Promoting and Protecting Economic and Social Rights
The OSCE Mission to BiH deals with the human rights aspects of economic and social development. |
The Mission focuses its efforts on creating conditions for everyone to be able to enjoy his/her economic, social, and cultural rights as well as his/her civil and political rights. The Mission’s Economic and Social Rights Programme is designed to:
- Bring a human rights perspective to economic and social development in Bosnia and Herzegovina;
- Assist public authorities in identifying and addressing human rights concerns so that while they carry out their mandate, they do so in a way that is human rights compliant and which aims at the progressive realization of the international standards;
- Identify structural focus issues which if addressed by the authorities will lead to the progressive realization of these rights for all persons, and in particular for those who are most vulnerable;
- Enhance the work of other international agencies and external donors involved in economic and social development.
Certain areas of development which are vitally important in BiH, including social security/social assistance, health and a healthy environment, and social housing/national housing strategy form a crucial part of our programmes. Monitoring domestic compliance with international human rights law and standards; producing reports; and devising appropriate intervention strategies are ways in which the Mission achieves its aims.
Monitoring the Human Rights Aspects of Economic and Social Development
While there are substantial efforts at the State, entity, and cantonal/municipal level to promote economic and social development, and various efforts to monitor the human rights aspects of it, there is no one agency with a comprehensive programme for monitoring whether economic and social development is human rights compliant throughout BiH.
The Mission is well placed to deal with the human rights aspects of economic and social development given the extent of its field presence and their wide experience in dealing with citizens throughout BiH.
Therefore, the Mission’s Teams are crucial to developing a comprehensive monitoring and intervention system to promote and defend economic and social rights in BiH. To this end the Mission continues to co-ordinate with and build upon the efforts of other international and local organizations working in this field.
Previously the predominant focus of the Mission in Bosnia and Herzegovina has been the highly successful Property Law Implementation Plan which was established to ensure that refugees and displaced persons were able to repossess their pre-war property as a precondition to deciding whether or not to return. The Mission is also involved in helping to create the general conditions for return in compliance with Annex 7 of the Dayton Peace Agreement (GFAP).
As the implementation of PLIP draws to a close and the post-conflict period in BiH ends, the Mission will place an increasing emphasis on the implementation of Annex 6 of the GFAP which provides that “the Parties shall secure to all persons within their jurisdiction the highest level of internationally recognized human rights and fundamental freedoms”. Accordingly, the Mission has adjusted its focus to ensure that all persons (and in particular those who are most vulnerable e.g. persons with disabilities, older persons, national minorities with Roma in particular, women, children, returnees, displaced persons, etc) will be empowered to know demand and defend their economic and social rights, and to realize them to the fullest extent possible and to the maximum of available resources.
Rights, Remedies and Issue Based Approach
The Mission’s approach to this work is defined as “rights based”, “remedies-based” and “issue-based”:
Access to Justice Campaign poster delineates how returnees to Republika Srpska can access their rights to health insurance. |
“Rights-based” means that we establish whether there are any gaps between international human rights standards and the domestic law and between international human rights standards/domestic law and domestic practice. If such gaps are identified the root cause of human rights concerns will be determined through further field research. This, in turn, enables us to propose intervention strategies with competent public authorities at the appropriate levels of government and to make specific recommendations for developing a more “human rights compliant” economic and social policy. The Mission will identify gaps between international and domestic law and between international standards and domestic practice based on input provided by its staff in the field.
“Remedies based” emphasizes the need to measure the effectiveness of administrative and judicial remedies in order to ensure that all persons have the ability to correct a legal wrong against them or to protect a right.
“Issue based” requires that the Mission’s staff identify structural focus issues which are defined as issues which present the primary, specific and significant obstacle to the realization of the economic and social rights in focus, and which, if overcome will lead to the progressive realization of these rights. This approach requires a monitoring strategy and an intervention strategy. The Mission does specific research and collect data to determine the extent to which a right is realized in relation to the international standard, and to identify the most important obstacle to its realization.
This allows us to be in a position to produce concise reports which focus on the issue identified, refer to the relevant domestic and international human rights law, gaps in the laws or in their implementation, and make recommendations for its fuller realization at the appropriate level – Municipal, Cantonal, Entity and State).
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