Universal Human Rights Index 2010
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| CRC/C/OPAC/BIH/CO/1 (CRC, 2010) | ||||
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c) while noting that human rights education is included in the curricula of primary and secondary schools, the Committee is concerned that there are no programmes to systematically include peace education in the school curricula |
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r) the initial report and written replies submitted by the State party and related recommendations (concluding observations) adopted be made widely available, including through the internet (but not exclusively), to the public at large, civil society organizations, youth groups, professional groups and children, in order to generate debate and awareness of the Optional Protocol, its implementation and monitoring |
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r) in light of article 6, paragraph 2 of the Optional Protocol, the Committee recommends that the State party ensure that the principles and provisions of the Optional Protocol are widely disseminated to the general public and among children, and to State officials |
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r) with reference to its general comment No. 1 (2001) on the aims of education, the Committee recommends that the State party undertake efforts to include peace education in the school curricula, with special reference to crimes covered by the Optional Protocol |
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r) in accordance with article 8, paragraph 2, the Committee requests the State party to include further information on the implementation of the Optional Protocol and these concluding observations in the next periodic report under the Convention, in accordance with article 44 of the Convention |
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r) the Parliamentary Military Commissioners be specifically mandated to ensure compliance with the Optional Protocol by the armed forces of Bosnia and Herzegovina, in close cooperation with the Ombudsman for Human Rights of Bosnia and Herzegovina r) intensify efforts to consolidate the Ombudsman for Human Rights of Bosnia and Herzegovina and ensure a unitary approach to protecting and promoting human rights, and the Convention and its Optional Protocols in particular |
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w) The Committee notes with appreciation:(a) The declaration made at the time of ratification that the State party will not permit the voluntary recruitment of persons under the age of 18 into its armed forces;(b) The adoption of the Law on Defence of Bosnia and Herzegovina in January 2006, which abolished conscription and set the minimum age of recruitment for military service at 18 years;(c) The adoption of the Law on Parliamentary Military Commissioners of Bosnia and Herzegovina in 2009;
(d) The development of a State Strategy for Transitional Justice aimed at improving the situation and protection of all war victims, including children; (e) The adoption of the Mine Action Strategy in 2004 and the State party’s pledge to clear all landmines by 2019; (f) The establishment of the Coordinating Committee for the Control of Small and Light Arms of Bosnia and Herzegovina in 2005 and the adoption of the Strategy and Action Plan for control of small arms and light weapons (2008-2012), aiming at strengthening the capacity for regulatory control and destruction of surplus ammunition |
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w) the ratification or accession by the State party to:(a) The Optional Protocol to the Convention against Torture on 24 October 2008;(b) The Protocol against the Illicit Manufacturing of and Trafficking in Firearms, Their Parts and Components and Ammunition, supplementing the United Nations Convention against Transnational Organized Crime on 1 April 2008;(c) The Rome Statute of the International Criminal Court on 11 April 2002 |
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c) while noting the inclusion of the Optional Protocol in various educational programmes, the Committee regrets that the State party has not taken specific measures to promote and disseminate the Optional Protocol to the public at large and to children in particular, as well as among the relevant State agencies |
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w) information that the Optional Protocol is included in the training for new members of the armed forces of Bosnia and Herzegovina and that members of international peacekeeping forces receive training on child protection c) appropriate human rights training, especially on the provisions of the Optional Protocol, is not systematically offered to all relevant professional groups, in particular military officials involved in recruitment, judges, prosecutors, immigration officials, the Parliamentary Military Commissioners, and social workers |
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r) that the State party:(a) Continue and strengthen education and training programmes on the Optional Protocol for members of the armed forces, including those deployed to international peacekeeping forces;(b) Develop systematic education and training programmes on the provisions of the Optional Protocol for all relevant professional groups working with and for children and in particular among military officials involved in recruitment, judges, prosecutors, immigration officials, the Parliamentary Military Commissioners and social workers |
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n) appointment of Parliamentary Military Commissioners, as stated by the State party during the dialogue, who are under an obligation to inform the Ombudsman for Human Rights of Bosnia and Herzegovina of irregularities regarding recruitment in the armed forces and the power of the Ombudsman to act ex officio in such instances c) lack of clarity of the mandate of the Parliamentary Military Commissioners with respect to the implementation of the Optional Protocol c) delay in completing the merger of the Entity level Ombudsmen institutions into a single Ombudsman for Human Rights of Bosnia and Herzegovina to ensure effective and independent monitoring of the implementation of the Convention and its Optional Protocols in the State party |
