Contributed by: Duska Andric-Ruzicic, Bosnia and Herzegovina National VAW Monitor

Gender Equality

The Gender equality law in Bosnia and Herzegovina (Official Gazette of BH, No.16/03) was adopted in 2003 after years of policy advocacy by women’s NGOs. The Law established the Agency for Gender Equality as the state gender equality mechanism. On the entity level, there are the Gender center of the Federation of Bosnia and Herzegovina and the Gender Center of the Republic of Srpska Government. One of their main roles is the implementation of Gender Equality Law and tasks relating to State obligations under CEDAW.

Article 4 of the Gender Equality Law defines the legal meaning of terms: gender, gender-based violence, harassment and sexual harassment. In article 17, the Law forbids “all forms of gender-based violence in all its forms, in the private and public spheres.” Article 27 states, “Whoever performs an act of gender-based violence, harassment and sexual harassment, as described in article 4 of this law, will be punished for the criminal act with imprisonment of a duration of 6 months to 5 years.”

Sexual Assault

The Criminal Code of the Federation of Bosnia and Herzegovina allows for the prosecution of marital rape. A former provision, prior to legal reforms in 1998, defined rape as an act against a woman to whom the perpetrator was not married. Because the act is expressed from the perpetrator's perspective of force, rather than consent, it may be more difficult to show that sexual assault has occurred when prosecuting marital rape. The 2000 Criminal Code of the Republic of Srpska contains similar provisions on sexual assault. The use of force or threat of force to compel another person to engage in a sexual act is punishable by one to ten years' imprisonment. The Code also criminalizes sexual intercourse with a helpless person, sexual intercourse with a juvenile and sexual intercourse by abuse of position. The Brcko District Criminal Code contains similar provisions.

Trafficking in Persons

The 2003 Criminal Code of BH explicitly criminalizes trafficking in persons. Article 186 states that, "Whoever takes part in the recruitment, transfer, harboring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to obtain the consent of a person having control over another person, for the purpose of exploitation" shall be punished by one to ten years' imprisonment. In addition, abduction (Article 184), slavery and transport (Article 185), international procurement for prostitution (Article 187), unlawful withholding of papers (Article 188) and smuggling of persons (Article 189) are also criminalized. The 2000 Criminal Code of Republic of Srpska punishes trade in human beings under Article 188, which states, " Whoever for profit, induces, incites or lures other persons into offering sexual services, or in some other way enables a person's transfer to another for the purpose of offering sexual services, or whoever takes part in any way in organizing or maintaining offering sexual services, shall be punished by imprisonment term ranging between six months and five years." The Criminal Code of the Federation of BH does not explicitly criminalize trafficking in persons, but punishes certain elements, including enslavement, abduction, duress and unlawful deprivation of freedom. Finally, the Criminal Codes of the Federation of Bosnia and Herzegovina, Republic of Srpska and Brcko District address victim compensation. A victim may demand compensation from confiscated criminal proceeds. There are several procedural requirements outlined by each Code that must be met.

Domestic Violence

On 29 March 2005, Federation Bosnia and Herzegovina President Niko Lozancic signed Decree No. 01-109/05 proclaiming the Law on Protection from Domestic Violence (translated by the Center for Research, Policy and Advocacy for STOPVAW). The law defines domestic violence as "any act inflicting physical, psychological, sexual or economic harm or suffering, as well as threats regard to the aforementioned, and a lack of due care and attention which may seriously impede family members from enjoying their rights and freedoms in all areas of public and private life which are based on equality" (Art. 6). Article 6 also lists several acts that constitute domestic violence, such as the use of physical force or psychological coercion; acts that result in physical, psychological or monetary damage; certain forms of intimidation; verbal attacks; stalking; sexual harassment (as defined in the Gender Equality Act of Bosnia and Herzegovina); the destruction of joint property, and; a failure by other family members to protect the victim under specified circumstances. Part IV provides for several protective measures, including removal from and a prohibition against return to the dwelling; a restraining order; protection of the victim of domestic violence; a prohibition against harassment and stalking, and; psycho-social treatment and rehabilitation for the offender. Violation of this law is considered a misdemeanor, and anyone who violates a prescribed protective measure may be fined KM 2,000 to 10,000 (Art. 21). The law is to enter into force upon publication in the Official Gazette of the Federation of Bosnia and Herzegovina and will be enforced six months after such entry into force (Art. 22).

