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HUMAN RIGHTS PAPERS Paper 57

UNIVERSAL PERIODIC REVIEW


RECOMMENDATIONS MONITORING INSTRUMENT:
PROPOSAL BY CIVIL SOCIETY ORGANISATIONS

Content

LIST OF ABBREVIATIONS 3

INTRODUCTION 4

APPENDIX - UNIVERSAL PERIODIC REVIEW

RECOMMENDATIONS MONITORING

INSTRUMENT FOR CIVIL SOCIETY

ORGANISATIONS IN BIH 8

ABOUT THE AUTHOR 29

ABOUT THE COALITION 30

BiH Civil Society


Initiative for UPR

Sarajevo
February 2021

ISSN: 2303-6079

Human Rights Paper -- Paper 57

Sarajevo Open Centre; Podgaj 14, 71 000 Sarajevo, Bosnia and Herzegovina; (0) 33 551 000; office@soc.ba
UNIVERSAL PERIODIC REVIEW RECOMMENDATIONS MONITORING INSTRUMENT: PROPOSAL BY CIVIL SOCIETY ORGANISATIONS

Human Rights Papers Edition published by Sarajevo Open Centre


Paper Number: 57

Title: Universal Periodic Review


Recommendations Monitoring
Instrument: Proposal by Civil
Society Organisations
Author: Adnan Kadribašić
Editor: Dajana Bakić
Proofreading: Sandra Zlotrg
Translation into English: Context Translation Services o.d.
Layout/Design: Dina Vilić
Publisher: Sarajevo Open Centre (www.soc.ba)
on behalf of the BiH Civil Society
Initiative for UPR
On behalf of the Publisher: Emina Bošnjak

© Sarajevo Open Centre

This publication is a result of the work of civil society organisations within the
informal coalition of BiH Civil Society Initiative for UPR. This publication is
supported by the Government of the Kingdom of the Netherlands.

Non-commercial copying, photocopying, or any other reproduction of this


publication in whole or in part is desirable as long as the publisher is informed
thereon in writing at office@soc.ba.

Human Rights Paper -- Paper 57

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UNIVERSAL PERIODIC REVIEW RECOMMENDATIONS MONITORING INSTRUMENT: PROPOSAL BY CIVIL SOCIETY ORGANISATIONS

LIST OF ABBREVIATIONS

APIC BiH – The Agency for the Prevention of Corruption and the
Coordination of the Fight Against Corruption of BiH
APOSO BiH - The Agency for Pre-Primary, Primary and Secondary
Education
BD BiH - Brčko District of Bosnia and Herzegovina
BiH – Bosnia and Herzegovina
CC – Criminal Code
CEC – Central Election Commission of Bosnia and Herzegovina
CoM BiH - Council of Ministers of Bosnia and Herzegovina
CRA BiH - Communications Regulatory Agency of
Bosnia and Herzegovina
CSA/CAA – Civil Service/Administration Agency
ECHR – European Convention on Human Rights
ECSR – Economic, Social and Cultural Rights
FBiH – Federation of Bosnia and Herzegovina
FIGAP - Financial Mechanism for the Implementation of the
Gender Action Plan of Bosnia and Herzegovina
GAP - Gender Action Plan
GEA BiH – Gender Equality Agency of Bosnia and Herzegovina
GIM - Gender Institutional Mechanisms
HJPC BiH – High Judicial and Prosecutorial Council of
Bosnia and Herzegovina
IRC BiH – Interreligious Council of BiH
JPTC FBiH
and JPTC RS – Centre for Judicial and Prosecutorial Training
of the Federation of Bosnia and Herzegovina and Centre
for Judicial and Prosecutorial Training of the
Republika Srpska
LGBTI - lesbian, gay, bisexual, transgender and intersex (people)
LoGE - Law on Gender Equality in Bosnia and Herzegovina
MHRR BiH- Ministry of Human Rights and Refugees of
Bosnia and Herzegovina
MoI – Ministry of Interior
MoJ BiH - Ministry of Justice of Bosnia and Herzegovina
MoS BiH – Ministry of Security of BiH
NA RS - National Assembly of the Republika Srpska
NMCs – National Minority Councils
NPM OPCAT – National preventive mechanism in terms of the Optional
Protocol to the Convention against Torture and Other
Cruel, Inhuman or Degrading Treatment or Punishment
OI – Institution of Human Rights Ombudsman of BiH
PA BiH – Parliamentary Assembly of Bosnia and Herzegovina
PAR – Public administration reform
PARCO - Public Administration Reform Coordinator’s
Office of BiH
PC BiH – Press Council in BiH
UN – United Nations
UPR – Universal Periodic Review

Human Rights Paper -- Paper 57

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UNIVERSAL PERIODIC REVIEW RECOMMENDATIONS MONITORING INSTRUMENT: PROPOSAL BY CIVIL SOCIETY ORGANISATIONS

INTRODUCTION
The Universal Periodic Review (UPR) was created by the United
Nations General Assembly in 2006. It is a unique peer review mechanism
that reviews the human rights situation of all states equally every four
and a half years by other Member States during the sessions of the
Government Working Group of the Human Rights Council in Geneva. All
states, without exception, are actively involved in reviewing the human
rights situation and in making recommendations.

The purpose of this mechanism is to provide support to all UN Member


States in better assessing their human rights needs as they develop, in
a timely and periodic manner. The UPR reviews the implementation
of human rights obligations as set out in the UN Charter; the Universal
Declaration of Human Rights; human rights treaties ratified by the State
concerned and other and voluntary commitments and obligations of
the Member States. Based on this review, the UPR provides support to
Member States to strengthen national human rights protection through
recommendations.

The Review is based on three sources:


1) Report prepared by the government of each state;
2) Data from reports of independent experts and human rights
working groups, such as special mechanisms, treaty bodies, as
well as other organisations within the UN network;
3) Data submitted by other stakeholders such as independent
human rights institutions, regional organisations and civil
society organisations.

Bosnia and Herzegovina’s report for the Third Cycle of the Universal
Periodic Review on the State of Human Rights Situation, prepared by a
number of BiH institutions coordinated by the BiH Ministry of Human
Rights and Refugees was adopted on 9 October 2019 by the Council of
Ministers of Bosnia and Herzegovina.

In December 2018, the Sarajevo Open Centre gathered civil society


organisations with expertise in various fields of human rights and formed
the Civil Society Initiative for UPR. This initiative brought together the
following organisations: Sarajevo Open Centre, BH Journalists, Civil
Rights Defenders, CURE Foundation, Transparency International in BiH,
Association Zemlja djece u BiH, CA Why Not, Civil Society Promotion
Centre, Association Vaša prava BiH, TRIAL International, My Right -
Empowers People with Disabilities, and CA for Promotion of Roma
Education “Otaharin”. The work of the Initiative resulted in a single
Shadow Report for the 3rd Universal Periodic Review on the State of

Human Rights Paper -- Paper 57

Sarajevo Open Centre; Podgaj 14, 71 000 Sarajevo, Bosnia and Herzegovina; (0) 33 551 000; office@soc.ba

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UNIVERSAL PERIODIC REVIEW RECOMMENDATIONS MONITORING INSTRUMENT: PROPOSAL BY CIVIL SOCIETY ORGANISATIONS

Human Rights in Bosnia and Herzegovina1, which is contained in the


Summary of Stakeholders’ submissions on Bosnia and Herzegovina2.

During its thirty-fourth session, which was held from 4 to 15 November


2019, the Working Group on the Universal Periodic Review considered the
review of Bosnia and Herzegovina on 13 November 2019. The delegation
of Bosnia and Herzegovina was led by Ms. Semiha Borovac, Minister of
Human Rights and Refugees of Bosnia and Herzegovina, and the Working
Group adopted the report on Bosnia and Herzegovina at its 18th meeting,
held on 15 November 20193. A total of 207 recommendations relating to a
number of human rights aspects were issued for Bosnia and Herzegovina.

In the process of drafting this document, the recommendations were


categorised according to the aspects of human rights to which these
recommendations refer. This categorisation made it possible to determine
in which areas the greatest number of recommendations were made, as
seen in the diagram below. Although many rights are interconnected,
this approach has made it easier to identify key areas of human rights
that have been recognised for BiH by other Member States. The scheme
indicates that the largest number of recommendations were made in the
fields of discrimination, institutionalisation, gender equality, education
and so on.
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1 Shadow Report for the 3rd Universal Periodic Review on the State of Human Rights in Bosnia and
Herzegovina, BiH Civil Society Initiative for UPR Sarajevo, April, 2019, available at: https://soc.ba/
site/wp-content/uploads/2019/08/UPR-BHS-final.pdf
2 Human Rights Council Working Group on the Universal Periodic Review Thirty-fourth session 4-15
November 2019 Summary of Stakeholders’ submissions on Bosnia and Herzegovina, available at
(English): https://undocs.org/A/HRC/WG.6/34/BIH/3
3 Report of the Working Group on the Universal Periodic Review – Bosnia and Herzegovina, Human
Rights Council Working Group on the Universal Periodic Review Thirty-fourth session Geneva,
4-15 November 2019, available at: http://www.mhrr.gov.ba/PDF/LjudskaPrava/Zakljucna%20
zapazanja%20na%20Treci%20ciklus%20UPR-a.pdf

Human Rights Paper -- Paper 57

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UNIVERSAL PERIODIC REVIEW RECOMMENDATIONS MONITORING INSTRUMENT: PROPOSAL BY CIVIL SOCIETY ORGANISATIONS

The UPR process is not specified as occurring only between the two
reporting and review processes during the Working Group session. That
is why the UN Secretary-General4 has recommended that the success
of states in their efforts to promote and protect human rights, with the
support of the United Nations, will undoubtedly depend on the existence
of national reporting and monitoring mechanisms to implement and
report on recommendations. Efforts and outcomes will be achieved
in close cooperation and consultation with national stakeholders.
Such mechanisms will also facilitate the task of the state to develop
comprehensive national human rights action plans and/or plans for
implementation of recommendations.

