CCPR/C/BIH/CO/1
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7.
The Committee welcomes the State party’s reform of its criminal law and judicial
system, in particular:
(a) The adoption of a Law on the Protection from Family Violence providing
for a range of protective measures and the fact that domestic violence and trafficking in
persons have been established as discrete crimes in the State and Entity Criminal Codes;
(b) The adoption of State and Entity Laws on Protection of Witnesses; and
(c) The establishment of a War Crimes Chamber at the Court of Bosnia and
Herzegovina vested with competence to deal with war crimes cases transferred to it from the
International Criminal Tribunal for the Former Yugoslavia, and of a State Investigation and
Protection Agency within the Ministry of Security to enhance cooperation of the police with
war crimes prosecutors.
C.
Principal subjects of concern and recommendations
8.
The Committee is concerned that after the rejection of the relevant constitutional
amendment on 26 April 2006, the State Constitution and Election Law continue to exclude
“Others,” i.e. persons not belonging to one of the State party’s “constituent peoples”
(Bosniaks, Croats and Serbs), from being elected to the House of Peoples and to the tripartite
Presidency of Bosnia and Herzegovina. (arts. 2, 25 and 26)
The State party should reopen talks on the constitutional reform in a transparent
process and on a wide participatory basis, including all stakeholders, with a view to
adopting an electoral system that guarantees equal enjoyment of the rights under article
25 of the Covenant to all citizens irrespective of ethnicity.
9.
The Committee is concerned that the Covenant has not been translated into the
official languages of Bosnia and Herzegovina and that judges, prosecutors and lawyers are
not fully aware of the direct applicability of the provisions of the Covenant. (art. 2)
The State party should give wide publicity to the provisions of the Covenant,
inter alia, by translating it into the official languages of Bosnia and Herzegovina and by
improving training provided to judges, prosecutors and lawyers on the application of
the Covenant.
10.
The Committee regrets the failure to adopt an appropriate law on the establishment of
a Committee for Truth and Reconciliation, as well as of other initiatives to promote
reconciliation. (art. 2)
The State party should intensify its efforts to adopt a systematic approach to reestablishing mutual trust between different ethnic groups and accounting for past
human rights abuses.
11.
The Committee notes with concern that, despite the introduction of quotas in the
Election Law of Bosnia and Herzegovina requiring political parties to nominate at least
30 per cent women candidates, women are still under-represented in legislative and executive
bodies at all levels. (art. 3 and 25 (c))