Report on the state of Women’s human rights in 2001

In the first year of the new millennium, modern woman of Bosnia and Herzegovina got to know that her role and power in a family, public, political, economic and legal-executive life was marginal, and that the discrimination and inequality of gender in creating and passing decisions was, in fact, the issue of realisation and enjoyment of the fundamental human rights and freedoms.

Bosnia and Herzegovina has taken over the Convention on Elimination of all Forms of Discrimination and integrated it into its legal system in compliance with the Constitution of BiH (Annex I, Additional Covenant on Human Rights to be applied in BiH) and ratified it in 1993, which has been confirmed by the General Framework Peace Agreement for BiH. It obliges all levels of authorities unambiguously and clearly to determine the behaviour of the overall society toward women.

This report follows the implementation of the Convention in Bosnia and Herzegovina in 2001.

The current situation in Bosnia and Herzegovina is marked with four transition phrases that are taking place simultaneously: 1. From war time to peace time, 2. Privatisation of socially and state owned property, 3. From being dependent on assistance to sustainable economy, 4. From traditional ethic, moral, ecological and other norms of 20^th century toward new democratic society, market economy, rule of law and protection and observance of human rights and gender equality.

Politically and socially speaking, Bosnia and Herzegovina has been divided and disunited. The state of Bosnia and Herzegovina has two entities. One entity, Federation of BiH, is divided into 10 cantons. Bosnia and Herzegovina has 13 Constitutions, and a huge number of political parties with various ideological options, where belonging to some ethnic group is particularly highlighted. It is extremely difficult to reach political agreement in issues relating to unified state, unified economy, concept of education, sport. It is common to all leaders that they, in their public addresses, declaratively promote their engagement in protection of human rights and equality of gender and rule of law, while in practice there exists obstruction in affirmation of the proclaimed aims. Bosnia and Herzegovina is the state that had a number of elections since 1990 (the first multi-party elections and victory of national party); from 1992 to 1995 – war time; 1996 elections – consolidated national parties and furthermore strengthened the three national components in legislation, judiciary, police forces and the army; in 2000, the Alliance for Changes led by the Social Democratic Party ended a decade long power of national parties in BiH. With the assistance and support from the international community, there are on the scene first steps in synchronisation of social, political and law processes in the state.

Utterly difficult economic and social situation in the country and big unemployment caused full economic dependency of women and put them to the margins of social life. The ambience of transition brings corruption, criminal actions, develops grey economy, trafficking in human beings and drugs, which all negatively affect the position of women and obstruct an equal approach to all resources.

The newly elected authorities, led by the Alliance, have offered the Project of economic stability for quick recovery of the state and for combat against poverty in BiH, reform of legislation, building of institutions of authorities and have speeded up accession of BiH to the Council of Europe, membership to the Pack of Stability and partnership relation with the international community. One of the conditions for implementation of designed aims, apart from the Election Law, is the Law on Gender Equality in BiH, which are to open real possibilities of rearrangement of power between genders and elimination of all the forms of discrimination.

Women are particularly interested in the implementation of these aims, since the economic growth and reduction of poverty significantly affect the position of women in the family.

According to the statistical data, the biggest numbers of households earn 200 DM monthly, which is double less than the cost of consumer’s basket for a four-member family. There is an evaluation according to which 70% of the population in RS and 46% in the Federation of BiH do not succeed in providing money for one consumer’s basket, that is, they live below the threshold of poverty. The difficulties in surviving of a family-women-mother and children, are limiting activities of women.

Finally and most important is the fact that the present authorities do understand that the level of mechanisms for protection of human rights and equality of gender is an indicator showing the achieved level of democracy in any society.

Four year long war (1992-1995) made great social and economic changes with dramatic consequences. Under such war situation, the women were most burdened and most vulnerable group.

In 1991, Bosnia and Herzegovina had 4,377,000 inhabitants, out of which there were 2,193,000 women. The national income per capita amounted to 2,400 US$. Public services, especially health services, education, social protection and culture had very well developed infrastructure and capacities.

During the war, 258,000 BiH inhabitants were being killed or disappeared; 816,000 were being displaced; 1,200,000 left the country* (1). It is estimated that 25,000 to 30,000 women were raped and up to 15,000 children killed; 25,000 to 30,000 people are registered as missing persons out of which about 13% of women and 3% of children) - this is the statistics of the State Commission, journal “Express” of 4 October 2001).

Direct material and economic damage are evaluated to be 50-60 billion US$, out of which 20 billion US$ stands for the damage caused on the production facilities. Bosnia and Herzegovina is now the second country in poverty in the region* (1), industrial production has fallen to 10% as compared to the pre-war level, and income per capita to 1,000 US$.

In the same period, public services completely broke down in terms of organisation, capacity, equipment, staff and finances; the system of administration – authorities, legislation, and judiciary was destructed; there was a complete interruption in revitalizing knowledge and technology; there has been constant outflow of highly skilled personnel, which has not stopped but has been increased.

During the war, women completely took over the responsibility and care for the survival of their families, engaged in the work of public institutions, organised and established many associations. The official leadership accepted such women’s activities, but only as needed and ordinary physical and moral support during the war, maintaining for them the right to pass decisions.

Many century long tradition of multi-ethnic, inter-religious tolerance and co-existence in BiH experienced complete erosion and decay. The country went out of the war completely divided, not only by administrative inter-entity border, but also by the borders of distrust, fear and hatred among the people.

The women were the first who noticed the dangerousness of the newly created situation and they, together with some renowned individuals and non-governmental organisations, established the inter-ethnic dialogue and co-operation in the struggle for true peace and development of democracy, for future of their children.

