Committee on the Elimination of Racial Discrimination

113th session

Summary record of the 3090th meeting

Held at the Palais Wilson, Geneva, on Tuesday, 13 August 2024, at 10 a.m.

Chair:Mr. Balcerzak

Contents

Consideration of reports, comments and information submitted by States parties under article 9 of the Convention (continued)

Combined fourteenth and fifteenth periodic reports of Bosnia and Herzegovina (continued)

The meeting was called to order at 10 a.m.

Consideration of reports, comments and information submitted by States parties under article 9 of the Convention (continued)

Combined fourteenth and fifteenth periodic reports of Bosnia and Herzegovina (continued) (CERD/C/BIH/14-15; CERD/C/BIH/Q/14-15)

At the invitation of the Chair, the delegation of Bosnia and Herzegovina joined the meeting.

Ms. Chung (Country Rapporteur) said that the State party’s report (CERD/C/BIH/14-15) did not provide satisfactory information regarding the follow-up given to the Committee’s recommendation in its previous concluding observations (CERD/C/BIH/CO/12-13) that the State party should take measures to overcome ethnic tensions and find a solution to promote a more integrated society. Accordingly, she would like to know whether the State party planned to take steps to ensure the peaceful coexistence of ethno-religious groups, especially in view of the deterioration of the political situation since 2021. The Committee would appreciate the delegation’s comments on reports that the authorities of the Republika Srpska were placing pressure on judicial institutions and actively subverting the State of Bosnia and Herzegovina and, as a result, undermining the General Framework Agreement for Peace in Bosnia and Herzegovina (Peace Agreement). It would be helpful to hear about the proposal for the peaceful separation of the Republika Srpska from the Federation of Bosnia and Herzegovina, which had been announced by the President of the Republika Srpska in May 2024. She would welcome detailed information on the State party’s request for support from the Peacebuilding Fund and the outcomes of any initiatives launched with that support.

In the light of reports of widespread discrimination against individuals who did not belong to one of the constituent peoples (Bosniaks, Croats and Serbs), she wished to know what measures had been adopted to ensure the enjoyment by such individuals, in law and in practice, of equal rights on an equal footing with members of the constituent peoples. An update on the progress made under the Strategy for the Promotion and Protection of the Rights of Members of National Minorities of the Republika Srpska (2020–2024) would be welcome. The delegation might wish to confirm whether steps had been taken in 2021 to revise the Peace Agreement and, if so, what that revision process had entailed.

She would appreciate information about any measures taken to promote and guarantee the political participation of individuals belonging to ethnic minorities and their representation in decision-making positions and institutions. She would also be grateful for information on the composition of the Council for National Minorities, the selection process for its members, its functions, and its participation in decision-making processes and the development of policies concerning national minorities. Further details of the first-ever conference on national minorities, held in May 2024, would be welcome. It would be helpful for the delegation to respond to reports that candidates belonging to one of the constituent peoples had falsely declared themselves to be members of a national minority when standing in elections or running for seats in institutions that were required by law to reserve places for candidates from national minorities. In that connection, she would appreciate more in-depth information on the initiative to prevent the misuse of national minority status and improve the election process, which had recently been submitted to the Parliamentary Assembly.

In view of reports of the continued existence of mono-ethnic schools and the system of “two schools under one roof”, under which children from different ethnic groups were educated in the same building but taught different curricula, she would like to know what the State party had done to end all forms of discrimination in the education system and develop a more inclusive system that would enable all children to follow a common core curriculum while ensuring respect for each child’s language. Furthermore, it would be useful for the delegation to provide information on any measures, taken or envisaged, to ensure that members of national and ethnic minorities were able to receive an education and enjoy television and radio programmes in their own language.

Noting that the Committee had received reports that Roma and migrant communities were subjected to mandatory testing for HIV/AIDS in some parts of the country, she wished to learn what measures were being taken to ensure that such tests and other forms of health surveillance were conducted in a non-discriminatory manner and, furthermore, whether the Government was considering putting an end to such testing. The Committee would also welcome information on the steps taken to tackle the linguistic and cultural barriers to health-care access encountered by members of national and ethnic minorities and on whether health-care workers received human rights training that focused on racial discrimination and stigmatization. The delegation might also wish to describe any actions being taken to combat multiple and intersecting forms of discrimination in all spheres.

