INSTITUTION OF THE HUMAN RIGHTS OMBUDSMAN OF BOSNIA AND HERZEGOVINA
whether priority in the use of the native tongue is given by the person authorized to communicate
or priority is given to the use of the native tongue of the Management Board of the Company, that
is, the Director and the President of the Management Board. This situation seems to neglect the
interest of citizens, i.e. the public, which raises the question of the criteria that are decisive in
deciding in which language the information will be published. The Ombudsmen sent a
recommendation to the designated responsible authority 502. Cooperation has been established with
the competent authority to implement the recommendation and is in the implementation phase.
Example: Ombudsmen acted 503 upon request 504 of the Indirect Taxation Authority of Bosnia and
Herzegovina, requesting an Opinion on the draft Rulebook on Prevention and Protection against
Discrimination in the Indirect Taxation Authority, which was drafted for the implementation of
Article 24, paragraph 4 of the Law on Prohibition of Discrimination in Bosnia and Herzegovina.
The Ombudsmen welcome this and all similar initiatives as they represent the implementation of
the Law on Prohibition of Discrimination in Bosnia and Herzegovina. However, no opinion was
given to the rulebook, as it is in accordance with Article 77 of the Uniform Rules for Drafting
Legal Regulations in the institutions of Bosnia and Herzegovina 505 prescribed that:
1) The drafting team submits the draft for approval to the head of the institution.
(2) In case the draft is approved, it shall be forwarded to the Council of Ministers of Bosnia and
Herzegovina or the Presidency of Bosnia and Herzegovina, as appropriate, accompanied by:
a) a rationale that fulfills the criteria of Chapter II. of these uniform rules,
b) regulatory drafting approvals approved by the institution's manager,
c) a draft normative act used through consultation,
d) documentation of the consultations,
from which it follows that the Institution is not envisaged as one of the actors participating in or
approving the internal regulations of the institutions of Bosnia and Herzegovina.
Example: Ombudsmen have acted on multiple complaints 506 relating to the use of a form in the
Sarajevo Canton: "Statement of the name of the course, derived from the name of one of the three
official languages of the constituent peoples of Bosnia and Herzegovina", in which parents are
asked to state the "name of the course which is derived from the name of one of the three official
languages of the constituent peoples of Bosnia and Herzegovina", which, as stated in the said form,
will be listed in public documents and pedagogical documentation and records in accordance with
the choice of the parents/guardians of the students, and asked to declare one of three options: a)
Bosnian language and literature; b) Croatian language and literature; c) Serbian language and
literature. During the investigation procedure it was established that the Ministry of Education,
Science and Youth of Sarajevo Canton issued Decision No. 11/01-05-990/19 dated 16 January
2019, amending the curriculum for the elementary school in the part related to the title of the
subject, by changing the name Bosnian language and literature/Croatian language and
literature/Serbian language and literature to change and read Bosnian language and literature,
Croatian language and literature, Serbian language and literature; that there has also been a change
in the ability to express students' parents, so that, in addition to declaring the name of only one of
502
Recommendation No. 205/19 of 16 September 2019.
Ž-BL-06-728/19
504
Act No. 01-02-2-1515-2/19 of 9 October 2019.
505
"Official Gazette of BiH" no. 11/05, 58/14 and 60/14
506
Ž-SA-06-1361/18, Ž-SA-06-3/19
503
124
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents