CCPR/C/BIH/CO/1
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The State party should harmonize the quota system of the Election Law
with the requirements of the Gender Equality Law and take special measures in
addition to statutory quotas to enhance the representation of women in all
legislative and executive bodies.
12.
The Committee is concerned about the reported lack of implementation of the
State and Entity laws on protection against domestic violence, underreporting, lenient
sentences for perpetrators and inadequate assistance for victims of acts of domestic
violence in both Entities. (arts. 3 and 7)
The State party should ensure the effective implementation of the
legislation to combat domestic violence, intensify the training provided to judges,
prosecutors and law enforcement officers on the application of such legislation, as
well as to hospital and other staff working with victims of domestic violence and
child abuse, introduce standard procedures for the collection of medical evidence
of domestic violence, and enhance victim assistance programmes and access to
effective remedies.
13.
The Committee expresses concern about the underfunding of district and cantonal
courts dealing with war crimes cases and the unsatisfactory implementation of witness
protection legislation at the Entity level. (arts. 6, 7 and 14)
The State party should allocate sufficient funds and human resources to the
district and cantonal courts trying war crimes and ensure the effective application of
the State and Entity Laws on Protection of Witnesses.
14.
The Committee notes with concern that the fate and whereabouts of some 15,000
persons who went missing during the armed conflict (1992 to 1995) remain unresolved. It
reminds the State party that the family members of missing persons have the right to be
informed about the fate of their relatives, and that failure to investigate the cause and
circumstances of death, as well as to provide information relating to the burial sites, of
missing persons increases uncertainty and, therefore, suffering inflicted to family members
and may amount to a violation of article 7 of the Covenant. (arts. 2(3), 6 and 7)
The State party should take immediate and effective steps to investigate all
unresolved cases of missing persons and ensure without delay that the Institute for
Missing Persons becomes fully operational, in accordance with the Constitutional
Court’s decision of 13 August 2005. It should ensure that the central database of
missing persons is finalized and accurate, that the Fund for Support to Families of
Missing Persons is secured and that payments to families commence as soon as possible.
15.
The Committee notes with concern that, under the Federation Law on Basics of Social
Care, Protection of Civil Victims of War and Protection of Families with Children, torture
victims, with the exception of victims of rape and sexual violence, must prove at least
60 per cent of bodily harm in order to be recognized as civilian victims of war, and that this
requirement may exclude victims of mental torture from personal disability benefits. The
Committee is also concerned that personal disability benefits received by civilian victims of
war are significantly lower than those received by war veterans in both Entities. (arts. 2, 7
and 26)