BOSNIA AND HERZEGOVINA: MAPPING OF THE SERVICES OF SUPPORT AND ASSISTANCE TO WOMEN SURVIVORS OF VIOLENCE IN SARAJEVO (FEDERATION OF BIH) AND BANJA LUKA (REPUBLIKA SRPSKA)

Baseline Report – 2nd Phase

Foundation United Women Banja Luka, BiH

January 2021

OBJECTIVE OF THE BASELINE RESEARCH | 2

The basic purpose of the baseline research is to collect and update the data related to existing services of rehabilitation and reintegration for survivors of gender based and domestic violence provided at the local level of Banja Luka and Sarajevo. The objective is to consolidate data on existing services, also including the information on possibilities for survivors of violence to use services of support and assistance. Beside mapping of the available services, baseline research also aims to recognize shortcomings and provide guidelines for improving services of rehabilitation and reintegration for survivors of violence to meet obligatory international standards in this area.

LIMITATIONS OF THE BASELINE RESEARCH

Since this baseline research covered the two largest cities in the Bosnia and Herzegovina, the key findings are indicative and cannot apply at the territory of the whole country. However, it represents the starting point and opens the space for further and more detailed qualitative and quantitative researches that would cover wider geographic area and the analysis of implementation of all obligatory international standards in protection and support to women survivors of gender based and domestic violence.

Epidemiologic measures and restrictions related to COVID-19 that were in force during the period of data collection brought limitations in terms of human resources, women and men representatives of public institutions that can provide relevant data and methodology of data collection which, to a greatest extent, had to be collected online due to protection of health of the United Women Banja Luka team members that contributed to data collection/research and women and men professionals who contributed through providing the data.

Additional limitation relates to the different legislation in gender based and domestic violence in two entities of Bosnia and Herzegovina, different and complicated administrative structure, and authorities of the governmental institutions for providing services of rehabilitation and reintegration at the local level.

METHODOLOGY OF THE BASELINE RESEARCH

The baseline research included direct interviews with women and men professionals from the targeted service providers as the key method of data collection, as well as online structured questionaries, telephone survey, data collection through sending requests for accessing information, and desk research.

The baseline research methodology included structured interviews and a guide for interviewing women and men professionals. Framework for developing questionnaire are the standards and measures of support and protection of victims of gender based and domestic

violence, regulated by the Chapter IV of the Council of Europe Convention on Preventing and | 3 Combating Violence against Women and Domestic Violence, which includes Protection and Support (Article 18 – 28). Foundation United Women developed two separate questionaries – the first questionnaire aims to collect the data from women and men representatives of the governmental institutions and the second questionnaire aims to collect data from women and men representatives of nongovernmental organizations that are providing specialized services of support to victims of violence. The questionnaire for governmental institutions consists of twenty-nine (29) questions related to general information on services, including number and structure of employees and types and accessibility of services. The questionnaire for nongovernmental organizations consists of forty-nine (49) questions related to general information, number and structure of employees, and types and scope of available services for victims of violence. The questionnaire for nongovernmental organizations is more extensive due to the more comprehensive specialized services which they provide, and which are defined by the CoE Convention on Preventing and Combating Violence against Women and Domestic Violence.

The questionaries were largely used as a guide for an internal expert of the Foundation United Women for conducting 90-minute interviews with the representatives of the governmental institutions/NGOs. During the interviews, an internal expert applied following principles: voluntary information share, informed consent, and full participation of the interviewees. All women and men interviewees were previously informed about the objective of the interview and purpose of the collected data.

The data for this phase of baseline research was collected in the period from July to December 2020.

TARGETED LOCATIONS

Targeted geographical locations for the baseline research are Sarajevo and Banja Luka, two largest cities in the Bosnia and Herzegovina, located in two different entities of Bosnia and Herzegovina – the Federation of BiH and the Republika Srpska.

Sarajevo is the capital of the Bosnia and Herzegovina, and administrative, economic, cultural, university and sport center of the country. City of Sarajevo is the local self-governance unit consisting of four city municipalities - Stari Grad, Centar, Novo Sarajevo and Novi Grad. Estimated population of Sarajevo is 688,354 inhabitants.

Banja Luka is the capital of Republika Srpska, and political, administrative, financial, university, and cultural center of the Republika Srpska. According to the final data of Population Census in BiH, Banja Luka with wider city area has 135.059 inhabitants.

FOCUS OF THE BASELINE RESEARCH | 4

Focus of the baseline research is the Chapter IV of the CoE Convention on Preventing and Combating Violence against Women and Domestic Violence related to Protection and Support (Articles 18 – 28).

In November 2013, the Bosnia and Herzegovina became the 6th country member of the Council of Europe that ratified the CoE Convention on Preventing and Combating Violence against Women and Domestic Violence, and it entered into force on 1 August 2014. With its ratification, the Bosnia and Herzegovina obliged to undertake legislative and other measures to ensure legal, institutional, and organizational framework for prevention of violence against women, protection of victims of violence, and punishment of the perpetrators of violence.

Article 18 – General [1] Parties shall take the necessary legislative and other measures Obligations to protect all victims from any further acts of violence. [2] Parties shall take the necessary legislative and other measures, in accordance with internal law, to ensure that there are appropriate mechanisms to provide for effective cooperation between all state agencies, including the judiciary, public prosecutors, law enforcement agencies, local and regional authorities as well as nongovernmental organizations and other relevant organizations and entities, in protecting and supporting victims and witnesses of all forms of violence covered by the scope of this Convention, including by referring to general and specialist support services as detailed in Articles 20 and 22 of this Convention. [3] Parties shall ensure that measures taken pursuant to this chapter shall: - be based on a gendered understanding of violence against women and domestic violence and shall focus on the human rights and safety of the victim; - be based on integrated approach which considers the relationship between victims, perpetrators, children, and their wider social environment; - aim at avoiding secondary victimization; - aim at the empowerment and economic independence of women victims of violence; - allow, where appropriate, for a range of protection and support services to be located on the same premises; - addressing the specific needs of vulnerable persons, including child victims, and be made available to them; [4] The provision of services shall not depend on the victim’s willingness to press charges or testify against any perpetrator. [5] Parties shall take the appropriate measures to provide consular and other protection and support to their nationals and other victims entitled to such protection in accordance with their obligation under international law. Article 19 – Information Parties shall take the necessary legislative or other measures to

ensure that victims receive adequate and timely information on | 5 available support services and legal measures in a language they understand. Article 20 – General [1] Parties shall take necessary legislative or other measures to Support Services ensure that victims have access to services facilitating their recovery from violence. These measures should include, when necessary, services such as legal and psychological counseling, financial assistance, housing, education, training, and assistance in finding employment. [2] Parties shall take the necessary initiative or other measures to ensure that victims have access to health care and social services and that services are adequately resourced, and professionals are trained to assist victims and refer them to the appropriate services. Article 21 – Assistance in Parties shall ensure that victims have information on and access to Individual/Collective applicable regional and international individual/collective Complaints complaints mechanisms. Parties shall promote the provision of sensitive and knowledgeable assistance to victims in presenting any such complaints. Article 22 – Specialized [1] Parties shall take the necessary legislative or other measures Support Services to provide or arrange for, in an adequate geographical distribution, immediate, short, and long-term specialist support services to ant victim subjected to ant of the acts of violence covered by the scope of this Convention. [2] Parties shall provide or arrange for specialist support services to all women victims of violence and their children. Article 23 – Shelters Parties shall take the necessary legislative or other measures to provide for the setting up of appropriate, easily accessible shelters in sufficient numbers to provide safe accommodation for and to reach our pro-actively to victims, especially women and their children. Article 24 – Telephone Parties shall take the necessary legislative and other measures to Helplines set up state-wide round-the-clock (24/7) telephone lines free of charge to provide advice to callers, confidentiality or with due regards for their anonymity, in relation to all forms of violence covered by the scope of this Convention. Article 25 – Support for Parties shall take the necessary legislative or other measures to Victims of Sexual provide for the setting up of appropriate, easily accessible rape Violence crisis or sexual violence referral centers for victims in sufficient numbers to provide for medial and forensic examination, trauma support and counselling for victims. Article 26 –Protection [1] Parties shall take the necessary legislative and other measures and Support for Child to ensure that in provision of protection and support services Witnesses to victims, due account is taken of the rights and needs of child witnesses of all forms of violence covered by the scope of this

Convention. | 6 [2] Measures taken pursuant to this article shall include age- appropriate psychosocial counseling for child witnesses of all forms of violence covered by the scope of this Convention and shall give due regard to the best interests of the child. Article 27 – Reporting Parties shall take the necessary measures to encourage any person witness to the commission of acts of violence covered by the scope of this Convention or who has reasonable grounds to believe that such an act may be committed, or that further acts of violence are to be expected, to report this to the competent organizations or authorities. Article 28 – Reporting by Parties shall take the necessary measures to ensure that the Professionals confidentiality rules imposed by internal law on certain professionals do not constitute an obstacle to the possibility, under appropriate conditions, of their reporting to the competent organizations or authorities if they have reasonable grounds to believe that a serious act of violence covered by the scope of this Convention, has been committed and further serious acts of violence are to be expected.

