| For a summary of Bosnia and Herzegovina’s review at the second cycle please click here. |
7th UPR session
Date of review: 17 February 2010
Date of report adoption: 17 March 2010
Document number: A/HRC/14/16
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SUMMARY SOGIESC issues during Bosnia and Herzegovina’s 1st UPR review |
I. SOGIESC issues/recommendations identified by NGOs
Equality and non-discrimination
16. The Informal UPR Coalition stated that discrimination was one of the most serious generators of human rights violations. Individuals were discriminated against on the grounds of their national, political and sexual orientation. The victims of discrimination were also members of “vulnerable” groups: persons with disabilities, national minorities, families of missing persons, victims of war elderly people, children, and returnees. Discrimination was demonstrated in some vital fields of life, such as employment, education, health and social care, pension rights. Only 0.8 per cent of working age returnees belonging to an ethnic group had employment. Furthermore, only 1.5 per cent of working age Roma had jobs.
Right to life, liberty and security of the person
25. According to The Informal UPR Coalition, there is an escalation of assaults on human rights defenders. The targets were campaigners for the rights of sexual minorities, activists engaged against human trafficking and NGOs activists investigating on corruption and crime. Assaults against and attempts to silence journalists seriously threaten freedom of expression. Family members of human rights activists are often targeted to create a sense of fear and to prevent any act of criticism. OSCE [Organization for Security and Co-operation in Europe] noted numerous incidents where Bosnia and Herzegovina refused to take appropriate action to prevent further victimisation of hate crimes and intolerance against non-heterosexual groups.
Right to privacy, marriage and family life
33. HRW [Human Rights Watch] expressed hope that the Government will commit to pass the anti-discrimination law, which includes the legalization of gay marriages, without any amendments. Joint Submission (JS) [Q and the Sexual Rights Initiative] also noted that Family laws of the FBiH and the RS defined marriage as the union between a man and a woman. This law had not been harmonized with the State Law on Gender Equality in Bosnia and Herzegovina, and it represented discrimination on the grounds of sexual orientation.
Freedom of expression, association and peaceful assembly and right to participate in public and political life
38. HRW expressed hope that the Government will commit to ensuring freedom of assembly and association for lesbian, gay, bisexual and transgender communities, and condemning unequivocally any attacks on these groups. JS recommended an investigation into the attacks during the Queer Sarajevo Festival in September 2008, in which hooligans and religious groups allegedly left a minimum of 8 persons physically injured.
II. Excerpts on SOGIESC issues from the national report
Gender Equality
56. BiH [Bosnia and Herzegovina] has established appropriate mechanisms to prevent discrimination based on sex by defining within the legal framework the right to equal treatment on the grounds of gender and sexual orientation of any person by his/her own choice. BiH established institutional mechanisms for gender equality in order to integrate gender concept in all laws, policies, strategies and program documents. The established gender mechanisms include the Agency for Gender Equality of BiH, the entity gender centers, the commissions for gender equality within the BiH Parliament and entities assemblies, and the commissions for gender equality in the cantons and municipalities. It is important to note that the institutional mechanisms for gender equality cooperate with NGOs in the implementation of the activities. Although the BiH Election Law provides for quotas for candidate lists, gender equality is not at a satisfactory level in the legislative and executive bodies.
III. Excerpts on SOGIESC issues by UN agencies
No references.
IV. References to SOGIESC issues during the Working Group review
36. Norway expressed concern about the Government’s lack of commitment with regard to ensuring freedom of assembly and association for the lesbian, gay, bisexual and transgender communities.
47. Netherlands […] referred to concerns raised by the reported escalation in the number of assaults on human rights defenders, with the targets reportedly being campaigners for the rights of sexual minorities, activists against human trafficking, and members of non-governmental organizations and journalists investigating corruption and crime, as well as their family members. Netherlands also cited its concerns about the discrimination faced by lesbian, gays, transgender and bisexual persons in practice and the fact that they were not treated equally under all laws.
51. Sweden noted that the first cultural festival for lesbian, gay, bisexual and transgender people had been held in September 2008. However, Sweden expressed concern at the violence that had taken place at the festival, while noting that there had been no official condemnation by the authorities and that no one had been indicted or prosecuted to date. Sweden asked the Government to provide details about the measures it was taking to ensure the full enjoyment of human rights, including freedom of assembly and association and of lesbian, gay, bisexual and transgender persons, as well as about whether it would be willing to condemn attacks on such persons. Sweden also asked the Government if it could comment about the process of legalizing gay marriages. Sweden also noted that the right to freedom of expression had not always been fully implemented and asked about the measures taken to ensure full respect for freedom of expression.
63. Regarding the recent events involving discrimination against sexual minorities, the Ministry of Human Rights and Refugees had been responding from the very beginning, seeking to ensure an effective end to any form of condemnation of differently oriented persons. Parliament would have to address the question of legalizing gay marriage. The law on the prohibition of discrimination set out an adequate approach to the prohibition of discrimination.
V. Conclusions and/or recommendations
Bosnia and Herzegovina accepted the following recommendations:
90.34. To guarantee for everyone effective protection against all discrimination based on sexual orientation or gender identity, and to publicly condemn all acts of violence connected with such discrimination and prosecute those responsible (Switzerland);
90.48. To take the measures necessary to combat discrimination based on sexual orientation or gender identity (France);
90.49. To express a strong commitment to protecting and advocating the fundamental human rights of members of the lesbian, gay, bisexual and transgender communities as equal citizens, in keeping with the country’s commitments to international conventions (Norway);
90.50. To take all the measures necessary to ensure full respect for existing legislation for lesbians, gays, transsexuals and bisexuals (Netherlands).
Bosnia and Herzegovina noted the following recommendations:
90.51. To amend laws that still contain provisions that discriminate against lesbians, gays, transsexuals and bisexuals (Netherlands).
VI. Further information
You will find all documents relating to Bosnia and Herzegovina’s first review at UPR-Info and OHCHR’s websites.