6,500 families from abroad have registered for aid in the reconstruction for the return of around 23,000 refugees, of whom almost three quarters (75 per cent) live in neighbouring countries, about 20 per cent in European countries, while about 5 per cent live in overseas countries of emigration.

50.The big problem is the return of particularly vulnerable categories of refugees from countries of acceptance, because despite bilateral efforts made in many years in this regard, the burning BiH issue has not yet been systematically and fully resolved. This especially applies to the return of mental patients who are completely dependent on government assistance in their return.

H.Displaced persons in Bosnia and Herzegovina

51.About one million of displaced people in BiH welcomed the signing of the Peace Agreement in late 1995, which represents almost a quarter of the pre-war population of BiH. Among them, one third was displaced within their municipality of residence, which led to the conclusion that the causes of displacement were not solely related to persecution and/or fear of persecution. They can also be in direct connection to the consequences of conflict caused to the property or homes in which the displaced persons had their pre-war homes.

52.The first, comprehensive, official listing of displaced persons in BiH was conducted in late 2000, when 185,233 displaced families were recorded (a total of 557,275 displaced persons), including 93,422 families, or 50.43 per cent, in FBiH, 84,318, or 45.52 per cent, in RS and 7,493, or 4.05 per cent, in Brcko District.

53.The national structure of the registered comprised 44.4 per cent of displaced Bosniaks, 47.7 per cent of displaced Serbs, 7.5 per cent of Croats and 0.4 per cent of the remaining displaced persons registered as members of other peoples in BiH.

54.The collection of requests for review of the status on the whole territory of BiH, which was concluded on 31 March 2005, was followed by the revision of the number and status of displaced persons. On the territory of BiH, 59, 825 applications were filed for (re)registration of 186,451 displaced persons.

55.Currently, there are 37,408 families with the status of internally displaced persons in BiH, that is, a total of 113,642 displaced persons, of whom 48,772, or 43 per cent, were displaced in FBiH, and 64,624, or 57 per cent, in RS. In the national structure of displaced persons, 65,642 displaced persons (57.8 per cent) are Serbian, 40,399 (35.5 per cent) are Bosniak, 7,006 (6.2 per cent) are Croatian, and the remaining 561 (0.5 per cent) are members of other nationalities.

I.Condition of housing

56.Out of the rough number of 1.2 million housing units in BiH registered at the last census in 1991, about 322,000 housing units have been reconstructed in BiH to date, which makes the 70 per cent rehabilitation rate. Out of that number, about 236,200 housing units were reconstructed in FBiH, around 73,300 in RS, and about 12,600 units were restored in the Brcko District area.

57.It is estimated that nearly two thirds, or about 200,000 housing units, were rehabilitated with support from various international and local donations, while the remaining third, mostly less damaged buildings, was repaired with private funds of the owners and holders of tenancy rights.

58.Based on data collected in the field from the relevant municipal departments, there are still around 146,000 housing units in BiH for reconstruction, which accounts for 30 per cent of the total damaged or destroyed housing stock. Most of these housing units were badly damaged or completely devastated.

59.In the area of FBiH there are still about 78,500 housing units that have not been reconstructed, which accounts for 25 per cent of the destroyed and damaged housing units in FBiH, in RS there is about 65,000, or 47 per cent, of destroyed and damaged housing units, while there are about 2,700 non-rehabilitated housing units in Brcko District, which accounts for 18 per cent of the destroyed and damaged housing units in this area.

J.Employment in Bosnia and Herzegovina

60.The Labour and Employment Agency of Bosnia and Herzegovina was constituted in 2003 as an independent administrative organization within the institutions of BiH, by the Law on Agency for Labour and Employment of Bosnia and Herzegovina (Official Gazette of BiH, No. 21/03).

61.According to the Law on Amendments to the Law on Agency for Labour and Employment of BiH (Official Gazette of BiH, No. 43/09), the Labour and Employment Agency is responsible for:

(a)Representing the Agency in the areas of employment within its competence and cooperation with relevant agencies, institutions and international organizations in these areas;

(b)Implementing, in coordination with the Ministry of Civil Affairs of Bosnia and Herzegovina (hereinafter: the competent BiH ministry), the assumed international obligations in the employment field, through cooperation with the competent Employment Institutes of the Entities and Brcko District;

(c)Monitoring the implementation of international standards and policies in the area of employment and, in cooperation with the Employment Institutes of the Entities and Brcko District, participation in their implementation;

(d)Initiating the conclusion of international agreements related to employment and participation in the conduct of negotiations for concluding international agreements in the field of social security related to unemployment and monitoring their implementation in cooperation with the Employment Institutes of the Entities and Brcko District;

(e)Coordinating the activities around domestic and international projects in the areas of employment that are of interest for BiH and cooperation with the Employment Institutes of the Entities and Brcko District in their realization;

(f)Collecting foreign and domestic applications and information on supply and demand of domestic and foreign labour force and, in cooperation with the Employment Institutes of the Entities and Brcko District, their realization within the limits of its competence and possibilities of BiH labour market;

(g)Monitoring, analysing and researching the economic, social and other trends, data on employment and unemployment, and their mutual influence, in cooperation with the Employment Institutes of the Entities and Brcko District, on the basis of which it proposes the necessary measures and activities to improve employment;

(h)Initiating the necessary activities in the Employment Institutes of the Entities and Brcko District to work together in cooperation with employers, unions, educational institutions and other associations and organize and implement programs of vocational guidance and education to increase employment and other forms of active employment policy;

(i)Coordinating the recruitment of BiH citizens abroad within its statutory jurisdiction and in cooperation with the Employment Institutes of the Entities and Brcko District;

(j)Performing the necessary analysis and producing reports and documents related to employment, drafts, proposals, working papers and documents to be approved and adopted by the BiH authorities based upon requests of the Council of Ministers of BiH and the competent BiH ministry, and if necessary, in cooperation with the Employment Institutes of the Entities and Brcko District;

(k)Proposing to the Council of Ministers of BiH long-term, medium-term and annual plans on guidelines on labour market policies and active employment measures in BiH, together with the Employment Institutes of the Entities and Brcko District through the competent BiH ministry;

(l)Giving opinions and suggestions for the employment of foreigners in BiH (quotas) to the competent BiH ministry, in cooperation with the Employment Institutes of the Entities and Brcko District;

(m)Providing the necessary data in the field of unemployment, particularly those relating to the enforcement of international obligations, in cooperation with the Employment Institutes of the Entities and Brcko District;

(n)Regular submission of annual reports and annual work program to the Council of Ministers of BiH;

(o)Conducting training of its staff in order to meet the demands and challenges of international obligations and integration processes, and initiating it with the Employment Institutes of the Entities and Brcko District.

62.In mid 1990, a total of 1,054,000 employed persons were registered in BIH, according to BiH 1991 statistical yearbook. Industry employed 85 per cent, and the public sector employed 15 per cent of that number.

Table 10

Active population by census

	1971	1981	1991
Total	2 205 536	2 675 096	2 857 092
Men (age 15–64)	1 092 781	1 360 016	1 500 378
Women (age 15–59)	1 112 755	1 315 080	1 356 719
Share of active in total population, in percentage (%)	58.9	64.9	65.3

63.A total of 633,860 employed persons were registered at the end of 2001: 75 per cent in the industrial sector; 25 per cent in the public sector.

64.According to surveys conducted in 2006 and 2007, the active population decreased by 8,000, which is a sign of an aging population.

Table 11

Active population by activity, age group and sex in BiH ( in thousands)

	Active population	Total	Employed persons	Unemployed persons
	2006	2007	2006	2007	2006	2007	2006	2007
Total	2 733	2 725	1 177	1 196	811	850	366	347
Men	1 322	1 317	743	760	528	557	283	292
Women	1 410	1 408	434	436	283	292	151	144
Share of active in total population (%)			66.5	67.4	67.4	68.6	65.7	66.2

Table 12

Labour market situation in BiH ( as of 31 December 2009 )

Registered employment, unemployment and unemployment rate according to the data by the Statistics Agency of BiH – November 2009
Registered employment	687 309
Registered unemployment	506 460
Registered unemployment rage	42.4%
Survey unemployment rate for 2009	24.1%

Table 13

Registered employment and unemployment in BiH

	Nov 2009	Oct 2009	Indexes Nov 2009 Oct 2009
Total	Women	Total	Women	Total	Women
Total employed	687 309	275 165	688 052	274 862	99.9	100.1
Total unemployed	506 460	255 152	503 979	254 274	100.5	100.3
Registered unemployment rate %	42.4	48	42.3	48.1

65.According to the data of the Agency for Statistics of BiH, in November 2009, the number of the employed in the Entities in BiH amounted to 687,309, of which 275,165 were women. Compared to October 2009, the total number of employed in the Entities decreased by 0.1 per cent, whereas the number of employed women increased by 0.1 per cent. The registered unemployment rate for November 2009 stood at 42.4 per cent,and it is higher by 0.1 per cent compared to October.

K.Registered unemployment as of 31 December 2009

66.According to figures by the Employment Institutes and Services in BiH, as of 31 December 2009, the records show 510,580 of unemployed persons, which represents an increase by 4,136 persons or 0.82 per cent compared to the situation as of 31 November 2009. The number of women was 255,808 or 50.10 per cent of the total number of persons seeking employment.

