Human Rights Protection in the Countries of the Western Balkans:

Normative Challenges and Institutional Legacies

Bosnia andHerzegovina

Nina ŠeremetNina Šeremet, YIHR , YIHR BHBH

, ?Quo vadis B&H , ?Quo vadis B&H acceded to the Council of Europe on 24

April 2002 ECHR as integral part of Constitution

of BiH almost every politician and political option is in favor of protection of

HR heading to the EU integration , still strong impact of international

community

: Article II Human Rights and Fundamental

Freedoms ... shall ensure the highest level of

internationally recognized human rights and fundamental freedoms

International Standards. The rights and freedoms set forth in the European Convention for the Protection of Human Rights and Fundamental Freedoms and its Protocols shall apply directly in Bosnia and Herzegovina. These shall have priority over all other law.

- I Legislation legal framework is de iure harmonized with

the international human rights standards. has signed and ratified and/ or most took

over by succession applying the basic principles of the

multilateral international instruments such as conventions, charters and covenants of the U nited Nations and the Council of Europe,

1. Annex of the Constitution Protocol No.12 to the ECHR

ECtHR considered the Sejdic-Finci vs. BiH case and on December 22, 2009 took decision no: 27996/06 and 34836/06, repeatedly stressing that the Constitution and Election Law still exclude „the others“, i.e. persons not belonging to any of „constitutive peoples“ of member-state (the Bosniaks, the Croats and the Serbs),

disables election of „the others“ in three-members Presidency and the House of Peoples of the Parliamentary Assembly of BiH.

: grave concern provisions of the Constitution BiH and Election Law . are still unchanged

due to the lack of political consensus on the content of the constitutional reform, no

agreement has been reached on the necessary constitutional reforms

- even it is needed for achieveing post war - . justice and inter ethnic reconciliation

1992. no census since

II – Institutions a number of institutions that are mandated to

promote, enhance and protect human rights, at the state level and/or at the Entity level.

Human Rights Ombudsmen Institution Gender Equality Agency Commission of the Constitutional Court of Bosnia and

Herzegovina, Ministry of Human Rights and Refugees other *

*The Joint Commission for Human Rights, Rights of the Child, the Youth, Immigration, Refugees, Asylum and Ethics of the Bosnia and Herzegovina Parliamentary Assembly.

1. the complex constitutional structure,

complex, multi-layered political and institutional structure constitutes an additional impediment.

2. non-enforcement of domestic judicial decisions, and

3. the lack of harmonisation of legislation.

I t takes time to develop culture of respect for human rights and to establish institutions

and procedures C ircumstances which can delay necessary

: , , reforms war political strives economic crises – serve as excuses

Victims in desparate need for justice and freedom

D ... ue to persistent polarisation between different

ethnic groups in Bosnia and Herzegovina, the observed rise of nationalistic

rhetoric, the current difficult financial situation

stagnation of the protection of human rights in Bosnia and Herzegovina.

1. : civil and political rights 1.8152. economic, social and cultural rights: 7353. rights of persons with disabilities: 864. rights of national religious and other

Minorities: 95. rights of detainees/prisoners: 1216. rights of the child: 1107. elimination of all forms of

discrimination: 191

A . 6, 1 rt ECHR the judiciary is independent – every person

has a statutory right to seek redress in the court when his/her rights are violated.

alleged lengthiness of procedures, (case load according to Decisions of Human Rights

Court in Strasbourg inacceptable), frequent abolishment of the first instance decisions by

the second instances and referring the cases for reconsideration.

non existence of equal treatment of all cases dealt by judicial system,

Slowness of judicial system is particularly concerning in the cases of recognition of civil victim of war,

a couple of thousands lawsuits for right to exercise war victim status that are still not processed,

limited exercise of victim's rights.

non-enforcement of domestic judicial decisions: pending cases

serious issue concerning the efficiency of the justice system, paying particular attention to the . right to fair trial

Adopting the Law on Prohibition of Discrimination, 2009: created a legal framework for protection of persons subject to discrimination

repeated practice that BiH legislation is adopted easily, while there lacks effective measures for its application

very low level of legal practice significantly impacts on effective application of the Law and decreases possibilities of carrying out the legally determined obligations.

not enough effective measures taken which would to ensure permanent training of competent person, particularly in administration, to recognize discrimination.

