A/HRC/28/17
24.
The representative stated that the criminal code of Republika Srpska provided
sanctions against incitement of national, racial or religious hatred, discord or intolerance.
25.
Republika Srpska had been active in judicial reform, but the representative noted
that many judicial institutions had been created in the post-war period in contravention of
the constitution. It was necessary to eliminate ethnic discrimination in the work of the
Prosecutor’s Office and Court of Bosnia and Herzegovina, especially in processing cases of
war crimes committed against Serbs.
26.
The representative of Republika Srpska expressed the hope that the new
Government, which would be constituted after the recent general elections, would support
all reasonable proposals for the implementation of the decision in the case of Sejdić and
Finci v. Bosnia and Herzegovina. Republika Srpska had already proposed a way to
eliminate all discriminatory election provisions on its territory. The representative also
noted that in the case of Maktouf and Damjanović v. Bosnia and Herzegovina, the
European Court of Human Rights had proposed that the practice of retroactive application
of the law in war crimes cases be eliminated, but that the Court of Bosnia and Herzegovina
had not yet adopted measures to implement this.
27.
In relation to the equality of all ethnic minorities, the representative of Republika
Srpska noted that none of the entity’s laws contained discriminatory provisions in that
respect. Members of the Roma community enjoyed the same rights as other citizens,
including health care. Republika Srpska had undertaken numerous measures to advance the
status of women, including in combating violence against women, their political
participation and employment. Notably, the criminal code had been amended to treat
domestic violence as a crime rather than a misdemeanour. Republika Srpska had adopted a
strategy on combating domestic violence, a related law and protocols, and had also formed
the Council for Children.
28.
The representative of the Federation noted that its Government was conscious of the
existence of discrimination in certain fields within the entity and was clear in condemning
all acts of discrimination. A series of legal measures had been introduced to address the
issue, but the entity Government had spoken boldly in favour of constitutional reform, the
need to simplify and reduce the structures of governance and against discrimination on any
basis. The support of friendly countries was necessary to enable citizens to enjoy the same
rights as those in the most developed countries. He noted that, while the entities did have
certain competencies, they did not have international legal personality and the statements of
the representative of Republika Srpska, which went outside the existing constitutional
framework, underlined the need for constitutional reform, which would assist democracy
and the fulfilment of the international obligations of Bosnia and Herzegovina.
29.
The representative of the Federation stated that education in the entity was within
the competency of its cantons and the Federal Ministry had only a coordinating role.
However, the Ministry of Education and the Government of the Federation had invested
much effort and adopted a strategy and recommendations for the elimination of divided
structures and segregation in schools, commonly known as “two schools under one roof”.
Those were preconditions for the creation of a multi-ethnic and tolerant environment in
schools in the Federation. The representative also highlighted the investment and efforts
needed to improve conditions for children with special needs.
30.
In relation to employment rights the Government of the Federation was
unswervingly committed to respecting the fulfilment of the rights and obligations of both
employees and employers. A new modern labour law was being drafted. The Federation
regretted the length of some judicial proceedings in labour-related cases. Tackling the
informal economy was another priority for the Government of the Federation: new laws on
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