A/HRC/25/49/Add.1 vote. A number of cantonal constitutions have further delegated the responsibility for adopting cultural policies to municipalities.10 33. The Constitution of Republika Srpska contains important provisions relating to freedom of cultural and artistic creation (art. 27) and expressing national affiliation and culture (art. 34). The Constitution makes it clear that cultural heritage is an issue of general interest to Republika Srpska and that the protection, preservation, use, improvement and management of cultural heritage are regulated by special laws. 2. Relevant laws and policies 34. The 2003 State law on national minorities was praised by representatives of minorities, who did complain, however, about its poor implementation. A strategy and a plan of action for Roma have also been adopted.11 35. In 2008, the Council of Ministers adopted a strategy on cultural policy in Bosnia and Herzegovina12 and a plan of action for its realization in 2011. According to interlocutors, the strategy is not operational and should be given a boost. The entities have adopted their own cultural policy strategies, for 2010-2020 (Federation of Bosnia and Herzegovina) and 2010-2015 (Republika Srpska). 36. Debates are ongoing regarding the adoption of a framework law on culture, both at the level of State and of the Federation of Bosnia and Herzegovina. To date, however, such legislation has not been adopted. A number of cantons have adopted a law on culture. IV. Realizing cultural rights in Bosnia and Herzegovina: specific issues A. A segregated school system 37. A number of international and European human rights mechanisms have expressed deep concern regarding the segregated school system established in Bosnia and Herzegovina, operating through both the “two-schools-under-one-roof” system and monoethnic schools.13 The issue, therefore, is not new, and the authorities are fully aware of its depth. No reform has, however, been possible, owing to the inability of the fragmented governmental system to take action, the politicization of education issues and the mistrust between communities. The over-emphasizing of cultural differences, including linguistic differences, is used to justify practices that enforce the segregation of students based on ethno-national affiliation. The Special Rapporteur stresses that this is a serious misinterpretation of cultural rights, which must not be used under any circumstances to justify segregation policies. 10 11 12 13 Ibid. See A/HRC/22/49/Add.1. See MDG Achievement Fund, Improving Cultural Understanding in Bosnia and Herzegovina, June 2012, at www.mdgfund.org/program/improvingculturalunderstandingbosniaandherzegovina. See A/HRC/22/49/Add.1, paras. 98-101, CRC/C/BIH/CO/2-4, paras. 29 and 30, CERD/C/BIH/CO/78 and E/C.12/BIH/CO/2, para. 33. See also the report of the Commissioner for Human Rights of the Council of Europe following his visit to Bosnia and Herzegovina on 27-30 November 2010, CommDH(2011)11, paras. 25-32 and 62-63; and Council of Europe Advisory Committee on the Framework Convention (see footnote 7), paras. 166-173. 9

Select target paragraph3