Women
Rape and Domestic Violence: The maximum penalty for rape, regardless of gender, including spousal rape, is 15 years in prison. The failure of police to treat spousal rape as a serious offense inhibited the effective enforcement of the law. Women victims of rape did not have regular access to free social support and assistance, and continued to confront prejudice and discrimination in their communities and from representatives of public institutions.
While laws in both entities empower authorities to remove the perpetrator from the home, officials rarely, if ever, made use of these provisions. Law enforcement officials were frequently under the mistaken impression that they needed to concern themselves with where the perpetrator would live. As a result, women in danger were compelled to go to safe houses. NGOs reported that authorities often returned offenders to their family homes less than 24 hours after a violent event. In the Federation, authorities prosecuted domestic violence as a felony, while in the RS it can be reported as felony or misdemeanor. Even when domestic violence resulted in prosecution and conviction, offenders were regularly fined or given suspended sentences, even for repeat offenders.
The country undertook several initiatives to combat rape and domestic violence. In June a Ministry of Human Rights and Refugees report on the prevention and combat of domestic violence noted that more than 2,200 professionals working in administration, police agencies, health care, and social service institutions had received training on gender-based violence. In addition, the BiH Gender Equality Agency has a memorandum of understanding with the country’s nine safe houses run by NGOs, which could collectively accommodate up to 200 victims at a time. In the RS, 70 percent of financing for safe houses came from the RS budget, while 30 percent was covered by the budgets of local communities. In the Federation, 30 percent of the financing came from cantonal budgets, while the Federation covered the remaining 70 percent. The financing of safe houses remained a problem throughout the country, especially in the Federation, where the Federation and the cantons failed to honor their obligations to safe houses.
Although police received specialized training in handling cases of domestic violence, NGOs reported widespread reluctance among officers in both entities to break up families by arresting offenders.
Sexual Harassment: The law prohibits sexual harassment, but it was a serious problem. NGOs reported that those who experienced sexual harassment almost never filed complaints with authorities.
Coercion in Population Control: There were no reports of coerced abortion, involuntary sterilization, or other coercive population control methods. Estimates on maternal mortality and contraceptive prevalence are available at: www.who.int/reproductivehealth/publications/monitoring/maternal-mortality-2015/en/ .
Discrimination: The law provides for the same legal status and rights for women as for men, and authorities generally treated women equally. The law does not explicitly require equal pay for equal work, but it forbids gender discrimination. Women and men generally received equal pay for equal work at government-owned enterprises but not at all private businesses. NGOs reported little real progress in advancing equality between men and women in the labor market, noting instead widespread discrimination against women in the workplace, including the regular unwarranted dismissal of women because they were pregnant or new mothers. There is no official legal mechanism for the protection of women during maternity leave, and social compensation during leave is unequally regulated in different parts of the country. Many job announcements openly advertised discriminatory criteria, such as age and physical appearance, for employment of female applicants. Women remained underrepresented in law enforcement agencies.
Gender-biased Sex Selection: The boy-to-girl birth ratio for the country was 107 boys per 100 girls. There were no reports the government took steps to address the imbalance.
Children
Birth Registration: By law, a child born to at least one citizen parent is a citizen regardless of the child’s place of birth. A child born on the territory of the country to parents who are unknown or stateless is entitled to citizenship. Parents generally registered their children immediately after they were born, but there were exceptions, particularly in the Romani community. The NGO Vasa Prava estimated there were slightly fewer than 49 unregistered children in the country, mainly Roma. UNHCR, with the legal assistance of a domestic NGO, registered the births of children whose parents failed to register them.
Education: Education was free through the secondary level but compulsory only for children of the ages of six through 15.
More than 50 schools across the Federation were segregated by ethnicity and religion. Although a “two schools under one roof” system was instituted following the 1992-95 conflict as a way to bring together returnee communities violently separated by conflict, the system calcified under the divisive and prejudicial administration of leading political parties. These parties controlled school administration through the country’s 13 different ministries of education and often enforced education policies based upon patronage and ethnic exclusion. Where students, parents, and teachers choose to resist segregation, they were met frequently with political indifference and sometimes intimidation.