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c) while noting the prohibition of organizing, training, equipping or mobilizing armed groups (other than the armed forces) under article 162.a of the Criminal Code of Bosnia and Herzegovina and that the Law on Service in Armed Forces of Bosnia and Herzegovina indirectly prohibits the recruitment of children, the Committee is concerned that the recruitment and use in armed conflict of persons under the age of 18 is not explicitly prohibited nor criminalized in State and Entity level legislation |
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r) adopt all legal measures necessary to ensure, at both State and Entity level, that the violation of the provisions of the Optional Protocol regarding the recruitment and involvement of children in hostilities are explicitly criminalized in the State party’s criminal legislation |
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n) the provision of the Criminal Code of Bosnia and Herzegovina providing for extraterritorial jurisdiction over “a criminal offence that Bosnia and Herzegovina is obliged to punish according to the rules of international law, international or intergovernmental agreements” c) the Criminal Code does not specifically allow extraterritorial jurisdiction for all the cases referred to in article 4, paragraph 2 of the Optional Protocol |
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r) take steps to ensure that domestic legislation enables it to establish and exercise extraterritorial jurisdiction over war crimes of conscription and enlistment of children in hostilities, taking into account the Rome Statute of the International Criminal Court to which it is a party, and further recommends establishing extraterritorial jurisdiction for these crimes when they are committed by or against a person who is a citizen of or has other links with the State party |
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c) while noting the draft law on the rights of victims of torture and civil victims of war, the Committee is concerned that civilian victims, including children, may be discriminated in relation to personal disability benefits compared to disabled war veterans under the State party’s current legislation on the regulation of social benefits |
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r) adopt the Law on the Rights of Victims of Torture and Civil Victims of War without delay and that it ensures that child victims of armed conflict or its consequences are not discriminated against, including in the distribution of personal disability benefits in order to ensure their full physical and psychological recovery and their social reintegration |
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w) ongoing mine-awareness campaigns and demining activities, including those undertaken by the armed forces of Bosnia and Herzegovina, as well as the modernization of a database on victims of landmines c) children continue to be affected by landmines and that children affected by the explosion of mines and other consequences of the armed conflict do not receive adequate assistance for their physical and psychological recovery c) lack of human, technical and financial resources of centres for social work and at the social stigmatization against institutions engaged in psychosocial rehabilitation of victims of war w) ongoing efforts to identify resources with a view to identify children in need of post-war physical and psychological recovery and rehabilitation, the Committee is concerned that the State party has not yet established such a mechanism |
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r) the State party:(a) Continue and strengthen mine-awareness campaigns and demining activities, in particular by strengthening funding for demining activities undertaken by the armed forces of Bosnia and Herzegovina;(b) Consider establishing special rehabilitation programmes for children affected by the explosion of mines and other consequences of the armed conflict and ensure that all affected children have access to such programmes, including through increased allocation of resources to centres for social work and by increasing the coverage of the system of personal disability benefits;(c) Establish procedures for the adequate identification and referral for appropriate assistance of all children who have been involved in armed conflict, in accordance with article 6, paragraph 3 of the Optional Protocol |
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w) State Strategy for Transitional Justice, supported by the United Nations Development Programme (UNDP), to ensure compensation of damages caused by war and the right to certain social benefits of victims of war c) while noting the multisectoral approach to its implementation, the Committee remains concerned that specific activities to be carried out by State and Entities under the Strategy have not yet been identified w) while noting ongoing cooperation, inter alia, with the International Commission on Missing Persons (ICMP) aimed at the identification of persons, including children who disappeared during the conflict, the Committee is furthermore concerned about the obstacles which remain to identifying and establishing the truth about the fate of missing persons and to ensuring access to compensation for their families |
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r) in line with the preliminary recommendations of the Working Group on Enforced or Involuntary Disappearances, that the State party:(a) Take all necessary measures to implement the Strategy for Transitional Justice, especially by finalizing an action plan with clearly identified activities and corresponding responsibilities among State and Entity ministries and institutions, and by allocating adequate financial resources;(b) Strengthen efforts for the investigation, prosecution, uncovering of sites, witness protection, and judicial mechanisms and complete and publicize the Central Record of the Missing Persons, in order to reduce politicization obstructing the identification and establishing the truth about the fate of missing persons;(c) Ensure that the families of children who were subjected to enforced or involuntary disappearance have access to redress and compensation, especially by establishing the Fund for Families of Missing Persons foreseen in the Law on Missing Persons;
(d) Ratify the International Convention for the Protection of All Persons from Enforced Disappearances, which it has already signed |
