Bosnia and Herzegovina added to the Watchlist of human rights violations due to violations of key elements of the Dayton Agreement

UNDER EMBARGO

• Republika Srpska adopted a law rejecting the jurisdiction of the Constitutional Court of Bosnia and Herzegovina
• Defamation has been criminalized again in an atmosphere of worsening attacks on journalists and activists
• The “Foreign Agents Low” which criminalizes civil society is on the agenda of the National Assembly of the RS

CIVICUS Monitor has added Bosnia and Herzegovina to its Watchlist of countries where a rapid decline in civil liberties has been recorded, due to the adoption of laws that affect the judiciary, as well as attacks on activists and civil society.

There are threats to peace, as the authoritarian leader of Republika Srpska (RS), the majority Serb entity in the country, continues to undermine the 1995 Dayton Agreement that ended the war in Bosnia. The National Assembly of the RS recently adopted laws rejecting the competences of the Constitutional Court of Bosnia and Herzegovina and the international peace envoy overseeing the Agreement. The President of the RS Milorad Dodik declared these moves “the cleansing of Bosnia and Herzegovina from foreign influence”. In addition to these, several laws were proposed or adopted in recent months that limit the activities of civil society and the media, including a law on “foreign agents” similar to the Russian one, which will be considered at the session of the National Assembly of the RS on September 26, 2023.

“Legislative efforts in Republika Srpska that undermine civil space are deeply worrying and show that the authorities are taking a step backwards on the EU path.” said Dajana Cvjetković, program manager of the Center for the Promotion of Civil Society (CPCD). “The law on ‘foreign agents’ does not only threaten the work of civil society, it is an attack on the basic freedoms of all citizens, guaranteed by international law and the Constitution of Bosnia and Herzegovina. It is essentially a legal tool to destroy any criticism of the government.”

The CIVICUS Monitor Watchlist, published to coincide with the 54th session of the United Nations Human Rights Council (11 September – 13 October), highlights five countries at risk of a sharp decline in civil rights and freedoms. The list is based on data collected by the CIVICUS Monitor, which monitors the state of civil liberties in 197 countries and territories using data from partners research around the world. In addition to Bosnia and Herzegovina, the latest list includes Bangladesh, Ecuador, Senegal, and the United Arab Emirates.

Bosnia and Herzegovina is one of the freer countries on the latest watch list. CIVICUS Monitor currently rates the civic space in BiH as “narrowed”, just one step below the highest ranked “open”.

“Given this targeting of the media and civil society, Bosnia and Herzegovina risks becoming one of the restrictive countries in the Western Balkans,” said Tara Petrović, CIVICUS researcher for Europe and Central Asia. “However, there is still room to reverse the negative trend and pave the way for a favorable environment for freedom of speech and association in the country.”

Since March, the authorities in Republika Srpska have been pushing for more repressive laws despite strong protests from the international community. In July, the National Assembly of the Republic of RS adopted amendments that re-criminalize defamation after 20 years, which worsened the already dangerous environment for the media in the country. Violence and threats to journalists are common throughout Bosnia and Herzegovina and have recorded a significant increase since 2022.

Another worrisome development is the Draft Law on the Special Register and Publicity of the Non-Profit Organizations work, which should be the subject of discussion in the National Assembly of the RS at the end of September. By introducing a strict ban on “political activities”, it would prohibit civil society and foreign-funded non-profit media from discussing issues of public interest under the threat of being shut down or prosecuted. In addition to these, more laws directed against activists could soon follow, since President Dodik announced that laws banning LGBTQI+ activists from schools, as well as “the law on enemies of Republika Srpska” are on the agenda.

“We invite the authorities of Republika Srpska to abandon the proposed laws that limit basic civil liberties.” Petrovic said. “Respecting everyone’s human rights and encouraging open debate are especially crucial in the context of a fragile democracy like Bosnia and Herzegovina.”