Table 14

Registered unemployment in BiH and E ntities for December 2009

	BiH	FBiH	RS	Brčko District
R egistered unemployment – 31/12/ 2009	510 580	354 577	145.396	10 607
Registered unemployment – 30/11/2009	506 444	352 563	143 305	10 576
Indices 31/12/2009 – 30/11/2009	100.82	100.57	101.46	100.29

67.In the structure of persons seeking employment as of 31 December 2009, 162,046 or 31.74 per cent accounted for unskilled workers, 14,271 or 2.80 per cent for semi-skilled, 181,913 or 35.63 per cent for skilled, 41.23 or 0.81 per cent for highly skilled, while 2,170 or 0.43 per cent accounted for primary education, 121,365 or 23.77 per cent for secondary education, 7,176 or 1.41 per cent for advanced education and 17,516 or 3.43 per cent for higher education.

68.The largest number of registered unemployed are people with third-level education, i.e. skilled workers, at 35.63 per cent, and unskilled workers, at 31.74 per cent. Out of the total number of registered unemployed, persons with university education (university and tertiary level) account for 24,692 or 4.84 per cent. Of the total number of people with college and university degrees, 15,335 or 62.11 per cent are women.

69.Out of the total number of registered unemployed in December 2009, 14,800 accounted for newly registered people looking for employment. The numberof persons deleted from the records of employment institutes and services was 11,106. Out of the total number of persons deleted from the records of employment institutes and services, 4,620 or 41.60 per cent found employment.

70.In December 2009, employers reported to employment institutes and services in BiH 22,026 needs to recruit new workers; at the same time, 8,353 persons whose jobs terminated were recorded, that is 1,136 persons or 15.74 per cent more than in the previous month. Compared to January 2009, that number is lower by 1,757 persons or 17.38 per cent. This is the total number and refers to the termination of employment on various grounds, including dismissal due to bankruptcy and liquidation of enterprises, technological or organizational surplus, employers’ work cessation, termination of fixed-term contracts, amicable termination of employment, labour obligations violation or other reasons.

71.The economic recovery of BiH started after the end of the war. The introduction of the uniform currency has encouraged stable functioning of the Central Bank. Overall gross domestic product in 1996 was US$830 per capita, and in 2001, it was US$1,255. However, the transition processes are not functioning at a pace required for the recovery of BiH.

72.Measurement of the living standards (LSMS) in BiH revealed that between 19 and 25 per cent of the population live in poverty, and about 40 per cent live from hand to mouth.

Table 15

Percentage of population in BiH living below the poverty line by area

Area	Urban	Mixed	Rural	Average
Bosnia and Herzegovina	14.5	22.4	19.4	19.1
Federation of BiH	15.3	13.5	16.9	15.6
Republika Srpska	12.3	30.5	24.3	24.8

Source: LSMS 2001 – Poverty, May 2002.

III.Constitutional, political and legal structure of Bosnia and Herzegovina

73.After the signing of the General Framework Agreement for Peace in BiH (Dayton Peace Agreement), BiH continued to exist with the new territorial organization. Pursuant to the Article 1 of the BiH Constitution:

“The Republic of Bosnia and Herzegovina, the official name of which shall henceforth be “Bosnia and Herzegovina,” shall continue its legal existence under international law as a state, with its internal structure modified as provided herein and with its present internationally recognized borders. It shall remain a Member State of the United Nations and may, as Bosnia and Herzegovina, maintain or apply for membership in organizations within the United Nations system and other international organizations.”

74.The Preamble of the Constitution recalls the Basic Principles agreed in Geneva on 8 September 1995 and on 26 September 1995 in New York: “Bosniacs, Croats, and Serbs, as constituent peoples (along with Others), and citizens of Bosnia and Herzegovina hereby determine the Constitution of BiH…” BiH is a complex democratic state, which consists of two Entities, the Federation of BiH and the Republika Srpska, with Brcko District as an independent (“sui generis”) administrative unit. FBiH covers 51 per cent and RS 49 per cent of the territory.

75.FBiH is administratively subdivided into 10 cantons. The cantons are divided into municipalities. In the FBiH, there are 79 municipalities. RS is administratively organized into 62 municipalities. The town of Brcko is a separate administrative unit, organized as the Brcko District. The capital of BiH is Sarajevo. BiH has its own coat of arms, flag and anthem.

76.In accordance with the new organization, BiH has a Parliamentary Assembly, which has two chambers, the House of Peoples and the House of Representatives. The House of Peoples consists of fifteen delegates, the two thirds from FBiH and one third from RS. The House of Representatives consists of 42 members, of which two thirds are from FBiH and one third from RS.

77.BiH has a three-member Presidency consisting of one Bosniak, one Croat and one Serb, who are elected by direct vote. Each member of the Presidency, by virtue of his/her official duty, has a civilian command authority over the armed forces.

78.The judicial authorities in BiH are the Constitutional Court and the Court of BiH. The Constitutional Court was established on the basis of the Constitution of BiH and the Court of Bosnia and Herzegovina on the basis of the Law on Court of BiH, which was passed by the Parliamentary Assembly of BiH in 2003, at the initiative of the High Representative.

79.The Council of Ministers is the body responsible for implementing decisions and policies of Bosnia and Herzegovina, as set forth in the Constitution of BiH. In accordance with the new Law on the Council of Ministers of Bosnia and Herzegovina (“Official Gazette of BiH”, No: 30/03, 42/03, 81/06, 76/07, 81/07, 24/08) and the Law on Ministries and Other Authorities of Bosnia and Herzegovina (“Official Gazette of BiH”, no. 5/03, 42/03, 26/04, 42/04, 45/06, 88/07, 35/09, 59/09 and 103/09), the Council of Ministers consists of nine ministries: the Ministry of Foreign Affairs, the Ministry of Justice, the Ministry of Security (including the Agency for Information and Protection of Bosnia and Herzegovina – SIPA, the Border Police of Bosnia and Herzegovina, the Office for Cooperation with Interpol), the Ministry of Civil Affairs, the Ministry of Communications, the Ministry for Human Rights and Refugees, the Ministry of Finance and Treasury, the Ministry of Foreign Trade and Economic Relations and the Ministry of Defence. Ministries are managed by a Minister, assisted by a Deputy Minister who cannot be from the same constituent people as the Minister.

80.There are diplomatic and consular missions (DKP) across Europe and the world to facilitate the realization of the rights of BiH citizens who live abroad, such as the embassies in London, Madrid, Paris, Berne, New York, Vienna, Ankara, Moscow, etc., consulates general in Munich, Stuttgart, Istanbul, Milan and permanent missions to the international bodies in Strasbourg, Geneva, Brussels, Vienna and New York. Consulates carry out legal administrative tasks within their competences, such as registration in the register of births, marriages and deaths, issuance of travel documents, drafting wills, the issuance of letters (certificates, travel documents, general and special powers of attorney).

81.Other institutions of BiH are the following: the Directorate for European Integration, the Ombudsman for Human Rights of Bosnia and Herzegovina, the Archives of Bosnia and Herzegovina, the Office for Auditing of Financial Operations of the Institutions of Bosnia and Herzegovina, the Central Bank of Bosnia and Herzegovina, the State Veterinary Office of Bosnia and Herzegovina, the Communications Regulatory Agency of Bosnia and Herzegovina, the Department of Civil Aviation, the Election Commission of Bosnia and Herzegovina, the Agency for Promotion of Foreign Investment of Bosnia and Herzegovina, the Foreign Trade Chamber of Bosnia and Herzegovina, the Institute for Standards, Metrology and Intellectual Property, the Mine Action Centre, the Border Police, the Agency for Statistics of Bosnia and Herzegovina, the Intelligence and Security Agency (OSA).

82.The Federation of Bosnia and Herzegovina is one of the two Entities of the state of BiH and its territory is divided into 10 cantons. FBiH has its own Constitution.

83.The House of Representatives and the House of Peoples carry out the legislative authority in FBiH. The House of Representatives has ninety-eight (98) representatives, with at least four members from each constituent people represented in this House. The House of Peoples has parity representation, every constituent people having the same number of representatives. The House is composed of fifty-eight (58) representatives, each constituent people having 17 representatives, while seven (7) delegates are from the Others category of peoples, which provides the right to representation for other peoples living in FBiH. The representatives to the House of Peoples are elected by the Cantonal Assemblies among its delegates proportionally with the national structure of population.

84.The Federation has a President and Vice Presidents appointed by the Parliamentary Assembly of the Federation of Bosnia and Herzegovina, while respecting the principle of proportional representation of the population of BiH by one candidate from each constituent people.

85.The judicial authorities of the FBiH are the Constitutional Court of the Federation of Bosnia and Herzegovina and the Supreme Court of the Federation of Bosnia and Herzegovina.

86.The Government of the FBiH is composed of the Prime Minister and 16 ministers.

87.The Cantons in the FBiH have their own Constitution and Assemblies as the highest legislative body. The executive authority of the canton is the Canton Government, composed of ministries. The judicial authority in the cantons is organized in (10) ten Cantonal Courts. The municipalities (79) are the lowest level of government organization in FBiH. All municipalities have their own councils-municipal parliaments and municipal administrative services, run by the Mayor.

88.The Republika Srpska has a President and two Vice-Presidents, one from each constituent people. The National Assembly of the Republika Srpska is the highest legislative authority and consists of 83 members. The Council of Peoples of the Republika Srpska is elected by the parliamentary groups and consists of 8 members from each constituent people and 4 members from the others. The Council of Peoples has a total of 28 members.

89.The judicial authorities of RS are the Constitutional Court of the Republika Srpska, the Supreme Court of the Republika Srpska, municipal courts and commercial courts. The RS Government has a Prime Minister and 16 ministers.

90.RS is territorially organized into 62 municipalities that have their own Municipal Assemblies and municipal administrative services managed by Mayors.