Pursuant to Articles 11, 12 and 14 of the Law on Protection from Domestic Violence, the Federal Minister of the Interior of Bosnia and Herzegovina has promulgated a Book of Rules on the Manner of Implementation of the Protection Measures Within the Police Authority. Pursuant to Article 15 of the Law on Protection from Domestic Violence, the Federal Minister of Labour and Social Welfare Policy of Bosnia and Herzegovina, with the agreement of the Federal Minister of Health of Bosnia and Herzegovina, has issued a Book of Rules on the Institutions Responsible for Implementing and the Manner By Which Named Institutions Shall Implement, the Protection Measure of Mandatory Psychosocial Treatment for the Perpetrators of Domestic Violence. For the texts of these Books of Rules, provided to The Avocates by the BiH delegation to the Regional Conference on Domestic Violence Legal Reform, held in Sofia, Bulgaria, on February 12-14, 2008, see below.

The Advocates for Human Rights and the Human Rights Department of the OSCE Mission to FBiH did joint comments on proposed amendments to the Law on Protection from Domestic Violence in March, 2008.

The Criminal Code of the Federation of Bosnia and Herzegovina prohibits domestic violence in Articles 172, 173 and 222.  For the text of these articles, provided to The Advocates by the BiH delegation to the Regional Conference on Domestic Violence Legal Reform, held in Sofia, Bulgaria, on February 12-14, 2008, see below. 

The 2000 Criminal Code of the Republic of Srpska (Article 208) also prohibits domestic violence. For the text of this article, provided to The Advocates by the BiH delegation to the Regional Conference on Domestic Violence Legal Reform, held in Sofia, Bulgaria, on February 12-14, 2008, see below.

The Law on Protection of Victims of Family Violence in Republic of Srpska was adopted in December 2005 (RS Official Gazette 118/ 05 - 21 December 2005). Adoption of this law by the National Assembly represents significant progress in the systematic solution and prevention of domestic violence in RS. In its larger part, the Law is similar to the previously adopted Law in FBiH. For an English translation of this law, provided to The Advocates by the BiH delegation to the Regional Conference on Domestic Violence Legal Reform, held in Sofia, Bulgaria, on February 12-14, 2008, see below.

The Minister of Health and Social Welfare Protection of the Republic of Srpska has promulgated a Book of Rules on the Institutions Responsible for Implementing, and the Manner By Which Named Institutions Shall Implement, the Protection Measure of Mandatory Psychosocial Treatment and a Book of Rules on the Institutions Responsible for Implementing, and the Manner By Which Named Institutions Shall Implement, the Protection Measure of Mandatory Treatment of Alcohol and Substances Abuse, for the purpose of implementing its Law on Protection from Domestic Violence. The Minister of the Interior of the Republic of Srpska has promulgated a Book of Rules on the Manner of Implementation of the Protection Measures Within the Ministry of the Interior Authority and a Book of Rules on the Institutions Responsible for Implementing and the Manner By Which Named Institutions Shall Implement the Protection Measures for Sheltering the Victim of Domestic Abuse. For the text of all of these Rules, provided to The Advocates by the BiH delegation to the Regional Conference on Domestic Violence Legal Reform, held in Sofia, Bulgaria, on February 12-14, 2008, see below.

Rights of War Rape Survivors

In July 2006, the Federation Bosnia and Hercegovina Assembly adopted a law on modifications and amendments to the “Law on Basics of Social Welfare, Welfare of Civilian Victims of War and Welfare of the Families with Children“ and included women survivors of war rape as a category that can claim specific social and other rights. (Official Gazette of FBH no. 39/06 – 27 July 2006)

According to Article 6 of the law on modifications and amendments, in the changed Article 54 of the Law, it is stated that: “Particular categories of the civil war victims are persons that survived sexual mistreatment and rape.”To read the Law in local languages, please see the official FBH Government page under ZAKONI.