MAPPING OF THE ACCESSIBLE SERVICES

Article 18 – General Obligations This Article of the Istanbul Convention refers to the several general principles which should be met when providing services of support and protection to the victims of violence against women and domestic violence, such are taking the legislative and other measures for protection of victims of all forms of violence, establishing appropriate mechanisms which are enabling efficient cooperation between relevant institutions defined by the Convention, as follows: courts, public prosecutors, law enforcement agencies, local and regional authorities, and nongovernmental organizations. The emphasis has been placed on cooperation between these actors toward harmonized and coordinated response on violence. Measures taken should be based on gendered understanding of violence against women and domestic violence.

In the context of this mapping of rehabilitation and reintegration services of the victims of violence at the local level, the baseline report focuses on observing of the part of the article that emphasizes the need for harmonized and coordinated activities of several institutions/bodies which have the obligation and responsibility to respond on violence and provide support and assistance to the victim with the objective of best response on all forms of violence covered by the scope of the Convention.

The analysis of collected data indicates that there are defined forms of cooperation between | 7 subjects of protection in both targeted local communities. Nongovernmental organizations confirmed they are signatories of memorandums and protocols on cooperation with other subjects of protection.

Sarajevo, the Federation of Bosnia and Herzegovina

In Sarajevo, the representatives of the Ministry of Interior Affairs of Canton Sarajevo, the Cantonal Center for Social Work and the NGO Foundation of Local Democracy have developed and signed the Instruction on How to Act on Calls to the SOS Helpline, which establishes the system of emergency intervention based on reports of violence. There is also the Protocol on Work and Cooperation of the Coordination Body on Prevention, Protection, and Combating Domestic Violence in the Canton Sarajevo. Signatories of this Protocol are, as follows: the Ministry of Labor, Social Policy, Refugees and Displaced Persons of the Canton Sarajevo, the Ministry of Interior Affairs of the Canton Sarajevo, the Ministry of Interior Affairs of the Canton Sarajevo – Police Department, the Ministry of Health of the Canton Sarajevo, the Ministry of Justice and Administration of the Canton Sarajevo, the Ministry of Education, Science, and Youth of the Canton Sarajevo, the Prosecutor’s Office of the Canton Sarajevo, the NGO Foundation of Local Democracy and the Coordination Board of the Associations of Persons with Disabilities in the Canton Sarajevo.

Banja Luka, Republika Srpska

In Banja Luka, the Coordination Body for Combating, Prevention and Protection from Domestic Violence at the Territory of City of Banja Luka, has been established as the body which ensures implementation of the multi- disciplinary approach in prevention, improving, and development of the system of protection from domestic violence. The Coordination Body is comprised of women and men representatives of the following public institutions and civil society organizations: the City Administration of Banja Luka, the Police Department of Banja Luka, the Center for Social Work Banja Luka, the District Public Prosecutor’s Office Banja Luka, the Health Center Banja Luka, the Center for Providing Free Legal Aid, educational institutions, and the Foundation United Women Banja Luka. The text of the Protocol on Conduct Procedures and Cooperation of Authorized Subjects on Protection of Victims of Gender Based Violence and Domestic Violence on the territory of the City of Banja Luka is currently being finalized.

Signatories of these local coordination bodies are meeting according to dynamics previously | 8 determined within the Memorandums/Protocols, with the objective of implementation of the planned activities and exchanging experiences and practices related to the specific cases of gender-based violence and domestic violence. Based on the experiences of interviewed women representatives of the nongovernmental organizations, following challenges in work of the local coordination bodies were identified:

- Insufficient participation and engagement of the women and men representatives of judicial institutions in work of the coordination bodies at the local level; - Lack of sensibility of the appointed women and men representatives of local institutions/organizations for the gender aspect of gender-based violence and domestic violence; - Insufficient intensity of the dynamics of the meetings of the local coordination bodies; - Emphasis on individual motivation of women and men professionals which are using the system, in relation to the system that should function with the participation of all stakeholders, in accordance with the prescribed obligations and responsibilities; - Lack of clear systemic referral mechanisms for victims of violence within established local coordination bodies.

Recommendations:

­ To establish minimum standard trainings for all specialized and general services dealing with cases of violence, to ensure a coherent and systematic approach to training, as well as a uniform response to violence in the local communities. ­ To define plans for conducting trainings in comprehensive manner, with incorporating following topics in an interdisciplinary manner: all forms of violence against women, the needs of marginalized groups, victim safety assessment, cooperation of several subjects of protection from violence and referral mechanisms, existing legislation, protocols, and standards, gender dimension of violence, and prevention of secondary victimization. ­ To ensure feedback on the work of formal and informal bodies at the local level, and incorporate information on work of individual services and evaluation by women and men end-users in the documents regulating the work of these bodies. ­ To develop a mechanism for continuous participatory monitoring and advocacy. All system actors should establish a mechanism through which they would monitor their work, map needs, and advocate for needs to be met. The goal of this mechanism is to develop the existing capacities of the system – human and material resources so that all users can exercise their rights.

Article 19 – Information Immediately upon occurrence of violence, the victims are often unable to make fully informed and empowered decisions, and many women are lacking supportive environment. This provision of the Convention places the emphasis on the need for ensuring victims to receive information about various types of support services, as well as available legal mechanisms. This requires providing information on This requires provision of information on where and

what kind of legal measures and support services can be obtained in a way and at a time when | 9 women victim of violence can use them. The term “adequate information” refers to information that sufficiently meets the victim’s need for information. This may include, for example, not only providing information about the name of the organization offering support and assistance, but giving a flyer containing the organization’s contacts, information about working hours and the types of services it offers.

Women representatives of NGOs from the Republika Srpska, where the mandatory informing of the victims of violence represents the obligation recognized by the Law on Protection from Domestic Violence, state that they participate in the processes of creating tools for women and men professionals that they can use to better understand the informing obligation and informing the victims of violence. In this regard, a Victim Information Guide will be created to serve women and men professionals and a leaflet for victims of violence that can be given to them during contact, which will be distributed to the subjects of protection from violence at the local level as a tool to provide the necessary information to women victims. The analysis of the data obtained through the baseline research indicate the need for additional education of service providers on importance of informing the women victims of violence, as well as strengthening their capacities to assess the victim’s need for information she can use in the current time frame.

Recommendations:

­ To support service providers from general and specialized services to fulfill their obligation to inform women victims in a way that is understandable to them about their rights to services of support and protection from violence, and about their rights in a broader context, through information and capacity building services. ­ To create information materials and distribute them to all subjects of protection from violence, with a special focus on the institutions/organizations that are most often in the first contact with the women victims of violence, such as: police, centers for social work and health institutions. Materials should be created in the languages of migrant women, as well as in other foreign languages in accordance with the demographic structure in the Bosnia and Herzegovina.

ARTICLE 20 – GENERAL SUPPORT SERVICES GENERAL AND SPECIALIZED SUPPORT SERVICES General and specialized support services for victims of violence are defined by the Istanbul Convention as support that offers access to security and justice for women victims of violence and provides them with the necessary emotional, medical, and financial assistance to rebuild their lives. The Istanbul Convention distinguishes between specialized and general support services, but in the practice these services are often intertwined and women and men interviewees for this baseline research are unable to distinguish. When asked about the type of services they provide, women representatives of NGOs identify services as specialized, while

women and men representatives of governmental institutions defined the services as general | 10 within which victims of violence receive support.

General support services within which victims of violence can or could receive support have been identified as follows: the institutions of social protection, health care institutions, employment bureaus, free legal aid centers, and local self-government units.

Specialized support services are provided by nongovernmental organizations. The baseline research covers two (2) NGOs from Sarajevo and Banja Luka that are providing comprehensive support through specialized support services, as follows: safe houses-shelters for women and children victims of domestic violence, SOS helplines, legal aid, psychological support, economic support and assistance, support during judicial proceedings, and support to victims of sexual violence.

Access to Services of Social Protection Primary institutions in which the victims of violence against women and domestic violence in Banja Luka and Sarajevo exercise their rights in the field of social protection are the centers for social work (CSW). Interviewees for the baseline research were women representatives of the CSW in Banja Luka and the cantonal CSW in Sarajevo, which is the umbrella body for additional eight (8) services of social protection, but additional four (4) services from the City of Sarajevo are included.