In the absence of a mechanism to respond to these UN


recommendations regarding the monitoring of the implementation of
the recommendations, the Sarajevo Open Centre has started drafting a
document to:

• Allow priorities to be set in the implementation of the


recommendations;
• Establish the preconditions for the implementation of the
recommendations by the competent institutions;
• Promote UPR recommendations and advocate prioritisation
of implementation of recommendations by civil society
organisations and international organisations in BiH.

It is thus presumed that this document acts as a Universal Periodic


Review Recommendations Monitoring Instrument for Civil
Society Organisations in BiH. The use of this document does not hinder
further efforts and advocacy of civil society organisations for government
institutions to establish an effective mechanism for monitoring the
progress of the UPR in line with the recommendations of the United
Nations General Assembly.

Finally, this document provides a direct link to the European integration


as a key foreign policy goal of BiH, which essentially identifies the topics
covered by the UPR recommendations as priorities in the accession
process. In that sense, a direct link has been made to the Commission
Opinion on Bosnia and Herzegovina’s application for membership of the
European Union5.

4 S
trengthening United Nations action in the field of human rights through the promotion of
international cooperation and the importance of non-selectivity, impartiality and objectivity,
Report of the Secretary-General, 2017, available at: https://documents-dds-ny.un.org/doc/UNDOC/
GEN/N17/263/84/PDF/N1726384.pdf?OpenElement
5 Communication from the Commission to the European Parliament and the Council, Commission
Opinion on Bosnia and Herzegovina’s application for membership of the European Union,
Brussels, 29 May 2019 COM (2019) 261 final, available at: http://europa.ba/wp-content/
uploads/2019/06/Misljenje-Komisije-o-zahtjevu-Bosne-i-Hercegovina-za-%C4%8Dlanstvo-u-
Evropskoj-uniji.pdf

Human Rights Paper -- Paper 57

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UNIVERSAL PERIODIC REVIEW RECOMMENDATIONS MONITORING INSTRUMENT: PROPOSAL BY CIVIL SOCIETY ORGANISATIONS

During the process, consultations were held with relevant institutions


at various levels of government in order to validate the proposals of human
rights experts. These consultations were conducted under epidemiological
measures caused by the COVID19 pandemic – an objective constraint for
the overall engagement with a number of institutions. Nevertheless, using
online platforms, combined with physical attendance at the workshops,
consultations were successfully conducted in three cities in Bosnia and
Herzegovina. What was recognised during the workshops was the need
for consultations to be conducted on a regular basis in order to regularly
update this instrument and to ensure the transfer of knowledge between
experts from the governmental and non-governmental sectors. In this
regard, it is proposed to create innovative tools such as online platforms
for monitoring UPR recommendations.

Human Rights Paper -- Paper 57

Sarajevo Open Centre; Podgaj 14, 71 000 Sarajevo, Bosnia and Herzegovina; (0) 33 551 000; office@soc.ba

7
APPENDIX - UNIVERSAL PERIODIC REVIEW RECOMMENDATIONS MONITORING INSTRUMENT
FOR CIVIL SOCIETY ORGANISATIONS IN BIH

Link to EU
Question Field 1 Field 2 Priority Institution Activities Indicator Status Resource
opinion