The 1995 Dayton Constitution defined BiH as a complex, democratic state, member of the United Nations, composed of two entities: Republika Srpska and the Federation of BiH that continued to exist as the state on the basis of the international law and recognised border. BiH has formally and legally recognised all relevant international conventions and covenants from the field of respect for human rights and freedoms and gender equality.

In addition, the BiH authorities - formally and legally - built into the majority of their own laws the recommendations and obligations from these Conventions, however, legal and other implementing mechanisms that would enable and force the authorities to implement the taken over obligations, have not yet been set up. This means that the level of awareness of gender equality has not been raised; the statistical organisations and institutions do not give data divided by gender; there are no study researches on the issue of the gender equality, especially in the economy and social processes in passing decisions; there is an inadequate media promotion of gender equality. The Ombudsmen of BiH have preconditions for creation of a body that will monitor application of the international and domestic instruments for promotion of gender equality.

It is incredible that the BiH trade unions, the task of which is to protect workers regardless of the gender, do not notice second-class position of female working power in their programs and actions. The trade union in its documents relating to the policy toward women stands for “equality in the right to employment, the same salary for the same work, to be represented in all the spheres of life”.

Finally, newly elected authorities, following the pressure of the international community and non-governmental sector in BiH, as well as its own orientation, has undertaken first necessary steps towards the realisation of the obligations from the Convention on Elimination of all forms of Discrimination against Women and the General Recommendations No. 19 as well as Beijing Platform and Plan for Action. The authorities set up the Commission for Gender Equality on the state level. The Government of the Federation of BiH has established the Parliamentary Commission and Gender Centre as institution; in Republika Srpska, Parliamentary Commission has been set up, while the establishment of the Office for Gender Equality is in course; the establishment of the Commissions for Gender Equality in all cantonal assemblies is in course. In 1994, BiH had an obligation to submit the report to the UN Committee for Elimination of Discrimination Against Women, however, due to the war the submission of that report was postponed. The report on the realisation of the obligations of the state taken over from the Beijing Declaration and Plan for Action has never been made.

Many reports on human rights in BiH made so far did not incorporate detailed estimate on the state of women’s human rights, therefore we are looking forward with optimism to receiving them from this new infrastructure. On the basis of these reports, necessary laws and legal regulations will be passed, ensuring also that these significant issues are built in the relevant legislation.

Implementation of the Convention on Elimination of all Forms of Discrimination Against Women, Articles 5,6,7 and 11

Article 5

The Constitution of BiH, Article 2, Paragraph 3b (abuse, inhumane and degrading treatment, punishment, paragraph 3e, right to fair treatment in civil and criminal proceedings; paragraph 3f, right to private and family life. This approach offers protection against abuse and insures the highest level of internationally recognised human rights and fundamental freedoms.

The Constitution of BiH, Article2 – it is the obligation of the Federation to forbid torture, brutal or inhumane treatment or punishment (item b), to insure protection of a family and children (item j)

The Constitution of Republika Srpska, Part II, Article 13 – protects human dignity, bodily and mental integrity, privacy, personal and family life and highlights that they are inviolable, and Article 14, paragraph 1 refers to prohibition of torture, brutal and degrading treatment or punishment. Article 36 particularly emphasises family and marital relationships, and special protection of mothers and children.

The Criminal Code of the Federation of BiH[1]* in the Article 178, Paragraph 2, sanctions inflicting of bodily injuries to a spouse or to a person living in concubinary, however, paragraph 4 of the same Article regulates that persecution for this criminal act can be undertaken on the basis of private suit.

The Criminal Code of RS[2], Article 198... “Whoever endangers peacefulness, physical integrity or mental health of a member of his/her family or a family community through violent, offensive or cruel behaviour, will be sentenced with fine or at least one-year imprisonment”. Criminal act will be prosecuted by official duty.

The Family Law has been taken over from the legislation of former Yugoslavia and is applicable both in the Federation of BiH and in the Republika Srpska.[3] *This Law regulates: in the II Part, Chapter I. entering into marriage; Article 42, personal rights and duties of spouses – equality of spouses; the III Part regulates cessation of a marriage, item 2 of the same chapter, the way of divorce while Article 85 deals with the way of supporting the children by parents with equal rights.

According to the Constitution of BiH and the International documents, which are incorporated into our Constitution, and the Convention on Elimination of all Forms of Discrimination Against Women, it is the exclusive duty of the state to act on the elimination of violence against women. The state is obliged to protect victims of violence, regardless of the sphere of life in which it takes place.

Present situation

BiH is a multi-ethnic and multi-religious country where the tradition and culture make influence on the behaviour of both women and men, and which are deeply rooted into the collective consciousness. Keeping together family, upbringing and education of children are the priority tasks in the mind of traditionally educated woman, and are in the sphere of absolute privacy. The myth about man, having authority in the family, holder of family property, that is, men’s principle as determining principle for each relationship between woman and man, are being handed-over from generation to generation. Any kind of disturbed relationship within the family is being experienced as personal defeat and disgrace of woman, and that is why it is difficult for women to publicly speak of domestic violence and discrimination.

In Bosnia and Herzegovina, especially after the war and due to difficult social and economic situation, domestic violence is on the increase. There are no official researches published anywhere relating to this issue so far. Nevertheless, NGOs, in their programmes and researches, point at the issue and warn of the increasing problem of all forms of domestic violence.

On the basis of the researches conducted by the NGO* Women to Women about the violence against women, on a sample of 160 interviewees (24% of men and 76% of women), on the question “What is the level of violence against women in BiH?” the replies given were: 49% - average; 44% alarmingly above average; 4% low; 3% did not know.