She would be grateful for an explanation of the measures adopted to ensure that children belonging to national and ethnic minorities had access to birth registration services. Information on any policies or measures implemented to prevent statelessness would also be appreciated.

The Committee would welcome information on the implementation of the Roma Action Plan for Employment, Housing and Health Care and the resources earmarked for that purpose, as well as on any particular challenges encountered thus far. She would like to know what the State party was doing to address the very low rates of school enrolment and high levels of school dropout among Roma children and what progress had been made towards ensuring the Roma community access to the health system without discrimination. In addition, she wished to learn how many members of the Roma community who had participated in employment programmes had remained in employment once the co-financing period had ended.

In view of the significant resistance from ethno-nationalist leaders and the divided narratives concerning the 1992–1995 war in the State party, the Committee would appreciate the delegation’s comments on the prospects of the initiation by the State party of a comprehensive transitional justice process aimed at securing the effective reconciliation and peaceful coexistence of its various ethnic and ethno-religious groups.

A representative of Bosnia and Herzegovina said that criminal proceedings had been initiated against certain public officials who had made remarks that stirred up ethnic tensions in the country. Those proceedings were still under way, which meant that information on their outcome would be transmitted to the Committee at a later date. The Committee’s comments regarding the continued need for measures to overcome ethnic tensions would be conveyed to the relevant State institutions, which would in turn seek to adopt such measures in the future. The reports regarding pressure on judicial institutions and the peaceful separation proposal, both of which represented a misuse of political power, were accurate.

The first regional conference on cooperation on matters relating to national minorities had been held in March 2024 and had been attended by the High Commissioner on National Minorities of the Organization for Security and Cooperation in Europe (OSCE), the Head of the OSCE Mission to Bosnia and Herzegovina, the Minister for Human Rights and Refugees and representatives of national minorities. The success of that conference had in turn led to the organization of a national conference on the subject. A delegation from Bosnia and Herzegovina had subsequently met with the Serbian Minister for Human Rights to discuss the possibility of working together on projects concerning national minorities in the region.

A representative of Bosnia and Herzegovina said that the Law on the Protection of the Rights of National Minorities established that the Council for National Minorities was a special body of the Parliamentary Assembly and was responsible for issuing recommendations regarding the rights and status of national minorities. That Law also gave the Council the power to designate an expert to participate in any discussions on national minorities held within the Parliamentary Assembly’s Constitutional-Legal Commission and Human Rights Commission. The Council was composed of representatives of each of the 17 national minorities recognized by law, who were appointed on the recommendation of associations representing such minorities. Municipal councils were required to guarantee a minimum of one seat for representatives of national minorities if the most recent census had shown that national minorities made up at least 3 per cent of the population of the town concerned. In the last round of local elections, 21 candidates from national minorities had run for seats on and been elected to municipal councils.

The Ministry for Human Rights and Refugees had allocated more than 1 million convertible marks (KM) for the implementation of the Action Plan for the Social Inclusion of Roma 2021–2025. Those funds had been used to build or improve housing for the Roma community and to provide its members with employment opportunities. The Ministry of Education and Culture of the Republika Srpska and the educational authorities of Central Bosnia Canton had been provided with funding to develop a guide for children, parents and teachers at preschools and primary schools on Roma traditions, customs and culture. Resources had been earmarked for the analysis of school curricula and textbooks with a view to identifying any prejudiced or stereotypical views of the Roma community. The educational authorities of Sarajevo Canton had been awarded financing to run an exhibition on Roma culture and customs. Schools in Tuzla Canton would start teaching the Romani language from the next academic year. Lastly, the Government was working to raise awareness among parents of the importance of immunization and had funded the immunization of more than 300 children belonging to the Roma community. Broader efforts had been made to vaccinate the members of that community, including against the coronavirus disease (COVID-19), and to raise awareness about the benefits of vaccination more generally.

A representative of Bosnia and Herzegovina said that, following consultations on the first regional conference on national minorities, a comprehensive document had been drafted on the protection and enhancement of the rights of those minorities in Bosnia and Herzegovina. That document was currently being reviewed by the Government and should be approved shortly. He hoped that the measures outlined in the document would significantly improve cooperation between members of national minorities and the Government. Regarding the reports of false declarations of affiliation to a national minority, it was important to note that all individuals were free to choose how they identified themselves. The Roma Board of the Council of Ministers had been set up to advise the Council on issues concerning the Roma community and its participation and representation in political life.