120.1 Take the necessary steps to bring the


Identify fields where the
legislation in line with the relevant decisions of
Discrimina- legislation is not harmon- Amended provisions
the European Court of Human Rights and the ECHR 4.f 1 MHRR
tion ised of the Constitution
decisions of the Constitutional Court of Bosnia
Submit initiatives;
and Herzegovina (Slovakia);
120.2 Establish a national mechanism to pre-
vent torture, in accordance with the Optional Select the OIBiH or other OI or other institution
Torture Ombudsman 10 1 PA BiH
Protocol to the Convention against Torture institution as the NPM acting as the NPM
(Chile);
120.4 Establish an effective national prevention
mechanism in accordance with the Optional Select the OIBiH or other OI or other institution
Torture Ombudsman 10 1 PA BiH
Protocol to the UN Convention against Torture institution as the NPM acting as the NPM
(Switzerland);
120.5 Strengthen human rights policy coordi-
Adopt a plan to monitor
nation with entity-level authorities to ensure Institutionali- Degree of implemen-
No 1 MHRR the implementation of the
greater harmonisation with international strate- sation tation of the plan
UPR recommendations
gies (Republic of Korea);
120.8 Establish a national mechanism for mon- Adopt a plan to monitor
Institutionali- Degree of implemen-
itoring the implementation of human rights No 1 MHRR the implementation of the
sation tation of the plan
recommendations (Azerbaijan); UPR recommendations
120.9 Make further and tangible progress in
improving civil and political rights, in particular
with regard to the enforcement of the decision Discrimina- Amend the Constitution Amended provisions
ECHR 4.f 1 PA BiH
of the European Court of Human Rights in the tion of BiH of the Constitution
case of Sejdić Finci and other similar sentences
(Czech Republic);
120.18 Strengthen activities aimed at the adop-
tion of a law guaranteeing independence in
the financing of the Ombudsman for Human
Rights and entrusting this institution with the Select the OI or other insti- OI or other institution
Ombudsman Torture 10 1 PA BiH
competences of the national preventive mech- tution as the NPM acting as the NPM
anism laid down in the Optional Protocol to
the United Nations Convention against Torture
(Poland);
120.19 Strengthen the independence of the
Select the OI or other insti- OI or other institution
Ombudsman Institution in accordance with the Ombudsman 10 1 PA BiH
tution as the NPM acting as the NPM
Paris Principles (Portugal);
Human
rights
training
guidelines
include
journalists
120.23 Continue to strengthen the capacity of
and media
institutions addressing serious organised crime,
Include human rights topics profession-
corruption and other challenges related to the 5% of all employees In the im-
Institutionali- Human rights HJPC, JPTC FBiH and in the annual programs of als, people
rule of law, including an adequate human rights 9 1 receive human rights plementa-
sation training JPTC RS institutions offering educa- with dis-
training system and continuous improvement training annually tion phase
tion services abilities...
of regional and international cooperation (In-
donesia); Action plan
for human
rights
training for
media pro-
fessionals
# cases in which
120.29 Develop a comprehensive rights-based claims for compen-
framework for the compensation of civilian Ensure decision-making on sation have been
victims of war, including war victims of sexual Transitional claims for compensation in decided on
5 1 MoJ BiH, PA BiH
violence, and ensure that the right to com- justice individual cases Establish a
pensation in civil and criminal proceedings is reparations mechanism % of realised granted
implemented in practice (Slovakia); claims for compen-
sation
# cases in which
120.33 Ensure full implementation of the laws claims for compen-
related to victims of war rape and sexual vi- Ensure decision-making on sation have been
olence. To ensure the equal status of victims Transitional claims for compensation in decided on
Torture 9 1 MoJ BiH, PA BiH
of war torture and all victims throughout the justice individual cases Establish a
territory and jurisdiction of Bosnia and Herze- reparations mechanism % of realised granted
govina (Finland); claims for compen-
sation
120.36 Ensure that conflict survivors have ac-
cess to justice by adopting and implementing
the National War Crimes Processing Strategy Transitional Institutionali- Implement the War Crimes Degree of implemen-
No 1 MoJ BiH
and meeting the needs of the most vulnerable justice sation Processing Strategy tation by years
displaced persons and refugees (the United
Kingdom of Great Britain and Northern Ireland);
120.40 Take all necessary measures to combat
discrimination against national, religious and
linguistic minorities, in particular with regard
to people who do not declare themselves Bos-
Discrimina- Amend the Constitution Amended provisions
niaks, Serbs or Croats, by removing discrimina- 4.f 1 PA BiH
tion of BiH of the Constitution
tory provisions from the Constitution, the Elec-
tion Law and other legislation and by enforcing
judgments of the European Court of Human
Rights, such as Sejdić-Finci. (Austria);
120.42 Amend the Constitution without fur-
ther delay to eliminate discrimination on the
grounds of ethnicity or nationality in public
Discrimina- Amend the Constitution Amended provisions
political life and access to employment in the 4.f 1 PA BiH
tion of BiH of the Constitution
public sector. This should be done in accor-
dance with the case law of the European Court
of Human Rights (Belgium);
120.45 Amend the Election Law as required by
the ruling of the Constitutional Court and the
constitutional principle of non-discrimination
Discrimina- Amend the Constitution Amended provisions
to ensure the full equality and legitimate repre- ECHR 4.f 1 PA BiH
tion of BiH of the Constitution
sentation of all constituent peoples at all levels,
in particular Croats as the smallest constituent
people (Croatia);
120.54 Adopt and implement laws that rec-
ognise same-sex partnerships and define the Draft analyses and pass regulations to regulate
LGBTI 13 1 Ministries of Justice
rights and obligations of same-sex couples same-sex unions
living in the same-sex unions (Iceland);
Implement the War Crimes # cases in which
120.65 Continue to extend measures aimed at Processing Strategy
claims for compen-
identifying missing persons as a result of armed sation have been
Decide on claims for com-
conflict, as well as measures aimed at establish- Transitional decided on
5 1 MHRR, HJCP pensation within existing
ing a national reparations program, including justice
proceedings
compensation for families of missing persons % of realised granted
(Argentina); claims for compen-
Establish a reparations
sation
mechanism
# cases in which
Decide on claims for com- claims for compen-
pensation within existing sation have been
120.66 Adopt a law on reparations and com-
Transitional proceedings decided on
pensation for war victims, including survivors of 5 1 MHRR, HJCP
justice
torture and sexual violence (France); Establish a reparations % of realised granted
mechanism claims for compen-
sation
# cases in which
Decide on claims for com- claims for compen-
120.67 Support war victims, in particular with pensation within existing sation have been
regard to acts of sexual violence, in proceed- Transitional MoJ BiH, free legal aid proceedings decided on
5 1
ings aimed at ensuring appropriate compensa- justice institutes
tion (Peru); Establish a reparations % of realised granted
mechanism claims for compen-
sation
120.69 Ensure access to justice for all war
Transitional Implement the War Crimes Degree of implemen-
crimes victims, including the proper implemen- 5 1 MHRR
justice Processing Strategy tation by years
tation of the Law on missing persons (Ukraine);
120.71 Increase efforts to combat corruption
by adopting and implementing legislation that
PA BiH, entity parlia-
prevents conflicts of interest and ensures trans- Corruption 7 1
ments
parent funding of parties in line with interna-
tional standards (Germany);
120.73 Ensure the abolition of the death penal- Imple-
Rule of law 10 1 -
ty in Bosnia and Herzegovina (Cyprus); mented
120.74 Establish a national mechanism for the Select the OI or other insti- OI or other institution
Torture 10 1 PA BiH
prevention of torture (Uruguay); tution as the NPM acting as the NPM
120.75 Guarantee the prohibition of torture by
establishing a national preventive mechanism
against torture in accordance with the Article Select the OI or other insti- OI or other institution
Torture 10 1 PA BiH
17 of the Optional Protocol to the Convention tution as the NPM acting as the NPM
against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment, (France);
120.76 Stop physical abuse of detainees, inves-
tigate all allegations of ill-treatment in a timely Select the OI or other insti- OI or other institution
Torture 10 1 Ombudsman
manner, and address poor conditions in police tution as the NPM acting as the NPM
stations and prisons (Australia);
BD law
model
Law model
developed
120.85 Take all measures necessary to ensure Ensure consistent appli-
Freedom of by the SOC
full respect of the right to freedom of expres- 12 1 MoIs cation of standards in this
expression SOC anal-
sion and association (Uruguay); field
yses
OSCE
Mission to
BiH
120.96 Remove restrictions on the right to free-
Ensure consistent appli-
dom of assembly and peaceful association and Freedom of
11 1 MoIs cation of standards in this
ensure that the laws comply with human rights assembly
field
standards (Switzerland);
120.98 Strengthen efforts to protect freedom of
peaceful assembly and expression, both online
and in reality, by creating a safe and favourable
Ensure consistent appli-
environment for civil society, human rights Freedom of Freedom of Prosecutor’s offices, the
12 1 cation of standards in this
defenders and journalists, and by ensuring that expression assembly Police, MoIs
field
any attack against them or their family mem-
bers is properly investigated and perpetrators
brought to justice (Lithuania);
120.99 Guarantee freedom of expression and
media freedom and protection of journalists, Ensure consistent appli-
Freedom of Prosecutor’s offices, the
in particular by ensuring an appropriate judi- 12 1 cation of standards in this
expression Police, MoIs
cial epilogue to cases of threats and violence field
against journalists and media workers (Greece);
120.100 Guarantee the existence of free and
independent media and promote an open Ensure consistent appli-
Freedom of
democratic media scene in terms of freedom of 12 1 All cation of standards in this
expression
opinion and expression, as well as the right to field
access the information (Sweden);
120.101 Intensify efforts to investigate threats
Ensure consistent appli-
and attacks against journalists and take mea- Freedom of Prosecutor’s offices, the
12 1 cation of standards in this
sures to ensure the safety of journalists and expression Police
field
media workers (Norway);
120.103 Strengthen the independence of the
Transitional Implement the War Crimes Degree of implemen-
judicial system to meet international standards 4.c 1 HJPC
justice Processing Strategy tation by years
in war crimes prosecutions (Angola);
120.106 Take all necessary measures to pro-
mote intercultural dialogue, tolerance and
understanding between different communities, Transitional
6 1 MHRR; IRC
including by providing a positive environment justice
for reconciliation, in order to protect and in-
volve all vulnerable groups (Italy);
120.112 Make necessary amendments to the
Election Law to ensure the equality of the con- Amend the Constitution Amended provisions
Right to vote 4.f 1 PA BiH
stituent peoples and other national minorities of BiH of the Constitution
at all levels (Chile);
120.113 Amend the Election Law in accordance
with the ruling of the Constitutional Court to
Amend the Constitution Amended provisions
