Human Rights Committee
List of issues prior to submission of the fourth periodic report of Bosnia and Herzegovina *
A.General information on the national human rights situation, including new measures and developments relating to the implementation of the Covenant
1.Please report on any significant legislative, policy and institutional measures adopted since the Committee’s concluding observations on the third periodic report of the State Party,with a view to strengthening the implementation of the Covenant at the State, entity and cantonal levels. With reference to the Committee’s previous recommendations (paras.7 and 8),please provide information on the measures taken to ensure the full implementation of both the Committee’s Views and its recommendations. Please also indicate whether any national mechanism for implementation, reporting and follow-up has been established.
B.Specific information on the implementation of articles 1 to 27 of the Covenant, including with regard to the previous recommendations of the Committee
Constitutional and legal framework within which the Covenant is implemented (art. 2)
2.Please provide information on the progress made to continue raising awareness of the Covenant among judges, prosecutors, lawyers and the general public. Please provide examples of cases in which the Covenant has been invoked or applied by national courts.
3.Recalling the Committee’s previous recommendations (para. 10), please describe measures taken to further strengthen the Institution of Human Rights Ombudsman of Bosnia and Herzegovina and to ensure its full compliance with the principles relating to the status of national institutions for the promotion and protection of human rights (the Paris Principles), including by: (a) providing it with sufficient human and financial resources; (b) providing a broad and clear mandate and mechanisms that enable it to engage on all human rights issues; (c) ensuring the follow up to and implementation of its recommendations; (d) ensuring its independence and the transparent selection of its members; (e) establishing clear rules on terms of office and reappointment.
Anti-corruption measures (arts. 2 and 25)
4.Please describe the measures taken to operationalize and harmonize across the State Party the legal and institutional frameworks for preventing and combating corruption, in particular within the judiciary and in public procurement, including measures to strengthen integrity safeguards, oversight and transparency. Please also outline the steps taken to strengthen the capacity of prosecutors, judges and law enforcement agencies to investigate, prosecute and adjudicate cases of corruption. Please comment on reports of low prosecution rates of officials implicated in corruption, including in cases of high-level corruption, and indicate the measures taken to address these concerns.
Fight against impunity and past human rights violations and the right to an effective remedy (arts. 2, 6, 7, 14–16 and 26)
5.Recalling the Committee’s previous recommendations (paras. 13–16) and the evaluation by the Committee of the information on follow-up to its concluding observations,please provide information on specific measures taken to expedite the investigation and prosecution for crimes against humanity and other international crimes and to address delays in providing access to justice to women and other victims of wartime sexual violence. Furthermore, please respond to concerns that limited progress has been made in combating impunity, including challenges arising from the fragmentation of legal and institutional frameworks across entities and cantons, and persistent resource constraints.
6.With reference to the previous recommendations (para. 14), please describe the measures taken and progress achieved towards providing support and protection to victims and witnesses of crimes against humanity and other international crimes, particularly to those related to sexual violence against women. Please also clarify what steps have been taken to ensure effective remedies for victims.
7.Please describe efforts undertaken to advance a comprehensive transitional justice process aimed at ensuring accountability, reconciliation and sustainable peace,including measures to facilitate victims’ access to adequate and effective reparation, including for women victims of wartime sexual violence. Please provide information on measures taken to establish inclusive and effective truth-seeking initiatives, ensuring that the processes of truth-telling, dialogue and victim-centred memorialization are carried out in full compliance with the Covenant and that they promote social cohesion.
Non-discrimination (arts. 2, 19, 20 and 26)
8.Please provide information on measures taken during the reporting period to further strengthen the State Party’s anti-discrimination legal framework and to ensure its effective implementation and enforcement across all entities and cantons, with a view to ensuring full protection against direct, indirect and multiple discrimination in all spheres, in particular in the field of education, and on all the grounds prohibited under the Covenant, including sexual orientation, sex, gender identity and disability. Please provide information on measures taken to prevent and combat hate speech and hate crimes, including public denial of, or attempts to justify, genocide, crimes against humanity or war crimes, in particular when such acts occur in political discourse, and provide disaggregated data on cases reported or initiated ex officio, including with regard to investigations, prosecutions, convictions and remedies and redress provided to victims.