A representative of Bosnia and Herzegovina said that a steering committee had been set up in February 2024 to oversee and guide the activities to be carried out with the support of the Peacebuilding Fund; it had held its inaugural session shortly thereafter. Planned activities were aimed at fostering stronger community ties, increasing the participation of women in decision-making processes, empowering young peacebuilders and strengthening the cohesion of local communities. With the support of the Fund, a longer-term and inclusive approach to peacebuilding and reconciliation would be enabled across the country. Since the planned activities were scheduled to be completed by 2026, it was hoped that the results would be available in time for his country’s next periodic review.

Use of the “two schools under one roof” system, which had been intended as a transitional solution following the end of the war, was not widespread. There were more than 2,000 primary and secondary schools in Bosnia and Herzegovina, of which just 56 used the “two schools” system, and they were located primarily in Herzegovina-Neretva and Central Bosnia Canton. As part of its commitment to quality education, the Council of Ministers had adopted policy recommendations and a road map on improving inclusive education, which had been agreed on by all of the country’s various ministries of education and was being implemented as part of a joint programme of the European Union and the Council of Europe on quality education for all. A declaration had been submitted to the Transforming Education Summit in which those ministries had committed to promoting and improving equal access to education, reducing school dropout rates, facilitating access to preschool education and achieving the principle of the 2030 Agenda for Sustainable Development to leave no one behind. Action plans containing specific measures to achieve those objectives were being developed.

Ms. Chung said that, according to information received by the Committee, nationalist political leaders had sought to instigate and escalate ethno-religious tensions in Bosnia and Herzegovina. While the constituent peoples were living together as neighbours, political leaders were reportedly making statements denying the genocide and glorifying the war. Steps needed to be taken to address the issue.

She wished to know what specific measures the State party intended to take to prevent abuse of the system of political quotas, or reserved seats, for national minorities and to punish those who had won seats by fraudulent means.

She wondered to what extent data, disaggregated by gender, ethnic origin and national origin, were available and used to monitor and address potentially discriminatory practices in terms of access to employment in Bosnia and Herzegovina. She would appreciate information on the reportedly compulsory medical testing of visa applicants.

Ms. Shepherd said that history education could play a powerful role in promoting inclusion, building cultural awareness and understanding, addressing racial discrimination and combating hate speech. She would appreciate specific examples of the history curriculum in the State party and an explanation of how it was contributing to the achievement of those goals.

Ms. Stavrinaki, referring to the State party’s report (CERD/C/BIH/14-15, para. 70), said she welcomed the fact that, under the Roma Action Plan for Employment, Housing and Health Care, two specific issues, namely the reduction of health risk factors among the Roma population and the strengthening of the capacity of Roma representatives to improve the health of Roma, had been identified. She would like to hear an account of how those issues had been addressed by the public health system.

Ms. Tlakula said she hoped that the system of “two schools under one roof”, which the Committee had raised as an issue in its previous concluding observations, would be eliminated by the time of the State party’s next periodic review. She would like to know whether mono-ethnic schools also still existed in the country.

A representative of Bosnia and Herzegovina,referring to the reported abuse of the system of reserved seats for national minorities, said that the Constitution defined the constituent peoples of Bosnia and Herzegovina as Bosniaks, Serbs and Croats, while national minorities were referred to as “Others”, which had an impact on their political representation. The issue would, however, be resolved once several relevant decisions of the European Court of Human Rights, including Sejdić and Finci v. Bosnia and Herzegovina, according to which such provisions were discriminatory, had been fully implemented. Achieving that goal, however, required cooperation and synergies across the political spectrum, with the relevant State institutions at all levels and with the international community working in Bosnia and Herzegovina.

A representative of Bosnia and Herzegovina said that ethno-religious tensions and related inflammatory political rhetoric were generally paid little attention by people in Bosnia and Herzegovina, as such rhetoric ignored the issues of key concern, such as youth unemployment, to the people living in both entities of Bosnia and Herzegovina. There were no problems when it came to freedom of religious expression; the religions of the three constituent peoples – Orthodox Christianity, Catholicism and Islam – were based on the principles of peace, not segregation.

