A/HRC/22/49/Add.1
Political participation
87.
National minorities and those within the category of ―others‖ must have equal
rights to stand for any government position. The judgement of the European Court of
Human Rights in the case of Sejdić and Finci v. Bosnia and Herzegovina is a landmark
decision for the rights of minorities, and constitutional reform is necessary to remove
discriminatory provisions. This should not be portrayed as a threat to peace or the
rights of any group, but as a positive, necessary process of change for a democratic
country seeking European Union membership.
88.
Efforts must be intensified to move beyond a political impasse and to
implement the Sejdić and Finci ruling in full consultation with minorities, the councils
of national minorities and other representative and consultative bodies, and the
international community, which has a valuable advisory role. The Independent Expert
notes her willingness to assist the Government and all relevant parties to achieve a
speedy and appropriate solution.
89.
The use of the term ―others‖ in the Constitution and electoral laws is
inappropriate and implies a lower status given to minorities and persons who identify
as Bosnian or not belonging to a constituent people. It is discriminatory in terms of
protection of rights, as demonstrated by provisions that exclude ―others‖ from
election to certain offices. Revision of the Constitution should replace this term in
favour of language in line with the Law on the Protection of the Rights of Persons
Belonging to National Minorities.
90.
Ensuring that minorities and returnees can participate effectively in political
life at the municipal, canton and entity levels remains a challenge. Even where they do
not meet the threshold for seats in municipal government, steps are required to ensure
that minorities and returnees have a voice in decisions concerning them and their
regions. Minority women are particularly poorly represented in political life and
measures are required to promote their participation.
The situation of the Roma minority
91.
While on paper Roma action plans in education, employment, health and
housing provide excellent aims and expected measures, the implementation of projects
has been insufficient to date, resulting in a lack of significant impact on the ground. A
heavy reliance on international funding and NGO implementation is evident. While
recognizing economic challenges facing the country, commitments must be matched
by national- and entity-level will, resources and concrete activities to implement
measures effectively.
92.
Coordinated and strategic approaches must be adopted that recognize the
interrelated nature of issues. For example, to be sustainable, progress in housing must
be matched by progress in employment and access to social assistance to ensure that
Roma can pay rent. In turn, real progress in employment relies heavily on improved
education access and outcomes. Adequate housing and security of tenure underpin all
efforts to improve education, employment and health outcomes for Roma
communities.
93.
Many Roma, including children, continue to lack the documentation they
require to fully enjoy their rights as citizens and to benefit from services and social
assistance. Full registration should be a high priority of authorities at all levels and
existing measures should be intensified. Registration should not entail prohibitive
costs or restrictive administrative burdens. Positive practices such as outreach to
communities and mobile registration units should be utilized and the full registration
of children should be a high priority.
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