A/HRC/25/49/Add.1
only the recognized national minorities but also those not desiring to identify themselves
with any single constituent people or national minority, such as children of mixed descent
or those self-identifying as Bosnians. The latter, who try consciously to prevent imposed
ethnic affiliations from superseding all other aspects of their identity, remain discriminated
against, invisible in law and ignored in practice. The “others” simply do not enjoy genuine
equality with other citizens of Bosnia and Herzegovina.
22.
This framework, which overemphasizes national/ethnic and religious affiliations,
has been used by some actors to pursue ethno-nationalistic agendas, to promote the false
notion of hermetically sealed communities and to conduct segregation policies. Arguments
based on the need to preserve and promote culture and to respect cultural rights are
advanced to justify these divisions, and are especially worrying.
23.
This is even more worrisome in the case of language. Each population speaks a
separate although closely related language: Bosnian, Croatian or Serbian. These languages
are mutually intelligible in most respects; indeed, before the war, they were collectively
categorized as Serbo-Croatian. Serbian uses Cyrillic, one of two official alphabets. The
insistence today by many actors on emphasizing and reinforcing the differences between
these three languages, coupled with rhetoric on the right of each person to learn his or her
mother tongue, is used to justify a segregated school system.
24.
According to many interlocutors, the ethno-nationalist narratives of political leaders
dominate the media. Frustration was expressed across the board that positive efforts are
being blocked by senior decision-makers and politicians. A general assessment widely
shared by interlocutors was that the political situation has been deteriorating since 20052006, and that every issue, in particular in the field of culture and education, has become
politicized. One positive trend, however, is that people have asked the judicial system to
step in, for example regarding the “two-schools-one-roof” system. Unfortunately, these
court decisions remain unimplemented.
25.
The Special Rapporteur underlines that the assistance of the international
community has also had an impact on perceived identities, bringing with it the use of such
terms as “ethnic groups” or “multiculturalism”, which are seen by many as imported
language satisfying the human rights “industry”. The notion of “ethnicity” carries with it
the idea that a group of people share specific physical features, which is not the case in
Bosnia and Herzegovina: constituent people mainly guess the affiliations of others by
asking their names.
III. Normative and institutional framework
A.
International framework
26.
Bosnia and Herzegovina is a party to United Nations instruments protecting cultural
rights, including the two international covenants on human rights. It is also a party to
important conventions of the United Nations Educational, Scientific and Cultural
Organization (UNESCO), such as the Convention for the Protection of Cultural Property in
the Event of Armed Conflict, the Convention concerning the Protection of the World
Cultural and Natural Heritage, the Convention for the Safeguarding of the Intangible
Cultural Heritage and the Convention on the Protection and Promotion of the Diversity of
Cultural Expressions. The country has two sites on the World Heritage List.
27.
Bosnia and Herzegovina is also a party to a number of cultural rights-related
European treaties, in particular the European Convention for the Protection of Human
Rights and Fundamental Freedoms and the Protocols thereto, the Framework Convention
7