A/HRC/22/49/Add.1
identity have historically been sensitive. An accurate reflection of the Roma population is
considered particularly important due to the historic undercounting of Roma.
23.
The implications of the undercounting of any community may be considerable,
particularly in view of legislation allowing for the allocation of seats in municipal
governments for any minority with at least 3 per cent of the municipal population.
Similarly, employment in some public institutions is dependent on ethnic quotas based on
the size of the population in a locality.4 Accurate population statistics and detailed data
relating to socioeconomic situations disaggregated by ethnicity and gender are also
essential, in order to reveal problems facing particular communities and localities and to
facilitate policy, resource and programme responses.
24.
In 2007, a United Nations Development Programme (UNDP) report stated that 22
per cent of the populace experienced some form of extreme exclusion and 47 per cent were
at risk of long-term social exclusion. Groups such as minority returnees, Roma, the elderly,
youth, children, and people with disabilities were not only at the highest risk of income
poverty and unemployment, but also had far more difficulty gaining access to public
services and participating in political life. 5 While recent data on social inclusion is scarce,
NGOs consulted noted that the situation of social exclusion of certain groups, including
Roma and returnees, has not markedly improved.
IV. National minorities in Bosnia and Herzegovina
25.
The Independent Expert met with the State Council for National Minorities and the
Republika Srpska Council for National Minorities, as well as with several representatives of
minorities and civil society groups. It was broadly acknowledged that, with the exception of
the Roma minority, those belonging to the recognized national minorities are well
integrated into society and enjoy most of their civil, political, economic, social and cultural
rights in relative equality with others, both at the State and entity levels. Representatives
reported general satisfaction with the legal and institutional frameworks in place for the
protection of minority rights, but noted continuing problems relating to implementation of
laws in practice.
26.
Challenges were identified relating to the effective participation of minorities in
political life. Under the Constitution, ―others‖ are restricted from standing for election as a
member of the State Presidency or House of Peoples. Only constituent peoples are eligible
for election to such positions. The Constitution therefore discriminates against many
citizens, including those who identify as national minorities and who may have lived in
Bosnia and Herzegovina for generations. Under current constitutional provisions and
electoral laws only a Serb may run for the Presidency in the Republika Srpska and only a
Bosniak or Croat in the Federation, disenfranchising some minorities and constituent
peoples living in the entities.
27.
The current provisions contravene European and international non-discrimination
law, including the International Covenant on Civil and Political Rights and the International
Convention on the Elimination of All Forms of Racial Discrimination. In 2009, the
European Court of Human Rights issued a landmark judgment in Sejdić and Finci v. Bosnia
4
5
8
Human Rights Watch concerns and recommendations on Bosnia and Herzegovina, submitted to the
Human Rights Committee in advance of its second periodic review of Bosnia and Herzegovina
(2012), second page.
UNDP, National Human Development Report: Social Inclusion in Bosnia and Herzegovina (2007),
p. 9.