Donor Co-Financing Assessment for New Country Strategy

Annex 1 - Political Assessment in the Context of Article 1 European Bank for Reconstruction and Development including elected officials, who obstruct the Dayton peace process, and impose laws as he sees fit. Although the use of the Bonn powers in practice has decreased over the years, the HR continues to use them occasionally. The last time the Bonn powers were used was the HR's decision, on 23 July 2021, to enact amendments to the Criminal Code of B&H stipulating imprisonment for up to five years for the denial or justification of the genocide and war crimes (the 1992-1995 conflict) in B&H. In the past, the HR served also as the European Union Special Representative in B&H (EUSR). Since the decoupling of these two mandates, the EU has reinforced its role in B&H, including the combined presence of the EUSR and the EU Delegation. The EU has deployed considerable resources in B&H under the Common Foreign and Security Policy and is a key international stakeholder there. B&H has an EU-led foreign military presence - EUFOR Althea, which, in accordance with a relevant UNSCR resolutions, has a mandate to support a safe and secure environment in the country. Over the last few years, EUFOR has been reconfigured and the number of troops reduced. Civil Society, Media and Participation Scale and independence of civil society There is a satisfactory legal framework for civil society organisations. The Law on Associations and Foundations provides legal guidelines and grants civil society organisations (CSOs) various rights. CSOs can register at different levels (at any of the eighteen administrative offices), although while CSOs that have registered at the state level are free to operate nationwide, this does not apply to local CSOs, which face a number of legal obstacles. While the estimated number of CSOs in the two Entities is around 27,000 (including both associations and foundations), only one third are presumed to be active. Many CSOs are project-based, and relatively narrowly specialised, often with limited financial viability and strategic planning capacity. The Council of Ministers' Rules on Consultation in Legislative Drafting (Consultation Law) allows CSOs to have a voice in shaping laws. However, the legislation on public consultations is uneven across the country and the consultation process with civil society is not sufficiently robust. In general, public participation in decision-making in B&H needs further improvement and there is no strategic framework for cooperation with civil society. The Council of Ministers needs to enact the 2017 charter on cooperation with civil society organisations, notably by developing regular cooperation and consultations. The right to form trade unions is enshrined in the law. However, trade unions in general lack stable finances and labour rights and social dialogue need further strengthening. No steps have been taken so far to establish a state-level Economic and Social Council. Independence and pluralism of media operating without censorship The Constitution of B&H guarantees the freedom of the press. Media operate broadly freely and without censorship. The legal framework is largely in place and in line with international standards, prohibiting the incitement of racial, ethnic or religious hatred. The Press Council, which is a self- regulatory body for the print and internet media outlets, helps to promote freedom of speech and the respect of journalistic ethics, and supervises the application of the B&H press code; however it has no power to fine, suspend or close down any outlet. Broadcast media in both entities are monitored by the Communications Regulatory Agency (CRA), which operates on the state level and its mandate is defined by the Law on PUBLIC 23

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