INSTITUTION OF THE HUMAN RIGHTS OMBUDSMAN OF BOSNIA AND HERZEGOVINA
Most complaints in the reporting period refer to mobbing, as a special form of discrimination in
the workplace - 52, followed by complaints of discrimination on the basis of ethnicity - eight, six
complaints of discrimination on the basis of union membership, five complaints of discrimination
on the basis of sexual orientation, four complaints of discrimination based on language, national
or social origin, social status or gender, three complaints of discrimination on grounds of religion,
hate speech and harassment, two complaints of discrimination on the basis of education and
disability and one complaint on the basis of political or other beliefs, property, gender identity, age
and segregation.
As in previous years, 94 cases were received in which the parties did not specify the basis of
discrimination, which is a consequence of the provision of Article 2 of the Law, which
categorically lists prohibited grounds of discrimination, and stipulates “any other circumstance for
the purpose or consequence of any which denies or endangers the recognition, enjoyment or
exercise on an equal basis of rights and freedoms in all areas of life."
It is necessary to emphasize that the work of the Department for Elimination of All Forms of
Discrimination cannot be viewed solely from the aspect of the number of cases received, and in
this regard the issued recommendations.
The procedure for submission of complaint to the Ombudsmen is free of charge, it is not
conditioned by formalities, it does not require the assistance of a lawyer, and therefore most
citizens primarily turn to the Ombudsmen, and it is only in the next step that they decide to initiate
proceedings before a competent court.
The analysis of complaints at the Institution shows a general misunderstanding of the concept of
discrimination (in the way that most citizens of Bosnia and Herzegovina classify every injustice
as discrimination), poor knowledge of relevant laws and institutions, insufficient awareness of
potential victims of discrimination in their rights and ways of exercising them, complexity of the
case, and team with regard to working with the complainants, providing oral advice, the need for
regulation, which requires additional involvement of lawyers, a significant segment of the work of
employees in the Department for Elimination of All Forms of Discrimination remains invisible to
the public and relevant civil society organizations that monitor the work of the Institution and the
Department for Elimination of All Forms of Discrimination.
10.2. Ensuring effective internal anti-discrimination procedures
As the central anti-discrimination institution, the Institution has the authority to propose, within
its area of competence, solutions to designated responsible parties that aim to ensure equal
treatment. Increasing competitiveness, organizational change, recession, labor market
developments and job insecurity are reflected in worsening working conditions and increasing
workload. Factors such as social and physical isolation, lack of communication, poor
communication with superiors, low levels of support in problem solving, lack or exaggeration of
promotion ... may represent some of the characteristics of work, but possible sources of stress,
which can ultimately lead to mobbing and unequal treatment. Ombudsmen believe that human
resources management bodies are responsible for taking adequate measures to prevent the
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