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  

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 

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 

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

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

On 26 March, the Office of the High Representative (OHR), an international body that oversees the 1995 peace agreement, used its “Bonn powers” to amend the law in the interests of improving electoral integrity This occurred in a context marked by the attempts from Republika Sprska’s (RS) Alliance of Independent Social Democrats (SNSD) and the Croatian Democratic Union (HDZ) to block the legislation in December 2023. HDZ said reforms failed to resolve Croat representation, while SNSD insisted on replacing Central Election Commission members before the amendment. The amendments include the digitalisation of the electoral process, barring convicted war criminals from running for office, and enhancing campaign finance transparency to prevent voter manipulation. The OHR provided for a brief grace period for BiH parliamentarians to find a common solution before the legislation enters into force. The changes are planned to be rolled out in general elections scheduled for 2026, and as a pilot, subject to technological capacity, in local elections in October 2024.

Sources: Balkan Insight (1), Balkan Insight (2), Reuters, Office of the High Representative (1), Office of the High Representative (2), International IDEA (1), International IDEA (2), European External Action Service, N1

The European Commission recommended that the European Union open accession negotiations with Bosnia and Herzegovina on 12 March, and the members of the European Council agreed on 22 March. As a condition for future membership, the EU says Bosnia and Herzegovina must commit to a wide range of reforms, including to improve the functioning of the judiciary, counteract corruption and organized crime, strengthen border and migration management, and to promote reconciliation in light of the legacies of the war. In its decision, the European Commission pointed to recent progress, including legislation on the prevention of conflicts of interest passed by Parliament on 8 March, improving transparency on the assets and activities of public officials.

Sources: European Commission (1), European Commission (2), International IDEA, N1, European Western Balkans (1), European Western Balkans (2)