On the question: “According to you, what are the main reasons for such level of violence”, the answers were: 25% - patriarchal system of the society (and its consequences on the mind of the people), traditionalism; 13% - psychological problems (illness), influence of alcohol and narcotics, as well as the problem of character; 20% overall bad situation in the society (low standard of living, low level of democracy, badly constituted legal system); 14% - generally poor education of the society.

On the following question: “What do you think, who does make the violence?” the answers were: 12% educated men; 58% uneducated men; 30% both educated and uneducated men.

On the questions: “Who you should addess to call for help and whose help is most efficient”, the answers were: 26% to the police, 14% to centres for social work, 11% to non-governmental organisations assisting women; 13% to SOS phone line; 9% to the court, etc...and 19% did not know the answer.

On the question “Which laws are to be changed in order to improve the state with violence, that is, to stop the violence””, the answers were: 26% criminal code; 19% family code; 45% all mentioned; 7% other.

In several places in BiH, the SOS phone lines were opened as well as shelters to offer help and support to women, victims of violence, but they cannot meet the needs since such cases are on the increase. The non-governmental organisations themselves, without designated governmental programs and the strategic actions, cannot solve this problem.

Although the police forces do not have enough instruments for taking actions in a situation of domestic violence, they have good co-operation with the shelter for women when SOS phone calls them.

NGOs organised many seminars, round-tables and workshops with the intention to encourage the women and to give them support to publicly speak about all forms of violence. As the result of such actions, the initiative was launched to judiciary and legislation bodies to change and amend the laws and to synchronise the legal regulations.

According to the Family Laws in both entities, parents jointly conduct their parental rights in mutual agreement regardless of the fact whether they have marital, extramarital or adopted children. However, it is in tradition and culture of Bosnia and Herzegovina that the responsibility for proper education of children is utmost on the women, and in the case of divorce children mainly stay with mothers while men, apart from making contacts with their children, are to provide material assistance in the percentage determined by the court. The court practice is that for one child 20% of a salary is to be allocated, but in the majority of cases, in view of the difficult economic situation in BiH and unemployment, this kind of care is realised in few cases.

1. That the entities agree to make unified family and criminal laws at the level of the state.

2. To pass the state programme for the prevention of all forms of violence in the family.

3. To introduce the mechanisms of protection and carry out the education of employees in the police, social services, judiciary and other subjects with whom victims of violence come into contact.

4. To raise awareness of the society on the problem of domestic violence and especially to raise awareness of the women on their life without violence and on their legal rights.

The Constitution of BiH, Article 2, paragraph 1 – Obliges to the “highest level of internationally recognised human rights and fundamental freedoms, and the Article 3, paragraph 3b regulates that “the general principles of international law are constituent part of the legal system of Bosnia and Herzegovina and entities”

In Bosnia and Herzegovina, there is no special law regulating trafficking in human beings, but the Criminal Code of Federation of BiH contains regulations that can be used in combat against trafficking in human beings, such as Articles 167 – slavery; Article 184 – kidnapping; Article 185 – hard labour; Article 187 – unlawful detention; Article 225 – rape.

In the Criminal Code of the Republika Srpska, Article 188 sanctions alluring, procuring for prostitution or selling a person for prostitution or being an agent for a prostitute.

The Law on Immigration and Asylum[4], Article 10, paragraph 5, regulates entry of foreigners and purpose of their stay and the Law on Employment of Foreigners[5], Article 7, regulates conditions under which work permits are to be issued, thus directly influencing the combat against trafficking in women.

Trafficking in human beings and prostitution of women is on the increase in Bosnia and Herzegovina. Geographic position (East-West) and “leaky” borders go in favour of trafficking in human beings and prostitution.

This problem cannot be considered as the problem of Bosnia and Herzegovina itself, but in the context of economic profit and organized domestic and international criminal.

For the time being, Bosnia and Herzegovina is considered as the country of transit and of trafficking in women and prostitution, however, there are some indications showing that it can become the country of origin.

After the implementation of the electoral results, the Government of BiH, that is, the Ministry for European Integration established the Work Group for the issue of trafficking, which passed a National Plan of Action. The Plan incorporates protection of victims, prevention, legal issues, giving information to the public, etc. The Ministry for Human Rights has joint the Ministry for European Integration in combat against trafficking. The Ministry for Human Rights, together with the UNHCR, made a draft project that was presented at the meeting of the Stability Pact in Vienna at the end of April.

Only the non-governmental organisation “Lara” from Bijeljina is giving shelter to victims of trafficking. Unfortunately, nobody can approach women in the brothels and we can say that victims receive little or no help at all.

The campaign of raising awareness on the most horrible crime of XXI century under the name: Stop trafficking in women”, initiated by this non-governmental organisation, and results obtained seriously warn domestic public and the authorities of balefulness of this appearance.

Namely, registration and opening of nightclubs is on increase, in which prostitution takes place and where so-called dancers, waitresses and nightclub hostesses offer sexual services. Clients do not think of possible health consequences, spreading of sexual transmissible diseases. The number of victims of trafficking is constantly increasing. There is closer connection of international criminal circles with domestic groups. There are information speaking of involvment of police, state border service in it, judiciary is corrupted and 70% of users of such services are local people and 30% foreigners. According to the existing information, a number of victims of trafficking in BiH come from Moldova, Ukraine and Romania. Until now, only two cases from BiH were registered.

In the recent action of the UN IPTF, 177 victims of trafficking in women were saved.

Until now, 260 nightclubs were registered in BiH, being suspect of trafficking in human beings. In the last 4 months, more than 200 police raids were performed. 329 women were accepted in two centres for acceptance of women, led by IOM, of which 10% are under age (Dnevni Avaz of 27.07.2001). Until now, neither our police have any training for the issue of trafficking, nor the workers of social services, prosecutors, judges, border services.