P , ersisting discrimination toward returnees N o affirmative actions undertaken toward persons with

, dissabilities I , ntolerance toward LGBT population P , resent public manifestation of hate speech W - , ide spread discrimination in public schools M , onoethnich and divided educational system no

, , common core curriculum P articular importance of history teaching has not been

, taken into account

Post war justice andreconciliation significance of justice for inter-

ethnic reconciliation and peace between ethnic lines but in the region

cannot be achieved without justice**Justice is not only retributive, in the sense that it is aimed to punish through fair

proceedings those who have committed gross human rights violations and serious violations of international humanitarian law. It is also, or above all, preventive, aiming to ensure that all people in the region come to terms with the past, and live in peace in a cohesive, pluralist democratic society.

Justice means, moreover, provision of adequate, effective and proportionate reparation to comfort and heal the wounds of all victims of the war without any distinction.

T he process can reach its fruition only when/ : if

dichotomies of the past are left behind countrys leadership proceeds in determined

manner toward the building of a country and demonstrates eagerness to build it so that

reflects its multiethnic richness country demonstrates full respect and

protection of human rights to all constitutent elements of the population with

no discrimination capacities of young people – leaders of

. changes are strenhghtened

? What are we ? What are we doingdoing

Dealing with the past Teaching young people in area

of citizens freedoms and activism

Conducting inter-ethnic dialogue

Working with isolated and segregated communities

Example 1: Example 1: SSrebrenica-mapping genociderebrenica-mapping genocide

FAMA Team, author Suada Kapic

www.srebrenica-mappinggenocide.com

220 min in 17 maps of chronology of genocide from 6-19 July 1995 in Srebrenica in new genre “documented animation”

Presentation in Serbia, Croatia, Monte Negro, BH

Universal educational model model

TRAILER:

Example Example 22: : Dealing with the difficult past Dealing with the difficult past –– Trans European Trans European

experienceexperience

Jasenovac Vukovar Donja Gradina Kozara Prijedor Keraterm Omarska Sarajevo ...

ExampleExample 3: 3: - Prosecuting war crimes - Prosecuting war crimes

Transitional j Transitional juusticestice

MostarBihaćTravnikTuzlaSarajevo

Example 4: Example 4: Youth for JusticeYouth for Justice

Universities in Sarajevo, East Sarajevo, Mostar and Banja Luka

EDUCATION – GATHERING-ADVOCACY

Harmonization of law regulations and procedures

Equal law practice Issue of free legal aid Education of young law yers Transparency of judiciary

institutions

ExampleExample 5: 5: School of civil liberties and activismSchool of civil liberties and activism

Summer 3-weeks long school Over 20 lecturers and over 20

participants from all over BH TOPICS:- Transitional justice- Inter-ethnic dialogue- Segregation and discrimination- Civil and political rights

Example 6: Example 6: Anti-discriminationAnti-discrimination!!

Education of youth in area of implementation of the Law on prohibition of discrimination

Workshops conducted all over BiH Reactions on hate speech and

discrimination in BH Networking the students from the

Law, Journalism, Psychology and Political Sciences all over BH

Organizing street actions with the purpose to raise awareness about discrimination

Example7: Example7: 7305 days of blockade?7305 days of blockade?

Commemoration of anniversary of Siege of Sarajevo

Painting Sarajevo Roses Gathering at the bridge of Suada

Dilberovi ć and Olga Sučić Citizens participation in street

actions Gathering younger generations Media campaigning Regional cooperation on project

implementation

Example 8: Example 8: Days of Sarajevo in BelgradeDays of Sarajevo in Belgrade

Tribute to Siege of Sarajevo in Belgrade

Cultural manifestation Panel discussion on current

sensitive topics ( including the)political

Theatre/concerts/documentary movies/exhibitions/book promotions

Youth exchange

Example Example 99: : Sarajevo Film Festival Sarajevo Film Festival –– D Doo ( cu Corner and other ( cu Corner and other

)cultural programs )cultural programs Cooperation with Sarajevo Film

Festival (SFF) Participation of youth from all

over BH and region Participation at documentary

movies screenings Organization of open debates at

DocuCorner within SFF Participation in other cultural

manifestations such as Pravo Ljudski Festival, International Thetre Festival MESS

ExampleExample 10: 10: ... Activists visits ... Activists visits

Commemoration and visits to the sites of consciences with youth from the region (Tuzla, Sarajevo, Srebrenica, Višegrad)

Organizing the youth camps in partnership with local organizations (Srebrenica, Kozarac)

March of remembrance Beograd-Tuzla

! THANK YOU ! THANK YOU , NINA ŠEREMET programme coordinator

nina.seremet@ .yihr org

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