INSTITUTION OF THE HUMAN RIGHTS OMBUDSMAN OF BOSNIA AND HERZEGOVINA
X DISCRIMINATION
The principle of equality and non-discrimination is an integral part of all international human rights
treaties and declarations, as well as the Constitution of Bosnia and Herzegovina (Article II,
paragraph 4), the entity constitution – the Republika Srpska and the Federation of Bosnia and
Herzegovina and the constitution of all ten cantons in the Federation of Bosnia and Herzegovina,
and the significance of the Anti-Discrimination Law in Bosnia and Herzegovina is immeasurable.
The law defines the legal and institutional framework for combating discrimination in Bosnia and
Herzegovina, and entrusted the Institution with the status of "central institution competent for
protection against discrimination". Pursuant to Article 7, paragraph (2), point f. of the Law on
Prohibition of Discrimination in Bosnia and Herzegovina The Ombudsmen are obliged to prepare
and submit an annual report on the occurrences of discrimination to the Parliamentary Assembly
of Bosnia and Herzegovina, the Parliament of the Federation of Bosnia and Herzegovina, the
National Assembly of the Republika Srpska and the Assembly of the Brčko District of Bosnia and
Herzegovina, and outlines trends and occurrences of various forms of discrimination that citizens
face.
Important advances in the implementation of Anti-Discrimination Law of Bosnia and Herzegovina
have been made, but key mechanisms and institutional actors still face many challenges and
problems.
By the amendments to Anti-Discrimination Law of Bosnia and Herzegovina 2016 463 the legal
framework for protection against discrimination has been improved, and the role of the
Ombudsman in the activities of promoting anti-discrimination protection, which is reflected in
informing the public, raising awareness campaigning and other forms of discrimination
prevention, is envisaged (Article 7, paragraph 2, item l of Anti-Discrimination Law of Bosnia and
Herzegovina).
Although the Law on Prohibition of Discrimination in Bosnia and Herzegovina in 2009, even
before the amendments (Article 7, paragraph 5) stipulates the obligation to have a separate budget
item for the work of the Department for Elimination of All Forms of Discrimination, this provision
has not been done until today, or even ten years after prescribing legal obligation, has not been
implemented.
The limitation of the financial and human resources of the Department did not significantly affect
the work on individual complaints of citizens, which is the most important form of protection of
human rights, but to a certain extent limited the exercise of other powers vested in law, such as
proactive and preventive action in relation to the occurrence of discrimination.
However, despite the aforementioned during 2019, representatives of the Department for
Elimination of All Forms of Discrimination, as well as other employed lawyers in the Institution,
463
Law on Prohibition of Discrimination, Official Gazette of Bosnia and Herzegovina, No. 66/2016.
114
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