1. To implement State Law Against Trafficking in Human Beings and to oblige the entities to mutually co-operate for the purpose of combating unlawful trafficking in human beings and sexual abuse, and to harmonise it with the international documents relating to fight against the international crime.

2. Through public campaign, to warn the public of the issue of trafficking and to educate the officers of the State Border Services, police, judiciary, health and social workers on the way of treatment with persons victims of trafficking and prostitution.

3. To engage in the international and regional network for combating unlawful trafficking in human beings (implementation of signed agreement on co-operation between the bodies for application of the law on combating illegal immigration and organised crime: the agreement was signed by the Ministry of Internal Affairs of Republic of Croatia, Federal Republic of Yugoslavia, Republika Srpska, Federation of BiH and State Border Services of BiH.

4. To assist and support the non-governmental sector in the realisation of the National Plan of Action for Combating and Preventing Unlawful Trafficking in Human Beings.

The Constitution of BiH (Article 2), the Constitution of FBiH (part 2) and the Constitution of RS (Article 25) have fully and unambiguously established the rights of women as their own norms, which are defined in the Articles 5 and 7 of the Convention on Elimination of all Forms of Discrimination Against Women.

The Election Law of BiH[6] regulates the issue of the presence of women... in the Article 4.19

There is an estimate that out of the total number of the population of the country, 60% are women*, nevertheless, figure does not follow the rate of their presence and participation in public and political life of the country. Their presence and influence in public and political spheres of power is unsatisfactory.

The new election law passed by the state parliament establishes the rate of participation of women in the candidate lists. The Article 4.19 of the Election Law of BiH defines that each political party in the first three seats must have one-woman representative, for six seats two women, for eight seats three women. Actually, this has been much better regulated by the Election law in relation to rules and regulations given by PEC of the OSCE, which had organised the recent elections.

We are giving hereinafter an illustration of the position of women in the political and public life in the last ten years:

- In 1990, in the first multi-party BiH Parliament, out of total 240 elected deputies there were only 7 women or 2,92%, and at the local level, out of 6,299 seats women took 315 or 5% of the seats in the municipal assemblies.

- In 1996, according to the information of the OSCE, in the BiH House of Representatives, out of 42 seats one was taken by woman or 2,38%. In the House of Representation of the Federation of BiH, out of 140 seats, women took 7 seats or 5%. Two seats or 1,89% took women out of 106 seats in the People’s Assembly of the RS.

- At the local elections held in 2000 and implemented in 2001, according to the official data of OSCE Mission in BiH, a proportional electoral model – of open lists – was applied; 1,6 million of citizens or 64,4% of voting body totally voted. There are only 2 women or 7,14% out of 42 deputies elected for the BiH Parliament. It is interesting to note that in spite of the regulations prescribed, out of 16 political parties that have their deputies in this Parliament 14 parties have no woman as representative in it.

There is a somewhat more favourable situation with the House of Representatives of the FBiH where out of 140 deputies 24 or 17,14% are women; out of 83 deputies in People’s Assembly of RS, there are 14 women or 16,86%.

These data relating to the presence of women and their political power lead to the general conclusion that there is domination of men in the political and legislation power of the country.

When speaking of executive power, both at the state or entity level, the situation is almost similar: in the Council of Minister, there is only one woman Minister of 6 ministerial seats; Women took two ministerial seats in the Government of the Federation of BiH, and only one in the RS. In the lower levels of authorities, women took only four seats – they are Presidents of municipal councils.

Another illustration is important and unusual relating to the women’s participation in the bodies of authorities. Participation of women is less expressed in executive than in legislative bodies. As for the judiciary, in the municipal courts, it is unusual that women carry out more than 50% of court power. When speaking of higher courts, presence of women is less expressed. At the beginning of 1999, at the Constitutional Court of BiH, one woman was nominated as Deputy and it took place only after the man judge had resigned, and in 2001, she became a President of the same court; There is no woman in the BiH Human Rights Chamber that is composed of 14 judges (six of them are local judges). The Constitutional Court of the BiH Federation and of the Republika Srpska has one woman each. This shows that as higher the level of court power the lower participation of women. Thus, there are almost no women at the levels from which they can exert influence on policy and political parties. These data are absolute indicators of the real relationship of the political parties towards the possibilities and demands to share “their men’s” power with women.

Apart from these numbers that speak as an illustration of the participation of women in authorities, it is necessary to take into account another fact: physical (expressed in number) presence of women in the bodies of authorities is not an indicator of their active participation in the authority because:

a) A number of women in the legislative bodies of authorities neither have enough political experience or habit for public expression, with the exception of rare examples of those who have.

b) Woman, as a party disciplined person, almost blindly listens to the president of the deputies’ club of her party.

c) In the executive bodies of authorities, women are presented in inadequately number and consider themselves as being obliged to implement exclusively the policy of their own parties that have candidated and brought them to certain position.

The political reality and the overall social movement in Bosnia and Herzegovina have directly contributed to the fact that citizens started associating into the non-governmental sector to publicly express and warn at many irregularities and unlawfulness in the work of public and state institutions and officials. Women and women’s organisations are those that express their greatest interest in the work relating to the education in the field of human rights, rendering of psychological assistance to the female victims of war and violence, assistance to refugees and displaced persons and children. They are also being organised in women’s networks aimed at promoting private entrepreneurship and alleviation of poverty.

However, the non-governmental sector is not yet the partner to the bodies of authorities, but it is still only the service and the building of this relationship is to be continued, primarily through creation of adequate legal framework at the level of the state of Bosnia and Herzegovina.

Having become aware of this problem, the OSCE Mission – department for Democratisation – together with non-governmental sector in BiH has been undertaking many activities for elimination of such position through various programmes.