Interviewees were women managers and professionals (a social worker and a psychologist), who provide direct assistance and support to victims of violence. In both CSWs, services of assistance and support for victims of domestic violence are intended for both women and men through the work of departments. Children use services provided by the same professionals (CSW in Sarajevo) or in a separate department (CSW in Banja Luka), with the involvement of other women and men professionals, if needed. Identified services available to victims of violence are, as follows: psychosocial support, advisory support, financial support, assistance during sheltering to the safe houses. Variance of available services has been identified in the provision of support in finding employment and housing for victims of violence. CSW in Sarajevo provides support services in finding employment and housing, while CSW in Banja Luka does not have developed support services in this regard.

When it comes to professional capacities in both CSWs, the engaged staff dedicates over 75% of working time to work on activities related to domestic violence. In CSW in Banja Luka, there is a small number of people employed in the Department for Family-Legal Protection – Protection from Domestic Violence, whose mandate is to work on services related to domestic violence – out of hundred (100) employees only two (2) professionals are directly involved in activities/services related to domestic violence. Professional services they provide include working both with the victims and the perpetrators of domestic violence. In addition to the two (2) women professionals, CSW in Banja Luka has a Preparedness Team, whose contact is available 24/7 and operate in urgent and acute cases of domestic violence but does not deal with the rehabilitation and reintegration services. The trainings in which the professionals from CSW in Banja Luka were involved were sporadic and organized solely by the NGOs, while

professionals from the CSW in Sarajevo that are working on cases of domestic violence are | 11 continuously educated.

Interviewees state that an individual plan is made for each woman victim of violence based on specific needs and that plan is followed in the process of action and monitoring.

When it comes to access to services in both institutions, there are specific restrictions related to municipality of the residence of the victim of violence. Restrictions for persons with disabilities are related to access for persons using wheelchairs – premises of two (2) municipal CSWs in Sarajevo are inaccessible. CSW in Banja Luka is accessible for people using wheelchairs, but access to services is limited for people with other types of disabilities, such as deaf people (there are no sign interpreters, etc.) there are no restrictions on the use of services for victims of violence with mental health problems and addicts. When it comes to the duration of support services, the interviewees stated that the support lasts if there is a need for it.

When it comes to expanded services in the field of social protection, they are planned on an annual basis in cooperation with the local self-government unit. For this baseline research, the special focus is placed on housing support for women victims of violence.

In the Federation of BiH (Sarajevo) regarding housing for victims of violence, apartments (safe apartments) are provided in acute cases of violence through the work of coordination bodies in some municipalities of Sarajevo, as well as apartments as a part of social housing program, which are given for use for a limited/specific time. In some municipalities of the City of Sarajevo, centers for social work are allocated a housing unit for crisis accommodation of victims of violence, but it is unknown if such a practice is in force in all municipalities of the City of Sarajevo1.

Interviewee from the Cantonal CSW in Sarajevo stated that support service of subsidized tenancy is periodically available to the victims of domestic violence. The right to this support service is available to the victims of violence based on the assessment of professionals from CSW. Exercising the right to co-financing of subtenancy is aimed at the beneficiaries of permanent financial assistance, beneficiaries of allowance for care and assistance of another person of 1st and 2nd category and allowance for assistance and care of another person -elderly and infirm persons (based on the Law on Social Care, Protection of Civil Victims of War, and Protection of Families with Small Children), persons with binaural hearing loss of 95-100% according to FOWER – Sabine, single parents, victims of violence, and persons over 18 years of age who have lost the right to foster care and are in need for financial support in solving

1 The Agency for Gender Equality of BiH (2020) – BiH Report on Legislative and Other Measures for Implementation of the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence (Istanbul Convention)

problems/issues of housing. In that way, it directly affects meeting of one of the basic needs of | 12 the family2.

In the Federation of Bosnia and Herzegovina, there is no systemic law on social housing, while it exists only in two (2) cantons – Bosnia-Podrinje Canton and Zenica Canton. When it comes to Sarajevo, the City does not own apartments for social categories, but this obligation has been taken over by the Canton and municipalities.

In the Republika Srpska, the Law on Social Housing was adopted, which recognizes victims of domestic violence as one of the beneficiary categories. The implementation of the Law is opened at the level of local self-government units that have a certain fund of “social housing”, and in that sense, there are significant differences in the possibilities for exercising rights. Since adoption and implementation of this Law, forty-eight (48) housing units have been allocated – all to social categories from the group of refugees and displaced persons, and no victim of violence in Banja Luka has exercised this right. The department at the level of the local self-government unit to which victims of violence can turn is the Department for Local Economic Development and Strategic Planning of the City of Banja Luka.

Numerous shortcomings have been identified for the exercising the right on social housing by victims of violence in Banja Luka: a small number of housing units in the catalog of available housing, the right is exercised on the basis of a public tender that is not “permanently open” but announced when there is sufficient number of available housing units for allocation, which cannot respond on specific needs of victims of violence in a period when they have a need for housing. It seems that the Law is intended primarily for one category, and that is refugees and displaced persons who use alternative accommodation, so the procedures and ways of exercising rights are based on their specific needs and not on the specific needs of all legally recognized beneficiary categories. The Law on Social Housing of Republika Srpska (Official Gazette of Republika Srpska, no. 54/19) prescribes the bodies/institutions responsible for social housing, beneficiaries and conditions for exercising the right on social housing, the procedure and methodology of allocating social housing, maintenance and management of social housing units, rents and payment obligations, sources of financing for construction of housing units intended for social housing, supervision over implementation, and other issues of importance for social housing in the Republika Srpska. Users of social housing are beneficiaries of alternative accommodation, refugees and displaced persons, people over 65 years of age without family care in need for social care, homeless persons, single parents, children and youth without parental care, persons with disabilities, and victims of violence. During the data collection for the baseline research, it has been identified that each local community has the obligation to develop a Local Social Housing Strategy that would recognize local priorities in this area, which provides space to NGOs representing victims of gender- based violence and domestic violence to advocate for greater recognition of this category through the action plans for the implementation of Local Housing Strategies.

2 The Ministry of Labor, Social Policy, Displaced Persons and Refugees of the Canton Sarajevo (2020), Map of Rights and Services

Recommendations in social protection: | 13

­ Centers for social work that have an insufficient number of engaged women and men professionals in work on gender-based violence and domestic violence should strengthen their capacities through the engagement of a larger number of women and men professionals, psychologists, lawyers, and social workers who act in cases of violence. ­ To separate the work of women and men professionals working with victims and perpetrators of violence. ­ Establish a system of continuous and sensitive education of women and men professionals, which includes gender aspects of domestic violence, as well as other important topics. ­ To plan extended services for victims of gender-based violence and domestic violence within local protocols and documents in the field of social protection and ensure that their specific needs are continuously identified/recorded. ­ NGOs and the centers for social work should create public advocacy actions aimed for recognizing victims of gender-based violence and domestic violence as beneficiaries of the right on social housing and recognizing needs of victims of violence for social housing through local strategies and action plans, as well as regulating procedures that will make easier for victims of violence to exercise these rights.

Map of the Institutions to Which Victims of Violence Can Turn to for Social Protection CITY OF SARAJEVO Name of the Institution Contact Information Cantonal Center for Address: Gatačka 80, Sarajevo Social Work Telephone: 033 723-640 Fax: 033 723-641 E-mail: [email protected] Social Protection Service Address: Zaima Šarca 11 Center Municipality Telephone/fax: 033 565-500 033 565-502 E-mail: [email protected] Social Protection Service Address: Gatačka 78 of Novi Grad Municipality Telephone/fax: 033 723-650 E-mail: [email protected] Social Protection Service Address: Azize Šaćirbegović 2 of Novo Sarajevo Telephone/fax: 033 724-680 Municipality E-mail: [email protected] Social Protection Service Address: Zelenih beretki 14 II/III of Stari Grad Municipality Telephones: 033 551-110; 033 551-111 E-mail: [email protected] CITY OF BANJA LUKA Center for Social Work of Address: Gundulićeva 31

Banja Luka Telephone: 051 348 515 | 14 Fax: 051 348 544 E-mail: [email protected]

Access to Health Care Services Victims of gender-based violence and domestic violence can receive health care services in primary, secondary, and tertiary institutions of heath care. Data related to access to health services were obtained from women representatives of health care institutions and nongovernmental organizations that contributed to the baseline research. Health care institutions are recognized as the subjects of protection from gender-based violence and domestic violence at the local level and are signatories to the memorandums/protocols on cooperation and action in cases of domestic violence.

The services that victims of violence can receive are free of charge, but they are limited by geographical area, i.e., place of residence of the victim. Reporting of domestic violence has not been identified as the obstacle to exercising health care rights. Personnel providing services to children and adults are separate and narrowly specialized. When it comes to services for victims of sexual violence, there are no specific and sensitized services in the way prescribed by the Istanbul Convention.