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w) the launching of an awareness-raising campaign on the dangers of small arms and light weapons in cooperation with UNICEF and UNDP, as well as operations by the Ministry of Defence aimed at the destruction of weapons c) the significant number of small arms and light weapons in the possession of civilians and armed forces, which continue to pose threat to the safety of children c) lack of legislation specifically prohibiting the trade and export of small arms and light weapons to countries where children are or may have been involved in armed conflict |
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r) the State party:(a) Continue and strengthen cooperation with relevant international and regional organizations as regards the control of and eradication of surplus small arms and light weapons, including those in the possession of the civilian population;(b) Intensify campaigns undertaken by law enforcement agencies at State and Entity levels to ensure that all small arms and light weapons are collected from civilians;(c) Ensure the explicit prohibition of trade and export of small arms and light weapons to countries where children are known to have been or are involved in armed conflict;
(d) Ensure that illicit activities, including the manufacturing and trafficking of small arms and light weapons, are criminalized, that records are maintained and firearms marked, taking into account the Protocol against the Illicit Manufacturing of and Trafficking in Firearms, Their Parts and Components and Ammunition, supplementing the United Nations Convention against Transnational Organized Crime |
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r) take all appropriate measures to ensure the full implementation of the present recommendations, inter alia, by transmitting them to the Head of State, the Constitutional Court of Bosnia and Herzegovina, the Supreme Court of the two Entities, the Parliamentary Assembly (both the House of Peoples and the House of Representatives), relevant ministries and to State, Entity, cantonal and local authorities, when applicable, for appropriate consideration and further action |
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| CRC/C/OPSC/BIH/CO/1 (CRC, 2010) | ||||
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w) adoption of the International Assistance Law in 2009, which allows for joint investigation teams, and recommends that the State party increase efforts to strengthen international cooperation, in particular by bilateral agreements with neighbouring countries, to ensure the protection of victims and the prosecution and punishment of alleged perpetrators |
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r) take all necessary measures to ensure that crimes are investigated and that alleged perpetrators are prosecuted and duly sanctioned in order to challenge impunity |
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r) take all necessary measures to ensure that child victims of the offences under the Optional Protocol are provided with appropriate assistance, including for their full social reintegration and full physical and psychological recovery r) encourages the State party to ensure the continuity of shelters specifically designated for child victims, including day-care centres for children involved in organized begging r) integrate the latter among its protection programmes for children |
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r) strengthen systematic prevention measures, targeting children who are especially vulnerable or at risk, in order to protect them from the offences under the Optional Protocol r) harmonize State and Entities legislation pertaining to civil registration and take immediate and effective measures to ensure the registration of all children at birth |
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r) develop, in close cooperation with the community and in particular children and child victims, information and education programmes, and long-term campaigns to raise awareness of the preventive measures and harmful effects of the sale of children, child prostitution and child pornography r) disseminate the Optional Protocol among all relevant professional groups, especially members of the police, judges, prosecutors, representatives of the media and social workers |
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r) strengthen measures to protect the rights and interests of child victims of all offences under the Optional Protocol, including through further development of guidelines on child protection work for social workers and law enforcement officials and ensure training on such guidelines r) procedures should be strengthened to ensure a more proactive approach to identifying child victims vulnerable to the offences under the Optional Protocol, including by sensitizing and developing effective partnerships with parents and families of child victims |
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r) take steps to ensure that domestic legislation enables it to establish and exercise extraterritorial jurisdiction over crimes under the Optional Protocol and recommends establishing extraterritorial jurisdiction over crimes under the Optional Protocol without the criterion of double criminality r) consider the Optional Protocol to be a legal basis for extradition without the condition of the existence of a bilateral treaty |
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r) develop a national plan of action aimed at addressing specifically all issues covered under the Optional Protocol and provide adequate human and financial resources for its implementation r) pay particular attention to the implementation of all provisions of the Optional Protocol taking into account the Declaration and Agenda for Action and the Global Commitment adopted at the First, Second and Third World Congresses against Commercial Sexual Exploitation of Children held in Stockholm, Yokohama and Rio de Janeiro in 1996, 2001 and 2008, respectively |
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r) take immediate measures to reactivate the Council for Children of Bosnia and Herzegovina and to establish a Department for Human Rights of Children under the Ministry of Human Rights and Refugees r) consider placing the Council for Children or the new Department for Human Rights of Children, or another appropriate body, in charge of the coordination and evaluation of the implementation of the Convention and the two Optional Protocols and provide it with the human, technical and financial resources and authority within the Government to carry out its mandate effectively |