91.The structure of government organizations in the Entities has been modified in accordance with the decision by the Constitutional Court of BiH on the constitutionality of all three peoples throughout BiH. According to that decision, the Entities have an obligation to harmonize their constitutions with the Constitution of BiH and change the structure of authority in accordance with the decision of the Constitutional Court, which has been mainly realized by conforming Amendments to the Entity constitutions with the assistance of the Office of the High Representative. In the coming period, it is expected to synchronize the structure of government in BiH regarding the implementation of decisions of the European Court of Human Rights (case of Jakob Finci and Dervo Sejdić). The commission was set up at the level of the Council of Ministers of Bosnia and Herzegovina (hereinafter: the Council of Ministers of BiH), which is working hard every day to improve the solution of the aforementioned issues.

92. Brcko Districtwas established on 8 March 2000, based on the Decision of international arbitration on the status of the Brcko area made by the International Tribunal 5 March 1999. Brcko District stretches along the Sava river basin and covers 493 square kilometres. According to recent estimates, the District has about 85,000 inhabitants, of which 40,000 live in the city. Brcko District has its own Statute and the Assembly, which has 29 parliament members, and the Government of Brcko District led by the mayor.

93.The judicial authorities of Brcko District are independent and consist of the Court of First Instance of Brcko District and the Appellate Court of Brcko District. Establishment of an impartial court is provided by the Judicial Commission of Brcko District.

A.Independence of the judiciary

94. The judicial authorities are independent bodies, particularly after the formation of the High Judicial and Prosecutorial Council of BiH, which was appointed by the High Representative for BiH in order to ensure better implementation of international and European standards and the successful reorganization of the courts and prosecutor’s offices through the proper selection of judges and prosecutors. Prosecutor’s Offices have been formed at the BiH Entities and cantons levels.

95.In accordance with the constitutional principles every individual has the right to freely express their ethnic orientation. The amendments to the Constitution of Entities and the Electoral Law of Bosnia and Herzegovina (“Official Gazette of BiH”, No: 21/01, 7/02, 9/02, 20/02, 25/02, 4/04, 20/04, 25/05, 52/05, 62/05, 77/05, 11/06, 24/06, 32/07, 33/08, 37/08 and 32/10) improved the minorities’ rights in terms of minority participation in local elections in proportion to percentage of representation of ethnic minorities in the local community, which enabled minorities to participate in their local community on the basis of belonging to minority community, and not based on an organized political party affiliation.

96.Considering that Roma are the largest national minority in BiH, the Council of Ministers of BiH established the Roma Committee and the Council for National Minorities exists within the Parliamentary Assembly of Bosnia and Herzegovina. In addition, the bodies of similar competence were established within the Parliament of FBiH and the National Assembly of the Republika Srpska.

B.Office of the High Representative

97.The General Framework Agreement for Peace in BiH, Annex 10, Article V-Agreement on Civilian Implementation of Peace Agreement, establishes that the High Representative is the final authority in the country regarding interpretation of this Agreement. Office of the High Representative (OHR) and EU Special Representative for BiH is the leading organization for civilian aspects of peace implementation in BiH. The headquarters of the OHR is in Sarajevo and it consists of the Political Department, Economic Transition Unit, Legal Department, Resources and Financial Affairs Department and Press-office. OHR has two regional offices in Banja Luka and Mostar, the Brcko arbitration office and the satellite office in Bratunac.

98.The High Representative is proposed by the Steering Committee and his/her appointment is confirmed by the UN Security Council under whose auspices the Dayton Peace Agreement was concluded. Since 1995, BiH has had six High Representatives. The post is currently held by Valentin Incko, appointed 23 March 2009, and he was also promoted as the EU Special Representative for BiH. The High Representative can provide assistance, when he deems necessary, in the resolution of any difficulties arising in connection with civilian implementation.

99.Under the Conclusion of the Peace Implementation Conference held in Bonn on 9 and 10 December 1997, the High Representative could use his final authority in BiH, in order to solve any problem, by making binding decisions as he judges necessary on certain issues, including measures to ensure the Peace Agreement throughout Bosnia and Herzegovina and its Entities, which may include dismissal of public servants holding public office or high-ranking officials for whom the High Representative determines that they violated legal obligations and that their activities constitute an obstacle to the implementation of the Dayton Peace Accords.

C. Human rights and freedoms

100.The BiH Constitution ensures the highest level of protection of internationally recognized human rights and fundamental freedoms. Article II of the Constitution of Bosnia and Herzegovina stipulates that the rights and freedoms provided by the European Convention for the Protection of Human Rights and Fundamental Freedoms and its Protocols shall directly apply in the legal system of BiH. These international instruments have priority over all other laws.

101.Article II, Paragraph 3 of the BiH Constitution sets forth the catalogue of human rights that includes the following rights guaranteed by internationally recognized documents:

(a)The right to life;

(b)The right not to be subjected to torture or to inhuman or degrading treatment or punishment;

(c)The right not to be held in slavery or servitude, or forced or compulsory labour;

(d)Right to personal freedom and security;

(e)The right to a fair hearing in civil and criminal matters and other rights in relation to criminal proceedings;

(f)The right to private and family life, home and correspondence;

(g)Freedom of thought, conscience and religion;

(h)Freedom of expression;

(i)Freedom of peaceful assembly and freedom of association with others;

(j)The right to marry and to found a family;

(k)The right to property;

(l)The right to education;

(m)The right to freedom of movement and residence.

102.BiH has undertaken to ensure the highest level of protection of economic, social and cultural rights provided for by national legislation and international regulations.

103.BiH Constitution prohibits discrimination on any ground, such as sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status (BiH Constitution, Art. II. Para. 4). Also, Article 14 of the European Convention on Human Rights and Fundamental Freedoms, which is an integral part of the Constitution, and thus directly applicable in the legal system of BiH, prohibits discrimination on any grounds.

104.In 2009, BiH adopted the Law on Prohibition of Discrimination in Bosnia and Herzegovina (“Official Gazette of BiH” No. 59/09) which establishes a framework for the implementation of equal rights and opportunities for all persons in BiH and regulates the system of protection against discrimination, and outlines the responsibilities and obligations of the legislative, judicial and executive authorities in BiH, as well as legal and natural persons to act in the way to provide protection from discrimination, and promote and create conditions for equal treatment for everyone.

105.The Law on Prohibition of Discrimination of Bosnia and Herzegovina was established and designed by European standards. Provisions of the Law protect the citizens of BiH against discrimination in all spheres of life and work, including: employment, health and social care, judiciary and administration, housing, public information, education, sports, culture, science, economy, etc. Then, it prohibits all forms of harassment, sexual harassment, mobbing, segregation or incitement to discrimination. Under this law, all public bodies and authorities have an obligation and duty to fight against discrimination and to refrain from it, removing obstacles that may directly or indirectly result in discrimination. These institutions also have a duty to actively design and develop conditions for equal treatment. They must do it through amendments and adoption of laws, policies and practices of work, but all in accordance with the Law on Prohibition of Discrimination.

106.BiH has incorporated the postulates from the International Convention on the Elimination of All Forms of Racial Discrimination into the criminal legislation, prescribing criminal penalties for crimes against humanity and international law, genocide, war crimes against civilians, war crimes against wounded and sick, war crimes against prisoners, organizing group of people and incitement to commit criminal acts of genocide, crimes against humanity and war crimes, violation of equality of man and citizen, the destruction of cultural, historical and religious monuments and thus established the legislative mechanisms to protect human rights and fundamental freedoms for all, without prejudice as to race, gender, language or religion, etc.

107.Personal, political rights and freedoms of citizens are guaranteed by the Constitutions of BiH, Entities, cantons and the Statute of the Brcko District. Conscripts can be mobilized only if the competent authority declares state of war, imminent threat of war or natural disasters.

108.Personal liberty and security of citizens are assured by police forces organized within the ministries of interior of Entities. The police officer must transfer the person detained under reasonable suspicion of having committed the crime, without delay and no later than 24 hours, to the competent prosecutor.

109.Restriction of personal freedom can occur only in cases stipulated by the Laws on Criminal Procedure and Execution of Criminal Sanctions, or on the basis of a decision of the competent court. Freedoms may be restricted for ill persons referred to the mandatory treatment due to the risk they pose to their own lives or other people’s life. Referral to the health-care facility for treatment is carried out only on the basis of the diagnosis established by an authorized medical board or medical institution competent to issue such medical findings. The work of such committees is regulated by special regulations.

110.At the initiative of the Parliamentary Assembly of BiH, and based on the recommendations of the UN Committee against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, working meetings were held with representatives of associations of families of war victims and the International Committee for Missing Persons for the purpose of making a complete analysis and preparation of concepts of law on the rights of victims of torture and civil war victims in BiH.

111. In order to protect vulnerable population groups, especially disabled persons, BiH has concluded the process of ratification of the Convention on the Rights of Persons with Disabilities and activities on the formation of the Council for the Protection of Persons with Disabilities are underway.

112.Implementing the recommendations of CAT and CPT-ea (The Committee Against Torture and the Council of Europe’s Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment), BiH has established the following Commissions: the Commission for monitoring residential facilities for accommodation and care of children, victims of domestic violence, trafficking, asylum seekers, illegal immigrants, refugees, elderly people, persons with disabilities and other agencies as appropriate and the Commission for monitoring of correctional institutions (prisons, detention and detention facilities for juveniles), police stations and psychiatric institutions where the persons deprived of their liberty against their will are accommodated.

113. Freedom of movement and freedom to choose their place of residence (the animus vivendi) are not restricted to citizens of BiH, and they can freely choose their place of living. The only obligation of citizens relates to the provision of appropriate identification documents indicating the address of their permanent residence (CIPS records).

