Bosnia and Herzegovina - July 2023

On 1 July, the Office of the High Representative (OHR) moved to annul two laws passed in Bosnia and Herzegovina (BiH)’s Republika Srpska (RS) entity. The laws, adopted by the RS Parliament in June, refuse to recognise decisions taken by two key institutions established by the Dayton Agreement which ended the Bosnian war in 1995, namely BiH’s Constitutional Court and the OHR itself. In its decision, the OHR stated that the laws undermine the Dayton Agreement, as well as BiH’s stability and unity. The OHR also amended BiH’s criminal code to facilitate the prosecution of any illegal action in contravention of the country’s constitutional order, and the Prosecutor’s office has since ordered the questioning of Milorad Dodik, President of RS, over his refusal to execute decisions of the High Representative. Dodik remained undeterred and, in July, threatened on social media to hold a referendum on the status of RS within BiH.

Sources: RFERL (1), RFERL (2), Sarajevo Times, Balkan Insight, Euractiv, N1, Raport, Office of the High Representative

The Republika Srpska (RS) National Assembly adopted amendments to the entity’s criminal code reintroducing criminal penalties for defamation. The amendments were opened to public debate in March, and were vocally resisted by NGOs and journalists as constraining public debate and media independence. In response to concerns raised during the public debate, maximum fines for crimes of defamation were drastically reduced, language was introduced to protect disclosure of information in the public interest, and provisions to criminalise insult were removed. However, media freedom groups have said that the changes fall short in addressing their concerns, in particular taking issue with the retention of a controversial provision which makes unauthorised publication of video recordings and photographs punishable by imprisonment of up to two years. UN human rights experts have expressed concerns that the provisions will contribute to a climate of shrinking civic space in the country.

Sources: OHCHR, Article19, RFERL (1), RFERL (2), OSCE, Sarajevo Times