Bosnia and Herzegovina

Executive Summary

Bosnia and Herzegovina (BiH) is a democratic republic with a bicameral parliament. Many governmental functions are the responsibility of two entities within the state, the Federation and the Republika Srpska (RS), as well as the Brcko District, an autonomous administrative unit under BiH sovereignty. The 1995 General Framework Agreement for Peace (the Dayton Accords), which ended the 1992-95 Bosnian war, provides the constitutional framework for governmental structures, while other parts of the agreement specify the government’s obligations to protect human rights and enable the right of wartime refugees and displaced persons to return to their prewar homes or be compensated for properties that cannot be restored to them. The country held general elections in October 2018. As of December, however, the election results had not been fully implemented, as the state-level government and two cantonal governments had not yet been formed. The Organization for Security and Cooperation in Europe’s Office for Democratic Institutions and Human Rights (OSCE/ODIHR) reported that elections were held in a competitive environment but were characterized by continuing segmentation along ethnic lines. While candidates could campaign freely, ODIHR noted that “instances of pressure and undue influence on voters were not effectively addressed,” citing long-standing deficiencies in the legal framework. ODIHR further noted that elections were administered efficiently, but widespread credible allegations of electoral contestants manipulating the composition of polling station commissions reduced voter confidence in the integrity of the process. More than 60 complaints of alleged election irregularities were filed with the Central Election Commission.

State-level police agencies include the State Investigation and Protection Agency, the Border Police, the Foreigners Affairs Service (partial police competencies), and the Directorate for Police Bodies Coordination. Police agencies in the two entities (the RS Ministry of Interior and the Federation Police Directorate), the Brcko District, and 10 cantonal interior ministries also exercise police powers. The armed forces provide assistance to civilian bodies in case of natural or other disasters. The intelligence service is under the authority of the BiH Council of Ministers. An EU military force continued to support the country’s government in maintaining a safe and secure environment for the population. While civilian authorities maintained effective control of law enforcement agencies and security forces, a lack of clear division of jurisdiction and responsibilities between the country’s 16 law enforcement agencies resulted in occasional confusion and overlapping responsibilities.

Significant human rights issues included: significant problems with the independence of the judiciary; restrictions of free expression, the press, and the internet, including violence and threats of violence against journalists; significant government corruption; trafficking in persons; and crimes involving violence or threats of violence against members of national/ethnic/racial minorities and lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons.

Units in both entities and the Brcko District investigated allegations of police abuse, meted out administrative penalties, and referred cases of criminal misconduct to prosecutors. Observers considered police impunity widespread, and there were continued reports of corruption within the state and entity security services. Ineffective prosecution of war crimes committed during the 1992-95 conflict continued to be a problem.