114.In order to contribute to the progress of implementation of Annex VII of the Dayton Peace Agreement for Bosnia and Herzegovina, i.e. to the achievement of sustainable return of refugees and displaced persons to their former places of residence, BiH adopted the Revised strategy for the implementation of Annex VII of the Dayton Peace Accords.

115.It is also important to note that on 13 November 2008, the Council of Ministers of Bosnia and Herzegovina considered and adopted the Information on population and housing census in BiH and made the following conclusions: that the year 2011 is defined as the target year for the census, and that the census of 1991 continues to be the basis for national representation in all state, Entity, cantonal and municipal institutions ending with 2014.

116. Economic, social and cultural rights are also guaranteed by the Constitution of BiH and Entity Constitutions and the individual governing laws. Due to the recent war in BiH and in accordance with the Dayton Agreement, particular attention has been given to legislation concerning the rights to property, return to the former place of residence, education, employment and social welfare.

117. The Competition Council of Bosnia and Herzegovina (hereinafter the Competition Council of BiH) has the sole authority in deciding on the presence of prohibited competitive activity in the market of Bosnia and Herzegovina. The Competition Council, as an autonomous and independent body with the status of a legal person with its headquarters in Sarajevo, was established 1 May 2004, pursuant to the provisions of the Law on Competition (“Official Gazette of BiH” No. 30/01), adopted in 2001. The Law on Competition, for the first time, regulated competition policy as one of the most important instruments and pillars to create and strengthen a single economic space or market in BiH.

118.In order to promote social rights, in September 2008, BiH completed the process of ratification of the Revised Social Charter of Council of Europe (1996) and started to prepare the first report of Bosnia and Herzegovina on the implementation of the said international instrument.

119. Freedom of access to the market: BiH is the country in transition and that is why a new policy of market economy is being introduced, which brings birth to the need for a new legal framework that will regulate this area. The BiH Parliament adopted the Law on Labour and Employment of BiH. It should be noted that, besides confirming the continuity of BiH as a subject in international law, the provision of Article II of the Constitution also provides for retention of membership in international organizations. BiH has maintained its membership in the International Labour Organization (ILO) and thus is a signatory to 79 ILO Conventions 79 that it is obliged to implement. The Entities have arranged labour and employment field with their laws and the process of harmonization with the Conventions signed by Bosnia and Herzegovina is underway.

120. Freedom to choose an occupation, the right to equal remuneration for work (men and women): the laws that regulate labour in BiH and its Entities in terms of acquiring the right to work and rights accruing from labour do not distinguish between men and women except in the case of statutory benefits provided to new mothers. The current economic situation in BiH, Entities and cantons where the rights are exercised, affects the realization of workers’ rights. Due to high unemployment rate and slow economic recovery, there is an outstanding problem with regard to exercising the workers’ rights.

121. The right to health and social care in BiH is realized at the Entity level and is regulated by Entities laws on social and health care. The realization of these rights is difficult because of lack of funds in the budgets of Entities and cantons which are obliged to ensure the funds for this purpose. The laws governing this area are in the process of harmonization with the Conventions that BiH has committed to apply. In this regard, we note that in 2007 BiH ratified the Convention of the Council of Europe on Biomedicine and the Biomedical Research, as well as the Additional Protocol thereto, and that the process of harmonization of BiH legislation with this Convention is underway.

122. The right to freedom of association and assembly is defined by the Constitution of BiH. The Article II, Item 3 of the Constitution stipulates that a citizen of Bosnia and Herzegovina has the freedom of peaceful assembly and association with others. In connection with these freedoms BiH has passed several laws regulating this area. Freedom of association and assembly at the state level is regulated by the Constitution and the laws enacted at the state and Entities levels, which set forth an obligation of organizers to notify the intention of assembly to the relevant authority. Practice shows that there are situations when there are attempts to prevent or otherwise restrict an assembly of citizens. Organizers also often misuse their right of assembly for the purposes of some other goals that were not reported as the reasons for the assembly.

123.The BiH Constitution, the Constitutions of the Entities and the Brcko District, guarantee the right of association and right to peaceful assembly, freedom of association with others, so that freedom of association is the constitutional right of all persons in BiH.

124.The Constitution of BiH and Entity Constitutions do not introduce restrictions on the exercise of the right to peaceful assembly. The competent authority shall prohibit the public assembly which is aimed at forcible changing the order established by the Constitution, violation of territorial integrity of Bosnia and Herzegovina, a violation of constitutionally guaranteed rights and freedoms of man and citizen, inciting national, racial and religious intolerance and hatred. The competent authority may prohibit the maintenance of public assembly in order to prevent disruption of public traffic, endangering the health, public morals or safety of persons and property. The person against whom the court has pronounced a security measure prohibiting public appearance cannot convene any public gathering of people or speak out thereon. This issue is governed by the laws of the gathering of citizens, both at the state level and the level of both Entities and Brcko District. They treat the gathering of citizens as free and democratic, if exercised in accordance with legal regulations. Gathering of citizens, in terms of the laws in force, means the convening and holding meetings on the designated area.

125.The Law on Freedom of Religion and Legal Position of Churches and Religious Communities in Bosnia and Herzegovina (“Official Gazette of BiH”, No. 5 / 04) provides that freedom of religion or belief includes the right of any person, or church or religious community to be able to perform religious rites in their own or rented buildings or premises that meet the requirements for bringing a large number of persons in open spaces of religious buildings, cemeteries, and homes and farms of its believers. In addition, they can freely organize public religious ceremonies, performances and other religious and cultural gatherings in public places in accordance with the law governing the assembly of citizens.

126.The Law on Associations and Foundations, at state and Entity level, regulates in an identical manner the issues of establishment, registration, internal organization and cessation of work of associations and foundations and does not apply to political organizations, religious groups, trade unions and sports organizations.

127. Freedom of religion: the Constitution of BiH and Entity Constitutions prohibit any kind of discrimination on the ground of religious affiliation. BiH adopted the Law on Freedom of Religion and Legal Position of Churches and Religious Communities in Bosnia and Herzegovina, which is in line with international conventions on protection of human rights signed by BiH. Members of religious denominations working in BiH, organized in the Inter-religious Council of Bosnia and Herzegovina also work on the prevention of discrimination on the basis of religion. This Council is actively cooperating with the authorities of BiH and together with the authorities carry out joint activities to improve freedom of religion, the legal status of churches and religious communities in BiH. The principles of this Law were the basis upon which BiH has concluded and ratified two bilateral agreements, with the Holy See and the Serbian Orthodox Church, while concluding an agreement with the BiH Islamic community is in the process. Pursuant to the Agreement of BiH with the Holy See, the Mixed Commission was established, composed of high-ranking representatives of BiH authorities (ministers of government ministries) and representatives of the Vatican (of which one is accredited as the Papal Nuncio in BiH) responsible for monitoring the implementation of obligations arising from the said agreement.

128.It should be noted that BiH is a country in which there are four great monotheistic religions – in Sarajevo, the capital of Bosnia and Herzegovina, in the space of only 500 m2 there are located the Bey Mosque, the Cathedral, and the old Orthodox church and the Synagogue of Ashkenazi Jews as well as the Old Temple of Sephardic Jews who found refuge in the territory of BiH (which was then part of the Ottoman empire) after being expelled from Spain in 1492, in the period of great geographical discoveries, by King Philip and Queen Isabella. All of the above indicates, especially after the tragic conflict in BiH in 1992–1995, that among other things, revealed religious differences, that BiH must approach this issue seriously and how seriously it does it so in order to connect diversities to the benefit of society as a whole.

129. Education: BiH committed to undertake the reform of educational systems that was initiated within the European space and laid down in a joint declaration of European Ministers in Bologna, in June 1999. The basic condition for the realization of this process is the adoption and harmonization of laws on primary, secondary and higher education in BiH, in order to meet above obligations and ensure access to education without discrimination. In addition to passing the Framework Law on Primary and Secondary Education in Bosnia and Herzegovina (“Official Gazette of BiH” No. 18/03), this area is predominantly regulated by Entities and cantonal laws that have largely been harmonized with the principles set out in the international conventions signed and ratified by BiH. Namely, BiH has established a system of nine-year basic education, and introduced a system of compulsory pre-school education starting from the child’s age of five years, which will be implemented within the framework of institutions for pre-school education by place of residence of the parents of a minor child.

130.Within the reform of the educational system, BiH has introduced the principles of Bologna (3 +5) in higher educational system, which allows the acquisition of the diploma for the BiH young people after three years of higher education, or degree /MASTER DEGREE/ after five years of education at the higher educational institutions.

131. Ethnic minorities: the Law on the Protection of National Minorities (“Official Gazette of BiH”, No: 12/03 and 76/05) sets forth obligations for Entities, cantons, municipalities and towns in Bosnia and Herzegovina to regulate more fully rights and obligations arising from this Law. This Law is based on fundamental principles from the Framework Convention for the Protection of National Minorities that BiH ratified on 24 February 2000, and which entered into force on 1 June 2000.

132.The national minorities which are listed exhaustively in the said Law, and there are 17 of them in BiH, some of which are traditional, and some have acquired the name of minorities after dissolution of the former SFRY (e.g., Slovenes, Montenegrins and Macedonians) because in ex Yugoslavia they belonged to one of six peoples, while ethnic minorities in the state Constitution and the constitutions of the then Republics were treated as a nationality. We can conclude that in this region the Law on Protection of National Minorities was adopted for the first time.

