Monitoring Matrix on Enabling Environment for Civil Society Development: Country Report Bosnia and Herzegovina 2022

Centar za promociju civilnog društva (CPCD) and the Balkan Civil Society Development Network are pleased to present the Monitoring Matrix on Enabling Environment for Civil Society Development, regarding the developments in Bosnia and Herzegovina throughout 2022.

The report is part of a series of country reports covering seven countries in the Western Balkans and Turkey: Albania, Bosnia and Herzegovina, Kosovo, North Macedonia, Montenegro, and Serbia.

According to the findings for 2022, the Law on Peaceful Assembly is unanimously adopted by the Assembly of the Brcko District of BiH and is fully EU standardized; Working Groups in the governments of Federation of BiH and RS work on amendments to the law to improve the protection of fundamental rights and freedoms of its inhabitants. Due to increase of hate speech, a Member of the Parliament of BiH, submitted to the parliamentary procedure a proposal to amend the BiH Criminal Code to expand the punishment of hate speech, so that it is not, as before, only because of national, racial, or religious hatred or intolerance, but to be any form of hatred that contaminates the public space of BiH for years. No progress was made on guaranteeing freedom of expression and of the media, on protecting journalists and activits against threats and violence by ensuring an appropriate judicial follow-up, nor on ensuring the financial sustainability of the public broadcasting system, while new pressures from entrepreneurs and investors in the construction of small hydropower plants were recorded specifically on environmental activists. The Law on Freedom of Access to Information at the state level, which has regulated the issue of access to information for two decades, still points to the need for its harmonization with international standards and elimination of shortcomings arising from its practical application. CSOs were targeted in the investigation of corrupt practices and abuse of position, suspected of “laundering” hundreds of thousands of KM, while the Administration for Indirect Taxation of BiH (AIT) attempted to collect VAT on all grants of CSOs. The Audit Office of the Institutions of BiH, based on the Law on Audit of Institutions of BiH, prepared a report on its activities for the past year and started a new Office’s Strategic Development Plan 2021-2025 which includes an annual performance audit plan and identification of socially significant issues facing CSOs.

The report provides key recommendations, alluding that CSOs need to work closely with the Ministry of Justice BiH to finalize the Draft Law on Freedom of Access to Information at the Level of BiH Institutions, which transposes the provisions of Directive (EU) 2019/1024 of the European Parliament and of the Council on open data and re-use of public sector documents to be adopted by the Council of Ministries of BiH in 2022. Also, CSOs need to prepare initiative for amendment to the Law on Value added tax of BiH; Public institutions need to create mechanisms for greater protection of environment activists who have been evidently exposed by threats, pressure and violence of politicians and entrepreneurs; CSOs should answer to all calls on cooperation with the Audit Office of the Institutions of BiH, their preparation of strategic plans and activities they seek to consider in 2022 on socially significant issues facing CSOs; It is necessary to strengthen the networking, cooperation and joint action between CSOs, media and independent trade unions.

The report was made through the financial support of the Swedish International Development and Cooperation Agency (SIDA), as part of the project “Protecting Civic Space: Regional Civil Society Development Hub” implemented by the Balkan Civil Society Development Network.

Read more and download the report in the English language HERE