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r) allocate sufficient resources to ensure continuity and sustainability of these services and ensure that they are fully accessible and known to all children r) recommends that the State party conduct systematic training for persons operating the aforementioned hotlines in order to effectively prevent and respond to cases of sale of children, child prostitution and child pornography |
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r) in accordance with article 8 of the Optional Protocol, adopt appropriate measures to protect the rights and interests of child victims and witnesses at all stages of the criminal justice process. r) in particular:(a) Ensure that the Federation of Bosnia and Herzegovina and District of Brčko adopt without delay the Law on Protection of Children and Minors in Criminal Procedures and ensure that the law, and the equivalent law in Republika Srpska, are implemented in practice;(b) Ensure that State and Entity legislation provides for the definition of the status of a child victim;(c) Provide appropriate support services to child victims throughout the legal process, including by adopting the draft law on the right to pro bono legal aid, and ensure the availability of legal aid as well as access to adequate procedures to seek compensation for damages from those legally responsible;
(d) Ensure that child victims of offences under the Optional Protocol are neither criminalized nor penalized and that all possible measures are taken to avoid the stigmatization and social marginalization of these children; (e) Consider the possibility of using audio and video interviews of children in cases concerning the sale of children, child prostitution and child pornography and that these interviews must be conducted by specially trained police officers in child-friendly interview rooms; (f) Take into account the Guidelines on Justice in Matters involving Child Victims and Witnesses of Crime (Economic and Social Council resolution 2005/20, annex) in the implementation of the above recommendations |
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w) various measures in areas relevant to the implementation of the Optional Protocol, in particular:(a) The withdrawal of the State party’s reservation to article 9, paragraph 1 of the Convention;(b) The adoption of the third National Action Plan to Combat Human Trafficking and Illegal Migration in Bosnia and Herzegovina 2008-2012;(c) The adoption of the Action Plan for the Improvement of Protection System in the area of Child Pornography and other forms of Sexual Exploitation and Abuse of Children through Internet and Communications Technologies in Bosnia and Herzegovina 2010-2012; and
(d) The adoption of the National Strategy to Combat Violence against Children 2007-2010 |
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w) accession to or ratification of the following international or regional instruments:(a) The International Convention on the Rights of Persons with Disabilities and its Optional Protocol on 12 March 2010;(b) The European Convention on the Compensation of Victims of Violent Crimes, the Convention on Cybercrime and its Additional Protocol, and the Convention against Trafficking in Human Beings of the Council of Europe respectively on 25 April 2005, on 19 May 2006, and on 11 January 2008 |
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n) the Ministry of Human Rights and Refugees and the State Coordinator for the prevention of trafficking in human beings and illegal immigration collect some data on child victims of trafficking in human beings, and that the Ministry plans to establish a database to monitor the implementation of the Convention and its Optional Protocols c) data is not systematically collected on all crimes covered under the Optional Protocol in both Entities of the State party as well as in Brčko District and at the limited capacity of the State party, including of the Agency for Statistics of Bosnia and Herzegovina, to collect data on children in general, and on the adoption of children in particular |
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r) further develop and centralize its mechanisms for systematic data collection in all areas concerning the implementation of the Optional Protocol, including the establishment of a database within the Ministry of Human Rights and Refugees to monitor implementation of the Convention and the Optional Protocols r) develop a coordinated system for comprehensive data collection – disaggregated, inter alia, by age, sex, geographical location and socio-economic background – that cover all persons below the age of 18 r) the Committee reiterates its recommendation (CRC/C/15/Add.260, para. 19) that the State party carry out a census of the population |
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w) efforts to integrate various aspects of the Optional Protocol in the legislation of the State party c)that they have focused almost exclusively on trafficking of children, neglecting specific offences under the Optional Protocol, namely sale of children, child prostitution and child pornography |
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r) its legislation must satisfy its obligation with regard to the sale of children, a concept which is not identical to trafficking in persons, in order to adequately implement the provision contained in the Optional Protocol |
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n) the adoption of a number of policies, strategies, and plans, including the adoption of the Action Plan for the Protection of Children from Child Pornography 2010-2012, c) the latter does not indicate costing of the envisaged activities and that additional funding is dependent on donor support c) there is no overall plan or policy addressing specifically all issues covered under the Optional Protocol |
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n) the establishment of the State Coordinator for the prevention of trafficking in human beings and illegal immigration and the Task Force to coordinate such activities at State and Entity levels c) the poor coordination between structures with responsibilities for the implementation of the Optional Protocol at State and Entity levels c) the Council for Children of Bosnia and Herzegovina, set up under the Ministry of Human Rights and Refugees as a coordinating and advisory body on children’s rights, de facto ceased to exist in 2007 w) the plan of Ministry to establish a Department for Human Rights of Children c) no specific State body is currently mandated to coordinate, monitor and evaluate the implementation of children’s rights in general |
