Human Rights Protection in the Countries of the Western Balkans:Normative Challenges and Institutional LegaciesBosnia and HerzegovinaNina eremet, YIHR BH

Quo vadis, B&H?acceded to the Council of Europe on 24 April 2002ECHR as integral part of Constitution of BiH almost every politician and political option is in favor of protection of HR heading to the EU integration still, strong impact of international community

Article II: Human Rights and Fundamental Freedoms... shall ensure the highest level of internationally recognized human rights and fundamental freedomsInternational Standards.The rights and freedoms set forth in the European Convention for the Protection of Human Rights and Fundamental Freedoms and its Protocols shall apply directly in Bosnia and Herzegovina. These shall have priority over all other law.

I - Legislationlegal framework is de iure harmonized with the international human rights standards.has signed and ratified and/or most took over by succession applying the basic principles of the multilateral international instruments such as conventions, charters and covenants of the United Nations and the Council of Europe, Annex 1. of the Constitution Protocol No.12 to the ECHR

ECtHR considered the Sejdic-Finci vs. BiH case and on December 22, 2009 took decision no: 27996/06 and 34836/06, repeatedly stressing that the Constitution and Election Law still exclude the others, i.e. persons not belonging to any of constitutive peoples of member-state (the Bosniaks, the Croats and the Serbs), disables election of the others in three-members Presidency and the House of Peoples of the Parliamentary Assembly of BiH.

grave concern: provisions of the Constitution BiH and Election Law are still unchanged. due to the lack of political consensus on the content of the constitutional reform, no agreement has been reached on the necessary constitutional reformseven it is needed for achieveing post-war justice and inter-ethnic reconciliation. no census since 1992.

II Institutionsa number of institutions that are mandated to promote, enhance and protect human rights, at the state level and/or at the Entity level. Human Rights Ombudsmen InstitutionGender Equality Agency Commission of the Constitutional Court of Bosnia and Herzegovina, Ministry of Human Rights and Refugees other *

*The Joint Commission for Human Rights, Rights of the Child, the Youth, Immigration, Refugees, Asylum and Ethics of the Bosnia and Herzegovina Parliamentary Assembly.

the complex constitutional structure, complex, multi-layered political and institutional structure constitutes an additional impediment. 2. non-enforcement of domestic judicial decisions, and 3. the lack of harmonisation of legislation.

It takes time to develop culture of respect for human rights and to establish institutions and procedures Circumstances which can delay necessary reforms: war, political strives, economic crises serve as excuses Victims in desparate need for justice and freedom

Due to ... persistent polarisation between different ethnic groups in Bosnia and Herzegovina,the observed rise of nationalistic rhetoric,the current difficult financial situation

stagnation of the protection of human rights in Bosnia and Herzegovina.

civil and political rights: 1.815economic, social and cultural rights: 735rights of persons with disabilities: 86rights of national religious and other Minorities: 9rights of detainees/prisoners: 121rights of the child: 110elimination of all forms of discrimination: 191

Art. 6, 1 ECHR the judiciary is independent every person has a statutory right to seek redress in the court when his/her rights are violated. alleged lengthiness of procedures, case load (according to Decisions of Human Rights Court in Strasbourg inacceptable), frequent abolishment of the first instance decisions by the second instances and referring the cases for reconsideration. non existence of equal treatment of all cases dealt by judicial system,

Slowness of judicial system is particularly concerning in the cases of recognition of civil victim of war, a couple of thousands lawsuits for right to exercise war victim status that are still not processed,limited exercise of victim's rights.

non-enforcement of domestic judicial decisions: pending casesserious issue concerning the efficiency of the justice system, paying particular attention to the right to fair trial.

Adopting the Law on Prohibition of Discrimination, 2009: created a legal framework for protection of persons subject to discriminationrepeated practice that BiH legislation is adopted easily, while there lacks effective measures for its applicationvery low level of legal practice significantly impacts on effective application of the Law and decreases possibilities of carrying out the legally determined obligations. not enough effective measures taken which would to ensure permanent training of competent person, particularly in administration, to recognize discrimination.