1. To consistently implement the regulations of the Election Law and to pass the Law on Associations and Foundations.

2. To make statistic data transparent about the participation of women in the public and political life and to respect for the Law on Access to Information.

3. NGOs should, through public work and campaigns, sensitise the public for gender equality issues and encourage the women to engage more in the political and public life of the country.

4. There should be greater co/operation between NGOs and women politicians in the country as well as c/operation at the regional level / Stability Pact.

The Constitution of Bosnia and Herzegovina gives to the entities the competence to deal with the issues relating to the labour relations, education, social and children’s protection.

The Constitution of the Federation of BiH, Part III, Article 1, paragraphs c and d establishes the exclusive responsibility of the Federal Government for economic policy and rules for financing, since both responsibilities have impact on the regulation of the policy of employment. Part III, Article 2 establishes joint responsibilities of the Federal and Cantonal Governments for development of policy in social assistance. Part II, Article 6 of the Constitution of the Federation of BiH, directs all courts, administration services and other governmental bodies of the FBiH to act in compliance with the international instruments, mentioned in the Annex to the Constitution.

The Constitution of RS in Article 39, paragraph 3 reads, “every person can free select his/her vocation and all work posts and duties must be accessible to all under the same conditions”. Article 40 focuses on the conditions of employment and provides to mothers special protection at work.

The Labour Act of the FBiH[7], Article 5, explicitly forbids discrimination in labour relations on many bases, including discrimination on the gender basis. However, significant characteristics of the forbidden bases affecting the women are lacking, including the age.

The RS Labour Relations Act[8] does not contain exclusive regulations about non-discrimination. Besides, this Act gives preferences in employment to certain category of population, primary on the basis of the service in the Army, which of course presents discrimination against women (Article 9). Both in the Federation of BiH and in Republika Srpska, there are no regulations that regulate equal salaries for any of the genders for performance of the same job.

The Health Protection Act[9] of the Federation of BiH, in the Article 8, regulates the tasks performed by the Federation in the field of health protection, and the Article 9 of the same Act regulates the tasks performed by the Canton.

Article 16, item 10 of this Act, prescribes, within the measures of health protection, “insurance of the complete (preventive and rehabilitation) health protection of a woman with respect to her family planning, pregnancy, child delivery and maternity, which are carried out at the level of the Canton.

Health protection of women during pregnancy and child delivery and after child delivery, and other women’s needs (Article 20, paragraph 2, item 2), and the care for health and treatment for all the family members (Article 20, paragraph 2, item 2) is organised within the primary health protection.

The Law on Basis of Social Protection, Protection of Civil Victims of War and Protection of Families with Children[10] establishes the rights, procedures and conditions for realisation of social protection and its legal norms equally regulate the possibilities for men and women, without special differences and conditions relating to gender. The principles pursuant to the objectives of the Convention on the Rights of the Child are built in this Law, relating to protection of the child through protection of the family and to providing all the children approximately the same conditions for normal and harmonious development of their personalities as well as to assisting the families in fulfilling their reproduction function and in improving the quality of life.

Article 19, paragraph 2 of the Law on Basis of Social Protection, Protection of Civil Victims of War and Families with Children, through regulations of the Canton establishes the amount of the money for social protection, conditions and procedures for acquiring these rights and the use.

In the Republika Srpska, the Law on Social Protection[11] regulates the social protection. According to that law, the RS determines the system, establishes the rights and beneficiaries of social protection and provides financial resources, while it is the competence of the municipality to establish municipal institutions for social protection and for co-ordination at the local level.

The economic status of the BiH woman is reflected through a difficult economic situation in which BiH is now and which negatively reflects on social and economic status of the population as the whole.

It is important to note that there is a big difference between everyday life practice and present law regulations.

The data relating to the rate of employment and unemployment in Bosnia and Herzegovina are as follows:

Up to 1997, the number of employed persons in the Federation of BiH did not include the persons employed with the Army and the police forces. Neither contributions nor taxes were paid for this not small group of people (which was de facto employed and receiving salaries). In that period, they were fully enjoying the rights from health and pension insurance and from tax obligations.

When this category of employed persons was finally entered into registration in 1997, suddenly the number of employed persons jumped by even 20%.

In Bosnia and Herzegovina, there is a specific category of employed persons, so-called “workers on the waiting lists”. On one side, this category virtually increases the number of employees (being registered as employees, but not working) while on the other side, they are, because of poverty and entirely legally unregulated country, directly and seriously damaged for not having health and pension insurance, and only temporary they receive symbolic compensation for their “being employed”. To mention that according to the existing legal regulations, the firms at which these people are “working” i.e. “waiting” are obliged to pay for them social and pension insurance and to pay them each month 60% of the average salary. Of course, impoverished firms and economically insolvent do not fulfil their obligations. Moreover, even the workers who work at those firms have not received their salaries for the last two to three years. This particularly refers to the low-accumulation firms, where the labour force is mainly composed of women, as for example in the textile industry.

According to the data of the World Bank and the European Commission, the official post-war unemployment in Bosnia and Herzegovina is in between 70 to 80 percent.

Until the end of 1998, the unemployment rate was reduced and amounted to 33% in the Federation of BiH and 37% in the Republika Srpska. Of course, we do not have data indicating the participation of the “waiting workers” in this “favourable result” and of whose who work and who do not receive pay for their work and are registered in the category of employed persons, as is the case with the police forces, army, which “entered” the category of employed persons in that year.

At the end of 2000, in Bosnia and Herzegovina, there were 661,595 employees, out of which there were 84,597 on the waiting lists. Out of this number, in Republika Srpska, there were 250,000 employees and 32,000 on the waiting lists; in the Federation of Bosnia and Herzegovina, there were 411,595 employees and 52,597 on the waiting lists.

