Bosnia and Herzegovina Page 1 of 7 Bosnia and Herzegovina International Religious Freedom Report 2007 Released by the Bureau of Democracy, Human Rights, and Labor The State Constitution of Bosnia and Herzegovina (BiH) and the entity Constitutions of the Federation of Bosnia and Herzegovina (the Federation) and the Republika Srpska (RS) provide for freedom of religion, and the Government generally respected this right in ethnically integrated areas or in areas where government officials are of the majority religion; the state-level Law on Religious Freedom also provides comprehensive rights to religious communities. However, local authorities sometimes restricted the right to worship of adherents of religious groups in areas where such persons are in the minority. Government protection of religious freedom declined, especially during the campaign period prior to the October 2006 national elections, due to selective legal enforcement and the indifference of some government officials. At the end of the period covered by this report, the Government was implementing the State Law on Religious Freedom to protect the rights of religious communities and create a government registry allowing them to establish legal status. Societal abuses and discrimination based on religious belief and practice persisted. Religious intolerance directly reflected ethnic intolerance because of the virtually indistinguishable identification of ethnicity with religious background. Discrimination against religious minorities occurred in nearly all parts of the country. In some communities local religious leaders and politicians contributed to intolerance and an increase in nationalism through public statements and sermons. A number of illegally constructed religious objects continued to cause ethnic/religious tension and conflict in various communities. Religious symbols were often misused for political purposes. The U.S. Government discusses religious freedom issues with the Government and leaders from the four traditional religious communities and emerging religious groups as part of its overall policy to promote human rights and reconciliation. The U.S. Embassy supported religious communities in their efforts to acquire permits for funeral and burial services and the building of new religious structures. The Embassy assisted religious communities' activities regarding restitution of property and also helped small religious groups to obtain legal registration of their churches in BiH. Section I. Religious Demography The country's territory is divided into two entities, the Federation of Bosnia and Herzegovina (the Federation) and the Republika Srpska (RS), with a separate administrative district in Brcko (Brcko District). The country has an area of 31,816 square miles and a population of 3.9 million. There were no reliable government statistics available on the membership of different religious groups. According to the U.N. Development Program's Human Development Report 2002, Muslims constitute 40 percent of the population, Serb Orthodox 31 percent, Roman Catholics 15 percent, Protestants 4 percent, and other groups 10 percent. Bosniaks are generally associated with Islam, Bosnian Croats with the Roman Catholic Church, and Bosnian Serbs with the Serb Orthodox Church. However, many persons who identify with a major ethnoreligious group are atheists or agnostics who do not regularly practice any religion. The Jewish community has approximately 1,000 believers and maintains a historic place in society by virtue of centuries of coexistence with other religious communities and its active role in mediating among those communities. The rate of religious observance is relatively low among the traditional religious groups; however, some areas of significantly greater observance exist, such as among Catholic Croats in the Herzegovina region and among Bosnian Muslims in Central Bosnia. For many Bosnian Muslims, religion often serves as a community or ethnic identifier, and religious practice is confined to occasional visits to the mosque or significant rites of passage such as birth, marriage, and death. Nevertheless, religious leaders from the Muslim, Catholic, and Orthodox communities claimed that all forms of observance were increasing among young persons as an expression of increased identification with their ethnic heritage, in large part due to the national religious revival that occurred as a result of the 1992-95 Bosnian war. Younger believers who grew up in the post-communist period also have more freedom to practice their religion and more access to religious http://www.state.gov/g/drl/rls/irf/2007/90167.htm 10/19/2007 Bosnia and Herzegovina Page 2 of 7 education. Leaders from the three largest religious communities observed that they enjoyed greater support from their believers in rural areas of Bosnia than from those in urban centers such as Sarajevo or Banja Luka. Ethnic cleansing during the 1992-95 war caused internal migration and refugee flows, which segregated the population into separate ethnoreligious areas. Increased levels of returns, which peaked in 2002, continued to slow significantly, leaving the majority of Serb Orthodox adherents living in the RS and the majority of Muslims and Catholics in the Federation. Within the Federation, distinct Muslim and Catholic majority areas remain. However, returns of Serb Orthodox adherents and Muslims in recent years to their prewar homes in western Bosnia and Muslims to their prewar homes in eastern Bosnia have shifted the ethnoreligious composition in both areas. For example, the prewar population of the eastern RS town of Bratunac was 64 percent Bosniak. In 1995 the population was almost completely Serb; in 2007, after the return of 6,500 Bosniaks, the population was 38 percent Bosniak. Similarly, in Prijedor Municipality in the RS, approximately half of the prewar Bosniak population of 49,500 returned, partially reversing the effects of ethnic cleansing. The number of Catholics returning to central Bosnia and the RS, as well as of Serbs returning to the Federation, was negligible. There are eight muftis (Islamic scholars) located in major municipalities: Sarajevo, Bihac, Travnik, Tuzla, Gorazde, Zenica, Mostar, and Banja Luka. The more conservative Islamic communities in Bosnia are located in towns such as Travnik, Bocinja/Zavidovici, Tesanj, Maglaj, Bugojno, and Zenica. The Catholic community maintains its Bishops' Conference as an overarching organizational and regional structure, with bishops residing in Mostar, Banja Luka, and Sarajevo; the Franciscan order maintains its strongest presence in central Bosnia near Sarajevo and in Herzegovina. The Serb Orthodox Church maintains its greatest influence in the RS, with the most influential bishops residing in Banja Luka, Trebinje, and Bijeljina. The Jewish community, like most other small religious groups in Bosnia, including Protestants, has its strongest membership in Sarajevo. There are several small Christian denominations throughout the country. Missionary activity is limited but growing. Some foreign missionaries preached forms of Islam that tend to be intolerant of other religions and other interpretations of Islam. Section II. Status of Religious Freedom Legal/Policy Framework The State Constitution provides for freedom of religion; however, respect for religious freedom declined due to selective legal enforcement and indifference of some government officials, which allowed societal violence and the threat of violence to restrict the ability to worship of adherents of religious groups in areas where they are in the minority. On October 16, 2006, the Ministry of Human Rights and Refugees issued instructions for implementation of the Law on Religious Freedom, which provides for freedom of religion, ensures legal status of churches and religious communities, and prohibits any form of discrimination against any religious community. The law also provides the basis for the establishment of relations between the state and religious communities. The State Constitution safeguards the rights of the three major ethnic groups (Bosniaks, Serbs, and Croats), and by extension the three largest religious communities, by providing proportional representation for each group in the government and in the armed forces. As a result of the governmental structure created by the Dayton Accords, parliamentary seats and most government positions are apportioned specifically to members of the three "constituent peoples." These stipulations often result in constitutional discrimination against "others" and sympathizers of certain religious communities that do not fit neatly into the three groups. During the period covered by this report, members of the Bosnian Jewish and the Romani communities filed separate lawsuits before the European Court of Human Rights to address this discrimination against those considered "others" by the State Constitution. Their claims were not addressed during the reporting period. Bosnia's state-level government does not officially recognize any religious holy days as an official holiday, and Parliament continued to disagree on a state law on national holidays. Entity and cantonal authorities routinely recognize religious holidays celebrated by members of the area's majority religion, with government and public offices closed on those days. In May 2007 the RS Constitutional Court overruled a Vital National Interest veto by Bosniaks in the RS Council of Peoples, thus enabling the RS National Assembly to pass the Law on Holidays in the RS,