9.Please provide information on measures taken during the reporting period to prevent and combat hate speech and hate crimes against lesbian, gay, bisexual, transgender and intersex persons, including steps taken to address stigma and discriminatory attitudes through training programmes for law enforcement officials, prosecutors and members of the judiciary, as well as public awareness-raising campaigns. Please also indicate the current status of the draft law on same-sex partnership. Please provide information on the investigation, prosecution and outcome of the attack against lesbian, gay, bisexual, transgender and intersex persons in Banja Luka on 18 March 2023, including measures taken to ensure accountability and non-recurrence of similar incidents.
Gender equality (arts. 3, 25 and 26)
10.With reference to the Committee’s previous recommendations (paras. 25 and 26), please provide information on the measures taken to achieve the equitable representation of women in public and political life, especially in decision-making positions, including in the Parliamentary Assembly.
Violence against women and domestic violence (arts. 2, 3, 6, 7 and 26)
11.Please provide information on measures taken to harmonize the legislative framework related to domestic violence, sexual violence and femicide across the State Party, including to ensure uniform legal definitions, sanctions and procedural safeguards and their effective implementation. Please respond to concerns relating to violence and harassment, including on social media, against women standing for election.
12.In view of the Committee’s previous recommendations (para. 28), please indicate what measures have been taken to enhance mechanisms for monitoring investigations and prosecutions in cases of domestic violence. Please also describe steps taken to: (a) address discriminatory attitudes and practices that are tolerant of or condone domestic violence against women; (b) encourage reporting and ensure victims’ access to justice, including through free legal aid, timely and enforceable protection orders, victim-sensitive and trauma-informed procedures and safeguards against secondary victimization; and (c) ensure adequate funding for victim support services and the availability of shelters throughout the State Party.
Right to life (arts. 6, 7, 9 and 14)
13.Recalling the Committee’s previous recommendations (para. 20) and the evaluation by the Committee of the information on follow-up to its concluding observations, please provide information on the measures taken to advance the investigation of unresolved cases involving missing persons. Please also address concerns related to: (a) the adequacy of financial, human and technological resources allocated to the Missing Persons Institute, as well as to local forensic capacity and expertise; (b) the establishment of a dedicated fund to support families of missing persons; and (c) coordination among relevant institutions at the State, entity and cantonal levels. In addition, please report on any regional or cross-border cooperation initiatives undertaken to support the investigation of unresolved cases.
Prohibition of torture and other cruel, inhuman or degrading treatment or punishment and treatment of persons deprived of their liberty (art. 7)
14.Please provide information on measures taken to establish the national preventive mechanism in accordance with the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, including its legal basis, mandate and powers and on the steps taken to ensure its independence, adequate staffing, professional expertise and financial resources, as well as its capacity to conduct regular and unannounced visits to all places of deprivation of liberty and to carry out its functions effectively. Please provide information on measures taken to prevent torture and other cruel, inhuman or degrading treatment, particularly in places of detention and police custody, and include disaggregated data on complaints received, investigations conducted, prosecutions initiated and convictions secured in relation to such acts. In addition, please describe the mechanisms in place to enable detainees to lodge complaints without fear of reprisals and the measures taken to ensure their prompt and thorough investigation, the accountability of those responsible and the provision of full reparation to victims.
Liberty and security of person and treatment of persons deprived of their liberty (arts. 6, 7, 9 and 10)
15.Recalling the Committee’s previous recommendations (para. 30), please indicate what measures have been taken to review and amend the regulations governing pretrial detention and to increase the use of non-custodial alternatives. Please also comment on reports concerning conditions in police detention facilities, including issues related to ventilation and lighting, the availability of video surveillance, the staffing levels and the health and safety conditions.In addition, please provide information on measures taken to address concerns regarding facilities reportedly affected by flood damage or lacking emergency call systems and to ensure the safety and dignity of detainees.
16.With reference to the Committee’s previous recommendations (para. 30), please provide information on measures adopted to ensure that children are not detained together with adults during pretrial detention and in police custody. Please also indicate the progress made in ensuring that: (a) children in conflict with the law are treated in a manner aimed at promoting their reintegration into society, including through access to psychosocial support and resocialization programmes; (b) deprivation of liberty is used only as a measure of last resort and for the shortest appropriate period, including through the increased use of diversion and alternative measures.