Out of total number of work capable population 60% are women while participation of women in the total number of employees in the Federation of BiH is 33,3% and in the RS 41%. If we look at the fields of activities, the largest number of women is employed in education and culture, health and social protection, trade and of course the least in building and mining industries.

In Bosnia and Herzegovina, there is another category of employees, so-called employees “on black”, among whom there is the largest number of women. There is no information on the number and there is no official statistics for this category.

In the light of these facts and such a reality, looking at the application of the Article 11 of the Convention on the Elimination of All Forms of Discrimination Against Women, the implementation of the present domestic legislation relating to the labour acts, seems to be ironic. Each and every regulation in effect does not allow and condemns discrimination against women in the process of employment and fully recognises the International pact on Economic, Social and Cultural Rights; the European Social charter; the Convention of the International Labour Organisations (ILO) of which only two were ratified by BiH; the Convention No. 111 on Discrimination and the Convention No. 100 on equal salaries as well as the Protocol No. 7 pertaining to the European Convention.

It is a question how to implement under today’s transition conditions the acts and rules of procedures that were taken over from the pre-war period, from the period of quite different social system. It is difficult to implement the new acts, passed after the war, because they are to the major part unsaid and without implementing regulations, or there are no legal regulation to be implemented.

In everyday life, there are everyday and mass strikes organised by the workers, men and women, who demand not improvement of work conditions, right to sick leave or hot meal but demand that even 20 unpaid salaries be paid to them and that means be paid for their health and pension insurance. In frequent statements of the inspection services officials, the work on “black” is on the increase, the consequence of which is the most horrible hired labour relations between the employee and the employer, with 80% of women in it.

The better-educated women are in worse position than less educated. The participation of women, with high school, two-year college and university education, in total number of unemployed persons in BiH is more than fifty percent. Out of 410,572 unemployed persons registered with the public employment office there are 183,262 or 44.6% of women. Out of 85,230 unemployed persons with high school education there are 53,000 or 62% of women; there are 4,149 unemployed persons with two-year college education, out of which 2,977 or 71% are women; there are 4,425 unemployed persons with the university education, out of which 2,336 or 52% are women.

In Bosnia and Herzegovina, public employment office has registered less unemployment than actual number. The workers are discouraged to register with this office since they do not receive regularly or do not receive at all the assistance they should have received.

In the period of transformation of economy and privatisation, the opening of private business is one of the possibilities for employment. However, women are faced with different obstacles. They do not have enough information on sources of financing; long-term loans are not accessible to businesswomen since they are not holders of property rights on the basis of which they can get a loan; the process of registration of firms is long and complex; there is no designated programmes of the government for development and start-up of private business; business environment as well as legal regulations do not stimulate women to start private business in a greater number.

Truly, recently, positive trend in development of private sector has been noticed, thanks primarily to foreign and some domestic non-governmental organisations, which through providing micro-credits and favourable interest rates stimulate further development of already started-up businesses. In Bosnia and Herzegovina, there is no strategy and programmes for additional vocational training of manpower, which is done by the Chamber of Economy only against the exclusive request of some enterprises.

There are various forms of discrimination against the employees, on ethnic or religious grounds, origin or relatives’ connections, and gender as well. Now when we are witnessing everyday firing of workers by their employers, women, particularly self-supporting mothers, neglect any form of discrimination or sexual abuse just to preserve their job.

All people regardless of gender have equal right to education and it presents crucial tool for reaching equality, for development and peace. Literacy of women, as well as men, are key factors in securing and improving health, nutrition and education of a family and in empowering women to participate more actively in social process of decision making.

In Bosnia and Herzegovina, out of total number of population, female population is between 57% and 60%, which presents majority. The access of women to education, regardless of legal regulations, depends also on the efforts invested by the authorities to ensure primary education through the system of schools and care of pupils’ standard. Also, there is an important factor of financial power of each family, which is to purchase textbooks, clothes and footware and bus tickets, if a school is further located, which affects the education.

Due to such a situation, particularly in rural environments, parents less dicide to education female children, thus today in BiH, the structure of educated women older than 15 years is the following: without education 23.1%, incompleted primary education 23.5%, completed primary education 24.6%, completed high school 24.9%, etc.

The gender stereotyped textbooks obviously showing female children in the roles of mothers, housewives, i.e. in the jobs intended for “more tender gender” while men-boys are miners, engineers, constructors, etc. largely affect on gender segregation in future professional orientation.

Because of that, female children today, most often choose to attend teaching-school, law school, textile school, school of economics and school of medicine and male children civil engineering, machine building, mining, traffic, electrical engineering schools.

Of course, at the time of sofisticated technoligy and telecommunication, these stereotypes must be overcome and such programmes of professional orientation should be created for the final years of primary education, through which disproportion in selection of vocation between female and male children should be reduced.

The whole population of Bosnia and Herzegovina is in extremely difficult material situation. It is a tradition in these territories that a woman “bears” higher burden in care for social status of a family, that is, she has to find out the ways and manners of use of social rights and benefits provided by the state.

Since the use of social rights depends on economic and financial power of any society, and Bosnia and Herzegovina is the country in which over 60% of the population live below the poverty line (the world standard of 4$ per capita for daily consumption in relation to hardly 1$ in BiH), then it is clear that the realization of the social rights of all, including the women, is met with series of obstacles. The non-existence of unified legal regulations and social programmes at the level of the state makes the existing situation even more complex.

Namely, the state of BiH has transferred the care in social protection to the entities, i.e. cantons and municipalities. Since the economic and financial situation in these local communities differs, thus the filling up of the budget for social protection significantly depends on the level of economic development of a local community in which women and men using this form of social protection live.

