A/HRC/14/16
18.
Over the past two years, special protection programmes have been implemented in
direct partnership with the non-governmental organization sector, which has secured the
sustainable protection of children and women victims of trafficking. The country has
managed to secure funding for the implementation of individual integration programmes in
the amount of approximately 65,000 euros, and the Council of Ministers has adopted an
action plan to monitor the implementation of recommendations made by the United Nations
Committee.
19.
Judicial reform has been carried out to ensure the independence of judicial and
prosecutorial functions, and the High Judicial and Prosecutorial Council has been
established. But a real problem lies in the system for financing the judiciary through 13
different budgets, ranging from entity to cantonal budgets. Two entity training centres for
judges and prosecutors have been established, and there is also a centre for the education of
State civil servants under the State Service Agency.
20.
The right to privacy, marriage and family life are guaranteed in the Constitution. In
the not-too-distant past of Bosnia and Herzegovina, freedom of movement was a serious
problem. But the state of security is satisfactory at this point, and incidents related to threats
to freedom of movement are rare.
21.
Although there is no trade union organization at the level of the State, the right of all
employees to organize through unions is guaranteed. Over the past few years, significantly
more resources for reconstruction and infrastructure have been allocated at the
State level. In 2009 alone, with a view to the creation of conditions for the sustainable
return of refugees and displaced persons, investments amounted to approximately 70
million euros.
22.
A programme has been adopted to resolve the housing problems of the Roma, as the
largest minority. The Revised Action Plan for Roma Education envisages measures to
increase the presence of Roma children in schools and measures to decrease the school
dropout rates of Roma children.
23.
Concerning the Sejdić-Finci case, in which the European Court for Human rights
found a violation of the applicant’s right to run in elections for members of the Presidency
and the right to run in elections for the House of Peoples of the Parliamentary Assembly,
the general opinion is that the judgment of the European Court must be respected and that
the Constitution must be amended to guarantee the rights of national minorities and others.
Following such changes in the Constitution, the Election Law should be changed
accordingly. A plan of action for the forthcoming changes to the Constitution and the
Election Law is under preparation.
24.
Regarding the independence of the media and freedom of expression, particularly
the independence of the Communications Regulatory Agency, most media are privately
owned, and there is little room for discussions about possible threats to freedom of speech
and of reporting. The Law on Communications regulates the issue of the structure and
management of the Communications Regulatory Agency as an independent regulatory
body.
25.
The statement highlighting the existence of ethnically segregated schools is correct,
although it refers only to some of the cantons in the Federation of Bosnia and Herzegovina
(two cantons, in fact). Under the Constitution of the Federation of Bosnia and Herzegovina,
education falls within the sole competence of the cantons. In the two cantons with
segregated schools, the argument offered is that this is the way to protect the right to
language, culture and identity of the smallest constituent people. So far, the country has not
been able to find a solution to the problem of two schools under the same roof or the issue
of segregation of children by ethnicity.
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