UN expert urges Bosnia and Herzegovina authorities to protect human rights defenders – JURIST Legal News

Report on the Protection of Human Rights Defenders in Bosnia and Herzegovina with Emphasis on Sustainable Development Goals

Introduction

Following a recent visit to Bosnia and Herzegovina (BiH), the UN Special Rapporteur on the situation of human rights defenders, Mary Lawlor, issued a call to action urging authorities to enhance the protection and promotion of human rights defenders. This report highlights key findings from her visit, with a focus on the Sustainable Development Goals (SDGs), particularly SDG 16 (Peace, Justice, and Strong Institutions) and SDG 10 (Reduced Inequalities).

Key Concerns Raised by the UN Special Rapporteur

1. Protection and Accountability: Authorities are urged to ensure accountability and address negative narratives targeting human rights defenders, including those involved in transitional justice, minority rights, and LGBTI+ activism.
2. Legislative Challenges: The Law on the Special Registry and Transparency of the Work of Non-profit Organizations in Republika Srpska poses risks to civil society organizations, particularly those receiving foreign funding.
3. Stigmatization of Civil Society: The draft law mandates registration of non-profit organizations receiving foreign funds and labels them as “agents of foreign influence” if engaged in activities perceived as threatening to state integrity, undermining freedom of association and expression.

Implications for Sustainable Development Goals

• SDG 16 – Peace, Justice, and Strong Institutions: The protection of human rights defenders is essential for fostering peaceful and inclusive societies. The undermining of civil society organizations threatens the rule of law and inclusive decision-making processes.
• SDG 10 – Reduced Inequalities: The difficulties faced by minority groups and LGBTI+ activists highlight ongoing inequalities that need to be addressed through inclusive policies and protection mechanisms.
• SDG 17 – Partnerships for the Goals: Restrictions on foreign-funded organizations hinder international cooperation and partnerships crucial for sustainable development.

Contextual Background

1. Legal Framework: The draft law published by the Ministry of Justice of Republika Srpska in 2024 requires non-profit organizations receiving foreign funds to register and be labeled as “agents of foreign influence” under certain conditions.
2. Human Rights Obligations: Analysis by the European Center for Not-for-Profit Law indicates that the draft law violates BiH’s human rights commitments by fostering suspicion and stigmatization of civil society actors.
3. Political Climate: The deteriorating respect for human rights and democratic principles in Republika Srpska has been a persistent concern, with recent political developments including opposition to the UN resolution recognizing the Srebrenica genocide and threats of secession.

Historical and Political Framework

• The current federal structure of Bosnia and Herzegovina was established by the Dayton Accords in December 1995, ending the three-year conflict among Bosniaks, Croats, and Serbs.
• The state consists of two entities: the Federation of Bosnia and Herzegovina (Bosniak and Croat majority) and Republika Srpska (Serb majority).

Recommendations

1. Ensure full protection and promotion of human rights defenders in line with SDG 16.
2. Refrain from enacting legislation that stigmatizes civil society organizations and undermines freedom of association and expression.
3. Promote inclusive dialogue and cooperation among all ethnic groups to uphold peace and justice.
4. Strengthen mechanisms to support minority rights and LGBTI+ communities, advancing SDG 10.
5. Encourage international partnerships and support for civil society organizations to achieve SDG 17.

1. Sustainable Development Goals (SDGs) Addressed or Connected

1. SDG 16: Peace, Justice and Strong Institutions
   • The article discusses human rights defenders, transitional justice, and the protection of minorities, which are central to SDG 16.
   • Issues such as accountability, legal frameworks, and protection of civil society organizations relate directly to this goal.
2. SDG 10: Reduced Inequalities
   • The article highlights the rights of minorities and LGBTI+ activists, connecting to efforts to reduce inequalities.
3. SDG 5: Gender Equality
   • While not explicitly mentioned, the protection of LGBTI+ activists implies a focus on gender equality and inclusion.

2. Specific Targets Under Those SDGs

1. SDG 16 Targets
   • Target 16.10: Ensure public access to information and protect fundamental freedoms, in accordance with national legislation and international agreements.
   • Target 16.6: Develop effective, accountable and transparent institutions at all levels.
   • Target 16.3: Promote the rule of law at the national and international levels and ensure equal access to justice for all.
2. SDG 10 Targets
   • Target 10.3: Ensure equal opportunity and reduce inequalities of outcome, including by eliminating discriminatory laws, policies and practices.
3. SDG 5 Targets
   • Target 5.1: End all forms of discrimination against all women and girls everywhere (implied through LGBTI+ rights protection).

3. Indicators Mentioned or Implied to Measure Progress

1. Indicators Related to SDG 16
   • 16.10.1: Number of verified cases of killing, kidnapping, enforced disappearance, arbitrary detention and torture of human rights defenders.
   • 16.6.2: Proportion of the population satisfied with their last experience of public services (implied through accountability and transparency concerns).
   • 16.3.1: Proportion of victims of violence in the previous 12 months who reported their victimization to competent authorities or other officially recognized conflict resolution mechanisms.
2. Indicators Related to SDG 10
   • 10.3.1: Proportion of population reporting having personally felt discriminated against or harassed within the previous 12 months on the basis of a ground of discrimination prohibited by international human rights law.
3. Indicators Related to SDG 5
   • 5.1.1: Whether or not legal frameworks are in place to promote, enforce and monitor equality and non-discrimination on the basis of sex.

4. Table of SDGs, Targets and Indicators

Source: jurist.org