Health services for victims of domestic violence most often refer to the care of injuries and medical emergencies, but also services that require further referral and support within the health system and referral to other subjects of protection. When it comes to the professionals who provide support, these are most often health workers, psychologists, and social workers employed by the institutions of health care. In some of the institutions of health care (centers for mental health) there are staff members that are specially designated to provide services to victims of violence, while in most other cases these services are provided by all staff members. During the data collection within the baseline research, FUW identified insufficient involvement of representatives of emergency medical care and family medicine in the work of coordination bodies at the local level, because they are often the first professionals to whom victims of violence turn and seek help. All health care institutions can be acted upon through representatives in formal bodies in terms of the transfer of knowledge, experiences, practices, and information materials related to violence.

When it comes to education, there are some positive efforts in this area, so health care professionals in the Republika Srpska have at their disposal the Resource Package for Response of Health Care Providers on Gender Based Violence, as well as the Unified Resource Package for the Response of Health Care and Psychosocial Service Providers to Gender Based Violence, as the comprehensive materials based on the international standards. This material is not only important for educations, but also has practical and operative value in working with the victims of violence.

Map of the Institutions of Health Care to Which Victims of Violence Can Turn for | 15 Health Protection CITY OF SARAJEVO On-duty ambulances of family medicine Municipality Contact Information STARI GRAD Central premises Stari Grad Address: Alajbegovića 1 Telephone: 033 292 502 Email: [email protected] Working hours: 7:30 AM -8:00 PM CENTAR Email: [email protected] Telephone: 033 292 502 NOVI GRAD E-mail: [email protected] Telephone: 033 704 804 NOVO SARAJEVO E-mail: [email protected] Telephone: 033 724 704 Department of Emergency Medicine of Canton Sarajevo Emergency Medical Care Address: Kolodvorska 14, Sarajevo 71000 Sarajevo, BIH Telephone: 033 124 Telephone: 033 -611-111 Telephone for deaf persons: 062/899-500 Working hours: Monday – Sunday: 0-24 Email: [email protected]; [email protected] Centers for Mental Health Municipality Contact Information STARI GRAD Address: Isa-bega Ishakovića 9 (ground level) Telephone: 033 537 783 CENTAR Address: Central premises, Vrazova 11 (third floor) Telephone: 033/ 292 521 (files); 033/292 582 and 033 292 698 (psychologist); 033/292 579 (social worker); 033/292 581 (psychiatrist) NOVI GRAD Address: Bulevar Meše Selimovića 2, (third floor) Telephone: 033/704 820 NOVO SARAJEVO Address: Central premises, Bihaćka 2 (second floor) Telephone: 033/724 736

CITY OF BANJA LUKA Health Center/Family Medicine Services FAMILY MEDICINE SERVICES Working hours: 07:00 AM – 03:00 PM

Bočac, Agino Selo, Borkovići, Verići, Goleši, | 16 Kola, Krupa na Vrbasu, Mišin Han, Piskavica, Potkozarje, Stričići, Karanovac

Working hours: 07:00 AM – 08:00 PM Zalužani, Kočićev Vijenac, Lazarevo, Lauš, Nova Varoš, Obilićevo, Petrićevac, Rosulje, Starčevica, Centar 1, Centar 2, Vrbanja, Srpske Toplice, Bronzani Majdan, Dragočaj, Šargovac, Motike, Česma, Paprikovac Contact Telephone: 051 247-306 E-mail: [email protected] Emergency Medical Care Service with the Educational Center Emergency Medical Care Telephones: 051 230-610, 051 230-620, local Banja Luka 124

Center for Mental Health (building of a 051 230-240 former Military Medical Center)

Center for Mental Health (Dolac) 051 309-080

Recommendations:

­ To involve representatives of primary health care (emergency medical care and family medicine) who are in the first contact with victims of violence in the work of formal and informal bodies to support victims of gender-based violence and domestic violence at the local level, especially in Banja Luka. ­ Within the health care system in Sarajevo and Banja Luka, to provide accessible and sensitized services for victims of sexual violence through identifying women and men professional that are specially trained in this area. ­ To provide free check-ups and reports from forensic doctors that could be used in latter criminal proceedings in case the victim does not want to report violence immediately.

Access to Support Services in the Area of Employment In the Article 20, Paragraph 1, the Istanbul Convention stipulates that state social protection services such as housing, employment or unemployment services, state education and training services, state psychological and legal counselling services, but also financial support services, should respond where it is necessary, on specific needs of victims of all forms of violence covered by the scope of this Convention. Although many victims are already among the users of these services, this does not mean that the provided services are satisfying or considering

their especially difficult situation and trauma to a sufficient extent or systematically. Member | 17 states of the Convention are therefore obliged to provide victims with the access to such services, supporting treatment, and a proper response to their needs3.

As the part of baseline research, FUW sent the request for access to data to the Bureau for Employment of the Republika Srpska. Their response on query about the implemented measures of support for employment of women victims of violence indicate that the Strategy for Employment of Republika Srpska for the Period 2016 – 2020 recognizes importance of economic empowerment of women by placing them in a special target group to increase employment and economic activity of the population. Since 2018, a special measure dedicated to victims of domestic violence and women in rural areas was defined. The Action Plan for Employment for 2019 introduced women victims of torture as the additional target group.

The response from the Bureau for Employment of the Republika Srpska4 states that there was no employment of persons from the category of women victims of domestic violence and war torture during 2018 and 2019 per mentioned programs in city of Banja Luka.

The funds allocated for all categories of population recognized through the Strategy and the Action Plan are presented and defined as a total amount - 1.725.000 BAM5 for 2018, 9.985.470,00 BAM for 2019, and 5.275.00 BAM for 2020.

The Employment Agency of the Federation BiH implemented the programs in cooperation with the cantonal services for employment and other partners which included, among other things, the target group of unemployed women victims of domestic violence. Given the fact that victims of domestic violence by their status in the labor market have the characteristics of a socially excluded persons, because they are in special life circumstances, the practice was continuously applied that for the category of unemployed women victims of violence the basic amount of employment co-financing increased by 10%cin relation to other categories, which encouraged employers to employ this category of unemployed persons.

The public institution “Employment Service of Sarajevo Canton” Sarajevo in a letter sent in response to a request for access to information from the Foundation “United Women” states that according to the records it keeps, there were no women victims of domestic violence who used measures to encourage employment and self-employment during 2018, 2019, and 2020.

Specialized NGOs that contributed to the baseline research state that they provide support to women victims of violence in finding employment and economic empowerment, through finding an adequate exit strategy from the safe houses/shelters and programs and periodical projects of economic empowerment of women.

3 Explanatory Report of the Istanbul Convention, Point 126 4 Letter no. 01.2/0801-1349-2/20 Information related to implementation of programs of employment and self-employment of women victims of violence on the territory of city of Banja Luka 5 BAM refers to the Bosnian Mark, effective currency for Bosnia and Herzegovina.

Map of the Institutions to Which Women Victims of Violence can Turn to for Support | 18 in Employment CITY OF BANJA LUKA Employment Bureau Address: Save Mrkalja 14, 78 000 Banja Luka Branch Office, Banja Telephone: 051/216 – 521; 216 - 522; 216 – 519 Luka Email: [email protected] CITY OF SARAJEVO Municipalities Contact Information Employment Bureau Address: Obala Kulina-bana 24 STARI GRAD Sarajevo 71000 Telephone: 033/557-247 Email: [email protected] Employment Bureau Address: Mehmeda Spahe 12 CENTAR Sarajevo, 71000 Telephone: 033/225-786;033/214-438 Email: [email protected] Employment Bureau Address: Ložionička 5 NOVO SARAJEVO Sarajevo, 71000 Telephone: 033/653-217 Email: [email protected] Employment Bureau Address: Branislava Nušića 170, Dobrinja V NOVI GRAD Sarajevo, 71000 Telephone: 033/ 469-812;033/768-035 Email: [email protected]

Recommendations: ­ To additionally promote and make available to the victims of domestic violence the programs of the Bureau for Employment of the Republika Srpska (branch office Banja Luka) and the Bureau for Employment of the Federation BiH with the cantonal employment services aimed for victims of domestic violence. -To establish and formalize cooperation of employment services with specialized NGOs and centers for social work at the local level in order to implement programs for employment of victims of violence. ­ To create programs of support for self-employment in a form of financial and non- financial assistance. In this way, women victims of violence could use their skills and knowledge to create conditions for economic independence that would not depend on market supply.