Of course, the users of social protection, among whom there are refugees and displaced persons as well as retired people, are the first category of persons who feel unequal access to social protection in the entire territory of BiH.

The preservation and improvement of health and health protection of women, as well as the whole population, is of vital significance for demographic development of any country.

Bosnia and Herzegovina does not have a unified health policy and organization of health protection. This field of activities, the same as education and social protection, has been assigned into the competence of entities, while in the Federation of BiH it is further decentralized into cantons.

Indeed, organisational disunion and difficult material and financial situation of the society have a great effect on irrational consumption of health system funds and on creation of space for corruption and bribe. The protection of women’s health in fertile age, and of women generally, and realization of right to health protection, is conditioned by a series of special measures. Education and emancipation of women aimed at raising of level of health culture, humanisation of relationship between genders, family planning – contraception, control of pregnant women and expert assistance, regular check-ups aimed at early discovering of – i.e. preventing various sexual transmitted diseases are only some of the measures.

It is difficult or almost impossible to realise these and other rights of women in BiH, primarily due to lack of money in the funds for health protection, non-existence of adequate services, particularly in rural areas of the country, inadequate equipment of the existing health institutions, etc.

Woman today, if she is responsible toward her health, uses health services of private practice, and puts aside 50 KM for a mamographic check-up. If she uses health services established at the level of a municipality or canton, then the price differs depending on available health funds and it goes from 10 KM to the most expensive 100 KM. For the use of hospital capacities for one hospital day, participation amounts up to 20 KM. There are strikes of health workers because of great internal debts on the relation between economic and non-economic subjects towards Funds, i.e. health care institutions, causing violation of the fundamental human rights – right to earned wage. If we know that about 18,500 women work in the health institutions in the Federation of BiH and about 10,600 women in RS, than it is clear that this part of the female population, together with their male colleagues, do not have access to realization of the rights from health protection.

These limiting factors are obstacles to about 900,000 women in reproductive age, which is a serious warning for future of demographic development of the country.

Having understood the situation in which we are living, for the first time after the war, the present authorities of BiH have made strategic programme for combating poverty, and on the request of the Government of BiH, the World Bank has prepared the project named “Diagnostic Examination of Corruption in BiH”, aimed at mobilising all BiH resources for better economic position of citizens of this country.

1. The BiH Government should prepare unified regulations regulating labour-legal legislation.

2. The Governments of the Federation of BiH and Republika Srpska should provide that by-laws be passed in order to establish and ensure health protection for women.

3. The Government of BiH should ensure and establish consistent social policy and social protection at the state level.

4. Non-governmental organisations should, through their programmes, dedicate more space to the education of both women and men in respect to health of people and to make, through co-operation with governmental organisations, national strategy dedicated to health of population and joint basis for social protection.

The Constitution of BiH, Article IV 4 a) The Parliamentary Assembly of BiH adopted the Law on Free Access to Information[12] in BiH, something completely new in the legal-legislation system of BiH. The legislator proclaimed that the aim of the said Law was at least threefold: firstly, to establish the fact that the information that is at disposal of public body is for public well-being; secondly, to establish the right of every physical and legal entity to have an access to the information and to enable every physical person to ask for change or to give comment on his/her own information that are at disposal of under control of the public body. This law and its implementation is monitored by the international Commission for Media, which has also issued, apart from the Rules on Definition and Obligation for Public Broadcasting, the Rule 01/1999 regulating the way of making definition of public radio and TV broadcasting service, their duties and obligations, duties in respect to making programmes as well as other obligations, it also issued the Code on Advertising and Sponsorship for the Radio and TV, adopted on 9 March 1999, where in the part 4 under item advertising, paragraph 8 racial and sexual discrimination, item b: “advertisements must not make discrimination of women and men in their job, education and training possibilities”.

The Code for Press, article 4, Discrimination, establishes “newspapers and magazines must avoid making prejudices and offensive allusions for any ethnic group, nationality, race, religion, gender, sexual orientation, physical or mental illness or disability”. Article 11, Protection of Children and Under Age Children, “the journalists must not interview or make photographs of the children younger than 15 years about the family of the child if parents are not present or without permission of parents or tutors”.

In Bosnia and Herzegovina, there are state (TVBiH, TVRS) and independent media. According to incomplete records in BiH, number of media reaches even the number of 400 – electronic, written, TV stations. There are even 60% of women employed in the media. Out of a big number of employed women in this field, the data show that there are two women on the position of directors and two women on the position of editor-in-chief (Oslobođenje and Dani).

On the basis of the private data from 1998, the journalism has had a positive trend both in employment and in presentation of realisation of human rights. The research included 32 journalists from different media throughout BiH; Sarajevo – 8 journalists, Zenica – 4 journalists, Tuzla – 4 journalists, Mostar – Zapad – 4 journalists, Jajce – 1 journalist, Bihać – 6 journalists. Out of that, 6 TV journalists, 10 radio journalists, 6 journalists from daily newspapers, 4 from periodicals and 2 journalists from news agencies. The way of financing of the media is different. 21 media outlets belong to dependent media, and 11 are independent media outlets. This is conditional division. Out of total number of 32 journalists, 14 are women and 18 are men. The data received on this sample show that the education structure is as follows: 11 journalists have high school education and 21 journalists have two-year college education. This research was carried with the aim to see the needs for journalist staff and for their further training; women are relatively good presented in this field.