guarantee full equality of all constituent peo- Right to vote 4.f 1 PA BiH
of BiH of the Constitution
ples at all political and administrative levels
(Malta);
120.114 Amend the Election Law to better
Amend the Constitution Amended provisions
reflect the concept of equality of all constituent Right to vote 4.f 1 PA BiH
of BiH of the Constitution
peoples (Holy See);
120.115 Create policies and strategies to
promote and protect the rights of national
National Amend the Constitution
minorities to enable their full participation in Right to vote 13 1 MHRR, NMCs
Minorities of BiH
civic and political activities, especially in general
elections (Indonesia);
120.116 Introduce an electoral system that
guarantees all citizens equal enjoyment of their
Amend the Constitution Amended provisions
rights, regardless of their nationality, and ap- Right to vote 4.f 1 PA BiH
of BiH of the Constitution
ply to it the decision of the European Court of
Human Rights (Switzerland);
120.117 Consistently implement the decisions
of the Constitutional Court guaranteeing the
Amend the Constitution Amended provisions
full equality of all constituent peoples at all Right to vote 4.f 1 PA BiH
of BiH of the Constitution
political and administrative levels, including
elections (Lithuania);
120.118 Strengthen efforts to ensure equal
rights for all citizens and enable political repre- Amend the Constitution Amended provisions
Right to vote 4.f 1 PA BiH
sentation in a manner that fully reflects the rich of BiH of the Constitution
ethnic diversity of the country (Greece);
120.119 Take steps to amend national legis-
Amend the Constitution Amended provisions
lation to ensure equal electoral rights for all Right to vote 4.f 1 PA BiH
of BiH of the Constitution
citizens, regardless of their nationality (Ukraine);
120.120 Adopt amendments to the Election
Law to ensure the political participation of all
citizens at all levels of government, regardless
of nationality, in compliance with the judg- Amend the Constitution Amended provisions
Right to vote 4.f 1 PA BiH
ments of the European Court of Human Rights of BiH of the Constitution
and national courts, including elections in
Mostar (United Kingdom of Great Britain and
Northern Ireland);
120.129 Provide access to healthcare for chil-
Healthcare No 1 Ministries of Health
dren with special needs (Iraq);
120.130 Strengthen efforts to improve health
services and address universal healthcare issues Healthcare No 1 Ministries of Health
(Maldives);
120.133 Take further steps to implement mea-
sures aimed at guaranteeing the right to ed- Abolish the practice of spa-
Discrimina- % of schools in which there is no
ucation in an inclusive manner, eliminating all Education 9 1 Ministries of education tial separation of children
tion spatial separation of children
types of practices that may cause segregation in schools
or assimilation of minority groups (Argentina);
Abolish the practice of spa-
120.136 Eliminate the “two schools under one Discrimina- % of schools in which there is no
Education 9 1 Ministries of education tial separation of children
roof” and support multinational schools (Spain); tion spatial separation of children
in schools
120.137 Continue efforts to improve the quality
of education by preventing ethnic segregation Abolish the practice of spa-
Discrimina- % of schools in which there is no
in formal education by applying anti-discrim- Education 9 1 Ministries of education tial separation of children
tion spatial separation of children
ination approaches based on standards and in schools
practices of the Council of Europe
120.142 Take necessary measures to eradicate
ethnic segregation in education, including a
Abolish the practice of spa-
revision of the “two schools under one roof” Discrimina- % of schools in which there is no
Education 9 1 Ministries of education tial separation of children
system and redouble efforts to increase the tion spatial separation of children
in schools
integration of Roma children into schools (Mex-
ico);
120.144 Take measures to stop segregation in
the education system and ensure equal access Abolish the practice of spa-
% of schools in which there is no
to quality education for all, including national Education Minorities 9 1 Ministries of education tial separation of children
spatial separation of children
minorities and children with disabilities (Nor- in schools
way);
Violence
120.156 Guarantee effective protection for Gender Support the work of multi-
against wom- 9 1 MoIs
women victims of violence (France) equality disciplinary teams
en
120.180 Harmonise national legislation with the
UN Convention on the Rights of Persons with
Disabilities, including the adoption of a har- Persons with Institutionali- Develop a priority analysis
13 1 MHRR
monised concept of disability and legal mea- disabilities sation for harmonisation
sures to combat discrimination on the grounds
of disability (Brazil);
120.193 Make the necessary constitutional
changes to stop discrimination against minori- Discrimina- Amend the Constitution Amended provisions
Minorities 4.f 1 PA BiH
ties in enjoying their right to full political partic- tion of BiH of the Constitution
ipation (Australia);
120.197 Remove barriers that prevent nation-
al minorities from effectively exercising their
Institutionali- Amend the Constitution Amended provisions
political rights and bring the Constitution into Minorities 4.f 1 PA BiH
sation of BiH of the Constitution
line with the European Convention on Human
Rights (Norway);
120.198 Consider the possibilities of reforming
the electoral system to allow the participation
Amend the Constitution Amended provisions
of national minorities, in particular the Roma, Minorities 4.f 1 PA BiH
of BiH of the Constitution
and to ensure a genuine equal representation
of the constituent peoples (Peru);
120.200 Amend all necessary laws to enforce
binding international decisions on ethnic dis- Amend the Constitution Amended provisions
ECHR Minorities 4.f 1 PA BiH
crimination against national minorities in politi- of BiH of the Constitution
cal participation (Poland);
120.201 Take appropriate measures to ensure
that refugees and migrants have effective ac- Ensure conditions for all migrants to receive ade-
Migrants 8 1 MoS BiH
cess to international protection in accordance quate support and assistance;
with international standards (Afghanistan);
120.202 Ensure humane and legal conditions
for the detention and accommodation of mi-
grants, including the application of adequate
Trafficking
procedures, supervisory mechanisms and ef- Ensure conditions for all migrants to receive ade-
Migrants in human 8 1 MoS BiH
fective coordination within the government, in quate support and assistance;
beings
particular to prevent the trafficking and abuse
of women and girls (the United Kingdom of
Great Britain and Northern Ireland);
Ensure conditions for all
120.203 Make every effort to address the situa-
migrants to receive ade-
tion of migrants and asylum seekers by improv-
quate support and assis-
ing entry requirements and, in particular, by
Migrants 8 1 MoS BiH; MoJ BiH tance;
prohibiting the deprivation of the liberty of un-
All people with refugee
accompanied minors and ensuring their access
status and persons under
to education and health services (Uruguay);
subsidiary protection
120.204 Promote stable social and economic
growth taking into account the cultural, social
and spiritual needs of the population, in order Ensure conditions for all migrants to receive ade-
Migrants 8 1 MHRR
to limit the occurrence of migration while en- quate support and assistance;
couraging the return of refugees and displaced
persons (Holy See);
120.205 Improve entry requirements for in-
creased housing capacity of asylum seekers and Ensure conditions for all migrants to receive ade-
Migrants 8 1 MoS BiH, MHRR
migrants, including housing that will provide quate support and assistance;
protection to vulnerable categories (Honduras);
120.207 Take measures to ensure that all chil-
dren born in the country are registered at birth,
MoS BiH, MCA BiH (Sec- Ensure conditions for all migrants to receive ade-
to prevent statelessness and to have access to Migrants Education 8 1
tor for Statelessness?) quate support and assistance;
quality education on an equal and non-discrim-
inatory basis, regardless of ethnicity (Brazil);
120.3 Redouble efforts to combat hate speech,
% of resolved reports
pursuant to Articles 12 and 20 of the Interna- Discrimina- Police and prosecutor’s Investigate and identify
Hate speech 9 2 in prosecutor’s offic-
tional Covenant on Civil and Political Rights tion offices hate speech offenders
es in BiH
(Honduras);
120.7 Consider the adoption of the National
Adopt a comprehensive
Human Rights Action Plan and allocate ade- Institutionali- Degree of implemen-
No 2 MHRR, PA BiH Strategic Framework on
quate resources for its implementation (Repub- sation tation of the plan
Human Rights (EC)
lic of Moldova);
120.10 Strengthen the National Institution for Adopt amendments to the
The ICC confirms the
the Promotion and Protection of Human Rights, Law on the Ombudsman
Ombudsman No 2 PA BiH accreditation of the
in compliance with the Paris Principles (Sene- Institution in line with the
OI in status A
gal); ICC findings
120.11 Examine the possibility of consoli-
Adopt a comprehensive
dating a wide range of national action plans Institutionali- Degree of implemen-
No 2 MHRR Strategic Framework on
into a comprehensive human rights strategy sation tation of the plan
Human Rights (EC)
(Ukraine);
Adopt amendments to the
120.12 Accelerate the adoption of amendments The ICC confirms the
Law on the Ombudsman
to the Law on the Human Rights Ombudsman Ombudsman No 2 PA BiH accreditation of the
Institution in line with the
(Georgia); OI in status A
ICC findings
120.13 Strengthen efforts to ensure that the Adopt amendments to the
The ICC confirms the
Ombudsman Institution has sufficient resources Law on the Ombudsman
Ombudsman No 2 PA BiH accreditation of the
to work effectively in compliance with the Paris Institution in line with the
OI in status A
Principles (Afghanistan); ICC findings
120.14 Ensure that the Ombudsman Institution Adopt amendments to the
The ICC confirms the
is provided with the financial and human re- Law on the Ombudsman
Ombudsman No 2 PA BiH accreditation of the
sources necessary for its efficient functioning Institution in line with the
OI in status A
(Ireland); ICC findings
120.15 Strengthen efforts to ensure that the
Adopt amendments to the
Ombudsman Institution has the financial in- The ICC confirms the
Law on the Ombudsman
dependence and human resources needed to Ombudsman No 2 PA BiH accreditation of the
Institution in line with the
function efficiently in compliance with the Paris OI in status A
ICC findings
Principles (Greece);
120.16 Provide the Ombudsman Institution Adopt amendments to the
The ICC confirms the
with sufficient financial and human resources Law on the Ombudsman
Ombudsman No 2 PA BiH accreditation of the
to act effectively and independently, in compli- Institution in line with the
OI in status A
ance with the Paris Principles (Niger); ICC findings
Adopt amendments to the
120.17 Ensure financial independence of the The ICC confirms the
Law on the Ombudsman
Ombudsman Institution, in compliance with the Ombudsman No 2 PA BiH accreditation of the
Institution in line with the
Paris Principles (North Macedonia); OI in status A
ICC findings
Include human rights topics
5% of all employees In the im-
120.20 Improve education on human rights and Human rights in the annual programs of
Torture 9 2 Ministries of Justice receive human rights plementa-
accountability of prison officers (United States); training institutions offering educa-
training annually tion phase
tion services
Include human rights topics
in the annual programs of
institutions offering educa-
tion services (annual plans
and training programs in
police agencies)