Access to Legal Advice and Legal Aid Services Victims of domestic violence in the targeted area (Banja Luka and Sarajevo) can receive free legal aid in public institutions (Center for Free Legal Aid – Banja Luka Office, Institute for Free

Legal Aid of Sarajevo Canton), NGO Foundation “United Women” in Banja Luka– Free Legal | 19 Counseling, and NGO “Foundation of Local Democracy” in Sarajevo, in the Center for Women.

As a part of the baseline research, an interview was conducted with a legal advisor engaged in the direct provision of legal aid services in the Center for Free Legal Aid -Banja Luka Office, a legal advisor of the Foundation “United Women” in Banja Luka, a representative of the “Foundation of Local Democracy in Sarajevo, and a request for access to information was sent to the Institute for Free Legal Aid of Sarajevo Canton.

In Banja Luka (Republika Srpska), the right to free legal aid is exercised according to the criteria of personal status or status before the competent authority. For the victims of violence, access to free legal aid it is prescribed regardless of the established financial criteria, they are given priority in providing free legal aid in relation to another applicant in marital and family proceedings. The right is exercised in accordance with the Law on Exercising the Right on Free Legal Aid of the Republika Srpska. Following services are available to the victims of domestic violence: general information on rights and obligations, legal advice, and assistance in filling out the forms, legal assistance in drafting all types of documents, legal assistance in peaceful dispute resolution (mediation) in accordance with the law, representation in the court, and making appeals. The procedures within which assistance is provided are, as follows: administrative proceedings – in a part related to the preparation of appeals and extraordinary legal remedies, administrative dispute, litigation proceedings, non-litigation proceedings, and enforcement proceeding.

In the office of the Center for Free Legal Aid in Banja Luka, four (4) lawyers are providing free legal aid services. There is no systematization of work positions per type of services provided, and all four (4) lawyers are providing free legal aid services to all categories of population, including victims of domestic violence. Service providers are participating in sporadic educations on gender-based violence and domestic violence which are predominantly organized by NGOs. Statistics on number of provided services exists at the level of the Republika Srpska. During 2019, fifty-one (51) persons applied for legal assistance in the field of gender-based violence and domestic violence, while total number of sixty-five (65) persons applied for legal assistance and support in 2020. The premises of the Center for Free Legal Aid – Branch Office in Banja Luka are inaccessible for wheelchairs, so the services are not accessible for women with disabilities.

If a person contacting the Center uses a wheelchair, a professional worker will come out in front to talk, and it is possible to make a home visit.

Through its free legal counseling, the Foundation “United Women” is providing services only to women victims of gender-based violence and domestic violence. During 2019, two-hundred and eighty-three (283) women received free legal aid and support. In 90% of cases, women users of free legal aid provided by the Foundation “United Women” in Banja Luka stated they had been exposed to combined forms of violence (physical, psychological, economic) during the past two years. 95% of women users are unemployed or receive minimal social assistance, and do not own property registered in their name. Out of the total number of women who

contacted the Foundation’s office, 35% of request for support and assistance came via social | 20 networks (Facebook, Viber) and via e-mail, which indicates the expansion of the availability of legal aid for women. Requests for support came from women living in other parts of the Bosnia and Herzegovina and from abroad (from women former residents of Banja Luka and living abroad due to war, migration, etc.) The most common forms of support are, as follows: support to women in exercising the right to collection of child allowance, i.e., alimony, assistance, and mediation in recognizing court judgments from abroad, legal advice regarding partition of marital property, partner violence, domestic violence, filling criminal charges for harassment and stalking, support in exercising rights in the field of social protection. During 2020, with adopted changes and amendments of the Law on Protection from Domestic Violence of Republika Srpska, victims of violence acquired the opportunity to request imposing of the urgent and protective measures to protect themselves from recurrence of violence, so the legal aid included direct assistance in drafting these requests. Foundation “United Women” additionally developed specific forms to assist victims of violence to exercise this right. Two (2) female lawyers are engaged on providing free legal counseling (one full-time and one part-time).

In the Institute for Providing Free Legal Aid of Canton Sarajevo, victim of gender-based violence or domestic violence can obtain legal aid based on this status. Free legal aid includes following actions: general information on rights and obligations, assistance in filling out forms for exercising the right to free legal aid, legal advice, legal assistance in compiling all types of documents, representation before administrative bodies and other bodies and institutions, representation in court, making appeals, legal assistance in peaceful settlement procedures (mediation) and making submissions to the international human rights bodies.

Victims of domestic violence who report it as well as those who do not report violence have the right to exercise their basic rights guaranteed by international conventions and the Law on Protection from Domestic Violence of Federation BiH through the Center for Women of the “Foundation of Local Democracy” from Sarajevo, namely following actions: free legal aid in the field of family relations, social protection, health care, employment, labor law, the right to pension and disability insurance.

Recommendations: ­ To educate and sensitize governmental bodies for free legal aid to victims of gender-based violence and domestic violence. ­ To additionally promote types of support available in these services and inform victims of violence about types of support they can obtain within these services. ­ To design psychological support programs for court proceedings for primary and secondary victims of violence. Programs should prepare the victims for providing testimony, the entire trial, as well as know their rights and how to exercise them in the process. The main goal of this program is the prevention of the secondary victimization. ­ To make all legal counselling services available to the women with disabilities and other marginalized groups of women.

Map of the Institutions/Organizations to Whom Victims Can Turn to for the Free | 21 Legal Aid CITY OF SARAJEVO Name of the Contact Information Institution/Organization The Institute for Providing Free Address: Branilaca Sarajeva 21, Sarajevo Legal Aid of Canton Sarajevo Telephone: 033 275-660 Fax: 033 275-661 E-mail: [email protected] The Foundation of Local Democracy Address: Bravadžiluk bb – Center for Women Sarajevo Telephones: 033 570 560, 033/ 570 561 Email: [email protected] Working Hours: 08:00 AM - 04:00 PM CITY OF BANJA LUKA The Foundation „United Women“ Address: Klamegdanska 18 Banja Luka – Free Legal Counseling 78000 Banja Luka Telephone: 051 462 146 Email: [email protected] Working Hours: 09:00 AM – 04:00 PM The Center for Free Legal Aid – Address: Slavka Rodića 4, 78 000 Banja Luka Banja Luka Office Telephone: 051 233 570 Email: [email protected] Working Hours: 08:00 AM -04:00 PM (work with clients 09:00 AM – 01:00 PM)

Article 21 – Assistance with Individual/Collective Complaints This article addresses the obligation of signatories to provide victims with information and access to applicable regional and international mechanisms of complaints. The term “applicable” refers only to those regional and international complaint mechanisms ratified by the state. After using all national legal remedies, victims of all forms of violence covered by the scope of the Istanbul Convention can seek help from a number of existing regional and international complaint mechanisms. Ensuring that victims have “information and access” to these mechanisms, it is emphasized that victims should be provided with information on rules of filling in complaints and procedural requirements related to the applicable regional and international complaint mechanisms, and that, after using all national remedies, states would not in any way interfere with their access to these mechanisms. This provision is also aimed at promoting the availability of emotional and professional assistance to victims in making such complaints, which may be provided by the state, law firms, relevant NGOs or other potential stakeholders. Assistance can be comprised of providing information and legal advice. Provided assistance should be well informed and adjusted to the needs of victims of violence.

As a part of the baseline research on rehabilitation and reintegration services for victims of | 22 gender-based violence and domestic violence in Banja Luka and Sarajevo, an NGO has been identified that has experience and provides assistance and support to victims of gender-based violence in submitting individual and collective complaints to the international bodies. The support refers to the victims of war related sexual violence and other war crimes.

TRIAL International – Office in Bosnia and Herzegovina, within its mandate, advises and assists to victims of war related sexual violence and other war crimes in their fight for justice before domestic courts and international bodies, and provides them with legal assistance in individual cases and on their behalf if they met the conditions, and submits petitions before the international mechanisms if the case is suitable for strategic litigation. In this sense, TRIAL International submits strategic cases to ensure that the guaranteed rights of individual victims are respected, but also to contribute to the systemic improvement of specific issues through implementation of the decision.

Of the significant experiences, women representatives of TRIAL International – Office in Bosnia and Herzegovina singled out several recent decision of UN bodies. For example, in August 2019, UN Committee against Torture adopted the decision in a case in which TRIAL International Office in BiH represented the victim. This was the first decision concerning a victim of war related sexual violence, which is the first individual complaint against Bosnia and Herzegovina, ordering Bosnia and Herzegovina to fulfill its obligations under the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, to ensure that the victim receives fair and adequate compensation, free medical and psychological assistance, to offer the victim an official public apology, and establish an effective system of reparations at the state level. Currently, TRIAL International – Office in Bosnia and Herzegovina is taking action to ensure that the decision is implemented.

