A/HRC/22/49/Add.1 preclude the possibility of appointing an ombudsman from the ranks of ‗others‘‖.2 The law is unclear as to how someone from this category might secure a role as Ombudsman and whether a fourth Ombudsman might be appointed. 17. Despite the creation of a department for national minorities, the Ombudsmen stated that few cases—only nine in 2011—were received relating to minorities. They acknowledged that the actual number of issues involving minorities, and in particular Roma, is much higher. The department‘s activities are restricted by staffing and finance limitations and it is reactive rather than proactive in its work. The Ombudspersons highlighted that a more proactive approach would allow for greater promotion of minority rights, awareness-raising activities and consultations. Recent budget cuts threaten to further restrict the Ombudsman institution‘s ability to fully implement its mandate. 18. The Government highlighted the 2010 amendments to the national Criminal Code, which, inter alia, introduced the criminal offence of ―provoking ethnic, racial and religious hatred, conflicts and intolerance‖, punishable by a prison sentence of up to three years. The criminal codes of the Federation of Bosnia and Herzegovina (art. 163), the Republika Srpska (art. 390) and the Brčko District (art. 160) also have provisions defining such acts as criminal offences.3 Census and statistics 19. A new census is due to be held in April 2013. The previous census was conducted in 1991 just prior to the war, which had a massive and lasting impact on all population groups and their distribution and numbers within the country. Huge population movements took place, both forced and voluntary, and many persons became internally displaced or left the country permanently or temporarily—an estimated two million people were displaced by the conflict. There is a lack of accurate data on the number of persons who have permanently returned to their pre-war homes, and the demographic picture of many localities has changed considerably. 20. Nevertheless, consultations suggest that in the absence of recent, reliable data, the 1991 census data continues to be used and to affect and influence aspects of policy, programmes and political life in Bosnia and Herzegovina. A significant challenge therefore exists due to the current lack of accurate statistical data on the number and socioeconomic situation of minorities and returnees. Government and civil society actors have acknowledged that the 1991 census included inaccurate data for some groups, for example significantly undercounting the Roma population, many of whom identified as Yugoslav. 21. The Independent Expert stressed the importance of the upcoming census and urged that delays be avoided. Civil society organizations have protested that some proposed questions relating to ethnicity and religion distort or lead to preconditioned responses due to the nature of the questions and the answer options. They stress the need not to restrict respondents‘ answers, for example by allowing them to identify only as one of three constituent peoples or ―other‖ in response to a question relating to nationality. European standards require questions on ethnicity and religion to be optional and not to include predefined responses, allowing free and open declaration. 22. Civil society groups stressed that, to produce accurate results, the census needed to include methodologies and processes that encourage individuals to freely and correctly identify themselves, particularly in the post-conflict environment where ethnic and religious 2 3 Law on Amendments to the Law on Ombudsman for Human Rights in Bosnia and Herzegovina. Replies of Bosnia and Herzegovina to the list of issues relating to its second periodic report under the International Covenant on Civil and Political Rights (CCPR/C/BIH/Q/2/Add.1), para. 57. 7