Strengthening disciplinary
sanctions related to dis-
crimination, regulated as a
more severe form of official
duty
120.21 Provide training for law enforcement
and judicial officials on combating discrimina- Programs supported by 5% of all employees In the im-
Discrimina- Human rights Police academies, JPTC
tion, hate speech and acts of violence based on 9 2 international organisations receive human rights plementa-
tion training FBiH and JPTC RS
the sexual orientation and gender identity of (Council of Europe), judicial training annually tion phase
victims (Denmark); police, police officers

Offices of Citizen Com-


plaints - civil monitoring
of the work of the police,
independent committees
for the assessment of the
police commissioner

Promoting the vocation


of the police as a vocation
that is available to both
sexes
120.22 Intensify existing efforts to sensitize and Include human rights topics
Police academies, JPTC 5% of all employees In the im-
train authorities to combat discrimination on Human rights in the annual programs of
LGBTI 9 2 FBiH and JPTC RS and receive human rights plementa-
the grounds of sexual orientation and gender training institutions offering educa-
CSA/CAA training annually tion phase
(Malta); tion services
120.24 Continue efforts to intensify education
Institutionali- Human rights Establish principles for hu-
programs in line with human rights standards 9 2 MCA BiH, APOSO BiH Principles adopted
sation training man rights training in BiH
(Jordan);
120.25 Promote and integrate human rights Institutionali- Human rights Establish principles for hu-
9 2 MCA BiH, APOSO BiH Principles adopted
culture into school curricula (Jordan); sation training man rights training in BiH
120.26 Design special education and aware- Include human rights topics
5% of all employees In the im-
ness-raising programs for civil servants in the Institutionali- Human rights Police academies, JPTC in the annual programs of
9 2 receive human rights plementa-
security forces and members of the judiciary sation training FBiH and JPTC RS institutions offering educa-
training annually tion phase
(Spain); tion services
Include human rights topics
120.27 Continue to strengthen the capacity Police academies, JPTC 5% of all employees In the im-
Institutionali- Human rights in the annual programs of
of government officials in the field of human 9 2 FBiH and JPTC RS and receive human rights plementa-
sation training institutions offering educa-
rights (Jordan); CSA/CAA training annually tion phase
tion services
120.28 Develop a Human Rights Action Plan to Adopt a comprehensive
Institutionali- Degree of implemen-
strengthen the promotion and protection of No 2 MHRR Strategic Framework on
sation tation of the plan
human rights in the country (Maldives); Human Rights (EC)
120.30 Provide more financial and human re-
sources to complete the prosecution of war
crimes committed between 1992 and 1995, in Transitional Implement the War Crimes Degree of implemen-
5 2 HJPC
particular lower-ranking perpetrators, and shed justice Processing Strategy tation by years
light on the fate of persons still listed as miss-
ing (Australia);
120.31 Strengthen the professionalism and in-
dependence of the judicial system and improve
the level of expertise of prosecutors’ offices Transitional Adopt amendments to the
Rule of law 5 2 HJPC
and courts, in order to ensure the application justice Law on the HJPC of BiH
of European and international standards in the
prosecution of war crimes (Croatia);
120.32 Take further steps in reconciliation at
the state and regional levels, inter alia, by sup-
porting a civil society-supported initiative to
establish a regional truth commission known Transitional
5 2 MoJ BiH, PA BiH
as RECOM, adopting a revised National War justice
Crimes Processing Strategy, enacting the Tor-
ture Victim Protection Act and implementing
the Law on missing persons (Czech Republic);
120.34 Provide justice to war crimes victims and
the adoption and implementation of a revised Transitional Implement the War Crimes Degree of implemen-
No 2 MoJ BiH
National War Crimes Processing Strategy (Ger- justice Processing Strategy tation by years
many);
120.35 Strengthen the expertise of staff and the
independence of the judicial system to ensure Transitional Human rights Implement the War Crimes Degree of implemen-
5 2 JPTC FBiH and JPTC RS
the application of international standards in justice training Processing Strategy tation by years
war crimes processing (Lithuania);
120.37 Continue to strengthen the protection
Include human rights topics
of the rights of all citizens, in particular by en- JPTC FBiH and JPTC RS, 5% of all employees In the im-
Discrimina- Gender in the annual programs of
suring the implementation of the Law on Prohi- 9 2 Agency and gender receive human rights plementa-
tion equality institutions offering educa-
bition of Discrimination and the Law on Gender centres... training annually tion phase
tion services
Equality (Slovakia);
120.38 Continue efforts to develop a com-
prehensive strategy in the field of protection
Adopt a comprehensive
and promotion of human rights and the fight Institutionali- Discrimina- Degree of implemen-
No 2 MHRR Strategic Framework on
against discrimination, including the establish- sation tion tation of the plan
Human Rights (EC)
ment of an appropriate human rights system
(Yemen);
120.39 Address the issue of widespread dis-
crimination against persons with disabilities,
Discrimina- Implement existing plans in Degree of implemen-
the elderly and minorities - especially the Roma 9 2 MHRR
tion these fields tation by years
- in order to promote the full exercise and
enjoyment of their rights (Australia);
120.41 Redouble efforts to combat hate
speech, as well as physical and verbal attacks % of resolved reports
Police and prosecutor’s Investigate and identify
and to protect the vulnerable, especially mem- Hate speech 9 2 in prosecutor’s offic-
offices hate speech offenders
bers of ethnic groups and religious minorities es in BiH
(Bangladesh);
120.43 In cooperation with civil society, devel-
Adopt a comprehensive
op a strategy to combat discrimination at the Institutionali- Discrimina- Degree of implemen-
No 2 MHRR Strategic Framework on
national level, which would also cover discrimi- sation tion tation of the plan
Human Rights (EC)
nation against LGBTI people (Belgium);
120.44 Develop a plan to harmonise national
Institutionali- Discrimina- Degree of implemen-
legislation on discrimination on the grounds of 9 2 MHRR Adopt an LGBTI Action Plan
sation tion tation of the plan
sexual orientation or gender identity (Chile);
120.47 Eliminate social exclusion and all forms Discrimina- All competent institu-
13 2 Implement existing plans
of discrimination (Czech Republic); tion tions
120.48 Continue to implement and strengthen
initiatives aimed at eliminating discrimination Implement existing plans in
Discrimina- MHRR, Agency and gen-
against all persons, including women, persons 13 2 these fields
tion der centres…
with disabilities, national minorities and the Adopt an LGBTI Action Plan
LGBTI community (Fiji);
120.49 Improve the institutional and consti- Amendments to the
Institutionali- Discrimina- Amend the Constitution
tutional framework to ensure equality and 9 2 PA BiH Constitution pub-
sation tion of BiH
non-discrimination among citizens (France); lished
120.50 Ensure the right to equality and
Institutionali- Discrimina- Amend the Constitution Degree of implemen-
non-discrimination for all citizens of Bosnia and 9 2 PA BiH
sation tion of BiH tation of the plan
Herzegovina (Netherlands);
120.52 Promote mutual solidarity in an atmo-
sphere of peaceful and civic coexistence, taking Transitional Provide financial support to
9 2 IRC BiH
into account the multi-ethnic and multireligious justice IRC BiH
composition of the country (Holy See);
120.53 Ensure equal opportunities for women
and men in the labour market by adopting
family strategies aimed at achieving gender
equality and adequate work-life balance for Gender Plan measures related to the harmonisation of GEA BiH
9 2 GIM
both women and men, reducing and eliminat- equality private and professional life research
ing the gender pay gap, and ensuring access to
necessary social health care services for new-
borns and their parents (Iceland);
120.55 Continue to support gender equality, % of activities fi-
Gender Ensure financing of GAP
especially through the GAP program for the 9 2 Agency, gender centres nanced from the
equality BiH from public budgets
period 2018-2022 (Oman); public budget
120.56 Continue initiatives to increase the so-
cial inclusion of vulnerable groups and family Inclusion 13 2 All Implement existing plans
protection (Pakistan);
120.57 Continue efforts to combat intolerance,
Discrimina- CRA BiH, PCBiH, the Po- Sanction violations of exist-
hate speech and all forms of discrimination 9 2
tion lice, prosecutor’s offices ing regulations
(Qatar);
120.58 Take concrete measures to ensure the
effective implementation of the Law on Prohibi- Trafficking
Discrimina-
tion of Discrimination and the implementation in human 9 2 MHRR, MoS BiH
tion
of the National Action Plan to Counter Traffick- beings
ing in Human Beings (Republic of Korea);
120.59 Redouble efforts to combat hate % of resolved reports
Discrimina- Prosecutor’s offices, the Investigate and identify
speech, propaganda and justification of racial Hate speech 9 2 in prosecutor’s offic-
tion Police hate speech offenders
or religious superiority (Uruguay); es in BiH
120.60 Fight against ethnic divisions, including % of resolved reports
Discrimina- Investigate and identify
condemnations of the political rhetoric that Hate speech 9 2 - in prosecutor’s offic-
tion hate speech offenders
emphasizes them (Canada); es in BiH
120.61 Strengthen efforts to combat hate
speech in the media and continue to make
% of resolved reports
progress in harmonising the legal framework to Discrimina- Investigate and identify
Hate speech 9 2 CRA BiH, PCBiH in prosecutor’s offic-
prohibit any form of discrimination, including tion hate speech offenders
es in BiH
discrimination on the grounds of nationality
and colour (Mexico);
120.62 Strengthen measures to prevent hate % of resolved reports
Discrimina- CRA BiH, PCBiH, the Po- Investigate and identify
speech and incitement to racial, ethnic and Hate speech 9 2 in prosecutor’s offic-
tion lice, prosecutor’s offices hate speech offenders
religious hatred (Myanmar); es in BiH
% of resolved reports
120.63 Continue efforts to combat discrimina- Discrimina- Investigate and identify
Hate speech 9 2 MHRR in prosecutor’s offic-
tion and hate speech (Tunisia); tion hate speech offenders
es in BiH
120.64 Implement programs and activities to
% of resolved reports
stop hate speech at all levels, to accelerate the MHRR, Ministries of Investigate and identify
Hate speech 9 2 in prosecutor’s offic-
integration of returnees in order to promote displaced persons hate speech offenders
es in BiH
peaceful coexistence (Turkey);
120.68 Ensure that the free legal aid mecha-
nism operates throughout the country for all
Transitional Check where there is Provide support to survivors of sexual violence during the war
vulnerable citizens, including those who have Free legal aid 5 2
justice none based on the model of free legal aid in the MJ BiH
been victims of sexual violence during the war
(Senegal);
120.70 Take a commitment at the state level
in accordance with the principles of the Unit-
Institutionali- Degree of implemen-
ed Nations on business and human rights by No 2 MHRR ?
sation tation of the plan
adopting a National Action Plan for Business
and Human Rights (Spain);
120.77 Continue efforts at the state level to
combat trafficking in human beings, especially Trafficking
