Publications

In 2017, the OSCE Mission to Bosnia and Herzegovina began systematically monitoring and assessing the prosecution and adjudication of corruption and organized crime in Bosnia and Herzegovina. Based on this monitoring, the Mission determined that the failure by judicial institutions to repress corruption and organized crime effectively has led to a state of de facto impunity. This remains one of the most salient and pressing issues affecting BiH, as corruption and organized crime threaten long-term stability and prosperity in BiH and the broader region.

The OSCE Mission to Bosnia and Herzegovina (Mission) monitors and reports on domestic war crimes proceedings to provide an objective and accurate assessment of the capacity and willingness of the judicial system to investigate, prosecute and adjudicate war crimes in an effective, human rights compliant and expedient manner. In addition, the Mission has begun increasing its focus on transitional justice as an essential complement to judicial proceedings. Related Mission programming includes capacity-building, promoting transparency, targeted advocacy and technical support.

As a core element of its rule of law programming, the OSCE Mission to Bosnia and Herzegovina is committed to strengthening the overall justice sector in Bosnia and Herzegovina. In encouraging the effective implementation of relevant criminal justice reforms, the Mission aims to promote judicial independence and equality before the law while enhancing public confidence in the judiciary.

To ensure the equality of everyone before the law, protect fair trial rights, and secure justice for victims, the judicial system in Bosnia and Herzegovina (BiH) must demonstrate both the political will and the capacity to investigate, prosecute and adjudicate complex and serious crimes efficiently and effectively. In light of this, the OSCE Mission to Bosnia and Herzegovina (Mission), per its mandate under the General Framework Agreement for Peace in Bosnia and Herzegovina, also known as the Dayton Agreement, implements its extensive rule of law programming to safeguard the strength, impartiality, and independence of the judiciary in BiH.

The OSCE Mission to Bosnia and Herzegovina monitors and reports on hate crimes and bias-motivated incidents, advocates for the effective application of legal provisions on hate crimes, raises awareness amongst institutions and the public and builds the capacity of domestic institutions to prevent and process such cases.

The OSCE Mission to Bosnia and Herzegovina demonstrates its clear commitment to combating trafficking in human beings (CTHB) by strengthening domestic authorities’ capacity to counter this heinous practice. The Mission’s CTHB efforts draw on its comprehensive trial monitoring programme, which covers all criminal cases related to human trafficking adjudicated by the judiciary across Bosnia and Herzegovina (BiH). The data gathered through this monitoring, combined with long-standing relationships with key counterparts, informs the Mission’s work to enhance the applicable legislative and policy frameworks as well as the capacity of judicial officials, and judicial and other relevant stakeholders.

In line with its mandate and relevant OSCE commitments, the OSCE Mission to Bosnia and Herzegovina contributes to the fight against corruption by supporting the development, adoption, and promotion of anti-corruption regulations at all authority levels as well as their implementation by relevant governmental bodies. Corruption is costly: politically, in terms of eroding democracy and the rule of law; economically, by wasting public resources and deterring investment; and socially, by diminishing citizens’ trust in the political system and its leadership.

This fact-sheet summarizes the key findings of the analysis of the OSCE Mission to Bosnia and Herzegovina (Mission) of 433 domestic court decisions rendered in anti-discrimination cases from mid-2018 to mid-2021.

This is the second public report by the OSCE Mission to Bosnia and Herzegovina based on the monitoring of human trafficking and related cases completed before courts in Bosnia and Herzegovina. After a review of relevant international standards and the national anti-trafficking legal framework, it examines abilities of the national criminal justice system to: effectively prosecute human trafficking and adequately punish those responsible for it; treat victims with dignity while protecting them from harmful consequences of their involvement in criminal proceedings; and facilitate victims’ right to seek compensation from offenders. The report closes with specific recommendations targeted at several key actors. These aim to improve the criminal justice response to human trafficking in Bosnia and Herzegovina.

PREPARING A WORKSHOP FOR LAW STUDENTS: A brief guidebook with case studies for practical exercises in Hate Crimes, War Crimes and Crimes of Trafficking in Human Beings