Entrenchment of Independent, Financially Sustainable and Effective Human Rights Institution
The protection of human rights is not only a constitutional requirement, but a prerequisite and instrument for long-term stability. The establishment of sustainable, functionally effective and independent human rights institutions is mandated by the Dayton Peace Agreement and a key condition of Bosnia and Herzegovina’s (BiH) integration into the Euro-Atlantic institutions.
The effectiveness of the protection of human rights in BiH depends on the coherence of the protection machinery, the credibility of those institutions that monitor human rights implementation throughout the country, the adequacy of the legal provisions that establish and regulate the work of those institutions and the political commitment to fund institutions and implement recommendations and decisions of those institutions. Two institutions are currently mandated to promote and protect human rights nationally:
The Constitutional Court of BiH
Support for domestic human rights remains, therefore, a core part of the OSCE’s activities. The Mission works to facilitate the entrenchment of independent, financially sustainable and effective human rights institutions. Activities have included political support, assistance to State and entity government agents in implementing decisions of the Human Rights Chamber, capacity building, co-ordination of the institutions’ funding requests and State and entity budgetary commitments, support to the restructuring of the institutions and submission of amicus curiae (friend of the court) briefs on cases concerning human rights issues. The OSCE also provides advice on other legislation affecting human rights.
The BiH Constitutional Court has jurisdiction over issues concerning compatibility with the Constitution, the European Convention for Human Rights and Fundamental Freedoms and its Protocols. As well as ruling on issues referred to it from other BiH courts, the Constitutional Court can rule on the scope of a general rule of public international law pertinent to the court’s decision, or whether it is applicable. Additionally, it receives appeals against decisions from courts where there are allegations that they violate the Constitution, including the provisions on human rights.
The Court also possesses the jurisdiction to decide if a provision of an entity constitution is inconsistent with the BiH Constitution. Such disputes can be referred to the Court by a member of the BiH Presidency, the Chair of the BiH Council of Ministers, the Chair or Deputy Chair of either Chamber of the BiH Parliamentary Assembly, one quarter of the members of either Chamber of the Parliamentary Assembly, or by one quarter of either Chamber of an entity legislature.
BiH Ombudsman
For over a decade, the OSCE has been closely involved with the development of efficient, independent and sustainable Ombudsman Institutions in BiH. Until 2006, three Ombudsman Institutions existed which functioned independently from each other, one at state and two at entity level.
Membership of the Council of Europe, and negotiations on the Stabilisation and Association Agreement with the European Union, identified as a priority the issues of full nationalisation of State Ombudsman Institution and the merger of the State and the entity Ombudsman Institutions. Both the House of Representatives and the House of the Peoples adopted a law providing the basic legal framework for the restructuring process of the Ombudsman institutions in March 2006.
One of the primary objectives of the restructuring process, beside structural change, is to bring BiH Ombudsman Institution closer to international standards. A unified and independent institution at the State level is also of crucial importance for the national system to protect human rights of every individual, to promote the rule of law, as well as to ensure proper conduct of public administration at all levels of BiH authorities. A single institution also creates conditions in which problematic issues could be tackled holistically and systematically at the root.
The OSCE strongly supports the rapid transition from three to one State institution. The Human Rights Department was closely involved in drafting the Working Plan for the transitional period, the setting up of an operational framework for the new unified institution and following up the process of the enactment of legislation in both entities. Once the Institution begins to function at a normal operational level, the Mission will focus on general capacity building and institutional development of the Ombudsman offices. |