Implement the existing Degree of implemen-
women and children, and provide the necessary in human No 2 MoS BiH
Strategy tation by years
care to victims of trafficking in human beings beings
(Egypt);
120.78 Improve efforts to combat trafficking in Trafficking
Implement the existing Degree of implemen-
human beings through the effective implemen- in human No 2 MoS BiH
Strategy tation by years
tation of the relevant Action Plan (Georgia); beings
Trafficking
120.79 Intensify efforts to combat trafficking in Implement the existing Degree of implemen-
in human No 2 MoS BiH
human beings (Iraq); Strategy tation by years
beings
120.80 Take further action to combat trafficking Trafficking
Implement the existing Degree of implemen-
in human beings, in particular trafficking in chil- in human No 2 MoS BiH
Strategy tation by years
dren (Myanmar); beings
Trafficking
120.81 Strengthen efforts to combat trafficking Implement the existing Degree of implemen-
in human No 2 MoS BiH
in human beings (Peru); Strategy tation by years
beings
120.82 Further strengthen capacity building Trafficking
Implement the existing Degree of implemen-
activities and awareness campaigns about com- in human No 2 MoS BiH
Strategy tation by years
bating trafficking in human beings (Philippines); beings
120.83 Continue efforts to combat trafficking
Trafficking
in human beings, ensure the rights of victims Implement the existing Degree of implemen-
in human No 2 MoS BiH
and provide them with assistance and support Strategy tation by years
beings
(Qatar);
120.84 Investigate allegations of crimes against
journalists and hold perpetrators accountable, % of resolved reports
Freedom of Prosecutor’s offices, the Investigate and identify
including in relation to acts of intimidation or 12 2 in prosecutor’s offic-
expression Police attacks on journalists
retaliation against journalists and the media es in BiH
(United States);
120.86 Ensure effective protection of human
% of resolved reports
rights defenders and journalists so that they Human rights Prosecutor’s offices, the Investigate and identify
12 2 in prosecutor’s offic-
do not experience intimidation or repression defenders Police attacks on journalists
es in BiH
(Uruguay);
120.87 Guarantee media freedom and the
protection of journalists and media workers, % of resolved reports
Freedom of Prosecutor’s offices, the Investigate and identify
especially women, in particular by ensuring an 12 2 in prosecutor’s offic-
expression Police attacks on journalists
appropriate judicial epilogue in the event of es in BiH
threats and violence against them (Austria);
120.88 Take all necessary measures to ensure
freedom of expression and freedom of assem- Ensure consistent imple-
Freedom of Freedom of
bly and association in accordance with the 11 2 MoIs mentation of standards in
expression assembly
International Covenant on Civil and Political this field
Rights (Belgium);
120.89 Ensure media freedom by conduct-
ing timely investigations and prosecuting
% of resolved reports
perpetrators of attacks, intimidation, threats Freedom of Prosecutor’s offices, the Investigate and identify
12 2 in prosecutor’s offic-
or other crimes against journalists, including expression Police attacks on journalists
es in BiH
gender-based acts or acts committed online
(Canada);
120.91 End threats, political pressure and at-
% of resolved reports
tacks on journalists and enable the enjoyment Freedom of Freedom of Prosecutor’s offices, the Investigate and identify
12 2 in prosecutor’s offic-
of freedom of assembly and expression (Czech expression assembly Police, MoIs attacks on journalists
es in BiH
Republic);
120.92 Take all necessary measures to protect
and promote civic space, both online and in % of resolved reports
Human rights Prosecutor’s offices, the Investigate and identify
reality, and provide a safe and suitable environ- 12 2 in prosecutor’s offic-
defenders Police, MoIs attacks on journalists
ment for human rights defenders and activists es in BiH
(Estonia);
120.93 Ensure an adequate judicial epilogue of % of resolved reports
Freedom of Prosecutor’s offices, the Investigate and identify
cases of threats and violence against journalists 12 2 in prosecutor’s offic-
expression Police attacks on journalists
and media workers (Estonia); es in BiH
120.94 Guarantee freedom of expression and
freedom of the media by ensuring the collec-
tion of data at the state level and appropriate % of resolved reports
Freedom of Prosecutor’s offices, the Investigate and identify
judicial epilogues in cases of threats and 12 2 in prosecutor’s offic-
expression Police attacks on journalists
violence against journalists and media profes- es in BiH
sionals, and by combating the intimidation they
face (France);
120.95 Ensure appropriate judicial epilogues of % of resolved reports
Freedom of Prosecutor’s offices, the Investigate and identify
violence, threats and political pressure on jour- 12 2 in prosecutor’s offic-
expression Police attacks on journalists
nalists and media workers (Netherlands); es in BiH
120.97 Respect the right to freedom of expres-
% of resolved reports
sion and the press and effectively investigate all Freedom of Prosecutor’s offices, the Investigate and identify
12 2 in prosecutor’s offic-
cases of violence against journalists to combat expression Police attacks on journalists
es in BiH
impunity (Switzerland);
120.102 Revise current laws governing the right
to peaceful assembly by lifting general bans % of resolved reports
Freedom of Investigate and identify
on certain venues and criminal penalties for 11 2 MoIs in prosecutor’s offic-
assembly attacks on journalists
organisers who do not follow administrative es in BiH
procedures (United States);
120.104 Ensure the independence of the judi-
ciary, including the High Judicial and Prosecu-
Adopt amendments to the
torial Council, in particular by sanctioning in- Rule of law 6 2 HJPC
Law on the HJPC
dividuals who do not respect its independence
(Austria);
120.105 Ensure that the judiciary can perform Adopt amendments to the
Rule of law 4.c 2 HJPC
its functions independently (Israel); Law on the HJPC
120.107 Ensure access to justice for every citi-
zen, including by providing free legal aid to the Check where there is
Rule of law Corruption 9 2 Evaluate the existing free legal aid system
most vulnerable groups and the full implemen- none
tation of anti-corruption policies (Italy);
120.108 Ensure that the relevant anti-corrup-
Strengthen the capacities of APIC and other bodies
tion institutions are independent and have Corruption 7.b 2 APIC
(commissions, offices and bodies)
adequate resources (Sweden);
120.109 Continue efforts to eliminate bribery
Corruption 7 2 APIC, prosecutor’s offices
and impunity (Oman);
120.110 Consider taking measures aimed at
Institutionali- Continue to implement the Degree of implemen-
ensuring greater efficiency and accountability 4.g 2 PARCO
sation PAR strategy tation by years
of public services (Azerbaijan);
120.111 Strengthen measures to enable the
registration of girls and boys born abroad or Migrant
8 2 MoS BiH
whose parents are migrants or asylum seekers rights
(Mexico);
120.123 Continue strengthening policies in the
field of economic, social and cultural rights,
ESCR 13 2 All
especially for vulnerable groups (Venezuela
(Bolivarian Republic));
120.124 Continue its successful social programs
to combat poverty and inequality, in order to
Inclusion 13 2 All
provide the population with the best possible
quality of life (Venezuela (Bolivarian Republic));
120.125 Continue to promote sustainable
economic and social development in order to
improve the living standard and build a solid ESCR 13 2 All
foundation for the enjoyment of all human
rights (China);
120.126 Continue to implement initiatives to
improve the right to fair housing (Brunei Darus- Housing No 2 Competent ministries
salam);
120.127 Adopt and implement a general strat-
egy to combat air pollution which affects the
4gen Ne 2 Competent ministries
enjoyment of the right to health, especially of
children and the elderly (Canada);
Regulations on inclusive
120.131 Strengthen efforts to ensure inclusive education % of children in-
and quality access to education for children Education 13 2 Ministries of Education volved in inclusive
Individual plans
(Afghanistan); education
Assistants
120.132 Provide access to education and en-
sure the right to education for minority groups Education Minorities 13 2 Ministries of Education
(Angola);
120.134 Provide access to education for all
children and protect their right to study their
Discrimina-
mother tongue in an inclusive and tolerant Education 9 2 Ministries of Education
tion
education system that will prevent assimilation
(Bulgaria);
120.135 Provide constituent peoples with
access to education and protect the right to
Discrimina-
education in their mother tongue, in a tolerant Education 5 2 Ministries of Education
tion
and inclusive education system that will prevent
assimilation (Croatia);
120.138 Introduce education on human rights
and gender equality, as well as comprehensive
Ministries of Education, Adopt principles on human
sexual education of children and young people Education Healthcare 9 2
APOSO rights training
in the formal and non-formal education system
(Iceland);
120.139 Continue to implement all measures
guaranteeing access to education for all chil- Discrimina-
Education 9 2 Ministries of Education
dren without discrimination on any grounds tion
(India);
120.140 Strengthen access to education at all Discrimina-
Education 13 2 Ministries of Education
levels, for all (Israel); tion
120.141 Take measures to strengthen the inclu-
siveness of the education system by providing
Education Minorities 13 2 Ministries of Education
access to education for Roma children and
children with disabilities (Italy);
120.143 Continue to take measures to ensure
equal access to education by adhering to the
Education Inclusion 13 2 Ministries of Education
principles of inclusion and providing free and
compulsory education for children (Nepal);
120.145 Continue to provide free and compul-
sory education for all children under the age of Education No 2 Ministries of Education
16 (Oman);
120.146 Completely implement the provisions
of the UNESCO Treaties promoting the access
of all citizens and their participation in cultural
Culture No 2 Ministries of Culture
heritage and creative expression and which, as
such, contribute to the realisation of the right
to participate in cultural life (Cyprus);
120.147 Continue to promote gender equality
Conduct campaigns aimed
and take measures to support the economic Gender Number of cam-
9 2 GIM at eliminating gender ste-
empowerment of women, inter alia by improv- equality paigns
reotypes
ing their access to the financial system (Austria);
% of activities fi-
120.148 Take further measures to ensure wom- Gender Ensure financing of GAP
9 2 GIM nanced from the
en’s empowerment (Azerbaijan); equality BiH from public budgets
public budget
120.149 Continue to improve the implementa-
% of activities fi-
tion of the Gender Action Plan, 2018-2022, in Gender Ensure financing of GAP
9 2 GIM nanced from the
order to achieve gender equality in all areas of equality BiH from public budgets
public budget
economic, political and social life (Cuba);
120.150 Continue to take measures to devel-
% of activities fi-
op institutional capacities for gender equality Gender Ensure financing of GAP
9 2 GIM nanced from the
and ensure the adoption of legal provisions to equality BiH from public budgets
public budget
guarantee women’s rights (Libya);
% of activities fi-
120.151 Continue efforts to strengthen gender Gender Ensure financing of GAP
9 2 GIM nanced from the
equality (Tunisia); equality BiH from public budgets
public budget

