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Foreign Policy .. Multilateral Relations .. Human rights in BiH
Human Rights in BiH
Human Rights in BiH

Rights of every individual in Bosnia and Herzegovina are set forth by the BiH Constitution, international covenants and conventions signed by BiH, as well as the laws.

The Preamble of the BiH Constitution sets forth determination to fully implement international humanitarian law in BiH, as well as Universal Declaration of Human Rights, International Covenants on Civil and Political Rights and on Economic, Social and Cultural Rights, Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities, and other human rights instruments.

Article II of the BiH Constitution stipulates that Bosnia and Herzegovina and both Entities shall ensure the highest level of internationally recognized human rights and fundamental freedoms. The rights and freedoms set forth in the European Convention for the Protection of Human Rights and Fundamental Freedoms and its Protocols shall apply directly in Bosnia and Herzegovina and shall have priority over all other law. The same Article stipulates that all persons within the territory of Bosnia and Herzegovina shall enjoy the human rights and fundamental freedoms without discrimination on any ground such as sex, race, color, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status.

Annex 6 to the BiH Constitution relates to the Human Rights Agreement, which provides to all persons within the territory of Bosnia and Herzegovina the highest level of international recognized human rights and fundamental freedoms, including rights and freedoms ensured by the European Convention for the Protection of Human Rights and Fundamental Freedoms and its Protocols as well as international covenants separately listed in attachment to this Annex. The rights and freedoms include: the right to life; the right not to be subjected to torture or to inhuman or degrading treatment or punishment; the right not to be held in slavery or servitude or to perform forced or compulsory labor;  the rights to liberty and security of person; the right to a fair hearing in civil and criminal matters, and other rights relating to criminal proceedings; the right to private and family life, home, and correspondence; freedom of thought, conscience, and religion; freedom of expression; freedom of peaceful assembly and freedom of association with others; the right to marry and to found a family; the right to property; the right to education; the right to liberty of movement and residence.

Chapter II of the BiH Constitution is dedicated to protection of human rights through the Human Rights Commission, the Ombudsman Office, and Human Right Council. Human Rights Commission functions within the Constitutional Court of BiH.
Annex 7 to the Constitution includes Covenant on Refugees and Displaced persons. Chapter I treats protection of rights of refugees and displaced persons and Chapter II is dedicated to the Commission for Displaced Persons and Refugees, seated in Sarajevo.

The state system includes special bodies, which role is to further promote and improve human rights protection system. These bodies are: Committee on the Right of Child, the Gender Equality Agency, Board on Roma, Council for Disabled Persons, and Commission for Relations with Religious Communities. National Minorities Council was formed within the Parliamentary Assembly of BiH, as advisory body.

BiH institutions fully support the Inter-Religious Council in BiH. It helps establishing inter-religious dialogue between the four largest religious communities in BiH.

Annex 6, Chapter III of the BiH Constitution treats other organizations dealing with human rights issues. It highlights the obligation to promote and stimulate actions of NGOs and international organizations for human rights protection and promotion. UN Human Rights Commission, OSCE, Office of the UN High Commissioner for Human Rights and other NGOs or regional missions and human rights organizations are invited to closely monitor the human rights situation in BiH, including establishment of communal offices, assignment of observers, reporters and other relevant persons. All of them should be provided with efficient and gradual assistance, access and facilities.

  • National programs for human rights improvement:
    Council of Ministers of BiH approved the Action Plan to Suppress Trafficking in Human Beings. Provisional Instruction for Treatment of Victims of Trafficking  is in force;
  • Agreement for Cooperation with NGOs  in the field of protection of victims of trafficking;
  • Action Plan for Children 2002-2010., is in effect and its implementation is monitored by the  Committee on the Right of Child;
  • National Strategy on Roma was approved in 2005, since this national minority is the most numerous and the most endangered minority in BiH;  
  • Gender Equality Action Plan;
  • The Council of Ministers of BiH established the BiH Government Agent’s Office before the European Court for Human Rights.

BiH Foreign Policy in the filed of human rights

Ministry of Foreign Affairs of BiH promotes the policy of human rights protection in its foreign policy, which relates to all persons and citizens, in line with international recognized human rights protection standards.

BH foreign policy strives to strengthen democracy and to promote human rights, starting from the principles that every individual’s human rights protection and the rule of law provide a solid basis for security and peace in the world.

BiH has ratified international instruments in the field of human rights, including UN and CE conventions, protocols, which impose obligation to report and do its best in order to have a good cooperation with UN bodies established pursuant to those conventions.