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n) awareness raising activities carried out in schools, notably by non-governmental organizations c) the low level of awareness among children and their families of the preventive measures and harmful effects of the offences under the Optional Protocol c) information in the State party’s report that media occasionally misrepresents trafficking in persons and contributes to the stereotyping of specific groups in the State party considered more prone than others to engage in the sale of children |
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w) specialized trafficking awareness training to members of Bosnian troops prior to their deployment to international peacekeeping missions and that the Optional Protocol is included in training carried out by the Centre for the Training of Judges and Prosecutors and by the State Coordinator for the prevention of trafficking c) professional groups working with and for children, including members of the police, social workers, judges and prosecutors, members of the State Investigation and Protection Agency (SIPA) do not receive adequate and targeted training specifically on the provisions of the Optional Protocol |
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r) allocate adequate and earmarked resources for the development of programmes and training materials on all areas covered by the Optional Protocol and ensure that such training is provided to all relevant professional groups, in particular to immigration and law enforcement officers, including members of SIPA, judges and prosecutors, social workers as well as members of the European Union Force (EUFOR) currently present in Bosnia and Herzegovina |
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c) difficulties to secure funding for activities relevant to the implementation of the Optional Protocol, regrets that:(a) The State Investigation and Protection Agency (SIPA) and the Interpol Office in Sarajevo lack the human, technical and financial resources to effectively prevent and investigate crimes committed with the use of new technologies, including the Internet;(b) The centres for social work and other institutions mandated to carry out prevention and protection activities for children lack the necessary human, technical, and financial resources to do so |
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r) take all possible measures to ensure that sufficient resources are allocated for the implementation of the Optional Protocol r) law enforcement agencies and centres for social work should be provided with adequate human, technical and financial resources necessary for their activities |
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c) the process of merging the Entity level Ombudsmen institutions into a single Ombudsman for Human Rights of Bosnia and Herzegovina is not yet complete and that the new structure retains separate Entity level institutions c) overlaps in the mandates of the Department for protection of the rights of the child within the Ombudsman for Human Rights of Bosnia and Herzegovina and the Children’s Ombudsman of Republika Srpska may obstruct a unitary approach to monitoring the implementation of the Convention and its Optional Protocols |
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r) intensify efforts to consolidate the Ombudsman for Human Rights of Bosnia and Herzegovina and ensure a unitary approach to protecting and promoting human rights, and the Convention and its Optional Protocols in particular |
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w) measures aimed at preventing offences under the Optional Protocol c) measures adopted to date have primarily focused on the crime of trafficking, while targeted preventive measures specifically against the sale of children, child prostitution and child pornography remain limited c) increase in domestic trafficking of children which may involve the sale of children and may lead to child prostitution and child pornography c) weak capacity of the State party to monitor the adoption of children and regrets, in this regard, that the State party has not yet ratified the 1993 Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption |
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r) the State party:(a) Adopt a national plan for the prevention of sale of children, child pornography and child prostitution;(b) Ensure concerted and coordinated activities by law enforcement agencies to prevent and eliminate domestic trafficking in children;(c) Strengthen its mechanisms for monitoring the adoption of children and to ratify the 1993 Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption |
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w) adoption of various plans and strategies to enhance social inclusion of children, especially Roma children c) Roma children, children in street situations, children with disabilities, children involved in organized begging, and children lacking birth registration remain vulnerable to offences under the Optional Protocol |
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c) State and Entity level Criminal Codes do not fully incorporate all offences under the Optional Protocol and are not harmonized as regards the prohibition and criminalization of these crimes, and their applicable penalties c) the engagement of the child in forced labour and the improper inducing of consent for the adoption of the child are not covered under the Criminal Code of Bosnia and Herzegovina |
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r) amend its legislation to ensure that the crimes covered under the Optional Protocol are fully criminalized and harmonized in the Criminal Codes at the level of the State, Entities and Brčko District r) criminalize:(a) The sale of children by offering, delivering or accepting, by whatever means, a child for the purpose of sexual exploitation, transfer of organs of the child for profit, or engagement of the child in forced labour or improperly inducing consent, as an intermediary, for the adoption of a child in violation of the applicable legal instrument on adoption;(b) Offering, obtaining, procuring or providing a child for child prostitution;(c) Producing, distributing, disseminating, importing, exporting, offering, selling or possessing child pornography;(d) An attempt to commit any of these acts and complicity or participation in any of these acts; (e) The production and dissemination of material advertising any of these acts |