120.152 Continue to ensure the effective im- Provide funding for the AP
plementation of the Action Plan for the Devel- in the FBiH
Gender
9 2 Ministry of FBiH
opment of Women’s Entrepreneurship in the equality Adopt the appropriate AP
period 2018-2020 (Philippines);
for RS and BD
Violence Amend LoGE; CC FBiH and CC BD, assess the com-
120.153 Harmonise national laws with the Is- Gender
against wom- 9 2 Entity parliaments pliance of the RS Criminal Code with the Conven-
tanbul Convention (Spain); equality
en tion
120.154 Ensure that the laws related to pro- Violence Amend LoGE; CC FBiH and CC BD, assess the com-
Gender
tection against domestic violence fully comply against wom- 9 2 Entity parliaments pliance of the RS Criminal Code with the Conven-
equality
with the Istanbul Convention (Denmark); en tion
120.155 Continue efforts to harmonise legisla-
Violence Amend LoGE; CC FBiH and CC BD, assess the com-
tion with the Istanbul Convention on Prevent- Gender
against wom- 9 2 Entity parliaments pliance of the RS Criminal Code with the Conven-
ing and Combating Violence against Women equality
en tion
and Domestic Violence (Estonia);
120.157 Strengthen the capacity of centres
for social work, police and health centres to Violence
Gender Ministries in the field of Support the work of multi-
respond to cases of sexual and gender-based against wom- 9 2
equality social protection disciplinary teams
violence, including domestic violence (Hondu- en
ras);
Violence
120.158 Continue efforts to eliminate all forms Gender Support the work of multi-
against wom- 9 2 All
of violence against women and children (Iraq); equality disciplinary teams
en
120.159 Ensure that national legislation is har-
monised with the standards set by the Istanbul Violence Amend LoGE; CC FBiH and CC BD, assess the com-
Gender
Convention on Preventing and Combating against wom- 9 2 Entity parliaments pliance of the RS Criminal Code with the Conven-
equality
Violence against Women and Domestic Vio- en tion
lence (Ireland);
Violence
120.160 Improve access to justice for victims of Gender Strengthen the capacity of police agencies and
against wom- 9 2 Judiciary
domestic violence (Israel); equality judicial institutions through training;
en
120.161 Fully harmonise national legislation
with the Istanbul Convention by providing Violence Amend LoGE; CC FBiH and CC BD, assess the com-
Gender
appropriate material, psychological or legal against wom- 9 2 Entity parliaments pliance of the RS Criminal Code with the Conven-
equality
support to women victims of domestic violence en tion
(North Macedonia);
120.162 Take further actions to strengthen Violence
Gender
measures to combat and prevent domestic against wom- 9 2 GIM, Ministry of Family, Youth and Sports of the RS
equality
violence (Philippines); en
120.163 Adopt amendments to all laws on the
government in Bosnia and Herzegovina to
ensure a minimum representation of women Gender
Right to vote 9 2 Parliaments Consider amending the laws on the government
in government and ministerial positions with equality
a quota of 40% in accordance with the Law on
Gender Equality (Slovenia);
120.164 Implement the National Action Plan
on Gender Equality and take action to improve % of activities fi-
Gender Institutionali- Ensure financing of GAP
women’s rights and empower women by ensur- 9 2 GIM nanced from the
equality sation BiH from public budgets
ing their significant participation in all political public budget
and economic processes (Germany);
120.166 Ensure harmonisation of domestic
violence legislation and continue to strength- Violence Amend LoGE; CC FBiH and CC BD, assess the com-
Gender
en referral mechanisms to provide protection against wom- 9 2 Entity parliaments pliance of the RS Criminal Code with the Conven-
equality
and support for victims of domestic violence en tion
(Iceland);
120.168 Ensure that the Election Law is amend-
Gender
ed to promote the representation of women at Right to vote 9 2 PA BiH, GIM Consider adopting amendments to the Election Law
equality
different levels of government (Sweden);
120.169 Implement special measures to try to
increase the representation of women in the Gender UN WOM-
Right to vote 9 2 GIM Consider adopting amendments to the Election Law
public and political life of the country, in partic- equality EN analysis
ular in decision-making positions (Serbia);
120.170 Develop and adopt a new Action Plan
for Children, including measures for children
Institutionali-
without parental care, children with disabilities Children 13 2 MHRR
sation
and juvenile justice throughout the country
(Slovakia);
120.171 Take effective measures to ensure the
rights of children under the Convention on the
Institutionali-
Protection of the Rights of the Child and the Children Ne 2 MHRR
sation
Optional Protocol to all children in Bosnia and
Herzegovina (Slovenia);
120.172 Expand and strengthen the implemen-
tation of the Childhood Action Plan, 2015-2019,
Institutionali-
with the aim of continuing to strengthen the Children Ne 2 MHRR
sation
comprehensive attention and protection of the
rights of children and adolescents (Cuba);
120.173 Strengthen efforts to protect children’s
rights, in particular of children with disabilities, Institutionali-
Children 13 2 MHRR
as part of the ongoing implementation of the sation
national plan in this regard (Egypt);
120.174 Implement the Action Plan for Chil-
Institutionali-
dren, taking into account the special needs of Children 13 2 MHRR
sation
vulnerable children (Holy See);
120.175 Continue with efforts to prevent vio-
Institutionali-
lence against children, family separation and Children 13 2 MHRR
sation
juvenile delinquency (Algeria);
120.176 Strengthen the protection of children’s
rights and improve the implementation of
Institutionali-
regulatory frameworks, in particular those relat- Children No 2 MHRR
sation
ing to health, child labour and the fight against
violence against children (Indonesia);
120.177 Adopt laws throughout the country
prohibiting the practice of corporal punish- Violence
ment of children in all settings, as well as the Children against chil- No 2 Ministries of Justice
harmonisation of criminal legislation to protect dren
children from sexual abuse (Portugal);
120.178 Continue efforts to reform the justice
sector and to facilitate the adoption of new Rule of law 4 2 HJPC
legislation (Angola);
120.179 Implement a global strategy for the
inclusion of students with disabilities in educa- Children Education 13 2 MHRR, Ministries of Education
tion (Algeria);
120.181 Expand inclusiveness and strengthen
the protection of the rights of persons with Persons with
Inclusion 13 2 MHRR
disabilities and other persons belonging to disabilities
vulnerable social groups (Bulgaria);
120.183 Develop a National Action Plan for the
rights of persons with disabilities with a clear
time frame and budget for implementation,
and harmonise all laws and regulations to
Adopt a comprehensive
ensure equal treatment of persons with dis- Institutionali- Persons with Degree of implemen-
13 2 MHRR Strategic Framework on
abilities throughout the territory, regardless of sation disabilities tation of the plan
Human Rights (EC)
the cause of disability, and that the rights of
children with disabilities are additionally pro-
tected at all levels, as previously recommended
(Finland);
120.184 Take action to implement the Conven-
Adopt a comprehensive
tion on the Rights of Persons with Disabilities, Institutionali- Persons with Degree of implemen-
13 2 Ministries of Education Strategic Framework on
in particular the right to inclusive education sation disabilities tation of the plan
Human Rights (EC)
(Germany);
120.185 Strengthen further efforts to ensure
the enjoyment of all rights of vulnerable per- Institutionali- Persons with Degree of implemen-
13 2 All
sons, in particular persons with disabilities and sation disabilities tation of the plan
marginalized communities (India);
120.186 Work on a more systematic application
Adopt a comprehensive
of existing anti-discrimination legislation, in Institutionali- Persons with Degree of implemen-
13 2 MHRR Strategic Framework on
particular to ensure the inclusion of persons sation disabilities tation of the plan
Human Rights (EC)
with disabilities (Israel);
120.187 Continue to provide a supportive en-
Persons with
vironment for children with disabilities in all Education 13 2 Ministries of Education
disabilities
fields (Montenegro);
120.188 Continue efforts to remove barriers for
Persons with Consistently implement measures to ensure inclusive education
children with disabilities, especially in education Education 13 2 Ministries of Education
disabilities for children with disabilities and access to health services
and health (Myanmar);
120.189 Continue efforts to strengthen the Persons with
13 2 MHRR
rights of persons with disabilities (Tunisia); disabilities
120.190 Continue to take measures to imple-
Persons with
ment strategies to improve the rights and sta- 13 2 MHRR
disabilities
tus of persons with disabilities (Pakistan);
120.191 Strengthen efforts to ensure access to
Persons with Consistently implement measures to ensure inclu-
quality and inclusive education for children with Education 13 2 Ministries of Education
disabilities sive education for children with disabilities
disabilities (Republic of Moldova);
120.192 Facilitate access to healthcare for dis-
placed persons, returnees and persons with Healthcare 13 2 Ministries of Health, returnees
disabilities (Senegal);
120.194 Continue to comply with policy mea-
Implement Roma Action
sures to protect the rights of national minorities Minorities 13 2 MHRR
Plans
(China);
120.195 Continue with the proactive approach
Implement Roma Action
to the integration of the Roma minority as well Minorities 13 2 MHRR
Plans
as the promotion of their rights (Montenegro);
120.196 Strengthen efforts to protect and pro-
mote the rights of minorities and other vul-
Healthcare 13 2 Ministries of Health
nerable groups by increasing access to health
services and other services (Nepal);
120.199 Continue to raise awareness about
the needs of the Roma population, especially
Implement Roma Action
children and women, and to establish an ap- Minorities Inclusion 13 2 MHRR, GIM
Plans
propriate system that enables their social and
educational inclusion (Poland);
120.206 Equalise conditions in parts of the
country inhabited by displaced persons and
returnees after the war, such as ownership of
property and effective access to education, in Education 9 2 Ministries of Education
accordance with the Constitution of Bosnia and
Herzegovina and the European Convention on
Human Rights (Turkey);
Make an overview of the
120.6 Protect and promote human rights
necessary human rights
through an evidence-based approach, in- Institutionali- MHRR, agencies for The number of new
No 3 data
cluding the classification of data (Republic of sation statistics research documents
Promote the establishment
Korea);
of specific research
120.46 Ensure that public service broadcasters
serve all segments of society by equally using
Language No 3 CRA BiH ?
all official languages of Bosnia and Herzegovina
(Cyprus);
120.51 Take essential steps to ensure the use,
equality and public broadcasting in all official Language No 3 CRA BiH ?
languages of the country (Malta);
120.72 Continue to ensure that the application
of the preamble to the Paris Agreement is
reflected in the next round of Nationally deter- - No 3 MFA BiH
mined contributions to be submitted by 2020
(Fiji);
120.90 Reform public service broadcasters to
ensure that they serve all segments of society Language No 3 CRA BiH ?
by equally using all official languages (Croatia);
120.121 Expand the effective protection of the
family as a fundamental and natural unit of
? No 3 -
society in accordance with international human
rights law (Bangladesh);
120.122 Continue to provide protection and
support to families, taking into account that
? No 3 -
they are a natural and essential unit of society
(Egypt);
120.128 Make further efforts to ensure univer-
Healthcare No 3 Ministries of Health
sal access to basic health services (India);
120.165 Conduct awareness-raising campaigns
Gender Number of cam-
to encourage women to run for high-level Right to vote 9 3 GIM Conduct campaigns
equality paigns
public positions (Honduras);
% of activities fi-
120.167 Continue to promote full political, eco- Gender Ensure financing of GAP
ESCR 9 3 GIM nanced from the
nomic and social participation of women (Italy); equality BIH from public budgets
public budget
120.182 Ensure that women, children and per-
sons with disabilities have a meaningful role to
Institutionali- Ministries of environ-
play in the development of legislation, policies 13 3 ?
sation ment, civil protection
and programs on climate change and disaster
risk reduction (Fiji);
UNIVERSAL PERIODIC REVIEW RECOMMENDATIONS MONITORING INSTRUMENT: PROPOSAL BY CIVIL SOCIETY ORGANISATIONS

