
Bosnia and Herzegovina

Bosnia and Herzegovina (BiH) performs in the mid-range across all Global State of Democracy (GSoD) categories of democracy, though its Rule of Law and Representation scores are on the lower end of mid-range. Between 2018-2023, BiH declined in Credible Elections and Elected Government, and has not seen any significant advances. There have been no significant changes compared to five years ago. BiH is an upper-middle-income country, with important services, manufacturing and agricultural industries.
Although Bosnia and Herzegovina was declared a kingdom in 1377, it lacked autonomy for much of its history, including over 400 years under Ottoman rule. It established its current borders in 1946 when it became a federal unit within Yugoslavia. In a 1992 referendum, Bosnian Muslims (Bosniaks) and Croats voted overwhelmingly for secession from Yugoslavia, while Serbs predominantly boycotted the vote, preferring to remain attached to a Serb-dominated Yugoslavia. After the vote, BiH declared its independence and received international recognition. Almost immediately, fighting broke out, resulting in the Bosnian War, one of the deadliest in Europe since the Second World War. The Dayton Peace Agreement (DPA) brokered by the United States in 1995 put an end to the war and enshrined Bosniaks, Croats, and Serbs as the country’s three constituent peoples and establishing what some call the world’s most complicated governance system. The link between ethnicity and representation established by the DPA has led to the strengthening of ethnic political elites and the emergence of a system often characterized as an ethnocracy or as an ethnically-based kleptocracy. Over the years, Republika Srpska (RS) has favoured close ties with neighbouring Serbia and with Russia, and has undermined BiH’s accession to the European Union, negotiations for which have been ongoing since March 2024.
Constitutional discrimination against ethnic minorities of non-constituent peoples, including the Roma minority, remains a challenge. The grievances related to war atrocities, particularly the Srebrenica Massacre (ruled a genocide), continue to shape the country’s politics. In 2024, the United Nations General Assembly approved the Srebrenica Genocide Resolution, leading to intensified calls for secession from the RS leadership and exacerbating concerns about genocide denial. The country has struggled with economic stagnation, emigration and brain drain, and a loss of faith in government institutions. Another sticking point is elections, which continue to be marred by allegations of discrimination as well as biased media coverage and divisive rhetoric limiting public debate.
With regards to Gender Equality, GSoD Indices data show that BiH performs at the mid-range. Legislation, policies and institutional mechanisms related to gender equality and anti-discrimination are in place, yet implementation of policies is uneven. Discrimination at work, threats against women and LGBTQIA+ activists, gender-based violence and impediments to equal political participation persist.
Looking ahead, it will be important to monitor recent legislation passed in RS granting the entity exclusive authority over conducting elections and organising referendums in RS for impacts on Credible Elections and Predictable Enforcement. Rule of Law can also be affected by the EU integration process. Attention should be paid to specific efforts to counter terrorism and money laundering, and prevent potential conflicts of interest among public officials, including the adoption of the Anti-Corruption Strategy in 2024. It will also be important to watch Personal Integrity and Security, as memories of the war loom large, secessionist threats from the leadership of Republika Srpska escalate, and ongoing ethnic tensions strengthen. With the decreased trust in institutions, many voters remain apathetic, cynical, and risk-averse. As a result, Participation (particularly Civic Engagement) and Political Equality will be key to future progress.
Last Updated: August 2024
https://www.idea.int/democracytracker/
May 2025
Court issues landmark conviction for genocide denial
On 22 May, the Bosnian state court sentenced Vojin Pavlović, head of the NGO Eastern Alternative, to two and a half years in prison for genocide denial and glorifying war criminals. The ruling is one of the first genocide denial convictions in Bosnia and Herzegovina (BiH). In 2023, Pavlović publicly displayed banners celebrating the anniversary of the Srebenica genocide and the birthday of Ratko Mladić, the former military commander convicted of genocide and other war crimes by the Hague Tribunal in 2017. The court cited incitement to hatred in its decision and argued that Pavlović’s actions created a sense of fear and insecurity among war victims and survivors. The presiding judge described the verdict as a significant step forward in addressing genocide denial. Genocide denial was included as an offence in BiH’s criminal code in 2021. The Association of Victims and Witnesses of Genocide has criticized the judiciary for not taking sufficient action to prosecute genocide denial under the legislation. The verdict can be appealed.
Sources: Balkan Insight (1), Balkan Insight (2), Balkan Insight (3), Balkan Insight (4), KosovaPress, Court of Bosnia and Herzegovina
Actions suspending public funding for parties raise political competition concerns
On 21 May, the National Assembly of Republika Srpska (RS) approved legislation under an urgent procedure halting public funding for political parties at the entity and local government levels. The law additionally increases the maximum thresholds for private contributions. The move follows a decision taken on 24 April by Bosnia and Herzegovina (BiH)’s Office of the High Representative to suspend public funding to the ruling coalition in RS, including the Alliance of Independent Social Democrats (SNSD) and United Srpska parties, citing recent attacks on BiH’s constitutional order. The law was denounced by RS opposition parties as disproportionately harming smaller parties, undermining political pluralism and competition. Local NGOs have raised concerns that the law’s failure to specify prohibited sources of funding may lead to abuses. The OSCE Mission to BiH warned that the law risks expanding political corruption and leading to unequal treatment between governing and opposition parties.