Treatment of aliens, including migrants, refugees and asylum-seekers (arts. 7, 9, 12, 13 and 24)
17.With reference to the Committee’s previous recommendations (para. 36), please report on measures adopted to fully implement the revised strategy for the implementation of annex VII to the General Framework Agreement for Peace in Bosnia and Herzegovina, to facilitate the reintegration of returnees and internally displaced persons without discrimination, to close collective centres, to provide adequate alternative housing and to ensure equal access to services for beneficiaries of international subsidiary protection.
18.Please provide information on measures taken to improve reception conditions for refugees and asylum-seekers and to ensure that all persons seeking international protection have access to fair and efficient asylum procedures, effective protection against refoulement and an appeal mechanism with suspensive effect. In this regard, please provide information regarding concerns raised in relation to the case of the alleged refoulement of Musaed Al Musailimand indicate any relevant developments.
19.Please provide information on measures taken to address outstanding cases of statelessness and to establish effective statelessness determination procedures and preventive mechanisms across State Party. Please report on progress made in protecting stateless persons and individuals at risk of statelessness, in particular Roma and members of other ethnic minorities, returnees, refugees, asylum-seekers, migrants and undocumented persons, including children born abroad. Please also indicate what measures have been taken to eliminate the administrative, financial and practical barriers to civil documentation, including birth registration, to ensure effective access to essential services and to guarantee accessible and affordable medical age assessment procedures.
Access to justice, the independence of the judiciary and fair trial rights (arts. 2and 14)
20.Please provide information on measures taken to ensure the independence and impartiality of the judiciary, as well as the transparency of judicial appointments and disciplinary processes, in the context of the ongoing judicial reforms. In particular, please indicate the steps taken to prevent political interference in and undue pressure on the judiciary, including measures to fill vacant judicial positions in a transparent and non-discriminatory manner. Please also provide information on measures taken to reduce court backlogs and to ensure effective access to free legal aid throughout the State Party, including its budgetary allocations, staffing, geographical coverage and access for vulnerable groups.
Right to privacy and freedom of expression (arts. 17, 19 and 20)
21.With reference to the Committee’s previous recommendations (para. 37), please provide disaggregated information on all incidents of attacks, intimidation and threats, including online, against human rights defenders, journalists and environmental and other activists during the reporting period, as well as on measures taken to ensure accountability and access to an effective remedy. Please clarify whether any measures have been taken to repeal or bring into line with international standards the legislation criminalizing defamation adopted by one of the entities. Please respond to reports of restrictions on media freedom, including through threats of litigation against journalists, leading to their self-censorship.
22.Please provide information on measures taken to ensure protection of the right to privacy, including personal data, and on the number of complaints received concerning alleged violations, the action taken thereon and measures adopted to strengthen the capacity of the data protection authority to enable it to discharge its mandate effectively.
Right of peaceful assembly and freedom of association (arts. 21 and 22)
23.Please provide information on the legal framework and practices governing public assemblies, including the application of relevant laws and regulations in practice. Please also describe measures taken to ensure that regulations on assemblies are applied in a non‑discriminatory and proportionate manner. Please provide information on: (a) reports of disproportioned or unnecessary use of force by law enforcement officials against peaceful protesters in the context of the Justice for David movement in 2018 and 2019 and against environmental rights activistsin Krušćica in August 2017; and (b) any disciplinary proceedings and investigations conducted in relation to these incidents, their status and outcomes and any effective remedies provided to victims.
24.Please outline the State’s Party’s existing legislation on the freedom of association. Please describe the steps taken to ensure that public associations and non-governmental organizations can operate freely and without fear of retaliation for their legitimate activities, including by ensuring access to foreign funding and preventing excessive restrictions on fundraising that may undermine their effective functioning.
Rights of the child (arts. 23, 24 and 26)
25.Recalling the Committee’s previous recommendations (paras. 32 and 34), please provide information on measures taken and results achieved to eliminate corporal punishment, promote positive forms of discipline and raise public awareness of its harmful effects. Please respond to reports concerning cases of early and forced marriage, in particular among Roma children, and provide disaggregated data on such cases, including the number of reported and identified cases, complaints filed, investigations conducted, prosecutions initiated and convictions secured, as well as information on the institutional response to cases involving births to underage girls.
Participation in public affairs (arts. 25 and 26)
26.Recalling the Committee’s previous recommendations (para. 12) and the recommendations of the Committee on the Elimination of Racial Discrimination,please indicate steps taken to address obstacles to amending the Constitution and electoral legislation at all levels, with a view to ensuring that all citizens can enjoy and exercise their political rights without discrimination.