Additionally, there is the decision of UN Committee for Elimination of All Forms of Discrimination against Women (UN CEDAW) from July 2020, in a case in which TRIAL International represented the victim. This is the first decision of this UN body by which Bosnia and Herzegovina has been marked as responsible, and at the same time, the first decision that recognizes the suffering of survivors of war related sexual violence. UN CEDAW Committee called on BiH to provide immediate support to survivors of war related sexual violence, confirmed that gender-based violence against women represents a form of discrimination and torture, and is the subject of positive obligations of the states parties of the Convention. UN CEDAW Committee made several recommendations concerning the specific applicant, as well as several general recommendations, emphasizing, inter alia, the obligation of a state party to the Convention to ensure that the applicant is informed by the competent authority about the course of investigation and to receive justification about the reason of a durable investigation, that BiH authorities should take urgent measures to ensure that her case is adequately investigated, and to ensure that the applicant receives full reparations for the violence she has suffered.

The baseline research identified the data that the Institute for Providing Free Legal Assistance of Canton Sarajevo provides support to victims of gender-based violence and domestic

violence, and other persons entitled to assistance in making submissions to the international | 23 human rights bodies. It was not possible to obtain specific information regarding this type of support.

Women representatives of NGOs interviewed as the part of baseline research state that they sporadically organized trainings for free legal aid providers on international mechanisms for the protection of women’s rights, ways, and procedures for their use. Additionally, the Foundation “United Women” Banja Luka signed an agreement on cooperation with the Bar Association of Republika Srpska, and planned training of practicing lawyers on gender-based violence, including the use of international mechanisms in this area.

Sarajevo Institution/Organization Contact Information TRIAL International – Office Address: Čobanija 19, 71000 Sarajevo in Bosnia and Herzegovina Telephone: 033 219-873 E-mail: [email protected] Working Hours: 09:00 AM-05:00 PM, and women service users should contact via telephone and e-mail to announce their visit.

Recommendations:

­ To strengthen the capacity of free legal aid services of the governmental institutions and NGOs to provide victims of violence with information on the possibilities for using international mechanisms in the protection of their rights and to represent and support victims of violence if they have the opportunity to do so. ­ To especially strengthen specialized NGOs that have free legal aid services as a part of their work. ­ To promote positive examples of exercising rights before these bodies to strengthen the motivation of victims to participate in these processes.

Article 22 – Specialized Support Services The obligation contained in this article aims at the obligation of the state to provide a sufficient number of specialized support services for victims of gender-based violence and domestic violence to ensure empowerment and support of victims in their specific needs. It is important to ensure that these services are sufficiently widespread and accessible to all victims. The types of support that these services should include are, as follows: shelters and safe accommodation, emergency medical care, collection of forensic medical evidence in case of rape and sexual assault, short term and long-term psychological counseling, trauma support, legal counseling, legal representation and additional services, helplines to guide victims to the right type of service and specific services for children as victims or as witnesses.

The baseline research identified NGOs as the key providers of specialized services for victims of | 24 violence. These services within NGOs are specific, provided by trained and sensitized staff members and are intended exclusively for women and children victims of violence. Given that the baseline research covered the two largest cities in the Bosnia and Herzegovina, the data obtained cannot answer whether the services are sufficiently widespread throughout the country, and whether they meet the needs of victims in smaller and harder to reach local communities/municipalities.

Article 23 – Safe Houses – Shelters for Women and Children Victims of Domestic Violence This article of the Convention requires from the signatories to ensure the establishing of easily accessible shelters in sufficient numbers as an important means of fulfilling obligations to protect and support victims. The purpose of the shelter is to ensure access to safe, preferably all -day accommodation to the victims, especially for women and children, in situations when they are no longer safe in their home. Accommodation in general shelters is not sufficient and cannot ensure necessary support and assistance. Specialized shelters for women are best equipped to address the various problems intertwined with violence, and provide support to women and children, and enable them to cope with traumatic experiences, to leave violent relationships, regain self-confidence and lay the foundations for independent living. To fulfill these obligations, it is important that the shelters meet certain standards, such as the capacity to assess the security situation for each victim, the technical security of the facility, and effective cooperation with the police on security issues. When it comes to the number of shelters, it refers to a sufficient number to provide temporary accommodation for all victims who need it. In that sense, the recommended number if 1 family place per 10,000 inhabitants. The number of places should be harmonized with the real needs.

The baseline research included two (2) representatives of the safe houses – shelters for women and children victims of domestic violence from Sarajevo (Federation BiH) and Banja Luka (Republika Srpska). Safe houses are run by specialized NGOs, and shelters are designed exclusively for women and children victims of gender-based violence and domestic violence.

The primary goal of the shelter is to quickly provide physical security from the perpetrator of violence through providing direct access to safe accommodation, at any time of the day or night, 24 hours a day. Accommodation is all day and allows you to meet all basic living needs. Shelters are technically secured to provide security through video surveillance and high fences.

When it comes to financing the accommodation of women and children in safe houses, the women representatives of NGOs that run safe houses/shelters state that the service in Banja Luka is financed solely from the public budget, while the service in Sarajevo is financed partially from the public budget and partially from donor funds.

When answering the question of what types of services they provide to victims of violence, women NGO representatives recognized following services: physical protection and security,

psychosocial therapeutic treatments (individual and group therapeutic treatments, educative, | 25 supportive, recreational and working-occupational therapies), legal assistance (preparing lawsuits, court representation, legal counseling), medical assistance (emergency medical interventions, regular control checkups, medicine therapy in cooperation with the health care institutions), economic empowerment through retraining programs, additional education, employment assistance, etc. NGOs also have contacts with the families of the victims of violence as well as with the other NGOs and governmental organizations and institutions in whose programs it is possible to include victims of violence to help them to become independent, and to support their reintegration into the social community. This is carried out by the expert team of the safe house, based on the individual plan and protection program for each victim of violence who is placed in the safe house. There are fifty-nine (59) beds available in the safe houses in Sarajevo and Banja Luka. The Safe House for Women and Children Victims of Violence in Banja Luka has twenty-four (24) beds, and the Safe House for Women and Children Victims of Violence in Sarajevo has thirty-five (35) beds, of which ten (10) beds are intended for victims of sexual violence. The Safe House in Banja Luka accommodates women and children from other municipalities that include the Banja Luka region, which include additional fourteen (14) municipalities, as well as the Safe House in Sarajevo, which covers the needs of the entire Canton Sarajevo, which includes eight (8) municipalities. According to the minimum European standard that determines the level of service to one family place per 10,000 inhabitants6, this number of beds is not sufficient for the regions covered. It should be considered that interviewed women NGO representatives stated that during 2019 they managed to respond on all requests, and that safe houses did not find in situations where they had to refuse to accept women and children beneficiaries.

There are also certain restrictions in the access of victims of violence to the services of shelters. Access in the Republika Srpska is conditioned with the decision of an authorized center for social work, and there are territorial limitations in the Federation BiH.

The duration of the accommodation ranges from 3 to 6 months for the Safe House in Sarajevo, and from 7 to 12 months in the Safe House in Banja Luka. In principle, women and children cannot stay indefinitely, although there were situations where women and children stay much longer because they have nowhere to go.

Both the Foundation “United Women” in Banja Luka and the “Foundation of Local Democracy” in Sarajevo are providing specialized services, which are provided by the professional staff who are educated and specialized in providing support to victims of gender-based violence. The services are integrated and provide a variety of services to women and their children for all forms of violence, including sexual violence.

Access to older male children (under 18 years of age) is restricted to accommodation together with their mothers.

6 Council of Europe (2008). Fighting against Violence against Women: Minimum Standards for Protection Services, Strasbourg, Council of Europe, page 18 defines family place as one adult family member, plus average number of children in the given country.

When asked about the access to service for women with disabilities, representative of the Safe | 26 House in Sarajevo states that it is not accessible, while the coordinator of the Safe House in Banja Luka states that the premises are partially accessible.

The ground floor of the building can be partially adapted as a space for women using wheelchairs, while the access to the bedrooms has architectural barriers that prevent unimpeded movement – the Safe House in Banja Luka.

When it comes to the access to the service for women with mental health problems, the access is partially provided. The answers provide following justifications:

Women who have more severe mental illnesses (for example, psychosis schizophrenia) in which there is a possibility of loosing contact with reality. In these cases, women need to have an opinion from a psychiatrist that they can stay in collective accommodation. The Safe House accommodated women users with various forms of depressive states, acute reactions to stress, behavioral disorders, mental retardation, suicide attempts, bipolar disorders, psychosis, and schizophrenia. – the Safe House in Banja Luka

Only in special cases, when it is under the supervision of a psychiatrist and in a stable phase, remission. – the Safe House in Sarajevo

Some restrictions on the rights of women in the safe houses/shelters have also been reported: both shelters/safe houses in Banja Luka and Sarajevo are restricting freedom of movement of women and children service users to protect their physical safety, prevent repetition of violence, and its negative influence.

