FREEDOM OF EXPRESSION AND
ASSOCIATION
The BiH Journalists’ Association recorded an
increase in attacks on journalists, with over
70 cases recorded in 2023, of which fewer
than 25% were investigated.
In July, the RS National Assembly passed
amendments to the Criminal Code to classify
defamation as a criminal offence, punishable
by a fine of up to BAM 3,000 (EUR 1,500).
The UN, Council of Europe and EU
condemned the move, saying it breached
BiH’s international human rights
commitments. The Media Freedom Rapid
Response project said the law posed an
“existential threat” to independent
journalism. In September, Journalist Club
Banja Luka filed a petition to formally
challenge the law before the RS
Constitutional Court.
In September, the RS National Assembly
adopted in its first reading the Law on Special
Registry and Publicity of the Work of NGOs,
establishing a registry of foreign-funded
NGOs, classified as “agents of foreign
influence”, and requiring extensive reporting
requirements and heavy penalties for noncompliance. The Council of Europe’s human
rights commissioner warned that the law
would further restrict the rights of NGOs and
human rights defenders, and the EU called
for its withdrawal.
REFUGEES’ AND MIGRANTS’ RIGHTS
The authorities recorded close to 35,000
arrivals in 2023, the majority from
Afghanistan, Morocco and Syria. More than
2,500 refugees and migrants were stranded
in BiH at the end of the year, most of them in
Una-Sana Canton.
In June, the authorities stopped the
construction of an EU-funded detention unit
within the Lipa reception facility near Bihac,
intended to accommodate people whose
asylum claims had been rejected in an EU
member state. The authorities denied any
knowledge of the plan, and the BiH minister
of human rights and refugees described the
unit as a “a classic prison” unsuited to being
102
within a reception facility that also houses
women and children.
Although the speed of processing asylum
claims improved considerably, the asylum
system remained largely ineffective. An overly
restrictive approach to assessing claims led
to only four people being granted refugee
status by November.
DISCRIMINATION
In August, the European Court of Human
Rights ruled in the case of Kovačević v. BiH
that the country’s constitutional system, in
particular its electoral rules, discriminated
against people who did not identify as one of
the constituent peoples (Bosniak, Croat or
Serb) and denied them adequate
representation in legislative and executive
offices. BiH failed to implement five previous
European Court of Human Rights rulings that
the power-sharing arrangements in the
country were discriminatory.
LGBTI PEOPLE’S RIGHTS
A Gallup World Poll of 123 countries ranked
BiH as one of the most hostile places in the
world for LGBTI people.
In March, RS police banned a film
screening organized by LGBTI groups in
Banja Luka, citing threats from violent
groups. The organizers, who sought shelter in
another venue, were then attacked by a
group of men. Activists said that police
officers who were nearby failed to protect
them. The Council of Europe’s human rights
commissioner said the authorities had an
obligation to protect LGBTI people’s right to
freedom of peaceful assembly.
In a separate incident, participants in the 8
March women’s rights protest were physically
and verbally attacked because one
participant was carrying a rainbow flag. The
Council of Europe’s human rights
commissioner condemned the violence and
urged police to investigate.
In the month leading up to the annual Pride
march in Sarajevo in June, LGBTI activists
faced widespread discriminatory speech on
social media platforms, including from public
officials.
The State of the World’s Human Rights
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