Sources: Balkan Insight (1), Balkan Insight (2), Constitution Net, Office of the High Representative (1), Office of the High Representative (2), Organization for Security and Co-operation in Europe, Barron’s, International IDEA, House of Human Rights
February 2025
Federation entity strengthens protections for victims of domestic violence
On 4 March, the Parliament of the Federation of Bosnia and Herzegovina (FBiH), one of the country’s two federal entities, passed amendments to the Law on Protection from Domestic Violence. Introduced by the entity’s Justice Ministry, these amendments aim to enhance support for victims of domestic violence and violence against women by establishing a 24-hour SOS hotline that provides anonymous advice across FBiH. The amendments ensure that women are also protected outside of marriage, and that children who are present in the room during an act of violence are recognised as victims. Additionally, the changes tackle impunity for domestic and gender-based violence by granting police greater authority to intervene and detain suspects, as well as to monitor offenders with electronic bracelets. This allows police to track abusers who have been given a restraining order.
Sources: OSCE, Balkan Insight, Sarajevo Times, Radio Slobodna Evropa
Republika Srpska rejects authority of central government institutions after entity president’s conviction
On 26 February, the Parliament of Republika Srpska (RS), one of the state of Bosnia and Herzegovina (BiH)’s two federal entities, approved legislation rejecting BiH’s state-level justice and police authorities, barring them from exercising jurisdiction in the entity. The move followed the BiH state court’s sentencing of RS President Milorad Dodik to one year in prison, with a six-year ban on holding political office, the previous day. Dodik was convicted of undermining the central government’s authority and failing to comply with the decisions of the Office of the High Representative, the body responsible for overseeing the peace agreement that ended the Bosnian war. The law targets BiH’s state court, prosecutor’s office and police force, as well as the High Judicial and Prosecutorial Council (VSTV) responsible for appointing the country’s judges and prosecutors. Dodik dismissed the ruling and stepped up secessionist rhetoric at a rally in Banja Luka. Dodik was given two weeks to appeal the ruling.
UPDATE: On 7 March, Republika Srpska police raided the State Investigation and Protection Agency’s (Bosnia and Herzegovina’s national police service) Banja Luka office. On 12 March, BiH’s state-level prosecutors issued an arrest warrant for RS President Milorad Dodik, as well as the Prime Minister and National Assembly Speaker, citing an attack on the constitutional order. Dodik rejected the warrant’s validity and refuses to recognise BiH’s state-level Prosecutor’s Office. The state-level Constitutional Court temporarily suspended the RS laws banning the operation of state-level security and judicial institutions in RS. The European peacekeeping force, EUFOR, has announced plans to strengthen its presence in response to the tensions.
Sources: European Western Balkans, International IDEA, Balkan Insight, Novinite, Office of the High Representative, RS National Assembly
New Sources: Euronews, Deutsche Welle, Balkan Insight
Republika Srpska enacts ‘foreign agent’ law
On 27 February, the Republika Srpska (RS) Parliament approved the ‘foreign agent’ law in a vote boycotted by the opposition, and it was swiftly published in the official gazette. The law is nearly unchanged from the previous draft law proposed in 2023 and later withdrawn in 2024. It, was re-introduced this month under an urgent procedure following the criminal conviction of RS President Milorad Dodik. It regulates the activities of NGOs receiving foreign funding, requiring them to register as ‘foreign agents’ and comply with strict reporting to the RS Justice Ministry. In case of a violation, the Ministry can issue an administrative fine, request the court to ban the NGO’s operations, or initiate criminal proceedings against the organisation’s management under the law. The legislation has been criticised by local NGOs citing concerns for the suppression of critical voices, as well as the Council of Europe Commissioner for Human Rights, who warned it could discourage organisations from advocacy.
Sources: Klix, Article19, International IDEA, RFE/RL, Balkan Civil Society Development Network, Council of Europe, RS National Assembly
July 2024
New laws create parallel electoral system in Republika Srpska
On 17 July, two new laws - the Election Law and the Civil Initiative Law - entered into force in Republika Srpska (RS), one of the two entities of Bosnia and Herzegovina (BiH). These laws grant RS exclusive authority over conducting elections and organising referendums within the entity. The Election Law seeks to establish a Republic Election Commission, which would take over the responsibilities of BiH’s Central Electoral Commission for organizing elections within RS, including elections for the entity’s Parliament, President and Vice President, and local elections. However, on 24 July, the BiH Constitutional Court temporarily suspended the laws, with the Court’s final decision still pending. Representatives of the Peace Implementation Council’s Steering Board, created after the 1995 Dayton Peace Agreement, expressed concern in a joint statement that these laws could threaten the integrity of local elections scheduled for October.
Sources: International IDEA, Slobodna Evropa, Faktor, Office of the High Representative, Balkan Insight, RFE/RL
June 2024
Council of Ministers adopts anti-corruption strategy
On 18 June, the Council of Ministers of Bosnia and Herzegovina (BiH) adopted a Strategy for the Fight against Corruption, covering 2024-2028, and an accompanying Action Plan for Implementation. The Strategy is consistent with the 14 key priorities needed for EU membership. The Strategy aims to strengthen the capacity of law enforcement agencies, tax authorities, judicial bodies, and other institutions involved in tackling corruption in BiH. It also seeks to boost information exchange and cooperation between institutions in BiH and across borders. BiH had been without an anti-corruption strategy at the state-level since 2019, when the previous strategy expired. A 2023 evaluation report from the Council of Europe’s corruption monitoring body GRECO noted a “legal vacuum” in state-level corruption prevention policy. The Strategy and Action Plan enter into force in July, and BiH’s national anti-corruption agency (APIK) will be responsible for monitoring their implementation.
Sources: Council of Ministers (1), Council of Ministers (2), OSCE Mission to Bosnia and Herzegovina, European Western Balkans, Radio Sarajevo, GRECO, Official Gazette
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