Donor Co-Financing Assessment for New Country Strategy
Annex 1 - Political Assessment in the Context of Article 1
European Bank
for Reconstruction and Development
may only vote for a Bosniak or Croat candidates. All these discriminatory provisions are not in compliance with ECHR verdicts, and run counter to
the OSCE Copenhagen document and other international standards. On 22 December 2009, the ECHR issued a legally binding decision providing
that the ethnicity-based ineligibility rule is "incompatible with the general principles of the European Convention". Nevertheless so far the key
stakeholders in B&H have failed to reach an agreement on the implementation of the ruling of ECHR. Besides excluding national minorities, the
constitutionally enshrined ethnic key to representation erodes the concept of citizenship and civic-based participation in the political process.
The Roma minority, which is arguably the largest minority in the country (estimated at 58,000, which is several times more than the official data
from the 2013 census), continues to be the most vulnerable in B&H. Some progress was made to provide the Roma with personal documents, as
well as improve their housing conditions. B&H participates in the Roma Decade of Inclusion, and various Action Plans under the Roma Strategy are
in place. Work has started on the revising the action plans on housing, employment and healthcare. However, little progress has been made in
improving the situation of Roma women and children, who continue to suffer from discrimination and domestic violence.
The key legislative elements for gender equality are in place in B&H. The country has committed itself to respecting gender equality through
several international instruments that are listed in the Constitution, including the UN Convention on Elimination of All Forms of Discrimination
against Women. B&H has continued to implement the Action Plan on UNSCR 1325 regarding Women, Peace, and Security.
The Gender Action Plan for B&H identified the increase in the participation of women in political life and decision-making as one of key priorities.
Nevertheless, the participation of women in political life remains low. Legal requirements regarding gender balance on party lists are generally
respected during the elections. However, the total number of women elected to the State-level parliament has decreased to 16 per cent, which is
lower than in the previous elections and in fact the lowest result since 2006. Discriminatory customs and stereotypes are still present in the rural
areas, undermining women's basic rights. Domestic violence is a concern, while a harmonised system for monitoring such cases does not exist. On
a positive side, Republika Srpska entity has recently further aligned its legislation on protection against family violence with the Istanbul
convention; it entered into force on 1 January 2020.
Freedom from harassment, intimidation and torture
Constitutional guarantees against harassment, intimidation, and torture are in place and are largely upheld in practice. A delegation of the Council
of Europe's European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) last visited B&H in
2019. According to its latest report on the visit, published in 2021, CPT received numerous allegations of physical and psychological ill-treatment
of detained persons by law enforcement officials within the FB&H. With regard to RS, the CPT delegation received a few allegations of physical and
psychological ill-treatment of criminal suspects by police authorities; however it is noted that the situation there was found to have improved
considerably since the previous visits in 2012 and 2015.12
12 Council of Europe, European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT), Visit to Bosnia and Herzegovina
from 11 to 29 June 2019, published on 14 September 2021.
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