ANNUAL REPORT ON THE RESULTS OF THE ACTIVITIES OF THE INSTITUTION OF THE HUMAN RIGHTS OMBUDSMAN OF BOSNIA AND HERZEGOVINA
I INTRODUCTION
The Institution of Human Rights Ombudsman of Bosnia and Herzegovina (hereinafter: the
Institution) is an independent institution established to promote good governance and the rule of
law, that is, to protect human rights and fundamental freedoms. It was set up based on Annexes
IV and VI of the General Framework Agreement for Peace in Bosnia and Herzegovina 1
(hereinafter: the Dayton Accords), and it started functioning in 1996.
The Institution is accredited in status "A" by the Global Alliance of the National Institutions for
the Promotion and Protection of Human Rights (GANHRI), formerly known as the International
Coordination Committee of the National Institutions for the Promotion and Protection of Human
Rights (ICC). The last accreditation status was granted on 24 November 2017 and it is a
confirmation of the independence of the Institution and its functioning according to the Paris
Principles 2, as it entitles Ombudspersons to vote on the GANHRI related issues.
The Institution is functioning under the Constitution of Bosnia and Herzegovina and the Law on
Human Rights Ombudsman of Bosnia and Herzegovina (hereinafter: the Law on Ombudsman) 3
guaranteeing the independence and structural framework of the Institution relating to the
promotion and protection of human rights and fundamental freedoms. The Law on Ombudsman
defines the mandate, competencies, powers, as well as the rules of procedure of the Ombudsman
of Bosnia and Herzegovina. The mandate of the Institution is further defined by the following
laws: Law on Prohibition of Discrimination of Bosnia and Herzegovina, which provides that the
Ombudsman of Bosnia and Herzegovina is the central institution for the protection against
discrimination, and that it can act toward all natural and legal persons 4; legislation on free access
to information (both on the level of Bosnia and Herzegovina and the entities) 5 under which
Ombudspersons have the power to take measures aimed at the rules governing of free access to
information and legislation governing the governmental, ministerial and other appointments (both
on the level of Bosnia and Herzegovina and the entities) 6 which grant Ombudspersons the power
1
Adopted on 21November 1995 and ratified 14 December 1995
The Paris Principles, adopted in 1993 by the United Nations General Assembly on the proposal of the Human Rights
Committee in 1992, relate to the status of human rights institutions with regard to the promotion and protection of
human rights and envisage their broad competence in the field of human rights protection. These are minimum
standards that provide guidance on the founding, responsibilities, duties, composition, including pluralism,
independence, methods of work and quasi-judicial powers of human rights institutions.
3
Official Gazette of Bosnia and Herzegovina no. 32/2000, 19/2002, 35/2004 and 32/2006. The Law on Human rights
Ombudsman was adopted in 2000 and amended three times - in 2002, 2004 and 2006
4
Article 7 of the Law on Prohibition of Discrimination in Bosnia and Herzegovina, Official Gazette of Bosnia and
Herzegovina no. 59/2009 and 66/2016
5
Article 21 and 22 of Law on Free Access to Information in Bosnia and Herzegovina, Official Gazette of Bosnia and
Herzegovina No 28/2000, 45/2006, 102/2009, 62/2011 and 100/2013; Article 21 and 22 of Law on Free Access to
Information in Republika Srpska, Official Gazette of Republika Srpska, No. 20/2001; Article 21 and 22 of Law on
Free Access to Information in the Federation of Bosnia and Herzegovina, Official Gazette of the Federation of Bosnia
and Herzegovina" No. 32/2001 and 48/2011
6
Article 16 and 17 of the Law on Ministerial, Council of Ministers and Other Appointments of Bosnia and
Herzegovina, Official Gazette of Bosnia and Herzegovina No 7/2003 and 37/2003; Article 16 and 17 of the Law on
Ministerial, Governmental and Other Appointments of the Federation of Bosnia and Herzegovina, Official Gazette of
the Federation of Bosnia and Herzegovina" No 12/2003, 34/2003 and 65/2013 and Article 16 and 17 of the Law on
Ministerial, Governmental and Other Appointments of the Republika Srpska, Official Gazette of Republika Srpska
No 41/2003.
2
5
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