During the first 15 days of accommodation in the shelter/safe house, women are remaining in its premises for their safety, protection, and stability, without outings, except for outings accompanied by the staff members of the safe houses/shelters to cooperate with the centers for social work and solve administrative issues. The telephones are used at scheduled times, twice for half an hour during the day, except for the COVID 19 pandemic situation when women service users had the opportunity to use telephones more during police curfew or other measures when freedom of movement was restricted. Exceptions are also job search, communication with the centers for social work, and other public institutions.

All restrictions that exist within the premises of the safe houses in Banja Luka and Sarajevo are aimed at protecting the physical and mental health of all women and children service users. Restriction of movement depends on each individual case and on the risk assessment. If there is no risk of recurrence of violence, women can freely move, while in all cases when there is a safety risk, the victims of violence are accompanied by the staff members of the safe houses. Restrictions in using telephones were introduced to reduce stress of women service users in the safe houses due to recurrence of violence by sending messages of disturbing content, calls, threats, and other forms of violence. For these reasons, women service users in the safe houses of Banja Luka and Sarajevo are using a telephone for an hour, and if there is a need to establish a telephone contact, there is the possibility to use additional time for telephone communication or using official telephones in the premises.

Recommendations: | 27

­ To enable stable and continuous financing of the Safe House in Sarajevo from the public budget. ­ To remove restrictions that are preventing free access for women and children victims of violence to the services of the Safe House in Banja Luka, such is the conditioning accommodation to the shelter with decision of the authorized center for social work, which is a condition for financing accommodation, through amending the legal solution that imposes this restriction. ­ To provide sufficient options for temporary or permanent housing of the victims and take care of access to safe accommodation for women with older male children (under 18 years of age), women with disabilities, and women with mental health difficulties. ­ To create alternative accommodation programs for women users after leaving the Safe House, which should serve as a temporary solution in the process of reintegration of victims. The accommodation would mean partial independent living that the victims would use until they secured their economic independence and the possibility to independently finance the accommodation.

Article 24 – SOS Helpline SOS helplines are one of the most important ways to enable victims to find help and support. Helplines for the assistance are one of the most important ways to enable victims of violence to reach support and assistance. SOS helpline with a widely advertised public number that provides support and counseling in crisis situations and refers to direct contact services, such as shelters, counseling centers or police, forms the basis of any support and counseling service for all forms of violence covered by the Istanbul Convention. This article contains an obligation to establish national helplines that are available 24/7 free of charge. Many victims of violence find themselves without documents and resources and are unable to make a telephone call. Furthermore, in many telephone operators, paid telephone calls can be seen on the telephone bill and thus show the perpetrator that the victim of violence is seeking help, which further endangers the victim. Many victims of violence find it difficult to actively seek help, and share intimate details, which is why it is important that callers can remain anonymous, receive counseling by professionals that are trained to deal with such situations, and that SOS helplines offer information and support anonymously, if a person that calls wants to remain anonymous.

A total of three (3) SOS helplines are available in Sarajevo and Banja Luka. Two (2) SOS helplines are established at the entity level, 1264 short number for the Republika Srpska and 1265 short number for the Federation BiH. Another SOS helpline is available in the Sarajevo Canton – red line for reporting domestic violence. All SOS helplines are operated by the specialized NGOs, and they employ counselors who are sensitized and educated about all forms of gender-based violence. SOS helplines are available 24/7 in line with the standards of the Istanbul Convention. However, there are certain deviations, calls on SOS short numbers

1264 and 1265 are free of charge, but there are certain telephone operators from which they | 28 cannot be obtained, and there is no possibility for the SOS helpline to hide the call trace in the caller’s call register.

When it comes to personal data and anonymity of women calling the SOS helpline, the baseline research identified following answers:

In relation to the short number 1264 for which SOS helpline is provided by the Foundation “United Women” in Banja Luka, personal data is required if the caller want to provide these data for the purpose of follow up monitoring of the case when reporting violence. These data include the address, marital status, children, educational background of a victim of violence and the perpetrator of violence, employment status, acts of violence, type and consequences of violence, and types of assistance. All data are recorded in a questionnaire used by all NGOs that are providing assistance through SOS helpline in the Republika Srpska, which are then processed in the form of monthly report and submitted to the Ministry of Family, Youth and Sport of Republika Srpska. Out of total number of calls to SOS helpline, 30% of calls are anonymous. Personal data or data on the place where the violence happened are recorded so that the police can be sent to the scene. This is a common practice of work with the institutions with which the NGO has signed the memorandum of cooperation (police, centers for social work, gender center) in the cases when a woman that calls SOS helpline wants to report violence.

In relation to the short number 2165 for which SOS helpline is operated by the “Foundation of Local Democracy” in Sarajevo, the Information collected through SOS helpline can be shared only with the organizations/institutions in the system of protection with the purpose of solving the case of violence, and these are the organizations/institutions with which the Foundation of Local Democracy from Sarajevo has direct cooperation through individual safety and independence plans. In all other cases, the data collected through SOS helpline are shared only based on the written request and with the purpose of acquiring information on women service users. For each woman service user, the SOS helpline councilor is recording the collected data in separate questionnaire with unique number corresponding to the data entered in the data base. Persons calling SOS helpline can remain anonymous if they wish.

SOS red line (033 222 000) is the telephone line for reporting domestic violence, which enables women and men citizens of Canton Sarajevo (but also beyond), to report any type of violence and obtain adequate information on how to approach the problem of violence. The goal is to use the open 24-hours telephone line to enable the reporting of violence, as well as the possibility of intervention in prevention of violence. An instruction on the handling of SOS helpline calls was signed between representatives of the Ministry of Interior Affairs of Canton Sarajevo, the Center for Social Work of Canton Sarajevo and the Foundation of Local Democracy from Sarajevo, and an emergency intervention system was established when reporting violence. The limitation of this SOS helpline is the fact that calls are not free of charge, but SOS helpline councilors are, in most of the cases, taking the telephone number from the person calling and call her so that they can have an uninterrupted conversation.

Recommendations: | 29

­ To make SOS helplines for support and assistance to the victims of violence free and accessible to calls of victims from all telephone operators in the Bosnia and Herzegovina. ­ To adopt the necessary technology so that calls to SOS helplines cannot be tracked and thus prevent the perpetrators of violence from having access to information that the victim has sought help and support, because in that case she is potentially exposed to the violence which is more intense. ­ To create self-help groups for SOS helpline councilors, as well as continuous education programs that would prevent burnout syndrome in helpers.

Article 25 – Support to Victims of Sexual Violence Traumatic experiences caused by the sexual violence, including rape, require a particularly sensitive response from trained and specialized professionals. Victims of this type of violence need urgent health care and trauma support, as well as instant forensic examinations to gather evidence for prosecution. There is also a great need for psychological counseling and therapy, often weeks and months after the traumatic experience. The Istanbul Convention requires from the state party to establish easily accessible centers for victims of rape or centers for referral of victims of sexual violence in sufficient numbers. States have an alternative, not an obligation, to establish both types of centers. It is important that services to victims of sexual violence are “appropriate”, which means ensuring that the provided services are in line with the needs of victims.

As part of the baseline research, one service was identified in Sarajevo – Shelter for Girls Victims of Sexual Violence, Incest, Domestic Violence and Other Forms of Violence. The capacity of the shelter is sufficient to accommodate ten (10) girls. In the period from 2002 to 30 November 2019 three hundred and thirty-three (333) girls were sheltered and received assistance and support. This shelter is part of the Safe House for Victims of Gender Based Violence and Domestic Violence run by the NGO “Foundation of Local Democracy” from Sarajevo. A shelter for girls victims of sexual violence have a separate entrance, and separate and common rooms with another part of the Safe House. The staff that provides services to victims of sexual violence in this shelter is educated and sensitized for work with the victims of sexual violence.

During the interviews for the baseline research, the respondents identified as the subjects of protection from violence (representatives of health care institutions, centers for social work, specialized NGOs, centers for providing free legal aid) are recognizing themselves as the providers of services of assistance and support for victims of sexual violence. It is evident that all the respondents are providing services to the victims of sexual violence as a part of other services within the same premises in which they are providing services to all victims of violence. The staff members that are also the same that provides general and/or specialized services. When it comes to the number of cases, responses of the respondents indicate there

is a small percentage of the victims of sexual violence that approach to the service providers to | 30 request assistance and support. A representative of the Center for Free Legal Aid Branch Office in Banja Luka stated that there were no victims of sexual violence that requested legal assistance and support during 2019 and 2020.

It frequently happens that the victims are approaching to the services to request assistance and support for other forms of violence, but during the conversation they recognize that they also suffered from the sexual violence, especially when if it is marital union. – a representative of the Center for Social Work in Banja Luka.

There have not been many reports of sexual violence against adult persons and reports of sexual violence against children are much more in common. – a representative of the Center for Social Work in Banja Luka.

When asked whether victims of sexual violence can get access to services in your institution, the female representative of the Center for Social Work in Sarajevo said:

We cannot work against the will of the victims, they are referred to counseling, and the Center obligatory reports the cases of violence when the victim is a child.

Representative of the Safe House in Sarajevo that also has a shelter for girls victims of sexual violence stated that the victims of sexual violence cannot get access to services if they do not want to report the violence to the police, and that services are provided if the Center for Social Work in Sarajevo or the court consider it necessary, while the representative of health care institution stated that the victims of sexual violence can receive service of support and assistance if the victim does not want to report violence to the police.

Recommendations:

­ To establish accessible crisis centers for victims of rape or centers for referrals of victims of sexual violence in sufficient numbers in Banja Luka and Sarajevo. ­ To strengthen the capacity of existing general and specialized services of support to victims of sexual violence, outside the domain of domestic violence. ­ To ensure that all staff members that are providing support to the victims of sexual violence have access to trainings on needs of the victims. ­ To undertake regular field activities and awareness rising activities which are especially targeting sexual violence, including rape of a marital or intimate partner.

Article 26 – Protection and Support for Child Witnesses Exposure to physical, sexual, or psychological violence and abuse among parents or other family members has a strong effect on children. Violence provokes fear, causes trauma, and negatively affects their development. For these reasons, the Article 26 of the Istanbul Convention imposes an obligation to ensure that the rights and needs of those victims with

children who have witnessed violence are considered. The term “child witness” refers not only | 31 to children who are present during violence and are active witnesses, but also to those who are exposed to screams and other sounds of violence while they are hiding nearby or are exposed to prolonged consequences of such violence. It is important to recognize and respond to victimization of children as witnesses to all forms of violence covered by the scope of the Istanbul Convention, and their right to support. Due to that, the Istanbul Convention calls for the best proven psychosocial interventions appropriate to age and development, and specifically designed for children to help them cope with traumatic experiences when needed. All services offered must pay special attention to the best interests of a child.

Children witnesses of violence are receiving services in the specialized NGOs, and the institutions of social and health protection. The baseline research identified that it is not always clear if the professionals sufficiently understand the essence of this article. Understanding of the needs, procedures, and ways of implementing services of support when the children are direct victims of violence fully exists. However, when it comes to children witnesses of violence, the professionals only have the understanding that there is a possibility that children have witnessed violence, while acting procedures are not fully clear, and complete insight is therefore not possible.

In all institutions/organizations in Banja Luka and Sarajevo whose women and men representatives were interviewed during the baseline research confirmed that services of support to children witnesses are provided by the specifically defined staff members, except in the Center for Social Work of Canton Sarajevo, whose representative stated that the Center is making efforts to provide support to adults and children within the same case file by the same staff members, and that other women and men professionals are involved when needed.

Women representatives of both safe houses in Sarajevo and Banja Luka stated that specially trained staff members are providing support to children, and all services are adjusted to age of children and their specific needs. The staff members that are working with children witnesses within the safe houses in Banja Luka and Sarajevo have capacities to recognize trauma and to direct individual working plan to the best interests of a child. Children accommodated in the safe houses of Banja Luka and Sarajevo are continuing with the process of education, learning and regular extracurricular activities if the safety risk assessment allows it.

Interviewees from the public institutions in Banja Luka and Sarajevo stated that children can obtain support in the institutions of social and health protection in which, in most of the cases, the professionals who provide services to children witnesses of violence are specially trained for work with children. Majority of them understand providing services of assistance and support to children witnesses as the work with children who were victims of direct violence, while children who were not directly exposed to violence are not under special attention in terms of monitoring the consequences of violence and trauma they reflect as witnesses of violence. Especially challenging are the situations, mostly in the centers for social work, where the same professionals are working both with women and children victims of violence and the perpetrators of violence, and as guardianship body they regulate contacts and visitations of children witnesses with fathers that are perpetrators of violence. This area is requiring more

detailed qualitative analysis and educational materials for women and men professions for | 32 adequate work with the children witnesses. This complex work involves not only working on the relationship between the child perpetrator of violence but also on the relations between a mother victim and a child witness of violence. In this regard, it would be good to include other specialized support services, such are the counseling centers.

Children may be unaccompanied by their mothers with the obligatory decision of the guardianship authority, which shall issue a decision on the appointment of a professional worker in the capacity of a temporary guardian for a child. – Safe House in Banja Luka

Recommendations:

­ To ensure that all subjects of protection from violence, general and specialized services are providing support to children witnesses of all forms of violence in a form of psychosocial support adjusted to the age of a child witness and provided by trained women and men professionals. ­ To ensure that all safe houses/shelters have at least one professional specially qualified to provide assistance and support to children. ­ To develop special tolls and educational materials that can contribute to strengthening capacities of women and men professions to work with children witnesses of all forms of violence.

Article 27 – Reporting This article of the Istanbul Convention emphasizes the need to encourage the reporting of gender-based violence and domestic violence by all persons who witness or have reasonable grounds to suspect that violence has occurred. It aims to emphasize the important role that individuals – friends, neighbors, family members, colleagues, women and men teachers, and other women and men community members can play in breaking the silence that perpetuates violence. It is the responsibility of each State to determine the competent authorities to which such suspicions may be reported.

Specialized NGOs that were part of the baseline research carry out continuous actions aimed at raising general awareness of gender-based violence and domestic violence. Inviting the general population and women and men representatives of the governmental institutions to report domestic violence and other forms of violence is part of the regular campaigns. Activities in the Republika Srpska are more intensive and are directed to importance of reporting by other persons, since the Law on Protection from Domestic Violence defined the obligation of everyone who witnesses violence to report it, and sanctions those who do not report domestic violence. As a result of media activity, there is an increasing number of reported cases of domestic violence on SOS helpline by third parties (neighbors, relatives, etc.) During 2020, violence was reported for the first time in an educational institution – elementary school, by underage girls who were victims of sexual violence by close family members. Additionally, a social worker employed in a tertiary health care institution, which is highly

engaged and sensitized for the issue of violence, in talking with the female patients recognized | 33 various forms of violence and contacted relevant public institutions and nongovernmental organizations in the local community.

Recommendations:

­ Public institutions and nongovernmental organizations should place emphasis on the violence as the public issue, and not the personal problem of a victim, and importance of reporting violence by third persons that have reasonable doubts that violence occurred. ­ To promote legal norms that oblige all those who witness violence to report it. Make available information how violence can be reported and to which bodies.

Article 28 – Reporting by the Professionals The Istanbul Convention calls on members to ensure that professionals who are normally bound by the rules of professional secrecy (for example physicians and psychiatrists) to have the opportunity to report violence to the competent organizations or authorities if they have reasonable grounds to believe that a serious act of violence has been committed covered by the scope of the Convention, and they further severe acts of such violence can be expected.

In the conversation with the interviewed women and men professionals, one gets the impressions that there is no complete understanding of this article of the Convention and its essence, and that there are numerous professional challenges when a woman does not want to report violence. Most of the respondents from the public institutions from both Banja Luka and Sarajevo state that they enforce the legal obligation of reporting violence upon finding out that it happened. However, at the same time they state that they cannot work against the will of the women victims, and that they are obliged to respect their wishes.

When a woman id of legal age, if she does not want to report violence herself, the law obliges us to respect the opinion of the victims. If we assess that a person is not able to protect herself, and cannot recognize she is in danger, we report it. – a representative of the Center for Social Work in Sarajevo Canton

If we compare the situations of reporting violence against women and children in the situations when a victim does not want to report violence, majority of interviewed women and men professionals did not have these dilemmas. Majority of them state that reporting of violence against children is mandatory, but without referring to violence between partners witnessed by children.

Based on this, it can be concluded that there is not enough knowledge and understanding on ways to recognize forms of violence, harmful consequence of violence, and fear of women when reporting violence. Additionally, by analyzing responses of women and men professionals, it is not completely clear whether and in which situations women and men professionals in the chain of protection are communicating among themselves in relation to

cases when women victims do not want to report violence and a woman and men professional | 34 is obliged to report it. Cooperation and communication between women and men professionals should remove these dilemmas and should empower them to act in the best interests of the victims of violence.

Recommendations:

­ To use targeted trainings/educations to resolve attitudes and dilemmas about the obligations of women and men professionals that are having contacts with victims of all forms of violence to report violence, in relation to the obligation of confidentiality and professional secrecy. ­ If there is a clear system for referring the victim within the system, to inform the women and men professionals about it continuously. If there is no system, to develop and promote referral systems between the subjects of protection at the local level of Banja Luka and Sarajevo.