However, globally looking, the education structure of the journalists is not appropriate. The BH journalism has employed many journalists without proper training and education, not capable of working in journalism. There were some journalists who started working as journalists during the war, according to the analysis made on the sample of 32 or 34.5% of journalists that referred mainly to women. 12.5% of journalists were educated and trained for other types of jobs and started working as journalists by chance. This speaks in favour of the fact that media cannot response to requirements in the process of informing the public on topical political and economic changes, on realisation of human rights and freedoms and within this on the realisation of the right to gender equality.

Special obstacles to the complete presentation of information and to positive influence of media are ethnic and regional views that negatively affect the overall life courses, inaccessibility to information, closeness of institutions of system and particularly present self-censorship of journalists, conditioned by material-financial and political situation.

Generally speaking, the editing policy of all media is such that it inadequately treats the complex women’s issues. There are articles about women only when they are the subjects of prostitution, trafficking in women or in cases of domestic violence. The woman is present in media as beauty setting, in fashion shows and other ways that do not present her as famous economist, politician, writer, doctor, professor, manager.

1. Non-governmental organisations, female politicians and informal women’s’ groups should try harder, through lobbying and public advocacy, to get more space for serious programmes in media in the forthcoming period.

2. Media should, through their editing policy, provide space for affirmation of women’s human rights and for gender equality, and affirm woman as politician, scientist, writer, teacher, policewoman, justice, manager, that is, woman as public figure.

3. Media should ensure more programme space for monitoring the work of the non-governmental organisations, i.e. those programmes that promote the field of human rights and gender equality.

The Article 2, paragraph 4 of the Constitution of BiH relates to women and children-members of minority groups - and it refers to non-discrimination on any ground such as, sex, race, colour, language, religion, political or other opinion, national or social background connected with national minorities, property, birth or other status, and it reads that all persons in BiH can enjoy the rights and freedoms foreseen by this article or by the international covenant mentioned in the Annex I to this Constitution.

In Bosnia and Herzegovina, there was no census after the war and there are no exact indicators on the number of national minorities, but according to the 1991 census, within the law, the following were mentioned: Albanians, Montenegrins, Checks, Italians, Jews, Macedonians, Germans, Polish, Russians, Roma, Romanians, Russians, Slovaks, Slovenians, Turks, Ukrainians.

Women and children, as well as men from these communities, are in unenviable position in everyday life. There is almost no positive example of protection of language identity in schools, judiciary system, police, public and private media outlets and other public services. The minorities are fully put to the margin in political, economic and public life of the country. The Roma population is especially affected with low percent of education of their children and low percent of Roma people being employed. Moreover, particularly Roma people, in a communication with other majority ethnic groups are in discriminatory position. The largest minority groups are organised through their non-governmental organisations the purpose of which is to render the humanitarian aid, to cherish their cultural heritage, especially language.

These non-governmental organisations closely co-operate with the Helsinki Committee for Human Rights in Bosnia and Herzegovina.

The BiH bodies of authorities have undertaken first steps to protect minorities. Namely, the Law on Protection of National Minorities is in course of adoption, which will create special legal framework for realisation of their rights in Bosnia and Herzegovina.

Annex VII of the Dayton Peace Agreement guarantees all persons displaced during the war their right to return to pre-war homes in Bosnia and Herzegovina. In BiH, at the end of last year, there were 617,350 refugees and about 520,000 displaced persons. About 730,000, out of which 79.5% in the Federation of BiH and 20.5% in RS, were registered for return to their pre-war homes.

Unfortunately, there are no records on women and children refugees and displaced persons, however, a number of the international organisations and domestic non-governmental organisations, specially women’s organisations, through their programmes are supporting and assisting refugees and displaced persons. Most often these programmes include humanitarian-social activities, education in the field of human rights, education in computers and rehabilitation of the housing fund. The state Ministry for Human Rights and refugees and Ministry for Labour, Social Policy, Refugees and Displaced Persons of the Federation of BiH and the Ministry for Refugees and Displaced Persons of RS are engaged in the issues of return. The international organisations: OHR, UNHCR, OSCE, UNMIBH, CRPC are assisting and supporting these ministries.

The problems in the process of return relate primarily to obstruction by the local authorities – long period taken for passing and implementing decisions; there are no programmes of self-sustainable return in terms of economic, social, legal and even physical security. About 20,000 people, with more than 80% of women, addressed only the Helsinki Committee for Human Rights in BiH during the year 2000 and in the first half of 2001. Naturally, all these obstacles heavily exhaust and discourage refugees and displaced persons who become subjects of manipulation of national-political parties, which, in addition, stimulate stay in the places to which they moved during the war. Thus therefore, return of people and their property and relationship towards returnees become key problem when speaking of human rights in Bosnia and Herzegovina.

This would be in fact the only road to the change of the viewpoint of the whole population and this starting existing created positive climate would be crowned with individual and collective freedoms in equality and dignity of all the people – because the freedom, equality and dignity are of the same gender.

[1] After the succession, it has been taken over from the FRY legislation, Official Gazette of RBiH 25/93

[2] Official Gazette of RS No. 22/2000

[3] Official Gazette of SRBiH No. 21/79; additions to this Law were published in the Official gazette No. 44/89

[4] Official Gazette No. 23/99 came into force on 31.12.1999.

[5] Official Gazette of FBiH, No. 8/99 came into force on 13.03.1999.

[6] Official Gazette of BiH, number 23 September 2001

[7] Official Gazette No. 43 of 28.10.1999 and Official Gazette of FBiH No. 32 of 8/00

[8] Official Gazette of RS No. 35/97 and No. 38 of 11/00

[9] Official Gazette of FBiH No. 29/97

[10] Official Gazette of FBiH No. 36/99

[11] Official Gazette of RS

I. Introduction

Implementation of the Convention on Elimination of all Forms of Discrimination Against Women, Articles 5,6,7 and 11

Article 5

Present situation