The Human Rights Ombudsman of Bosnia and Herzegovina

Skopje, October 3-4, 2012

Almedina Karić, Communication and International Relations Adviser

History

Basis for work and functioning of BiH Ombudsmen are enshrined by Annexes IV and VI of the General Framework Agreement on Peace for Bosnia and Herzegovina concluded on 14 December 1995

Ombudsmen BiH has started to function in 1996

History

BiH Ombudsman and Human Rights Chamber constituted BiH Human Rights Commission

By 2004 Ombudsmen was international institution, and Ombudsmen a foreign citizen

2004-three Ombudsmen BaH citizens 2008-2014 - current Ombudsmen

Mandate /Article 1

The Human Rights Ombudsman of Bosnia and Herzegovina is an independent institution set up in order to promote good governance and the rule of law and to protect the rights and liberties of natural and legal persons, as enshrined in particular in the Constitution of Bosnia and Herzegovina and the international treaties appended thereto, monitoring to this end the activity of the institutions of Bosnia and Herzegovina, its entities, and the District of Brčko, in accordance with the provisions of the present Law.

Mandate/Article 2

• The Institution shall consider cases involving the poor functioning of, or violations of human rights and liberties committed by, any government body.

• The Institution shall act either on receipt of a complaint or ex officio.

• The Institution may undertake general investigations.• The Institution may recommend appropriate individual

and/or general measures.• The Institution shall not consider cases concerning

decisions, facts or events prior to 15 December 1995.

Comparison

Staff B&H: 26 staff members from which 8 was on

temporarily base, FB&H: 32 staff members RS: 27 staff members

Financial menagement accountant and financial operational system was

not existing OI had had a negative opinion of the Audit Office

and for many years was among worse B&H institutions regarding financial discipline

Budget of OI had been reducing, because of the lack of budgetary effecting

Location of OI Headquarters and field presences had not been

established in according of the LawTechnical equipment of the Institution

OI was fully technical underequipped Legislation

OI was functioning without internal legal actsCases

handover 1103 cases (period 2003-2008)Satus OI

ICC Re-accreditation was postponed based on request of Ombudsmen

Staff B&H: 56 staff members

Financial menagement accountant and financial operational system

established OI got a positive opinion of the Audit Office for

2009/2010/2011 - financial discipline is fully established

Budget of OI has increased, Budget 2.7Location of OI

Headquarters and field presences are established and moved to new offices. Mostar and Livno established, Tuzla/ open days system established

Technical equipment of the Institution OI is fully technical equipped – IPA Fond 2007 Established data base and digital case management

system – OSCE systemLegislation

All internal legal acts are adoptedCases

Increasing number of casesStatus OI

Past ICC re-accreditation 2009 and 2010 and finally OI got status A

OI member of all international networks regional cooperation

SCA ICC Recommendation / 2009

Civil society and other groups are not involved in the appointment process. The SCA refers to General Observation 2.2 "Selection and appointment of governing body“

The importance of financial autonomy, both in terms of budget submissions and financial controls. The SCA refers to general Observation 2.6 "Adequate funding".

SCA ICC Recommendation / 2009

The Law on Salaries in Bosnia & Herzegovina has repealed the provision in the Law of the Human Rights Ombudsman that entitled members to a salary equal to that of the Constitutional Court Judge. This abrogation may impact the Ombudsmen's independence.

It commends the IHROBH on its concrete efforts to implement a regular consultation

SCA ICC Recommendation / 2009

mechanism with civil society organizations. However, this cooperation should be formalized. The SCA also emphasizes that engagement with civil society must be broader based, to ensures pluralistic representation of social forces as required by Paris Principles.

It reiterates the need for the IHROBH to interact effectively and independently with the International Human Rights System.

SCA ICC Recommendation / 2009

It recommends that the mandate of the IHROBH be strengthened to include human rights promotion and refers to General Observation 1.2 "Human rights mandate“

In the absence of an Annual Report for 2008-2009, the SCA is not able to assess the activities implemented over the past year, and encourages the IHROBH to submit this in any future applications for the accreditation. The SCA refers to General Observation 6.7 on "NHRI Annual report“

SCA ICC Recommendation / 2010

Challenges

do the State truly want independent NHRI do Institution have capacities to function fully in

accordance with Paris principals obligations of interaction with UN bodies and

Committees how much really Institution can be financial

independent model of cooperation with NGO sector

If you decide...

have a team working on it ask for peer to peer support ask for support inside of European Group of NHRI provide as much as possible evidence explain and use all mechanisms in process

Thank you for your attention!akaric@ombudsmen.gov.bawww.ombudsmen.gov.ba