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Ecri Report on Bosnia and Herzegovina CRI(2017)2 ECRI REPORT ON BOSNIA AND HERZEGOVINA (fifth monitoring cycle) Adopted on 6 December 2016 Published on 28 February 2017 ECRI Secretariat Directorate General II - Democracy Council of Europe F-67075 STRASBOURG Cedex Tel.: + 33 (0) 3 90 21 46 62 E-mail: [email protected] www.coe.int/ecri ECRI REPORT ON BOSNIA AND HERZEGOVINA (fifth monitoring cycle) Adopted on 6 December 2016 Published on 28 February 2017 TABLE OF CONTENTS FOREWORD ................................................................................................................ 7 SUMMARY ................................................................................................................... 9 FINDINGS AND RECOMMENDATIONS .................................................................... 11 I. COMMON TOPICS ......................................................................................... 11 1. LEGISLATION AGAINST RACISM AND RACIAL DISCRIMINATION ........................ 11 - CRIMINAL LAW PROVISIONS ........................................................................ 11 - CIVIL AND ADMINISTRATIVE LAW PROVISIONS ............................................... 12 - NATIONAL SPECIALISED BODIES .................................................................. 13 2. HATE SPEECH ........................................................................................... 13 - DATA ........................................................................................................ 13 - RACIST POLITICAL DISCOURSE ................................................................... 14 - RACIST HATE SPEECH IN THE MEDIA ............................................................ 14 - RACIST HATE SPEECH ON THE INTERNET ..................................................... 15 - RACIST HATE SPEECH IN THE FIELD OF SPORT ............................................. 16 - HATE SPEECH DIRECTED AGAINST LGBT PERSONS ..................................... 16 - MEASURES TAKEN BY THE AUTHORITIES ..................................................... 17 3. RACIST AND HOMO/TRANSPHOBIC VIOLENCE ............................................... 18 - DATA ........................................................................................................ 18 - RACIST VIOLENCE ...................................................................................... 19 - HOMOPHOBIC AND TRANSPHOBIC VIOLENCE ................................................ 19 - MEASURES TAKEN BY THE AUTHORITIES ..................................................... 20 4. INTEGRATION POLICIES .............................................................................. 21 - GENERAL CONTEXT ................................................................................... 21 - INTEGRATION IN THE EDUCATION SECTOR ................................................... 21 - RETURNEES .............................................................................................. 24 - NATIONAL MINORITIES ............................................................................... 25 - ROMA ....................................................................................................... 25 II. TOPICS SPECIFIC TO BOSNIA AND HERZEGOVINA ................................. 28 1. INTERIM FOLLOW-UP RECOMMENDATIONS OF THE FOURTH ROUND ............... 28 2. ISSUES CONCERNING THE EFFECTIVENESS OF INDEPENDENT AUTHORITIES ENTRUSTED WITH THE FIGHT AGAINST RACISM AND RACIAL DISCRIMINATION, AS PER ECRI’S GENERAL POLICY RECOMMENDATIONS NOS. 2 AND 7 .......... 29 3. POLICIES TO COMBAT DISCRIMINATION AND INTOLERANCE AGAINST LGBT PERSONS .......................................................................... 30 - DATA ........................................................................................................ 30 - LEGISLATION ............................................................................................. 30 - DISCRIMINATION AGAINST LGBT PERSONS IN KEY AREAS OF SOCIAL LIFE ..... 31 INTERIM FOLLOW-UP RECOMMENDATIONS ......................................................... 33 LIST OF RECOMMENDATIONS ................................................................................ 35 BIBLIOGRAPHY ........................................................................................................ 39 5 FOREWORD The European Commission against Racism and Intolerance (ECRI), established by the Council of Europe, is an independent human rights monitoring body specialised in questions relating to racism and intolerance. It is composed of independent and impartial members appointed on the basis of their moral authority and recognised expertise in dealing with racism, xenophobia, antisemitism and intolerance. In the framework of its statutory activities, ECRI conducts country monitoring work, which analyses the situation in each of the member States regarding racism and intolerance and draws up suggestions and proposals for dealing with the problems identified. ECRI’s country monitoring deals with all member States of the Council of Europe on an equal footing. The work takes place in 5-year cycles, covering 9-10 countries per year. The reports of the first round were completed at the end of 1998, those of the second round at the end of 2002, those of the third round at the end of 2007, and those of the fourth round in the beginning of 2014. Work on the fifth round reports started in November 2012. The working methods for the preparation of the reports involve documentary analyses, a visit to the country concerned, and then a confidential dialogue with the national authorities. ECRI’s reports are not the result of inquiries or testimonial evidence. They are analyses based on a great deal of information gathered from a wide variety of sources. Documentary studies are based on a large number of national and international written sources. The in situ visit provides the opportunity to meet with the parties directly concerned (both governmental and non-governmental) with a view to gathering detailed information. The process of confidential dialogue with the national authorities allows the latter to provide, if they consider it necessary, comments on the draft report, with a view to correcting any possible factual errors which the report might contain. At the end of the dialogue, the national authorities may request, if they so wish, that their viewpoints be appended to the final ECRI report. The fifth round country-by-country reports focus on four topics common to all member States: (1) Legislative issues, (2) Hate speech, (3) Violence, (4) Integration policies and a number of topics specific to each one of them. The fourth-cycle interim recommendations not implemented or partially implemented during the fourth monitoring cycle will be followed up in this connection. In the framework of the fifth cycle, priority implementation is requested again for two specific recommendations chosen from those made in the report. A process of interim follow-up for these two recommendations will be conducted by ECRI no later than two years following the publication of this report. The following report was drawn up by ECRI under its own responsibility. It covers the situation up to 30 June 2016; developments since that date are neither covered in the following analysis nor taken into account in the conclusions and proposals therein. 7 SUMMARY Since the adoption of ECRI’s second report on Bosnia and Herzegovina on 7 December 2010, progress has been made in a number of fields. Courses on the application of the anti-discrimination Law and training events on combating hate crime were organised for judges, prosecutors and police officers. Attacks against returnees are usually quickly condemned by local political representatives; and the Minister of Justice of the Canton of Sarajevo condemned the March 2016 attack against an LGBT event, calling for the incident to be investigated as a homophobic hate crime. The Ministry of Human Rights and Refugees produced a revised strategy for the implementation of Annex VII of the Dayton Peace Agreement, which covers the rights of returnees, with an emphasis on housing and infrastructure, as well as support for employment. ECRI was informed by the authorities that the problem of discrimination on ethnic grounds in the field of pension entitlements has been resolved. Progress has been made concerning access to identity documents for Roma and the implementation of the 2010 revised Action Plan on the educational needs of Roma. Pupils now often receive textbooks, school supplies, and financial assistance for transport and meals. As a result, school enrolment rates among Roma children have increased, while drop-out rates have declined. ECRI welcomes these positive developments in Bosnia and Herzegovina. However, despite the progress achieved, some issues give rise to concern. The country’s criminal, civil and administrative law provisions are still not entirely in line with ECRI’s General Policy Recommendation No. 7 on national legislation to combat racism and racial discrimination. The inter-ethnic tensions and corresponding levels of hate speech are still high. Politicians and the media use hate speech, while the authorities do not take sufficient action against it. Hate speech against LGBT persons is also a problem and attacks against LGBT events did not result in the necessary prosecutions, thus not providing an effective deterrent against the repetition of such crimes. In the field of education, ethnically segregated education systems are still in place and the political
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