The Human Rights Ombudsman of Bosnia and Herzegovina

The Human Rights Ombudsman of Bosnia and Herzegovina Skopje, October 3 -4, 2012 Almedina Karić, Communication and International Relations Adviser

History l Basis for work and functioning of Bi. H Ombudsmen are enshrined by Annexes IV and VI of the General Framework Agreement on Peace for Bosnia and Herzegovina concluded on 14 December 1995 l Ombudsmen Bi. H has started to function in 1996

History Bi. H Ombudsman and Human Rights Chamber constituted Bi. H Human Rights Commission l By 2004 Ombudsmen was international institution, and Ombudsmen a foreign citizen l 2004 -three Ombudsmen Ba. H citizens l 2008 -2014 - current Ombudsmen l

Mandate /Article 1 The Human Rights Ombudsman of Bosnia and Herzegovina is an independent institution set up in order to promote good governance and the rule of law and to protect the rights and liberties of natural and legal persons, as enshrined in particular in the Constitution of Bosnia and Herzegovina and the international treaties appended thereto, monitoring to this end the activity of the institutions of Bosnia and Herzegovina, its entities, and the District of Brčko, in accordance with the provisions of the present Law.

Mandate/Article 2 • • • The Institution shall consider cases involving the poor functioning of, or violations of human rights and liberties committed by, any government body. The Institution shall act either on receipt of a complaint or ex officio. The Institution may undertake general investigations. The Institution may recommend appropriate individual and/or general measures. The Institution shall not consider cases concerning decisions, facts or events prior to 15 December 1995.

Comparison Staff B&H: 26 staff members from which 8 was on temporarily base, Ø FB&H: 32 staff members Ø RS: 27 staff members Financial menagement Ø accountant and financial operational system was not existing Ø OI had a negative opinion of the Audit Office and for many years was among worse B&H institutions regarding financial discipline Ø Budget of OI had been reducing, because of the lack of budgetary effecting Location of OI Ø Headquarters and field presences had not been established in according of the Law Technical equipment of the Institution Ø OI was fully technical underequipped Legislation Ø OI was functioning without internal legal acts Cases Ø handover 1103 cases (period 2003 -2008) Satus OI Ø ICC Re-accreditation was postponed based on request of Ombudsmen Ø B&H: 56 staff members Financial menagement Ø accountant and financial operational system established Ø OI got a positive opinion of the Audit Office for 2009/2010/2011 - financial discipline is fully established Ø Budget of OI has increased, Budget 2. 7 Location of OI Ø Headquarters and field presences are established and moved to new offices. Mostar and Livno established, Tuzla/ open days system established Technical equipment of the Institution Ø OI is fully technical equipped – IPA Fond 2007 Ø Established data base and digital case management system – OSCE system Legislation Ø All internal legal acts are adopted Cases Ø Increasing number of cases Status OI Ø Past ICC re-accreditation 2009 and 2010 and finally OI got status A Ø OI member of all international networks Ø regional cooperation Ø

SCA ICC Recommendation / 2009 v Civil society and other groups are not involved in the appointment process. The SCA refers to General Observation 2. 2 "Selection and appointment of governing body“ v The importance of financial autonomy, both in terms of budget submissions and financial controls. The SCA refers to general Observation 2. 6 "Adequate funding".

SCA ICC Recommendation / 2009 v The Law on Salaries in Bosnia & Herzegovina has repealed the provision in the Law of the Human Rights Ombudsman that entitled members to a salary equal to that of the Constitutional Court Judge. This abrogation may impact the Ombudsmen's independence. v It commends the IHROBH on its concrete efforts to implement a regular consultation

SCA ICC Recommendation / 2009 mechanism with civil society organizations. However, this cooperation should be formalized. The SCA also emphasizes that engagement with civil society must be broader based, to ensures pluralistic representation of social forces as required by Paris Principles. v It reiterates the need for the IHROBH to interact effectively and independently with the International Human Rights System.

SCA ICC Recommendation / 2009 v It recommends that the mandate of the IHROBH be strengthened to include human rights promotion and refers to General Observation 1. 2 "Human rights mandate“ v In the absence of an Annual Report for 2008 -2009, the SCA is not able to assess the activities implemented over the past year, and encourages the IHROBH to submit this in any future applications for the accreditation. The SCA refers to General Observation 6. 7 on "NHRI Annual report“

SCA ICC Recommendation / 2010

Challenges Ø Ø Ø do the State truly want independent NHRI do Institution have capacities to function fully in accordance with Paris principals obligations of interaction with UN bodies and Committees how much really Institution can be financial independent model of cooperation with NGO sector

If you decide. . . Ø Ø Ø have a team working on it ask for peer to peer support ask for support inside of European Group of NHRI provide as much as possible evidence explain and use all mechanisms in process

Thank you for your attention! akaric@ombudsmen. gov. ba www. ombudsmen. gov. ba