E/C.12/BIH/CO/2
5.
The Committee further welcomes the State party’s cooperation with the Special
Rapporteur in the field of cultural rights during her visit to the State party in May 2013.
6.
The Committee takes note with appreciation of the State party’s efforts to promote
economic, social and cultural rights, which included:
(a) The
Discrimination;
adoption, in 2009,
of the
Law on
the
Prohibition of
(b) Amendments, in 2009, to the Law on Gender Equality (2003), which
provides protection against gender-based discrimination by according the
possibility of recourse to legal mechanisms;
(c) Amendments, in 2010, to the Criminal Code of Bosnia and
Herzegovina, which include a definition of trafficking in line with international
standards (art. 186);
(d) The adoption, in 2010, of the Revised Strategy for the Implementation
of Annex VII of the Dayton Peace Agreement;
(e)
The accession to the Decade of Roma Inclusion 2005-2015;
(f)
The continuous implementation of the Bosnia and Herzegovina Mine
Action Strategy (2009-2019) to clear mines.
C.
Principal subjects of concern and recommendations
7.
The Committee regrets that the State party was not able to provide information about
the cases of direct applicability of the Covenant before the courts in the State party.
The Committee requests that the State party include in its next periodic report
specific information on the justiciability of the rights enshrined in the Covenant,
including the cases of direct application of the Covenant before domestic courts as
well as information on the available remedies for individuals claiming a violation of
their economic, social and cultural rights, as contained in the Covenant. In this
respect, the Committee draws attention to its general comment No. 9 (1998) on the
domestic application of the Covenant. The Committee recommends that the State
party improve its human rights training programmes so as to promote better
knowledge, awareness and application of the Covenant, in particular among the
judiciary, law enforcement officials and other actors responsible for the
implementation of the Covenant, as well as among the rights holders.
8.
The Committee is concerned about the lack of a common human rights approach by
the different levels of administration in the State party.
The Committee recommends that the State party adopt a national comprehensive
action plan on human rights with time-bound measures as an instrument to foster a
common human rights approach by the different levels of administration.
9.
The Committee is concerned about the lack of independence and inadequate
financial and human resources allocated to the Ombudsman’s institution.
The Committee recommends that the State party ensure the independence and
impartiality of the Ombudsman’s institution in compliance with the principles
relating to the status of national institutions (Paris Principles) and provide it with
sufficient financial and human resources for the effective implementation of its
mandate.
2