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c) reiterates its concern expressed upon examination of the State party’s initial report on the Convention (CRC/C/15/Add.260, 2005, paras. 71 and 72) at the very low number of investigations and prosecution of perpetrators, including public officials, police officers and employees of private security companies |
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w) the fact that the State party can establish its jurisdiction over crimes committed abroad by or against its citizen c) penal legislation does not allow extraterritorial jurisdiction for all the cases referred to in article 4, paragraph 2 of the Optional Protocol c) extraterritorial jurisdiction is subject to the criterion of double criminality |
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n) the Criminal Code of Bosnia and Herzegovina provides for the seizure of items used to commit and proceeds derived from a crime c) application of these procedures in practice and that the law does not specifically provide for the closure of premises |
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r) ensure, including through the adoption of relevant legislation, the seizure and confiscation of materials, assets and other goods used to commit or facilitate any of the offences under the Optional Protocol, the seizure and confiscation of proceeds derived from them, and the closure of premises used to commit such offences, in accordance with article 7 of the Optional Protocol |
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w) the adoption of several protection measures, including legislation ensuring access of trafficking victims to the asylum procedure, amendments to the Law on Social Policy which provide that child victims of trafficking be regarded not as “neglected children” but as victims, and the development of guidelines for social workers and police working with child victims c) these measures have focused primarily on child victims of trafficking and not on victims of offences under the Optional Protocol c) the procedures for identifying child victims remain weak |
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n) the Law on Protection of Witnesses under Threat and Vulnerable Witnesses of Bosnia and Herzegovina requires that children are automatically accorded the status of vulnerable witnesses c) the absence of a definition of the status of the child victim in the legislation and that procedures have not been adapted to recognize the special needs of child victims and witnesses n) the adoption in Republika Srbska of the Law on Protection of Children and Minors in Criminal Procedures c) regrets that Federation of Bosnia and Herzegovina has not yet adopted a law to the same effect n) the draft law on the right to pro bono legal aid, which provides for legal aid to victims of trafficking c) child victims may be experiencing obstacles in accessing legal aid |
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w) children victims of offences under the Optional Protocol can benefit from social services and other protection activities undertaken by the section on victims of criminal offences within the Ministry of Human Rights and Refugees r) such support is primarily reactive and limited in scope due to inadequate resources and does not apply affirmative social action for the benefit of children in vulnerable situations |
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r) establish a unit within the Section on Victims of Criminal Offences specifically mandated to provide assistance and support to children victims of offences under the Optional Protocol and provide it with adequate human, technical and financial resource allocations r) pay special attention through affirmative social action to the needs of children in vulnerable situations (para. 24) |
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c) the absence of State-run shelters for child victims and that identified child victims do not have access to appropriate care and assistance, including in shelters operated by international and non-governmental organizations. c) day-care centres, established to provide shelter children involved in forced begging, do not receive State funding |
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w) information that the State party has established two hotlines for children victims of offences under the Optional Protocol, one on trafficking and one on child pornography and internet abuse, and that it has created a web hotline (“Safe Child”) to prevent internet abuse |
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r) take all appropriate measures to strengthen its bilateral, regional and international cooperation to enhance the tracking system with its Internet Protocol (IP) locator in order to track IP addresses, hosts and websites of offenders of crimes under the Optional Protocol, aiming to use the most accurate IP address location database r) take measures to identify the Internet Service Provider (ISP) of such websites with a view to prevent and combat child pornography |
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r) ratify the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights r) ratify the Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse |
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r) take all appropriate measures to ensure full implementation of the present recommendations, inter alia, by transmitting them to the Head of State, the Constitutional Court of Bosnia and Herzegovina, the Supreme Court of the two Entities, the Parliamentary Assembly (both the House of Peoples and the House of Representatives), relevant ministries and to State, Entity, cantonal and local authorities, when applicable, for appropriate consideration and further action |
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r) the initial report and written replies submitted by the State party and related recommendations (concluding observations) adopted be made widely available, including through the internet (but not exclusively), to the public at large, civil society organizations, youth groups, professional groups and children, in order to generate debate and awareness of the Optional Protocol, its implementation and monitoring |