133.Amendments to the Electoral Law of Bosnia and Herzegovina have ensured participation of representatives of national minorities in proportion to their share in the total population of the local community (3%). These statutory provisions made major advances in protecting the rights of national minorities in BiH, because they can be present on electoral lists as members of certain minority communities and not to ensure participation in the government as representatives of particular political parties.

134.In 2004, in order to improve the position of national minorities, BiH signed the European Charter for Regional or Minority Languages, and on 22 September 2010 deposited the ratification documents with the Council of Europe in Strasbourg, which officially ended the ratification of this important European document.

135.The Council for National Minorities was established and started operating within the Parliamentary Assembly of BiH, as well as Parliaments of both Entities. Bearing in mind the fact that Roma are the largest and most vulnerable minority in BiH, the Council for Roma of Bosnia and Herzegovina started to be operational in addition to the Board of Roma, composed of representatives of the government and Roma associations within the Council of Ministers of BiH.

136.In order to protect the rights of the Roma, in April 2005 the Council of Ministers of BiH adopted a Strategy of BiH for Solving Problems of the Roma, as a national program, which was the basis for making up the Action Plan for Roma adopted on 3 July 2008, in the areas of: employment, housing and health care. Activities to revise the Action Plan on the Educational Needs of Roma are in the final stage. The project on registering the Roma birth in birth registries is also implemented.

137.In the fall of 2007, at the meeting held in Belgrade, BiH joined the Decade of Roma Inclusion 2005–2015, which have made major advances in protecting the rights of numerous national minorities in BiH. The accessing to the Decade of Roma created the conditions for more specific and complete resolution of the problems of Roma. The Coordinating Committee was formed headed by the coordinator who will monitor the implementation of the adopted action plans. BiH joined the project of recording needs of the Roma minority in the whole territory of Bosnia and Herzegovina on the basis of which the Central Register of Roma (CER) will be established within the Ministry for Human Rights.

138. Women’s rights: the Law on Gender Equality in Bosnia and Herzegovina (“Official Gazette of BiH” No. 32/10 – revised text) regulates, promotes and protects gender equality and guarantees equal opportunities for all citizens in both the public and private sphere of life, and prohibits direct and indirect discrimination based on sex.

139.In late 2003, The National Action Plan was prepared and the Gender Equality Agency of Bosnia and Herzegovina was formed, in accordance with this Law. The Commission for Gender Equality of the House of Representatives of the Parliamentary Assembly of Bosnia and Herzegovina and the Joint Commission for Human Rights, Rights of Children, Youth, Immigration, Refugees, Asylum and Ethics were established as well as the Gender Equality Agency of Bosnia and Herzegovina. Gender centres were established at the Entity level, and commissions and committees for gender equality were appointed. The Commissions for Gender Equality were appointed at the cantonal, town and municipal levels.

140.The adoption of this Law, the National Action Plan and the establishment of the Agency seek to prevent all forms of discrimination against women in BiH.

141. Children’s rights: The rights of children in BiH are guaranteed by the Constitution of BiH and Entity Constitutions and by the laws passed at the Entities, Brcko District and cantonal level. Laws that protect children’s rights are the laws in the field of social care, family law, law on child’s protection, laws in the field of education and health. The Council of Ministers of BiH adopted the Plan of Action for Children 2002–2010. On the basis of the adopted Plan of Action, the Council for Children of BiH was established and it is responsible for implementing this Plan, whose activities will be geared towards preventing discrimination against children. U 2010, it is planned to create the new Action Plan for Children for the period 2011–2014.

142.By succession of 1 September 1993, BiH adopted the Convention on the Rights of the Child on 7 September 2000 and 4 September 2000 it signed two Optional Protocols to the Convention on the Rights of the Child, namely: on participation of children in armed conflicts, and the sale of children and child prostitution and pornography. After submission of its First Initial Report on the Convention on Rights of the Child, BiH also made additional reports. The combined second, third and fourth periodic report on implementation of the Convention on the Rights of the Child was created and successfully presented before the competent UN bodies.

D.Stabilization and accession to the EU

143. The comprehensive process of harmonization of laws in BiH is underway, in order to make harmonization with the established principles contained in international documents, to include BiH into the European integration process, as well as the preparation of the feasibility study for the stabilization and accession to the European Union. In May 2008, BiH signed the Agreement on Stabilization and Accession to European Union, thus paving the way for BiH towards all-European unity.

144.Effective protection of human rights requires an efficient state, with legal instruments of power necessary for the rule of law and the construction of BiH as a democratic state that guarantees the highest level of protection of human rights and fundamental freedoms.

145.In this respect, the BiH authorities have established working bodies in charge of the process of harmonizing legislation with EU legislation on the basis of acquis communataire.

IV.General framework for the protection and promotion of human rights

A.Adoption of international standards in human rights

146.Expressing a desire to improve and persevere on the protection of human rights, BiH signed and ratified many international conventions on human rights.

International treaties on human rights

147.BiH ratified the following UN international treaties on human rights:

(a)Convention on the Prevention and Punishment of Crimes and Genocide, (“Official Gazette of R BiH”, No. 25/93), succession of 29 December 1992;

(b)Convention on Non-Applicability of Statutory Restrictions of the Crime against Humanity (“Official Gazette of R BiH”, No. 25/93, succession of 1 September 1993;

(c)International Convention on the Prevention and Punishment of Crimes in Connection with Apartheid, (“Official Gazette of R BiH”, No. 25/93, succession of 1 September 1993;

(d)International Convention on the Prevention of Racial Discrimination in Sports (“Official Gazette of R BiH”, No. 25/93), succession of 1 September 1993;

(e)International Covenant on Economic, Social and Cultural Rights (ICESCR) – (“Official Gazette of R BiH”, No. 25/93, succession of 1 September 1993;

(f)International Covenant on Civil and Political Rights (CCPR) – (“Official Gazette of R BiH”, No. 25/93), succession of 1 September 1993;

(g)Optional Protocol to the International Covenant on Civil and Political Rights (CCPR-OP1) – ratification of 1 March 1995;

(h)The Second Optional Protocol to the International Covenant on Civil and Political Rights aimed at abolishment of the death penalty (CCPR-OP2-DP) — Signed — 7 September 2000, ratification of the 16 March 2001;

(i)International Convention on the Elimination of All Forms of Racial Discrimination (CERD) – (“Official Gazette of R BiH”, No. 25/93), succession on 16 July 1993;

(j)Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) – (“Official Gazette of R BiH”, No. 25/93), succession on 1 September 1993;

(k)Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW-OP) – signed on 7 September 2000, ratified on 4 September 2002;

(l)Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) – (“Official Gazette of R BiH “, No. 25/93), succession on 1 September 1993;

(m)Convention on the Rights of the Child (CRC) – (“Official Gazette of R BiH”, No. 25/93), succession on 1 September 1993;

(n)Optional Protocol to the Convention on the Rights of the Child (CRC-OP-C) on the Participation of Children in Armed Conflict, signed on 7 September 2000, the instrument of ratification has not yet been deposited;

(o)Optional Protocol to the Convention on the Rights of the Child (CRC-OP-SC) on the Sale of Children, Child Prostitution and Child Pornography, signed on 7 September 2000, ratification on 4 September 2002;

(p)International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (MWC) – accessing on 13 December 1996;

(q)Convention on the Status of Refugees from 1951 – succession on 1 September 1993;

(r)Protocol on the Status of Refugees from 1967 – succession on 1 September 1993;

(s)Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the UN Convention against Trans-national Organized Crime;

(t)Protocol against the Smuggling of Migrants by Land, Sea and Air, supplementing the United Nations Convention against Trans-national Organized Crime, (“Official Gazette of BiH, No. 3/02), ratification on 27 March 2002;

(u)Protocol to Prevent Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Trans-national Organized Crime (“Official Gazette of BiH”, No. 3 / 02), ratification on 27 March 2002.

148.The ratification of the Convention on Enforced Disappearance is in process.

ILO instruments on human rights

149.ILO instruments on human rights that BiH has signed and ratified:

(a)Convention on Forced Labour, 1930 (No. 29);

(b)Convention on Freedom of Association and Protection of the Right to Organise, 1948 (No. 87);

(c)Convention on the Right to Organise and Collective Bargaining, 1949 (No. 98;

(d)Convention on Equal Remuneration, 1951 (No. 100);

(e)Convention on Minimum Standards of Social Security, 1952 (No. 102);

(f)Convention on Discrimination in Employment and Work, 1958 (No. 111);

(g)Convention on Employment Policy, 1964 (No. 122);

(h)Convention on Minimum Age for Employment, 1973 (No. 138);

(i)Convention on the Worst Forms of Child Labour, 1999 (No. 182), and others.

