Statement 87 - Australian Permanent Mission and Consulate-General

Australian Permanent Mission and Consulate-General

Geneva, Switzerland

Address: Chemin des Fins 2, Case Postale 102, 1211 Geneva 19 - Telephone: 022 799 9100 - Fax: 022 799 9178

Human Rights Council Universal Periodic Review Working Group

Statement on Bosnia and Herzegovina

by Ms Robyn Hodgkin

17 February 2010

Australia welcomes the delegation of Bosnia and Herzegovina and appreciates its engagement in the Universal Periodic Review Process.

We welcome the adoption last year by Bosnia and Herzegovina of a comprehensive state law on the prohibition of discrimination, which has been a crucial step forward in putting in place measures to effectively combat discrimination.

We also welcome progress towards implementation of Bosnia and Herzegovina Gender Action Plan and Strategy for Prevention and Fight Against Domestic Violence.

Despite these advances, some difficult issues remain.

We note with concern reports of political pressure on, and criticism of, the work of judges and prosecutors, particularly those in the Court of Bosnia and Herzegovina and the Prosecutor’s Office, which deal with the most sensitive cases.

We also note with concern the failure of authorities to provide adequate institutional support services for witnesses and victims of war crimes cases in courts. While we are pleased that the State Investigation and Protection Agency (SIPA) is able to provide some level of services and protection to witnesses, we note that no such services are provided at the entity level courts.

Australia recommends Bosnia and Herzegovina:

1. Ensure the relationship between the executive and the judiciary is based on mutual trust and respect for the non-interference in their respective prerogatives and functions;

2. Allocate the necessary resources to develop programs for an effective witness support network; and

3. Fully implement the Gender Action Plan, to develop a more coordinated response to authorities, protect victims of domestic violence and provide them with adequate care.