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r) in accordance with article 12, paragraph 2, the Committee requests the State party to include further information on the implementation of the Optional Protocol and these concluding observations in its next periodic report under the Convention, in accordance with article 44 of the Convention |
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| CERD/C/BIH/CO/7-8 (CERD, 2010) | ||||
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w) the following legislative and institutional developments towards full implementation of the Convention in Bosnia and Herzegovina: (a) the establishment of a single, unified office of the Human Rights Ombudsman for Bosnia and Herzegovina (b) the adoption of two new laws in 2009: on prohibition of discrimination, and on freedom of religion and the legal status of churches and religious communities (c) the adoption of the laws on protection of the rights of the members of national minorities by the Republic Srpska and by the Federation of Bosnia and Herzegovina in 2008 (d) the adoption of the action plans for Roma issues with regard to employment,housing and health care and the establishment of the respective coordinating board for monitoring its implementation in 2008 (e) the commitment to implement the declaration and programme of work of the European Decade of Roma Inclusion 2005-2015 in Bosnia and Herzegovina (f) the establishment of a working group by the Council of Ministers of Bosnia and Herzegovina to offer solutions for the phenomenon of “two schools under one roof” in 2008 |
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w) efforts to adopt specific legislation prohibiting all fascist and neo-fascist organizations in Bosnia and Herzegovina |
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w) the State party consulted with civil society organizations working in the area of human rights protection in connection with the preparation of its periodic report |
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n) the steps undertaken by the State party towards conducting a population census in 2011 c) however, at the legacy of the war, which caused significant ethnic-based demographic changes and the impact that this may have on the conduct of the census (arts. 1(1) and 2) |
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r) appropriate measures be undertaken and adequate mechanisms established to ensure efficient methods of collection of data that will give complete and reliable disaggregated statistics on the ethnic composition of its population r) recalls its general recommendation No. 8 (1990) concerning the self-identification of members of racial and ethnic groups, which should be done without fear of repercussions r) to seek technical cooperation from the United Nations Population Fund in this regard |
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c) the Committee, while commending the State party for its willingness to amend relevant laws, where necessary, notes with concern the constitutional stipulations that grant certain important political rights on the basis of ethnic affiliation (arts. 1(4), 2(1) (c) and 5(c)) |
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r) the Committee reiterates its recommendation that the State party proceed with amending the relevant provisions of the State and entities’ constitutions and the election laws, with a view to removing all discriminatory provisions and, in particular, to ensuring the equal enjoyment of the right to vote and to stand for elections by all citizens irrespective of their ethnic background |
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c) while welcoming the various measures adopted by the State party to ensure an effective solution to the problems related to the return of refugees and displaced persons, the Committee is concerned that a large number of war displaced persons remain unable to return to their former residences or to effectively integrate into their former or new communities (art. 5(d) (i), (e)) |
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r) continue implementing measures to accelerate the sustainable return of refugees and internally displaced persons to their places of origin, inter alia by improving their reception conditions r) further activities be devised to improve the socio-economic integration of those who have returned, and by ensuring equal enjoyment of their social, economic and cultural rights, especially in the field of social protection and pension, health care, equal employment and equal education r) returnees should receive appropriate assistance or compensation, as the case may be, in order to prevent a further worsening of their human rights situation |
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c) while praising the State party for establishing a single office of Human Rights Ombudsman and other advisory bodies on issues of national minorities, the Committee is concerned that adequate mechanisms for monitoring acts of ethnic-based discrimination and violence remain virtually non-existent (arts. 2 and 6) |
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r) take the relevant political, professional, financial, technical and other measures to ensure effective independence and autonomy for the Office of the Human Rights Ombudsman in accordance with the Paris Principles of 1993 (A/RES/48/134 of 20 December 1993), and to enable the effective and efficient work of local national minorities’ councils |
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c) while noting the relevant criminal law provisions criminalizing incitement to racial or ethnic hatred, the recent laws on prohibition of discrimination and on freedom of religion and the upcoming law on the prohibition of all fascist and neo-fascist organizations, the Committee is concerned about the continuous public manifestations of hate speech and intolerance, especially by politicians (arts. 4(b) and 6) |
