A/HRC/22/49/Add.1
requesting Bosniak language teaching, they were informed that it would not be possible.
Serb returnees in Ortijes and Laksevine noted that their children follow a Croatian
curriculum but that teachers were sensitive to their issues and needs.
75.
In April 2012 the Mostar Municipal Court ruled that the two-schools-under-one-roof
system operating in the towns of Stolac and Capljina was illegal and counter to nondiscrimination laws. The court ruled that classes in affected schools should be merged by
the beginning of the school year (September 2012). The ruling was not complied with.
However, the Ministry of Education of the Federation has outlined a plan to end
segregation over two years, from September 2012. Nevertheless, strong political resistance
from local officials to unification and multi-ethnic classes remains at the canton and
municipal levels, which many consider is likely to hamper progress.
76.
The Independent Expert visited the Mostar Grammar School or ―Gymnasium‖,
which, while operating as two schools under one roof for Bosniak and Croat pupils, has
made steps towards integration while remaining largely segregated in practice. Progress in
this school has included its unification into one legal entity, with a single administrative
structure and pupils who attend some classes together. The school principal highlighted that
separate Bosniak and Croat curricula hamper unification efforts, but that political rather
than pedagogical or language factors present the greatest challenges to full integration.
77.
Religious education is taught in public schools, but often covers only the majority
religion of the municipality. Despite legal requirements linked to student numbers, religious
minorities frequently do not have the option to attend classes in their own religion due to a
lack of teachers or failure to apply the law. Few provisions, such as the recruitment of
additional religious teachers, have been implemented in the Federation or the Republika
Srpska. While religious education classes are theoretically optional, children who do not
attend such classes because they belong to a different faith or no faith are penalized
academically; consequently, there is a discriminatory impact.
VIII. Conclusions and recommendations
General recommendations
78.
Political divisions and the ethnicization of politics in Bosnia and Herzegovina
blocks progress in several areas where political reform is required and perpetuates
existing national, ethnic, religious and linguistic divisions. While the General
Framework Agreement for Peace in Bosnia and Herzegovina (Dayton Agreement)
established discriminatory provisions, ethnically biased political agendas and a
prioritization of party and ethnic interests over the interests of all citizens has
perpetuated a polarized and adversarial political environment which is not conducive
to reform or the full protection and promotion of minority rights in practice.
79.
The highly decentralized governance structures create inconsistencies of
approach and legal protection of minorities and concerns relating to powers and
responsibilities in key areas of minority concern. The Independent Expert on minority
issues emphasizes that all levels of government must fully comply with national and
international law relevant to minorities, and urges an increase in efforts to harmonize
approaches and political cooperation to ensure the implementation of minority rights.
80.
The adoption of the Law on the Prevention of All Forms of Discrimination and
the laws on the protection of the rights of persons belonging to national minorities at
the State and entity levels are positive steps. However, while these laws are relatively
new, implementation in practice remains poor at all levels. The prevailing perception
of minorities and returnee communities is that, while the laws meet international
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