A/HRC/22/49/Add.1
Covenant on Economic, Social and Cultural Rights and the International Convention on the
Elimination of All Forms of Racial Discrimination.
12.
The national Law on the Prevention of All Forms of Discrimination entered into
force in August 2009. The law is applicable to all public bodies at the State, entity and
canton levels and in Brčko District, and to municipal institutions.1 The list of protected
grounds is comprehensive and includes race, skin colour, language, religion, ethnic
affiliation, national or social origin, connection to a national minority and ―every other
circumstance‖. The national Law on Religious Freedom prohibits any form of
discrimination against any religious community and regulates the licensing and legal status
of religious groups and places of worship.
13.
The 2003 State Law on the Protection of the Rights of Persons Belonging to
National Minorities includes provisions for the protection of the cultural, religious,
education, social, economic and political rights of national minorities. It names 17 minority
groups (see para. 4 above), however it is not restrictive and article 3 states that ―a national
minority … shall be a part of the population-citizens of BiH that does not belong to any of
three constituent peoples and it shall include people of the same or similar tradition,
customs, religion, language, culture and spirituality and close or related history and other
characteristics‖. The law established the State-level Council of National Minorities—an
advisory body to the Parliamentary Assembly—which took up its functions in 2008. In
2004 the Republika Srpska adopted an entity-level law on protection of the rights of
national minorities and the Federation adopted its own legislation in 2008. Both entities
established their own Council of National Minorities—the Republika Srpska in 2007 and
the Federation in 2009.
14.
The State-level Council of National Minorities currently has 12 members from
different minority groups; the current Chair is from the Roma community. The Council
represents the interests of all national minorities. Members are nominated by NGOs and
minority associations following a public call. A new public call for nominations from
unrepresented minority groups was made in November 2011, and the intention is that all
minorities will be represented. Members have expressed frustration over delays to the
appointment of new members, which they suggested were caused by political parties
favouring their own party members for appointment to the Council. The potential to expand
the Council exists, and additional groups, including Austrians, Bulgarians and Greeks, have
been approved for membership.
15.
Council members stated that, although it is an advisory and consultative body, the
Council does not have direct access to the Parliamentary Assembly; rather, its reports and
opinions are first vetted by the Human Rights Committee of the Assembly. The Council
recommends that more defined duties and powers be accorded to it in order to enable it to
have real impact and ensure that it is not a symbolic body. It had submitted opinions and
recommendations for implementing the Sejdić and Finci judgement (see para. 27 below),
but was informed that it was not competent to suggest Constitutional amendments.
Members emphasized the need to build the capacity of the Council, since members often
lack political or advisory experience.
16.
Like the State Presidency, the institution of the Human Rights Ombudsman, created
by law in 2004, is a tripartite body of three Ombudspersons, one from each constituent
people. The law establishing the institution, as amended in 2006, states that: ―Ombudsmen
shall be appointed from the ranks of the three constituent peoples … which does not
1
6
European Commission against Racism and Intolerance, ―ECRI Report on Bosnia and Herzegovina
(fourth monitoring cycle)‖ (8 February 2011), p. 20.