Council of Europe instruments

150.Council of Europe instruments on human rights, signed and ratified by BiH:

(a)Convention on the Protection of Human Rights and Fundamental Freedoms — signed on 24 April 2002, ratified on 12 July 2002 — came into force on 12 July 2002;

(b)Protocol to the Convention on the Protection of Human Rights and Fundamental Freedoms, signed on 24 April 2002, ratified 12 July 2002r – came into force on 12 July 2002;

(c)Protocol No. 2 to the Convention on the Protection of Human Rights and Fundamental Freedoms, which is transferred to the jurisdiction of the European Court of Human Rights for advisory opinion, signed on 24 April 2002, ratified on 12 July 2002 – came into force on 12 July 2002;

(d)Protocol No. 3 to the Convention on the Protection of Human Rights and Fundamental Freedoms, which amended Articles 29, 30 and 34 of the Convention, signed on 24 April 2002, ratified on 12 July 2002 – came into force on 12 July 2002;

(e)Protocol No. 4 to the Convention on the Protection of Human Rights and Fundamental Freedoms, securing certain rights and freedoms different from those already included in the Convention and its First Protocol, signed on 24 April 2002, ratified on 2 July 2002 – came into force on 12 July 2002;

(f)Protocol No. 5 to the Convention on the Protection of Human Rights and Fundamental Freedoms, amending and supplementing Articles 22 and 44 of the Convention, signed on 24 April 2002, ratified on 12 July 2002 – came into force on 12 July 2002;

(g)Protocol No. 6 to the Convention on the Protection of Human Rights and Fundamental Freedoms concerning the abolition of the death penalty, signed on 24 April 2002, ratified on 12 July 2002 – came into force on 1 August 2002;

(h)Protocol No. 7 to the Convention on the Protection of Human Rights and Fundamental Freedoms, signed on 24 April 2002, ratified on 12 July 2002 – came into force on 1 October 2002;

(i)Protocol No. 8 to the Convention on the Protection of Human Rights and Fundamental Freedoms, signed on 24 April 2002, ratified on 12 July 2002 – came into force on 12 July 2002;

(j)The European Convention for the Protection of Torture and Inhuman or Degrading Treatment or Punishment, signed on 12 July 2002, ratified on 12 July 2002, entered into force on 1 November 2002;

(k)Protocol number 11 to the Convention on the Protection of Human Rights and Fundamental Freedoms concerning the modification of previously established control mechanism, signed on 24 April 2002, ratified on 12 July 2002, entered into force on 12 July 2002;

(l)Framework Convention for the Protection of National Minorities, ratified on 24 February 2000, entered into force on 1 June 2001;

(m)Protocol No. 12 to the Convention on the Protection of Human Rights and Fundamental Freedoms, signed on 24 April 2002, ratified on 29 July 2003;

(n)Protocol No. 13 to the Convention on the Protection of Human Rights and Fundamental Freedoms, signed 3 May 2002, ratified on 29 July 2003, came into force on 1 November 2003;

(o)The Revised Social Charter, 1996, signed on 24 May 2004, ratified on 7 October 2008;

(p)Protocol No. 14 to the Convention on the Protection of Human Rights and Fundamental Freedoms, ratified 2006, whereas after the accession of the Russian Federation to the Protocol No. 14 to the European Convention on Human Rights and Fundamental Freedoms, the Protocol 14 was withdrawn from the process of ratification because it lost its importance and appropriateness.

151.Instruments of the Council of Europe regarding human rights, signed but not ratified by BiH: European Charter on Regional or Minority Languages, signed on 7 September 2005 and on 21 September 2010.

B.Legal framework for the protection of human rights at the national level

152. We note that for the sake of easier understanding of the human rights in BiH, the text below will clarify the normative and legal framework as well as objective obstacles that BiH faces in advancing and promoting the human rights.

153. The Law on the Protection of National Minorities was adopted and came into force in May 2003 (“Official Gazette of BiH” No. 12/03). After its adoption, the Law on the Protection of National Minorities, was published in three official languages in the “Official Gazette of BiH’’, translated into English and Roma language, which is of great importance for the emancipation of the Roma national minority in BiH.

154The RS National Assembly, as the highest body of legislative power, adopted already at the end of December 2004, the Law on Protection of National Minorities in the RS (“Official Gazette of RS “no. 2/05), and the Parliamentary Assembly of FBiH has not yet completed this job though it works on it intensively.

155. The Law on Amendments to the Law on the Protection of National Minorities was adopted in October 2005 (“Official Gazette of BiH” No. 76/05).

156The decision to establish the Council for National Minorities of the Parliamentary Assembly of Bosnia and Herzegovina was adopted and published in May 2006 (“Official Gazette of BiH” No. 38/06), on whose basis this advisory body was constituted. The body of the same jurisdiction was constituted within the Republika Srpska National Assembly and the Parliament of the Federation of Bosnia and Herzegovina.

157. In February 2004, with the mediation of the OSCE Mission and regarding the education of national minorities in BiH, the BiH authorities adopted the Plan of action to meet the educational needs of Roma and other ethnic minorities in Bosnia and Herzegovina, whose review is currently under the work of the Committee for the review of the Action Plan.

158. The Ministry for Human Rights and Refugees of BiH, in cooperation with the Roma Committee of BiH has prepared a document entitled “Strategy of BiH for solving the problems of Roma”, which was adopted by the Council of Ministers of BiH and published in the “Official Gazette of BiH”, No. 67/05, of 27 September 2005. Adoption of this document means the adoption of specific program of activities in different areas of life that will affect change and improve the overall social situation of the Roma population in BiH (education, employment, housing, health and social care, recording of needs of Roma, etc.).

159.On 3 July 2008, the Council of Ministers of BiH adopted the Action Plan for Roma for solving problems of Roma in the areas of: employment, housing and health care. On 4 September 2008, at the Conference in Belgrade, BiH joined the Decade of Roma, and in early 2009, formed the Coordination Committee for the monitoring and implementation of the Action Plan and the Chairman of the Council of Ministers of BiH appointed the National Coordinator for the Decade of Roma. Based on this Action Plan, in late 2009, BiH carried out the recording needs of the Roma in the above mentioned areas.

160. Adoption of the Law on Protection of National Minorities of BiH formally extended the possibility of exercising the rights of national minorities, especially after the enactment of adequate legislation and adopting the basic international documents relating to the protection of national minorities. Special places belong to the Framework Convention for the Protection of National Minorities, the European Convention on Human Rights and Fundamental Freedoms and the European Charter for Regional or Minority Languages.

161. Starting with its Constitution (which incorporates the European Convention on Human Rights and Fundamental Freedoms of Man and Citizen) BiH has been committed to respecting the rights to freedom of religion and free expression of beliefs.

162. In order to exercise the rights to freedom of conscience and religion as guaranteed by the Constitution of BiH and by the highest international standards, in March 2004, Bosnia and Herzegovina adopted, through the Parliamentary procedure, the Law on Freedom of Religion and Legal Position of Churches and Religious Communities in Bosnia and Herzegovina with intention to contribute to improving mutual understanding with respect to its own heritage and traditional values of tolerance and coexistence present in the centuries-long life of BiH.

163.Pursuant to the provisions of the said Law, BiH signed and ratified two international legal instruments:

(a)Basic Agreement between BiH and the Holy See (signed in April 2006) and the Additional Protocol to the Basic Agreement, signed in September 2006. In September 2010, in Vatican, the BiH delegation concluded a Concordat on Spiritual Office in the Armed Forces of BiH with the representatives of the Holy See.

(b)Basic Agreement between Bosnia and Herzegovina and the Serbian Orthodox Church, signed in 2007 and ratified in 2008.

164.The Agreement between BiH and the Islamic Community in BiH is in preparation.

165.Subject to the provisions of the Basic Agreement between BiH and the Holy See, in December 2008, the Joint committee for the implementation of the Agreement was established.

166. The highest efficiency in promoting gender equality in BiH, as we noted, is attributed to the passing of the Law on Gender Equality in Bosnia and Herzegovina (“Official Gazette of BiH” No. 32/10-revised text) that follows the provisions of the UN Convention on the Elimination of All Forms of Discrimination against Women – CEDAW and to the establishment of the Agency for Gender Equality of BiH, Commission for Gender Equality of the House of Representatives of the Parliamentary Assembly of Bosnia and Herzegovina, Gender Centres at Entities level as well as to other gender institutional mechanisms at state, Entity, cantonal, town and municipal levels, in both the executive and in legislature authorities.

167.In 2009, the Amendments to the Law on Gender Equality in Bosnia and Herzegovina (“Official Gazette of BiH” No. 102/09) and the revised text of the Law (“Official Gazette of BiH” No. 32/10) were adopted. The amendments are in line with new EU directives and the General recommendations of the UN CEDAW Committee. The text of the Law promotes and clearly defines the terms and obligations of the competent institutions.

168.In 2006, the Council of Ministers of BiH adopted the BiH Gender Action Plan, a strategic document, whose main goal is inclusion and the realization of the principle of gender equality in BiH in all spheres of public and private life. It contains fifteen chapters, as follows: European integration in light of gender equality, Cooperation and capacity building, Macroeconomic and development strategies, Gender sensitive budgets, Political life and decision-making, Employment and labour market, Social inclusion, Gender sensitive media, Lifelong learning, Health, prevention and protection, Domestic violence, Sexual harassment, Harassment and trafficking in persons, Role of men, Harmonization of work and family life, Gender and sustainable environment and Communications and information technology. The main task of the Gender Action Plan is that the competent institutions take responsibility for the implementation of activities under their jurisdiction according to the document and to include them in their regular work programs and provide adequate funding in the budget.

169.The Agency for Gender Equality of BiH has initiated the establishment of the financial mechanism for implementing the Gender Action Plan of Bosnia and Herzegovina (FIGAP program) in cooperation with Entity Gender Centres. The cooperation was established and the Agreement signed between the group of donors and the Council of Ministers of BiH on joint funding of activities of the Gender Action Plan of Bosnia and Herzegovina.

170.FIGAP program defines a five-year plan for implementing the Gender Action Plan of Bosnia and Herzegovina. Priorities and annual plans of FIGAP program will be brought in conformity with the annual plans of institutions at all levels. FIGAP provides activities that will continue to strengthen the capacity of institutional mechanisms concerning gender issues in BiH and their institutional and non-institutional partners as defined in the BiH Gender Action Plan.

171.The aim is to enable the integration of gender equality at all levels of government in which ownership and commitment in the process of gender integration lies with all government institutions.

