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