The plan is also to develop a 2016-2021 Anti-Discrimination Strategy of Bosnia and
Herzegovina.
Recommendation (81)
- In terms of improving the situation of national minorities and ‘Others’, and the full
implementation of the Law on the Protection of National Minorities of Bosnia and Herzegovina,
activities are ongoing on amendments to the Law on the Protection of National Minorities of
Bosnia and Herzegovina. Article 3 of the Law on the Protection of National Minorities (Official
Gazette of BiH, No. 12/03, 76/05 and 93/08) defines the concept and lists national minorities in
Bosnia and Herzegovina. The 1991 Population Census in BiH was used as the basis for the
introduction of listed national minorities into the Law, as well as the establishment of the most
recent National Minorities Council of Bosnia and Herzegovina in 2013, gathering representatives
of 17 national minorities recognised under the Law. Lately, in the implementation of the Law,
there has been debate over interpretation of Article 3, paragraph (2) of the Law. Namely, based
on these provisions, a certain number of new officially registered associations of national
minorities in Bosnia and Herzegovina is asking for their inclusion in legislation (such as
Austrians, Bulgarians, Greeks and Palestinians) and a more precise definition of the term
‘national minorities’ in the Law. There is a particular emphasis on controversial enforcement of
Article 21, which regulates the involvement in the National Minorities Council, as the body of the
Parliamentary Assembly of BiH, for associations of national minorities that are not specifically
listed under the Law. Such changes in the Law are also needed to implement the
recommendations of the Committee of Ministers of the Council of Europe outlined in Resolution
CM/ResCMN (2015)5 on the application of the Framework Convention for the Protection of
National Minorities in Bosnia and Herzegovina, adopted by the Committee of Ministers on 12
May 2015 as well as recommendations under international documents of the United Nations.
A proposal of the ‘Strategic Platform to Address the Issues of National Minorities in Bosnia and
Herzegovina’ has also been prepared, as a document identifying relevant spheres of life and
issues of national minorities and defining concrete steps aimed to improve their overall social
status. We are currently awaiting the approval of the Government of the Republika Srpska, and
adoption by the Council of Ministers of Bosnia and Herzegovina, once all positive opinions on
the document had been submitted.
Bosna and Herzegovina ratified the European Charter for Regional or Minority Languages
(2010), as a post-accession commitment towards the Council of Europe. In this regard, Bosnia
and Herzegovina will carry out a needs assessment of national minorities after the Census in
areas/towns populated by members of national minorities traditionally or in substantial numbers.
This needs assessment will concern the use of minority languages in relations with the judicial,
administrative bodies and the need for education in the languages of certain ethnic minorities in
Bosnia and Herzegovina. In July 2015, Bosnia and Herzegovina adopted the Second Report of
Bosnia and Herzegovina on the implementation of measures and principles established by the
European Charter for Regional or Minority Languages and forwarded it to the Council of Europe.
In early 2016, field visits were also carried out (Sarajevo and Banja Luka) by the Committee of
Experts of the Council of Europe, in charge of monitoring the implementation of the Charter. In
February 2016, the Committee of Experts adopted also the Report on Bosnia and Herzegovina on
18 March 2016 at its 53rd meeting, and specifically defined the following five priorities:
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