The system of “two schools under one roof” had been found to be discriminatory, including against children who considered themselves simply as nationals of Bosnia and Herzegovina but who had to declare themselves as Bosniak, Serb or Croat to be able to attend such schools. The system also failed to account for the existence of children belonging to parents of different religions. Ultimately, the Supreme Court of the Federation of Bosnia and Herzegovina had issued a final decision abolishing that form of segregation.

A representative of Bosnia and Herzegovina said that an analysis of the school curricula, including of history and geography subjects, had been carried out to verify the extent to which they were harmonized with the common core curriculum. In accordance with the policy recommendations and road map for improving inclusive education in Bosnia and Herzegovina, approaches aimed at fostering social cohesion and promoting cultural understanding had been incorporated into the teaching of history and geography subjects; such approaches were in line with the recommendations of the joint programme of the European Union and the Council of Europe on quality education for all.

A representative of Bosnia and Herzegovina said that, notwithstanding the concerted efforts of the Communications Regulatory Agency, there was still a lack of dedicated radio or television stations operating in national minority languages. Public radio and television broadcasters were, however, required to broadcast a certain amount of programming for national and ethnic minorities. Owing to economic difficulties, some radio and television broadcasters had reduced or even cancelled such programming. Nevertheless, there were examples of quality content for minorities, including programmes that were sometimes broadcast in two languages. Admittedly, more needed to be done; for that reason, the Agency had drafted proposed amendments to the public broadcasting regulations to require local, regional and cantonal radio and television stations, as well as public broadcasters, to broadcast at least 30 minutes of programming that included representation of national minorities. Feedback from members of national minorities had been positive in that regard.

A representative of Bosnia and Herzegovina said that Roma had access to a broad range of social welfare services. The Government of Brčko District had adopted a law on the protection of the rights of national minorities. A working group, headed by a Roma woman, had been established to draft an action plan to address certain issues faced by the Roma community, such as access to education, housing, employment and health, as well as to protect Roma culture and traditions.

A representative of Bosnia and Herzegovina said that there had been an increase in the budget of the Ministry of Human Rights and Refugees earmarked for national minorities and, more specifically, the implementation of the Action Plan for the Social Inclusion of Roma, with an emphasis on health care. The issue of statelessness had largely been addressed in Bosnia and Herzegovina. Measures were being taken to regularize the status of the 12 remaining stateless persons in the country; it was expected that there would not be a single stateless person living in Bosnia and Herzegovina by the time of the next periodic review.

A response on the alleged mandatory medical testing of Roma persons would be provided in writing. Lastly, in accordance with a law on gender equality, a minimum quota of 40 per cent representation of both genders was required in political decision-making. Many State institutions had achieved that quota, and political parties were bearing the principle of gender equality in mind when drawing up their candidate lists.

The meeting was suspended at 11.20 a.m. and resumed at 11.30 a.m.

Mr. Guan (Country Task Force) said that, despite a fall in the number of migrants entering and staying in the State party, migrants reportedly continued to face a number of challenges. He wished to know what measures the State party was taking to ensure the systematic protection of the rights of unaccompanied child migrants and to overcome the obstacles that hindered the civil registration of migrants, asylum-seekers and refugees and prevented the birth registration of their children. He would also appreciate information on any measures taken by the authorities to address differential treatment of migrants of different nationalities and delays in the settlement process and cases of arbitrary detention, including of children. The settlement of migrants, asylum-seekers and refugees required that they be provided with opportunities for education, employment and cultural exchange and access to health care and social welfare. The Committee would therefore be interested to know what the State party had done, in addition to measures taken under the strategy and action plan on migration and asylum, to integrate migrants, asylum-seekers and refugees into society.

The Committee welcomed the efforts made by the State party to fulfil its obligation to combat racist prejudice and stereotypes. Such efforts were particularly important given the country’s history of inter-ethnic conflict and its unique governance structure. That structure, introduced under the Peace Agreement, was designed to ensure visible and effective protection for different ethnic groups and to maintain a power balance among them. However, there was a risk that a power-sharing mechanism devised along ethnic lines could entrench racist prejudice and stereotypes. He therefore wished to know how the Government and the entities, including administrative, legislative and judicial authorities, had coordinated their efforts to combat racist prejudice and stereotypes. He wondered to what extent political figures and religious leaders had been involved in such efforts. What steps had been taken to combat racist prejudice and stereotypes in the public sector, what obstacles had been encountered and what results had been achieved? Did the Government pursue a specific political agenda to combat racist prejudice and stereotypes and, if so, what plans or specific measures had been adopted for its realization?