172.The principle of gender equality has been integrated into the Development Strategy of BiH 2008–2013 and the Strategy on Social Inclusion 2008–2013 of the Directorate for Economic Planning of BiH, which is a prerequisite for reducing poverty in BiH, given the increasing “feminisation of poverty”. This process is acknowledged as the necessity for integrating gender components into the most important development documents in BiH, and thus contributes to the objectives of the international framework for global development, poverty reduction and promotion of the realization and enjoyment of human rights and equality between men and women.

173. Very early, the Agency for Gender Equality of BiH, the Ministry for Human Rights and Refugees, of BiH in cooperation with the Ministry of Foreign Affairs of BiH, the Ministry of Defence of BiH, the Ministry of Security of BiH, BHMAC, Entity Gender Centres and police forces of Entities and non-governmental organizations in BiH, recognized the importance of UNSCR 1325 “Women, Peace and Security” for BiH. So far, they have carried out numerous activities aimed at implementing the Resolution. These activities resulted in the drafting of the Action Plan for Implementation of UNSCR 1325 in BiH, which is the first action plan in the region and is already an example for other developments of action plans for implementation of this Resolution.

174. BiH pays special attention to issues of domestic violence victims. Of the total number of victims of domestic violence, women account for 92–98%. The Strategy for the Prevention and Fight against Domestic Violence in Bosnia and Herzegovina for the period 2009–2011 (“Official Gazette of BiH”, No. 70/09) was adopted at the state level in order to define the activities on prevention and elimination of domestic violence. The Strategic Plan for the Prevention of Domestic Violence of the Federation of Bosnia and Herzegovina for the period 2009–2010 and the Action Plan to Combat Domestic Violence in 2008 and 2009 in the Republika Srpska were enacted at the Entity level.

175.In order to provide a high level of protection of human rights, both Entities of BiH adopted the Law on Protection from Domestic Violence of FBiH (“Official Gazette of FBiH” no. 22/05) and the Law on Protection from Domestic Violence in RS (“Official Gazette of RS”, no. 118/05) and amendments to the said Law (“Official Gazette of RS “no. 17/08) to sanction offenders and protect victims of violence through legislation.

176.Learning from the negative experience and many victims caused by the last armed conflict (1992–95), the evidence of which is the adoption of the Law on Missing Persons of BiH (“Official Gazette of BiH”, no. 50/04) and the establishment of the Institute for the Missing Persons of BiH (number of missing persons in BiH is about 8,000 missing persons), BiH, as a member of the UN and the Council of Europe and as a country with millennial existence on the European ground, which recently signed an Agreement on Stabilisation and Accession with the EU, is committed to (as evidenced through the above legislation) to strengthen the multinational, multicultural democratic society in which the members of the three constituent peoples of BiH and 17 national minorities listed exhaustively in the law will fully enjoy human rights guaranteed by international instruments to protect them, without fear of some new genocide.

177. Following the example of European countries that support the adoption of comprehensive anti-discrimination legislation, BiH adopted the Law on the Prohibition of Discrimination. Furthermore, the Law on Banishment of All Fascist and Neo-Fascist Organizations and Use of Their Symbols in BiH is in the parliamentary procedure.

C.Promotion of human rights at the State level

Institutions for the protection of human rights in BiH

178. In accordance with the laws of BiH, the following institutions currently have a mandate to promote, enhance and protect human rights at the state level, as follows: the Constitutional Court of BiH, the Court of BiH, the institution of Ombudsman for Human Rights of BiH (established in accordance with Annex 6 of DPA), the Ministry for Human Rights and Refugees of BiH, the Missing Persons Institute of BiH, and the commissions and committees that deal with issues of human rights, established within the Parliamentary Assembly of BiH and Assemblies of the Entities and Brcko District.

Constitutional Court of Bosnia and Herzegovina

179. The Constitutional Court of BiH has exclusive jurisdiction to decide any dispute that arises under the Constitution of BiH between two Entities, or between BiH and one or both Entities, and between institutions of BiH. The Constitutional Court of BiH has jurisdiction over issues referred to it by any court in BiH in connection with whether a law, on whose validity its decisions depend, is compatible with the Constitution, with the European Convention on Human Rights and Fundamental Freedoms and its Protocols, or with the laws of BiH; or the existence or the general scope of rule of international law pertinent to the decision of the given court. Decisions of the Constitutional Court are final and binding.

180.The Constitutional Court consists of 9 members, 4 members are elected by the FBiH House of Representatives, 2 members are elected by the National Assembly of the Republika Srpska and the other 3 members are elected by the President of the European Court of Human Rights after consultation with the Presidency. Initially appointed judges serve for the period of five years, unless they resign earlier or are removed for cause by consensus of other judges. Initially appointed judges are not eligible for reappointment. Judges may serve until age of 70, unless they resign earlier or are removed for cause by consensus of other judges.

181.The Human Rights Commission functions within the Constitutional Court of BiH. Its work began after the closing of the Human Rights Chamber, institution sui generis – formed in accordance with Article 6 of the Dayton Peace Agreement for BiH, which treats alleged or apparent violations of human rights that are guaranteed by the European Convention on Human Rights and Fundamental Freedoms and its supporting documents.

182.BiH has ratified the European Convention on Human Rights and Fundamental Freedoms on 12 July 2002, as well as its accompanying protocols, and based on the control mechanisms of this document it falls under the jurisdiction of the European Court for Human Rights. Bearing in mind the above mentioned, upon the proposal by the Council of Ministers of BiH, the BiH Parliament adopted the Decision on the transfer of responsibilities from the House for Human Rights onto the Constitutional Court of BiH.

Court of Bosnia and Herzegovina

183. The Court of Bosnia and Herzegovina (hereinafter the Court of BiH) ensures better protection and respect for human rights and the rule of law. The Court of BiH was formed on the basis of the Law on Court, which entered into force in July 2003. The Court is composed of 15 judges. The impartiality in the selection of judges is assured through the appointment by the Commission for the Nomination of Judges, the High Judicial and Prosecutorial Council of BiH. The judicial function is incompatible with any political function. The Court comprises three chambers: Penalty Chamber, Administrative Chamber and Appeal Chamber.

184.The Court of BiH has jurisdiction to make the final and binding decisions on the enforcement of State laws and international treaties upon the appeal of any court of the Entities or any court of the Brcko District entrusted with the application of State laws; it resolves the conflict of jurisdiction between Entity courts; resumes criminal proceedings; decides on complaints against final administrative decisions/acts of the institutions of Bosnia and Herzegovina; evaluates the legality of individual and general acts passed on the basis of State laws; resolves property disputes between the State and Entities and Brcko District, etc. The decisions of the Court are final and binding.

Ombudsman for Human Rights in Bosnia and Herzegovina

185. The Ombudsman for Human Rights in Bosnia and Herzegovina (hereinafter referred to as the Ombudsman) has the authority to investigate alleged human rights violations and to issue findings and recommendations. The Ombudsman may investigate either in response to an allegation or on its own initiative, while its efforts are focused on the peaceful settlement of disputes. The Ombudsman investigates claims of human rights violations, immediately issues findings and conclusions and informs the competent official or institution of its reports or requests. The Ombudsman may initiate proceedings before the Human Rights Chamber, and it may have access to and examine all official documents.

186.According to Article IV of Annex 6, the Ombudsman is appointed by the Chairman-in-Office of the Organization for Security and Cooperation in Europe (OSCE), and cannot be a citizen of BiH or any neighbouring State.

187.On 12 December 2000, the High Representative imposed the Law on Ombudsman for Human Rights in Bosnia and Herzegovina, enabling transfer of responsibilities to the authorities of BiH.

188.In the meantime, the Law on Ombudsman for Human Rights in Bosnia and Herzegovina was confirmed by the Parliament of Bosnia and Herzegovina, thereby fulfilling the first important condition for the transfer of competence onto the State of BiH. The mandate of the Ombudsman appointed by the Chairman-in-Office of the OSCE expired on 31 December 2003. The Presidency of Bosnia and Herzegovina appointed new State Ombudsmen – a Bosniak, a Serb and a Croat. They took up their responsibilities on 6 January 2004. On 4 December 2008, the Parliamentary Assembly of Bosnia and Herzegovina appointed three ombudsmen for human rights from each constituent nation.

189.In August 2007, the Parliament of the Federation of Bosnia and Herzegovina also passed the Law on the manner of termination of operation of the Ombudsmen of the Federation of Bosnia and Herzegovina during the transitional period and on the transfer of authority to Institution of the Human Rights Ombudsman of Bosnia and Herzegovina, and in December 2009, the Republika Srpska National Assembly passed the Law on Cessation of the Law on the Ombudsman of the Republika Srpska – Protector of Human Rights (“Official Gazette of RS” No. 118/09).

190.In the Ombudsman the new department were established, namely: Department for the Rights of Children, Department for Protection of the Rights of Persons with Disabilities, Department for the Rights of Ethnic, Religious and Other Minorities, Department for Economic, Social and Cultural Rights, Department for Political and Civil Rights, Department for the Elimination of All Forms of Discrimination, Department for Protection of the Rights of Detainees/Prisoners.

191.Thus, the merging was made between the Ombudsmen for Human Rights of BiH with the Entities Ombudsman Institutions, and a functional national mechanism for protection of human rights in BiH was fully established.

192.Fifteen employees were retrieved from the Entity organizations. All active cases were overtaken, resolved and filed. The main difficulty is the financing of the overtaken staff funded from the existing BiH institutions budget that has been reduced compared to 2009. Expectations provide for the financing of such institutions from the budget of BiH, as of December 2010. The solutions related to adequate funding of the Ombudsmen of BiH through budget increase for 2011 are actively considered.