Persisting discrimination toward returnees, No affirmative actions undertaken toward persons with dissabilities, Intolerance toward LGBT population, Present public manifestation of hate speech, Wide-spread discrimination in public schools, Monoethnich and divided educational system, no common, core curriculum, Particular importance of history teaching has not been taken into account,

Post war justice and reconciliationsignificance of justice for inter-ethnic reconciliation and peace between ethnic lines but in the regioncannot be achieved without justice**Justice is not only retributive, in the sense that it is aimed to punish through fair proceedings those who have committed gross human rights violations and serious violations of international humanitarian law. It is also, or above all, preventive, aiming to ensure that all people in the region come to terms with the past, and live in peace in a cohesive, pluralist democratic society. Justice means, moreover, provision of adequate, effective and proportionate reparation to comfort and heal the wounds of all victims of the war without any distinction.

The process can reach its fruition only when/if: dichotomies of the past are left behind countrys leadership proceeds in determined manner toward the building of a country and demonstrates eagerness to build it so that reflects its multiethnic richness country demonstrates full respect and protection of human rights to all constitutent elements of the population with no discriminationcapacities of young people leaders of changes are strenhghtened.

? What are we doing

Dealing with the pastTeaching young people in area of citizens freedoms and activism Conducting inter-ethnic dialogueWorking with isolated and segregated communities

Example 1: Srebrenica-mapping genocideFAMA Team, author Suada Kapicwww.srebrenica-mappinggenocide.com220 min in 17 maps of chronology of genocide from 6-19 July 1995 in Srebrenica in new genre documented animationPresentation in Serbia, Croatia, Monte Negro, BHUniversal educational model modelTRAILER:

Example 2: Dealing with the difficult past Trans European experienceJasenovacVukovarDonja GradinaKozaraPrijedorKeratermOmarskaSarajevo...

Example 3: Prosecuting war crimes - Transitional justice

MostarBihaTravnikTuzlaSarajevo

Example 4: Youth for JusticeUniversities in Sarajevo, East Sarajevo, Mostar and Banja LukaEDUCATION GATHERING-ADVOCACY

Harmonization of law regulations and proceduresEqual law practiceIssue of free legal aid Education of young lawyers Transparency of judiciary institutions

Example 5: School of civil liberties and activismSummer 3-weeks long schoolOver 20 lecturers and over 20 participants from all over BHTOPICS:Transitional justiceInter-ethnic dialogueSegregation and discriminationCivil and political rights

Example 6: Anti-discrimination!Education of youth in area of implementation of the Law on prohibition of discriminationWorkshops conducted all over BiHReactions on hate speech and discrimination in BH Networking the students from the Law, Journalism, Psychology and Political Sciences all over BHOrganizing street actions with the purpose to raise awareness about discrimination

Example7: 7305 days of blockade?Commemoration of anniversary of Siege of SarajevoPainting Sarajevo RosesGathering at the bridge of Suada Dilberovi and Olga SuiCitizens participation in street actionsGathering younger generationsMedia campaigningRegional cooperation on project implementation

Example 8: Days of Sarajevo in BelgradeTribute to Siege of Sarajevo in BelgradeCultural manifestationPanel discussion on current sensitive topics (including the political)Theatre/concerts/documentary movies/exhibitions/book promotionsYouth exchange

Example 9: Sarajevo Film Festival Docu Corner (and other cultural programs)Cooperation with Sarajevo Film Festival (SFF)Participation of youth from all over BH and regionParticipation at documentary movies screeningsOrganization of open debates at DocuCorner within SFFParticipation in other cultural manifestations such as Pravo Ljudski Festival, International Thetre Festival MESS

Example 10: Activists visits ... Commemoration and visits to the sites of consciences with youth from the region (Tuzla, Sarajevo, Srebrenica, Viegrad)Organizing the youth camps in partnership with local organizations (Srebrenica, Kozarac)March of remembrance Beograd-Tuzla

THANK YOU ! NINA EREMET, programme coordinatornina.seremet@yihr.org

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