Returnee students throughout the country continued to face barriers in exercising their language rights. For the fourth year in a row, parents of more than 500 Bosniak children in returnee communities throughout the RS continued to boycott public schools in favor of sending their children to alternative schooling financed and organized by the Federation Ministry of Education, with support from the Sarajevo Canton municipal government and the Islamic community. The boycott was based on the refusal of the RS Ministry of Education to approve a group of national subjects (specific courses to which either Bosniak, Serb, and Croat students are entitled, and taught in their constituent language according to their ethnicity) and its insistence instead on formally calling the language children learn in their respective public schools the “language of Bosniak people” instead of the “Bosnian language,” as described in the country’s constitution. In the Federation, Serb students likewise were denied language rights as provided in the Federation constitution, particularly in Canton 10, where authorities prevented the use of Serbian language and textbooks in the Serbian area were not available. Human rights activists noted that many textbooks reinforced stereotypes of the country’s ethnic groups and others missed opportunities to dispel stereotypes by excluding any mention of some ethnic groups, particularly Jews and Roma. State and entity officials generally did not act to prevent such discrimination.
Human Rights Watch asserted that ethnic quotas used by the Federation and the RS to allocate civil service jobs disproportionately excluded Roma and other minorities. The quotas were based on the 1991 census, which undercounted these minorities.
Child Abuse: Family violence against children was a problem. Police investigated and prosecuted individual cases of child abuse. The country’s Agency for Gender Equality estimated that one in five families experienced domestic violence. Municipal centers for social work are responsible for protecting children’s rights but lacked resources and the ability to provide housing for children who fled abuse or who required removal from abusive homes.
Early and Forced Marriage: The legal minimum age for marriage is 18 but may be as young as 16 with parental consent. In certain Romani communities, girls married between the ages of 12 and 14. Children’s rights and antitrafficking activists noted that prosecutors were reluctant to investigate and prosecute arranged marriages involving Romani minors. The government did not have programs specifically designed to reduce the incidence of child marriage.
Sexual Exploitation of Children: The Federation, the RS, and the Brcko District have laws criminalizing sex trafficking, forced labor, and organized human trafficking. The state-level penalty for sexual exploitation of children is imprisonment for up 20 years under certain aggravating circumstances. At the entity level, penalties range from three to 15 years’ imprisonment. Under entity criminal codes, the abuse of a child or juvenile for pornography is a crime that carries a sentence of one to five years in prison. Authorities generally enforced these laws. The law prohibits sexual acts with a person younger than 18.
Girls were subjected to commercial sexual exploitation, and there were reports that Romani girls as young as 12 endured early and forced marriage and domestic servitude. Children were used in the production of pornography.
International Child Abductions: The country is a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at travel.state.gov/content/childabduction/en/legal/compliance.html.
Anti-Semitism
There were no reports of anti-Semitic violence against members of the Jewish community, which authorities estimated to number fewer than 1,000 persons.
Trafficking in Persons
See the Department of State’s Trafficking in Persons Report at www.state.gov/j/tip/rls/tiprpt/.
Persons with Disabilities
The law in both entities and at the state level prohibits discrimination against persons with physical, sensory, intellectual, and mental disabilities. Discrimination in these areas continued, however. The government lacked a uniform legal definition of disabilities, which complicated access to benefits for those that would readily qualify, and normally prioritized support for war veterans.
The laws of both entities require increased accessibility to buildings for persons with disabilities, but authorities rarely enforced the requirement. Human rights NGOs complained that the construction of public buildings without access for persons with disabilities continued. In July 2016 the Federation government adopted a strategy that established benchmarks for the advancement of the rights of the disabled in areas of health, education, accessibility, professional rehabilitation and employment, social welfare, and culture and sports. The RS had no specific strategy regarding the rights of persons with disabilities.
NGOs complained that the government did not effectively implement laws and programs to help persons with disabilities. A special report by the human rights ombudsman released in December 2016 concluded, however, that significant progress had been made in the previous year towards increased accessibility and integration of the disabled into state-level legislative bodies in the country.
