The Death Penalty in the OSCE Area consular aid and protection. Canada informed ODIHR that, since February 2016, its Government had decided to undertake clemency intervention in all cases of Canadians facing execution. Children of parents sentenced to death (Question 4) In relation to safeguards for children whose parents have been sentenced to death, a large number of participating States claimed not to have in place specific legislation for these situations, as they are extremely rare. However, they stated that protection of those who might be found in such a situation is offered through general rules and legislation governing the protection of children’s rights. Malta made specific mention of the 2013 UN Human Rights Council’s panel discussion, conclusions and recommendations on the human rights of children of parents sentenced to the death penalty or executed in stating that it would provide protection in line with these recommendation if such a case were to occur. Safeguards protecting those facing the death penalty (Question 5) The majority of responding participating States stated that they monitor the implementation of safeguards protecting those facing the death penalty on a case-by-case basis, using all available methods at their disposal (demarche; public statement, EU common action), in particular when capital punishment would be imposed for persons below 18 years of age at the time of the commission of their crime, for pregnant women, new mothers and persons with mental disabilities. Additional information Bosnia and Herzegovina provided information from the General Secretariat of the National Assembly of Republika Srpska on the death penalty stating, that Article 11 of the Constitution of Republica Srpska still maintains the possibility of application of the death penalty “exclusively for capital crimes”, but the article is not operational in practice as, Republika Srpska’s Criminal Code does not provide for capital punishment.148 In its 2015 Progress Report for Bosnia and Herzegovina, the European Commission noted that the relevant provision in the Constitution of Republika Srpska needs to be repealed in order to comply with the EU political criteria, which are necessary for the EU to consider an EU membership application from Bosnia and Herzegovina.149 148  Constitution of Republika Srpska “Official Gazette” of Republika Srpska, No. 21/92 revised text, 28/94, 8/96, 13/96, 15/96, 16/96, 21/96, 21/02, 26/02, 30/02, 31/02, 69/02, 31/03, 98/03, 115/05, 117/05, Article 11. 149  European Commission, Commission Staff Working Document, Bosnia and Herzegovina, 2015 Report, SWD (2015) 214 final (10 November 2015), para. 2.4, <http://ec.europa.eu/enlargement/pdf/key_documents/2015/20151110_report_bosnia_and_herzegovina.pdf>. 36