The best way of avoiding future conflicts was to ensure that younger generations abandoned racist prejudice and created a harmonious society shared by all ethnic groups. Nevertheless, the current reality was unsatisfactory. The Committee had received reports about the persistence of “two schools under one roof” and non-inclusive school environments, which, if unaddressed, would cement acceptance of ethnic segregation among youth. In the light of that situation, he wished to know more about the education curriculum, specifically whether students were taught the history and culture of the country’s different ethnic groups from multiple perspectives. He wondered whether a unified textbook had been published that introduced the topics of cultural integration and coexistence of different ethnic groups. Information about the management and oversight of schools would be welcome. It would be interesting to know whether teachers who misled students and instilled their personal views of history were punished. Information might also be provided on the State party’s plans to fund, construct and develop cultural and sports facilities, which could lead to better understanding between different ethnic groups and facilitate integration and inclusion.

The public sector and the courts had a particularly important role to play, as public servants could set an example for society in treating people of different ethnicities equally. The Committee would welcome detailed information on the training of law enforcement officials and judges in combating racial discrimination.

Finally, the Committee would appreciate details of the plans implemented at all levels of government to meet the material needs of the general population, including in respect of housing and employment, considering that an improvement in living standards would likely serve to reduce racial hostility and hatred.

A representative of Bosnia and Herzegovina said that the rights of asylum-seekers and migrants were protected by the Constitution, which provided for the application of various international instruments, including the Convention relating to the Status of Refugees and the Protocol thereto. Responsibility for migration management lay with the institutions of Bosnia and Herzegovina, although international organizations were still responsible for some processes that had yet to be transferred to the Government.

Since its independence, Bosnia and Herzegovina had enacted several pieces of legislation on foreign nationals, including the Law on Movement and Stay of Aliens and Asylum, the Law on Foreigners and the Law on Asylum. All applications for international protection were processed in line with the highest international standards, and neither the Constitutional Court nor the European Court of Human Rights had found the Government to be in violation of the principle of non-refoulement. In August 2023, the Parliamentary Assembly had adopted amendments to the Law on Movement and Stay of Aliens and Asylum in order to harmonize its provisions with European Union regulations and directives. Moreover, the Council of Ministers had adopted a strategy and action plan on migration and asylum for the period 2021–2025, aimed, inter alia, at improving migration and asylum management policies. The Government was working to develop more detailed regulations so as to deal with migration and asylum issues more comprehensively.

The authorities paid special attention to the issue of minor asylum-seekers. In several cases, the competent authority, the Service for Foreigners’ Affairs, had encountered problems in determining the identity and age of the applicant. Depending on the type of protection granted, successful applicants were issued with either a refugee card or a subsidiary protection card that allowed them to exercise their rights.

While there was no information available regarding cases of xenophobic speech by public officials, the Ministry of Human Rights and Refugees had nevertheless on several occasions contacted representatives of all levels of government to emphasize that official statements must not include xenophobic or discriminatory speech. Such discourse would, in any case, have no effect on asylum procedures or the rights of asylum-seekers, migrants and foreign residents.

There were a number of positive examples of refugees and persons with subsidiary protection status integrating fully into society. The authorities were also receiving an increasing number of requests from foreign nationals who were not seeking international protection but who wished to work in Bosnia and Herzegovina, evidence of the Government’s progress in making the country more receptive and accessible. Public perceptions of foreigners were not guided by racist or xenophobic attitudes. Training and education on the prohibition of racial discrimination and the eradication of stereotypes was provided to public servants at all levels of government and had had an impact in terms of increased awareness.

A representative of Bosnia and Herzegovina said that, in 2018, the Agency for Pre-Primary, Primary and Secondary Education had adopted a common core curriculum for the social sciences and humanities, which included politics, geography and history. Students were taught to understand the world around them and to consider questions of racial, social and religious equality. Educational institutions were gradually aligning their teaching with the new curriculum, which had been adopted by the Government and published in the Official Gazette.

A representative of Bosnia and Herzegovina said that the Government had conducted an analysis of the status of beneficiaries of international protection in Bosnia and Herzegovina. A document informing such persons of their rights and obligations had been drawn up and translated into English, Arabic, Farsi, Russian, Spanish, Turkish, Ukrainian and Urdu. The Law on the Prohibition of Discrimination provided that individuals and groups could submit complaints related to discrimination to the Ombudsman for Human Rights and could seek the protection of their rights through judicial and administrative proceedings. The Government recognized the need for further efforts to encourage reporting as a tangible way of reducing acts of discrimination.

Regarding measures to improve living standards, all levels of government allocated funds for the benefit of socially vulnerable groups. A legal analysis had shown that the Law on Social Protection and the Law on the Prohibition of Discrimination were well aligned and well designed, and therefore helpful for improving the socioeconomic status of vulnerable segments of society.

Mr. Guan said that, in respect of the role of mass media and online platforms, there was a balance to be struck between freedom of expression and compliance with the law. He wondered whether rules regulating the behaviour of the media and online platforms addressed the relationship between freedom of expression and hate speech and what penalties would be imposed on those who expressed racist views and stereotypes.

Mr. Amir said that it was important to have precise figures on the number of Roma children in primary, secondary and university education and to hear what specific measures had been introduced to promote education among the Roma community.

Ms. Boker -Wilson said that, should reports of mandatory HIV/AIDS testing be confirmed, she wished to know what purpose was served by such testing and whether persons who received a positive result were afforded access to health care.

Ms. Chung said that she would like to hear the delegation’s comments on the reported trafficking of migrants, asylum-seekers and refugees in transit through the State party, particularly women and unaccompanied minors, who were especially vulnerable. The Committee would welcome information on the measures adopted to prevent the unofficial racial profiling reportedly carried out by border police officers.

Mr. Diaby said that it would be useful to have information on vaccination among Roma children, Roma access to the public health insurance system and any steps taken to encourage Roma children to remain in education, including the promotion of vocational training as an alternative to secondary school. He would also like to know what challenges had been faced in ensuring the comprehensive reintegration of members of the Bosniak, Croat and Serb communities who had returned to the State party following the war.

Mr. Tlemçanisaid that he would welcome details of operations to return Pakistani migrants to their home country that had taken place under a bilateral repatriation agreement signed with the Pakistani Government.

Ms. Shepherd said that the State party’s support for a second International Decade for People of African Descent would be welcome.

The Chair said that he encouraged the State party to recognize the Committee’s competence to receive individual communications.

A representative of Bosnia and Herzegovina said that work was under way to harmonize legislation with the Audiovisual Media Services Directive of the European Union. The Communications Regulatory Agency, which endeavoured to promote and protect freedom of expression, had established working groups to draft legislation on electronic communications and electronic media; those laws were expected eventually to complement the law on transparency in media ownership.

A representative of Bosnia and Herzegovina said that 69 per cent of Roma children attended primary school, and more than 30 per cent attended secondary school. Eighteen members of the Roma community were studying at university, while a further eight had already graduated. More than 1,500 Roma families were seeking accommodation; there was a need to build new homes and infrastructure for that community. Around 1,600 Roma persons were in search of employment at the federal level. The barriers to health care for the Roma community had been resolved in the Republika Srpska and Brcko District, and there were currently just 38 Roma persons seeking health care in the Federation of Bosnia and Herzegovina.

A representative of Bosnia and Herzegovina said that the Government, whose action on trafficking in persons was aligned with international standards, was developing a new strategy to prevent trafficking nationally and internationally. Perpetrators had been prosecuted before the courts. Racial profiling was not permitted under official guidelines, particularly those relating to asylum-seekers and immigrants; while countries of origin could be deemed to present certain high risks, such determinations did not extend to individuals. Measures to assist in the reintegration of persons returning to Bosnia and Herzegovina after the war focused mainly on access to employment and, to a lesser extent, public services. An interreligious council provided training and education to young persons on combating hatred, racism, nationalism and antisemitism, and secondary school students could receive an award for promoting peace and tolerance.

A representative of Bosnia and Herzegovina said that the delegation had taken note of the Committee’s questions and recommendations, and would endeavour to submit any outstanding replies within 48 hours.

The meeting rose at 1 p.m.