The law enables children with disabilities to attend regular classes when feasible. Due to lack of financial and physical resources, schools often reported that they were unable to accommodate them. Children with disabilities either attended classes using regular curricula in regular schools or attended special schools. Parents of children with significant disabilities reported receiving limited to no financial support from the government, notwithstanding that many of them were unemployed because of the round-the-clock care required for their dependents.
National/Racial/Ethnic Minorities
Members of minorities continued to experience discrimination in employment and education in both the government and private sectors. While the law prohibits discrimination, human rights activists frequently complained that authorities did not adequately enforce the law.
Harassment and discrimination against minorities continued throughout the country, although not as frequently as in previous years. The Interreligious Council of BiH reported, for example, that the number of attacks against religious objects has decreased significantly over the past year.
Violence and acts of intimidation against ethnic minorities at times focused on symbols and buildings of that minority’s predominant religion. For more information, see the Department of State’s International Religious Freedom Report at www.state.gov/religiousfreedomreport/.
Roma experienced discrimination in access to housing, health care, education, and employment opportunities, and almost 99 percent of them remained unemployed. A significant percentage were homeless or without water or electricity in their homes. Many dwellings were overcrowded, and residents lacked proof of property ownership. Approximately three-fourths lived in openly segregated neighborhoods.
Authorities frequently discriminated against Roma, which contributed to their exclusion by society. Many human rights NGOs criticized law enforcement and government authorities for widespread indifference toward Romani victims of domestic violence and human trafficking, even though the majority of registered trafficking victims in recent years were Roma.
The country has an established legal framework for protection of minorities. State and entity-level parliaments had national minority councils that met on a regular basis but generally lacked resources and political influence on decision-making processes.
On July 19, the Council of Ministers adopted a 2017-20 action plan to improve employment, housing, and health care for the Romani population that included approximately 24.2 million marks ($14.8 million) in budgetary allocations.
Acts of Violence, Discrimination, and Other Abuses Based on Sexual Orientation and Gender Identity
While law at the state level prohibits discrimination based on sexual orientation, authorities did not fully enforce it. Both entities and the Brcko District have laws that criminalize any form of hate crime committed on the basis of the gender, sexual orientation, or gender identity of the victim.
LGBTI persons faced frequent harassment and discrimination, including termination of employment. Local advocacy NGOs reported increasing levels of documented domestic and peer violence committed against LGBTI individuals during the year. NGOs also reported that schools have become increasingly hostile environments, where LGBTI persons regularly experienced harassment and violence. In some cases, dismissal letters from work explicitly stated that sexual orientation was the cause of termination, making it extremely difficult for those dismissed to find another job. In the face of such risks, LGBTI persons rarely reported discrimination to police.
The prosecution of assault and other crimes committed against members of the LGBTI community remained delayed and generally inadequate. In the first four months of the year, the Sarajevo Open Center registered five cases of domestic violence perpetrated by immediate family members as well as threats, blackmail, , physical assaults, and forced medical treatment. In March the Sarajevo University Student Senate condemned a homophobic speech delivered by the former president of the Student Parliament in March 2016.
HIV and AIDS Social Stigma
Significant social stigma and employment discrimination against persons with HIV/AIDS remained among members of the public as well as health workers. A Sarajevo-based NGO reported that infected persons experienced the greatest stigma and discrimination when seeking dental treatment.
Other Societal Violence or Discrimination
Societal discrimination and occasional violence against ethnic minorities at times took the form of attacks on places symbolic of those minorities, including religious buildings. According to the Interreligious Council, an NGO that promotes dialogue among the four “traditional” religious communities (Muslim, Serbian Orthodox, Roman Catholic, and Jewish), attacks against religious symbols, clerics, and property significantly decreased in the first eight months of the year, compared with the same period in 2016.
Promotion of Acts of Discrimination
There were widespread instances of media coverage and public discourse designed to portray members of other ethnic groups in negative terms, usually in connection with the 1992-95 conflict. During the year the RS president and senior officials in his political party as well as other officials and leaders in the RS repeatedly denied that Serb forces committed genocide at Srebrenica in 1995, despite the opposite findings of multiple local and international courts.