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r) continue to endeavour to combat inter-ethnic prejudices, by, inter alia, applying existing criminal provisions on hate speech and hate crimes, continuing to strengthen, and to promote, through awareness-raising campaigns, and other concrete steps, national unity, tolerance and the peaceful coexistence of members of various nationalities and religious groups, and by strengthening the monitoring powers of the Communications Regulatory Agency with regard to acts of public incitement to ethnic and religious hatred |
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n) while taking note of the measures adopted by the State party to eliminate the remnants of the so-called “two schools under one roof” system, the Committee believes that segregated education in the territory of the State party perpetuates non-integration, mistrust and fear of the “other” (arts. 3, 5(e) and 7) |
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r) the Committee reiterates its recommendation to the State party to end the segregated system of mono-ethnic schools and to ensure that the same basic curriculum be taught to all children, promoting tolerance among the different ethnic groups in the country and appreciating their specificities |
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c) while welcoming the steps taken to eliminate discrimination against Roma in the field of housing, employment, education and health care, the Committee continues to be concerned about the persistence of acts of discrimination targeting this marginalized minority group n) in particular, that the Roma children birth registration campaign that should have been concluded by 2008 has not yet achieved its objectives, with serious implications for their eligibility for health-care insurance, social aid and school enrolment (arts. 2, 3 and 5(e)) |
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r) the Committee reiterates its recommendations to the State party, with reference to its general recommendation No. 27 (2000), to continue to endeavour to combat prejudices against Roma, and to ensure that all Roma have access to personal documents that are necessary for them to enjoy their civil and political rights, as well as their economic, social and cultural rights r) fully implement its various Roma strategies and action plans in line with the declaration and programme of work of the Decade of Roma Inclusion 2005-2015, with action mainly devoted to ensuring adequate housing, health care, employment, social security and education for Roma people |
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c) while welcoming the steps (legislative and others) adopted in the State party, the Committee continues to be concerned that racial and ethnic-based discrimination remains alive in Bosnian society (arts. 2, 3, 4, 5(d)(i), (e) and 7) |
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r) the Committee reiterates its recommendation to the State party to continue fostering intercultural dialogue, tolerance and understanding, paying due attention to the culture and history of different ethnic groups within Bosnia and Herzegovina |
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r) in light of its general recommendation No. 33 (2009) on follow-up to the Durban Review Conference, the Committee recommends that the State party give effect to the Durban Declaration and Programme of Action, adopted in September 2001 at the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance, taking into account the Outcome Document of the Durban Review Conference, held in Geneva in April 2009, when implementing the Convention in its domestic legal order r) include in its next periodic report specific information on action plans and other measures taken to implement the Durban Declaration and Programme of Action at the national level |
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r) continue consulting, and expanding its dialogue with, civil society organizations working in the area of human rights protection, in particular in combating racial discrimination, in connection with the preparation of the next periodic report |
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r) to consider making the optional declaration provided for in article 14 of the ICERD, recognizing the competence of the Committee to receive and consider individual complaints |
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r) ratify the amendments to article 8, paragraph 6, of the ICERD, adopted on 15 January 1992 at the fourteenth meeting of States parties to the Convention and endorsed by the General Assembly in its resolution 47/111 of 16 December 1992 r) in this connection, the Committee cites General Assembly resolutions 61/148 and 63/243, in which the General Assembly strongly urged States parties to accelerate their domestic ratification procedures with regard to the amendment to the Convention concerning the financing of the Committee and to notify the Secretary-General expeditiously in writing of their agreement to the amendment |
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r) the State party’s reports be made readily available and accessible to the public at the time of their submission, and that the observations of the Committee with respect to these reports be similarly publicized in the official and other commonly used languages, as appropriate |
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r) in accordance with article 9, paragraph 1, of the Convention and rule 65 of its amended rules of procedure, the Committee requests the State party to provide information, within one year of the adoption of the present conclusions, on its follow-up to the recommendations contained in paragraphs 9, 11 and 13 above |
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r) the Committee also wishes to draw the attention of the State party to the particular importance of recommendations 7, 8 and 12, and request the State party to provide detailed information in its next periodic report on concrete measures taken to implement these recommendations |
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r) submit its 9th, 10th and 11th periodic reports in a single document, due on 16 July 2014, taking into account the guidelines for the CERD-specific document adopted by the Committee during its seventy-first session (CERD/C/2007/1), and that it address all points raised in the present concluding observations r) observe the page limit of 40 pages for treaty-specific reports and 60-80 pages for the common core document (see harmonized guidelines on reporting contained in document HRI/GEN/2/Rev.6, para. 19) |
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