Bosnia and Herzegovina ratified the Framework Convention on the Protection of National Minorities and adopted the Law on Protection of Members of National Minorities in April 2003. The Law was amended and specifications were added in June and October 2005.

The additions included state-level financial support earmarked for national minorities, relations with the media, promoting positive discrimination in employment, quality education for the children of national minorities and, importantly, a legal requirement of 60 days to establish the Council of National Minorities in BiH to oversee implementation of this Law.

There are 17 legally recognized national minorities in BiH, of which Roma are the largest. It is estimated that there are between 30,000 to 60,000 Roma in the country. This figure was determined during a joint fact-finding project by the OSCE High Commissioner on National Minorities and the Council of Europe.

Support toward the strengthening the capacity on national minority NGOs and increasing their access to government authorities and human rights institutions continues to be one of OSCE’s priorities. With this in mind, the OSCE Mission works mostly with Roma, as the largest minority in BiH, through the Roma Advisory Board in the creation and realization of the National Action Plan for Roma in BiH. This plan is aimed at ensuring the full and effective participation of Roma in government policy bodies and structures, as well as combating discrimination and prejudice against Roma.

Focus on Roma as the largest national minority in BiH

Political Empowerment of Roma
Roma Informal Settlements
Civil Registration of Roma

My place is in school - Roma have the right to equal access to education.

As a socially, economically and politically marginalized group, the issues of concern to Roma are diverse. They range from access to education to employment discrimination; housing and property needs to the revival of the Romani culture and language. Roma in post-war BiH face a series of difficulties exercising the full range of fundamental human rights guaranteed under the BiH Constitution. Such difficulties have been compounded by the displacement caused by the war. Of particular concern are issues regarding property rights and access to personal documents.

Bosnian Roma were recognized as a national minority in Bosnia and Herzegovina when it was a member of the former Socialist Federal Republic of Yugoslavia. Nevertheless, Roma in BiH were not politically represented in government bodies and structures, nor were they ever politically organised. A continued lack of organised political representation, coupled with prejudice and discrimination, make Roma one of the most vulnerable groups in society.

Roma face a range of problems linked to the lack of respect for their human rights. Denial of the right to property stems from longstanding uncertainty about the legal status of Roma settlements. Denial of other rights, such as access to social welfare and education, in part stems from problems many Roma face in registering with the civil authorities. In turn, a lack of education creates an unfair disadvantage in finding a job – making it difficult or impossible for Roma to secure employment. Meanwhile, with little access to social welfare, unemployed Roma have become one of the poorest groups in society.

Political empowerment of Roma

In the summer of 2003 the first Roma political party was registered as the Democratic Party of Roma. The OSCE Mission supports the political empowerment of the Roma minority to ensure their full and effective participation in government policy bodies and structures through the establishment of the Council of Roma and the National Advisory Board on Roma, within the BiH Ministry of Human Rights and Refugees.

In 2006, the Mission will intensify its work in mediating and moderating the discussion and dialogue within the Board to ensure increased political support in view of upcoming elections in BiH.

It is essential that Roma are given the necessary political and financial support to strengthen their capacity and co-ordination to facilitate their involvement in the further development, implementation and assessment of policies and programmes aimed at improving their situation and status in BiH.

Roma informal settlements

Children play in front of their house in the Roma settlement Gorica in Sarajevo.

The property situation of Roma is particularly problematic. Prior to the war, a large number of the Roma community in BiH lived in settlements built on State-owned land, which were often not recognized by local authorities. As a result there are few records establishing the Roma settlements, and no concrete information on the total number and location of such settlements.

The OSCE’s preliminary field research identified more than 30 such settlements throughout BiH. Most residents do not have any legal title over the land they have resided on for decades or longer. Nor can they receive assistance from donors for reconstruction of homes, since most donors require proof of ownership. Many Roma settlements were destroyed during the course of the war, and Roma regularly face eviction from existing ones.

Civil registration of Roma

The lack of personal documents such as birth certificates, identification cards or registered residence further contributes to the exclusion of Roma from society. Failure to register a child at birth prevents enrolment in school and inclusion in the social welfare system. Lack of personal documents also influences their access to healthcare and participation in elections. The inability to secure documents is related to poverty and the perceived low social status of the Roma community with BiH. Many Roma do not register the birth of their children for various reasons, although registration is obligatory under BiH law.

The OSCE Mission is assisting the Roma minority in civil registration by facilitating dialogue with local authorities to simplify the complex procedures of late registration. Also, the Mission has implemented a number of information campaigns to raise awareness within the Roma population about the importance of registration.