ABOUT THE AUTHOR


Adnan Kadribašić, LLB and MA, is a legal advisor and expert in
monitoring and evaluation. He has been involved in numerous research
projects in the field of discrimination and human rights in Bosnia and
Herzegovina. He is one of the authors of the Commentary to the Law
on Prohibition of Discrimination, and he also published analyses and
research papers, participated in the development of new public policies
and laws, organised trainings and provided other services in the field of
laws prohibiting discrimination.

Human Rights Paper -- Paper 57

Sarajevo Open Centre; Podgaj 14, 71 000 Sarajevo, Bosnia and Herzegovina; (0) 33 551 000; office@soc.ba

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UNIVERSAL PERIODIC REVIEW RECOMMENDATIONS MONITORING INSTRUMENT: PROPOSAL BY CIVIL SOCIETY ORGANISATIONS

ABOUT THE COALITION


BiH Civil Society Initiative for UPR is an informal coalition of
twelve civil society organisations from across Bosnia and Herzegovina
which act in various fields of promotion and protection of human rights.
Members of the BiH Civil Society Initiative for UPR are: Sarajevo Open
Centre, BH Journalists, Civil Rights Defenders, CURE Foundation,
Transparency International in BiH, Association Zemlja Djece u BiH, CA
Why Not, Civil Society Promotion Centre, Association Vaša prava BiH,
TRIAL International, My Right – Empowers People with Disabilities, and
CA for Promotion of Roma Education “Otaharin”.

Sarajevo Open Centre is an independent feminist civil society


organisation that strives to empower lesbian, gay, bisexual, trans* and
intersex (LGBTI) people and women through community empowerment
and activist movement building. SOC also promotes the human rights
of LGBTI people and women publicly and advocates on national,
European and international level for improved legislation and policies
in Bosnia and Herzegovina. By working on European integration issues,
SOC is improving human rights in general and encouraging further the
development of civil society.

Association of BH Journalists is a non-political, non-profit


organisation whose members are individual journalists, freelance
journalists, journalism students and other media employees. The
Association of BH Journalists was founded in 2004 as an umbrella
association of journalists in Bosnia and Herzegovina with activities
covering the entire territory of the country. The main goals of the
Association of BH Journalists are: (a) to protect and improve the freedom,
rights and responsibilities of journalists, as well as to protect the reputation
and dignity of the profession of journalism and (b) to improve the public’s
right to be informed about events in the society, as well as to support each
person’s right to freedom of opinion, expression and access to the media.

Civil Rights Defenders is an international human rights organisation


based in Sweden that defends civil and political rights and aims to
empower human rights defenders.

CURE Foundation is a feminist-activist organisation which operates


for the equality of sexes and genders pleading for positive social changes
through educational, artistic, cultural and research programs. Providing
affirmative action, CURE Foundation celebrates women’s strength and
power and works on empowering people so they could become initiators
of social changes in Bosnia and Herzegovina and abroad.

Human Rights Paper -- Paper 57

Sarajevo Open Centre; Podgaj 14, 71 000 Sarajevo, Bosnia and Herzegovina; (0) 33 551 000; office@soc.ba

30
UNIVERSAL PERIODIC REVIEW RECOMMENDATIONS MONITORING INSTRUMENT: PROPOSAL BY CIVIL SOCIETY ORGANISATIONS

Transparency International in Bosnia and Herzegovina is an


accredited branch of Transparency International, the global anti-corruption
coalition. The main goals of Transparency International in Bosnia and
Herzegovina are to combat corruption, support the development of
good governance, accountability and transparency of public institutions,
broader democratic values and fair market competition.

Association Zemlja djece u BiH works with and for children,


constantly warning about the position of children in BiH and advocating
for changes in the community.

CA Why Not is an organisation that works on the creation of a safe,


healthy, active, efficient and responsible BiH society as a whole, both
in terms of government representatives and in terms of civil society
and citizens, through the promotion and establishment of political
accountability mechanisms, strengthening and building civic activism,
and the use of new media and technologies, together with other civil
society organisations, institutions and individuals.

Civil Society Promotion Centre is BH association, founded in 1996,


which operates in BiH, as well as in the countries of the Western Balkans.
CSPC’s mission is to contribute to the strengthening of civil society in
BiH by supporting the development of civil society organisations and
their mutual cooperation and networking, establishing a framework for
effective relations with government and profit sector and the development
of civic activism, as well as promoting the non-profit sector as a quality
and indispensable actor in socio-economic development of the country.
The CSPC works within the SMART Adult Education Centre.

Association Vaša prava BiH based in Sarajevo, is a leading non-


governmental and non-profit organisation that provides assistance to
users throughout Bosnia and Herzegovina in all matters of civil rights and
human freedoms. The Association Vaša prava BiH stands for freedom and
human dignity. This commitment is reflected in the provision of free legal
aid and representation of the interests of users.

TRIAL International is a non-governmental organisation based in


Geneva, and their office in Bosnia and Herzegovina provides free legal
aid to victims of war crimes before national and international bodies and
human rights protection mechanisms. TRIAL International is putting
pressure on the authorities to improve the rights of survivors, advocating
for legal action to administer justice, and contributing to raising public
awareness about the issues faced by war crimes victims and their families.

MyRight - Empowers people with disabilities is a Swedish


umbrella organisation for people with disabilities that has come together
to support the development and operation of organisations of people

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Sarajevo Open Centre; Podgaj 14, 71 000 Sarajevo, Bosnia and Herzegovina; (0) 33 551 000; office@soc.ba

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UNIVERSAL PERIODIC REVIEW RECOMMENDATIONS MONITORING INSTRUMENT: PROPOSAL BY CIVIL SOCIETY ORGANISATIONS

with disabilities around the world. The MyRight Representative Office in


Bosnia and Herzegovina has been operating since 2009 and implements a
program to empower persons with disabilities and their organisations on
the rights guaranteed by the UN Convention on the Rights of Persons with
Disabilities in order to independently and successfully advocate for the
implementation of their rights. The capacity building program includes
five coalitions composed of over 60 organisations of persons with various
disabilities in Bosnia and Herzegovina.

CA for Promotion of Roma Education “Otaharin” from Bijeljina


was founded in 2005. Since its founding, the Association has been
dealing with the issue of the educational needs of Roma men and women
and facilitating access to education for the Roma population. Through
a decade and a half of work, in addition to education, we have realised
that for the social inclusion of Roma men and women it is necessary to
develop various programs that work complementarily to achieve the goal
of integrative/comprehensive social inclusion of Roma men and women.
Currently, the organisation operates in the following program areas:
education; youth and volunteerism; prevention of trafficking in human
beings; economic and psychosocial empowerment of women; social
entrepreneurship and work with preschool and school age children.

Human Rights Paper -- Paper 57

Sarajevo Open Centre; Podgaj 14, 71 000 Sarajevo, Bosnia and Herzegovina; (0) 33 551 000; office@soc.ba

32

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