Ministry for Human Rights and Refugees of Bosnia and Herzegovina

193. The Ministry for Human Rights and Refugees of Bosnia and Herzegovina was established in April 2000, and among other things, it is responsible for: the promotion and protection of individual and collective human rights and freedoms; the development and implementation of activities to meet obligations in respect of accession of BiH to Euro-Atlantic integrations, in particular the activities enabling implementation of the European Convention on Human Rights and Fundamental Freedoms and protocols thereto, and the establishment of the Gender Equality Agency of Bosnia and Herzegovina.

Missing Persons Institute of Bosnia and Herzegovina

194. The Law on Missing Persons (“Official Gazette of BiH” No. 50/04), adopted in late 2004, set out principles for improving the process of tracing the missing persons, the definition of missing persons, ways of keeping the central register, exercise of social and other rights of the missing persons family members, as well as other issues related to tracing missing persons from BiH and in BiH.

195.The law established and guaranteed the full right to the missing persons family members to know the fate of the missing members of family and relatives, their place of residence/domicile, or, if they are dead, the circumstances, the cause of death and burial, if such place is known, and to receive their remains. The authorities and the bodies are obliged to provide available information to families of missing persons and to institutions responsible for tracing missing persons as well as all necessary assistance related to the improvement of searching and solving cases of missing persons from BiH and in BiH.

196.In order to advance the process of tracing missing persons and to efficiently identify the remains of the missing persons, the Institute for Missing Persons of Bosnia and Herzegovina (hereafter the Institute) was established at the state level as an independent institution for searching missing persons from BiH and in BiH. Co-founders of the Institute for Missing Persons are the Council of Ministers of BiH and ICMP (International Commission for Missing Persons).

197.Although the Law provided for establishment of the Fund for assistance to families of missing persons, this independent administrative organization has not yet started working because the Governments of FBiH, RS and Brcko District have not agreed on the percentage of funding to be allocated for financing of the Fund. The issue of funding and the seat has been delegated to the competent authorities, and it is expected to clarify the above concerns in due time.

198.The importance of supporting the work of the Institute is based on the fact that BiH is still working on clarification and finding of 8,000 missing persons.The important role of protecting human rights and fundamental freedoms in BiH is played by the parliamentary/assembly commissions and committees acting as permanent working bodies of the Parliamentary Assembly of BiH – the Joint Committee on Human Rights, Rights of Children, Youth, Immigration, Refugees, Asylum and Ethics; the Commission for Human rights and Freedoms of the House of Peoples of the Parliament of the Federation of Bosnia and Herzegovina; the Commission on Human Rights and Freedoms of the House of Representatives of the Federation of Bosnia and Herzegovina; the Committee for Equal Opportunities within the National Assembly of the Republika Srpska. Typically, these working bodies deal with issues of human rights protection often triggered by the Ombudsmen, the citizens, political organizations, civic associations, other organizations and communities, and they notify the competent authorities who develop and make their decisions and attitudes thereon.

Role of civil society

199. BiH shows a growing interest for the inclusion of the non-government sector in all aspects of society. Thus, the non-government sector is increasingly becoming a significant factor in the conduct of public affairs and providing services in engagements concerning the exercise of protection of public interests close to the citizens.

200.The legal status of the non-government sector in BiH is based on the provisions of the Constitution of BiH and the Constitutions of the Entities. On this basis, the Law on Associations and Foundations of Bosnia and Herzegovina (“Official Gazette of BiH”, No: 32/01 and 42/03) was enacted and its value is indisputable in view of putting in the same position all persons on the whole territory of BiH and provides for the same conditions for all persons to exercise and protect their human and internationally recognized right to associate freely with others.

201.The Department for civil society was formed within the Ministry of Justice of Bosnia and Herzegovina, as institutional support to civil society organizations in BiH, with very broad competencies. Besides obligations to develop the Strategy to create supportive environment for development of the civil society of BiH, for which proposals have already been made, the conditions are also created for NGO to play an important role in the procedures for enacting laws, especially concerning the timely consultation phase.

202.In this regard, the tasks of the government sector include the independence of the NGO sector, material and financial support and preparation of legal and other solutions that will serve to strengthen the non-government sector. On the other side, the tasks of the non-government sector should move towards more responsible attitude to the execution of the obligations and use of resources, self-initiated involvement in the overall development and communication trends, while steadily strengthening and improving the quality of their work and activities.

D.Reporting at the national level

203. BiH is in the process of producing a report on the implementation of international documents on human rights, and in accordance with the procedures it appoints inter-departmental working groups to participate in the preparation of reports submitted to the competent committees. The Ministry for Human Rights and Refugees of Bosnia and Herzegovina has a coordinating role in preparing the BiH report.

204.The inter-departmental working groups are composed of representatives of the competent institutions at BiH level, the Entity ministries and representatives of Brcko District. It means that there are representatives from all levels of government organization in BiH, with the active participation of the representatives of the non-government sector.

205.In April 2007, the Council of Ministers of BiH concluded the Agreement on Cooperation between the Council of Ministers of BiH and the NGO sector in BiH. The aforementioned Agreement provides a framework that will help the steering of joint relationship at all government levels in BiH, from local to national level. The NGO sector has a crucial role in society as the third sector, working together with government and business sector. The Agreement aims to create a new approach to partnerships between the Council of Ministers of BiH and the NGO sector in BiH.

206.In this regard, non-governmental organizations are involved in public hearings that are conducted for the purpose of consultation with civil society, giving suggestions and opinions on the Draft Reports. Round tables and seminars are also organized in order to make the BiH report.

207.The Draft report is submitted for review to eminent experts from a number of areas treated by international documents. The Proposal of the report is submitted to the competent institutions for obtaining their opinion, particularly to the Office for Legislation of the Council of Ministers of BiH and other ministries, whose subject matter is within jurisdiction thereof. Before submitting the report to the competent committees, and after the receipt of the above-mentioned opinions, it is referred to the Council of Ministers of BiH, along with draft conclusions, for its consideration and adoption.

208.When the Council of Ministers of BiH adopts the BiH report, the Ministry for Human Rights and Refugees of Bosnia and Herzegovina sets it on the web page, and sends a notification on the adoption of a report to the Council of Ministers of BiH, the Parliamentary Assembly of Bosnia and Herzegovina, the Governments of the Entities and Brcko District, the judicial and legislative bodies and all relevant institutions in BiH.

209.Some of the reports have been published, such as Universal periodic review on human rights in BiH. In this way reports are available to the general public for information.

210.The concluding observations-recommendations with proposed conclusions of international bodies are submitted to the Council of Ministers of BiH for adoption. In addition, the concluding remarks – recommendations of the Committee, as well as BiH reports, are submitted to all BiH authorities and institutions in BiH, and are placed on the website of the Ministry for Human Rights and Refugees of Bosnia and Herzegovina, made in three official languages in use in BiH and in two alphabets. Based on the concluding observations-recommendations of the competent committees, the Ministry for Human Rights and Refugees of Bosnia and Herzegovina prepared, and the Council of Ministers of BiH adopted the Framework Plan for the implementation of the concluding recommendations of the UN Committees for the period 2008–2010, which is continuously implemented and monitored.

211. BiH has presented to the competent UN committees, the following initial reports on the implementation of international documents on human rights:

In February 2005, the Report on the implementation of the UN Convention on the Elimination of Racism and Racial Discrimination in BiH was discussed

In May 2005, The initial report of Bosnia and Herzegovina to the Committee on the Rights of the Child

In mid-November 2005, the Initial report on implementation of the International Covenant on Economic, Social and Cultural Rights in Bosnia and Herzegovina for the period 1993–2003

In November 2005, the Report on the Convention against Torture and Other Cruel, Inhuman or Degrading Punishments and Procedures

The Report on the implementation of the Convention on the Elimination of All Forms of Discrimination against Women in BiH in May 2006 to The Committee of the UN in New York

In October 2006, the Initial report on implementation of the International Covenant on Civil and Political Rights

In April 2009, the Initial report on implementation of the provisions of the International Convention on the Protection of the Rights of All Migrant Workers and Members of their families in BiH, 2003–2006

212. The following documents were developed and submitted to the competent UN committees:

Seventh and eighth periodic report on implementation of the International Convention on the Elimination of All Forms of Racial Discrimination (CERD) in Bosnia and Herzegovina, in July 2008, the presentation is scheduled for August 2010

Combined II, III and IV Periodic Report of BiH on implementation of the Convention on the Rights of the Child, which was successfully presented

Second Periodic Report on implementation of the International Covenant on Economic, Social and Cultural Rights in BiH

In September 2009, the Council of Ministers of BiH adopted the Periodic Report submitted to the UN Committee against Torture, based on the submitted list of questions. Presentation of this Report is scheduled for November 2010

Report on the Optional Protocols to the Convention on the Rights of the Child: Children in Armed Conflict and the Sale of Children, Child Prostitution and Child Pornography

In September 2009, the Council of Ministers adopted the Report of the European Commission for Monitoring of Torture and Inhuman or Degrading Treatment or Punishment (CPT), after monitoring which was conducted in May 2009

In February 2010, the Universal Periodic Review on the situation of human rights in BiH was adopted and successfully presented before the Human Rights Council

213.The Second Periodic Report on implementation of the International Covenant on Civil and Political Rights and the Report on the implementation of the European Social Charter (revised) are in the final phase of development.

214.In 2011, activities are planned for preparation of Periodic Reports on the implementation of the International Convention on the Elimination of All Forms of Racial Discrimination and on the application of the International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families in BiH.