A/HRC/25/49/Add.1 16. All persons falling outside the “constituent peoples” categories are classified as “others” in the Dayton Agreement. This classification is problematic. In addition to the 17 recognized national minorities, it includes other national, ethnic, religious and linguistic groups, as well as persons of mixed descent who do not self-identify as one particular ethnic group, and those who identify themselves as Bosnian. 17. Tensions over identity issues delayed the latest census of population and households, which was finally conducted in October 2013 as the first post-war census; the full results of the census will be published in 2014. The authorities should be congratulated for this important achievement, as it will enable the country to attain a better understanding of the impact of the war on all population groups and their distribution and numbers within the country, which has undergone significant changes since the war. 18. During the Special Rapporteur’s visit, the questionnaire envisaged for the census was being discussed, regarding in particular the identification of national/ethnic and religious backgrounds. The Special Rapporteur is pleased to note that, in the questionnaire used for the census, national/ethnic identity has not been fused with religious identity, and that persons were not required to declare their affiliations. Semi-open questions on national/ethnic affiliation, religious affiliation and mother tongue allowed for a variety of responses beyond Bosniak, Croat and Serb.6 C. Over-emphasis on ethnic, linguistic and religious affiliations 19. Many international and European human rights mechanisms have expressed serious concern regarding the over-emphasis on ethnic, religious and linguistic affiliations in the country’s constitutional and legislative framework, as well as in policies applicable at the various levels of the State and entities.7 20. Ethnicity, religion and language have become prominent group markers and dividing lines in society, accentuated by the conflict and perpetuated through the Dayton Agreement, which divided the country largely along ethnic, religious and linguistic lines. De facto impediments to freedom of movement resulting from, for example, the fragmented system of administration and education, obstruct interaction between people and deepen mistrust between communities. Such divisions constitute a serious obstacle to social cohesion, and are conducive to violations of cultural rights, in particular, the right of each person to manifest her/his own identity, to participate (or not) in particular aspects of cultural life, and to have access to one’s own cultural heritage, as well as that of others. Artificial boundaries have been created between peoples, and are being entrenched. 21. The hierarchy established between constituent peoples and others is not compatible with human rights standards, including in particular the principle of non-discrimination.8 As noted by the European Commission against Racism and Intolerance, the emphasis placed in law and in practice on ensuring the full enjoyment of rights by persons belonging to one of the constituent peoples has placed all others at a serious disadvantage. This includes not 6 7 8 6 See www.popis2013.ba/index.php/en/forms.html. See CCPR/C/BIH/CO/2 and A/HRC/22/49/Add.1. See also Council of Europe Advisory Committee on the Framework Convention for the Protection of National Minorities, Second Opinion on Bosnia and Herzegovina, 2008 (available from www.coe.int/t/dghl/monitoring/minorities/3_fcnmdocs/PDF_2nd_OP_BiH_en.pdf), paras. 15, 16 and 120, and European Commission against Racism and Intolerance (ECRI), Report on Bosnia and Herzegovina, 2011 (available from www.coe.int/t/dghl/monitoring/ecri/country-bycountry/bosnia_herzegovina/BIH-CBC-IV-2011-002-ENG.pdf), para. 141. CCPR/C/BIH/CO/2, para. 6.