The Helsinki Committee for Human Rights in Bosnia and Herzegovina presented today the Draft Law against Discrimination, which was officially submitted yesterday to the BiH Minister for Human Rights and Refugees, Safet Halilovic, with a proposal for the Ministry to launch the initiative for adoption of the draft law in the parliament. (06-SEP-07)
Written by HRH / Mirsad Pandzic
“This year, which was proclaimed the year of equal opportunities, the Helsinki Committee is offering to the local public and political structures a document providing legislative provisions that are adding new mechanisms and tools for prevention of discrimination in this country“, the President of the Helsinki Committee for Human Rights, Srdjan Dizdarevic (right), said at the press conference in Sarajevo today.
A big problem in the Bosnian society
He stressed that „even members of constitutional peoples suffer discrimination in this country, if they are residing on the territory where their people do not form a majority“. He said that national minorities, women, persons with disabilities and third-age persons, families of missing persons, victims of war and many others suffer discrimination. He added that discrimination is one of those cases that are most frequently related to violations of human rights, and recognized it as a big problem in the Bosnian society.
Necessity of protection of citizens
The Committee considered the main reason for drafting of this document to be the necessity of protection of citizens of Bosnia and Herzegovina, those who are endangered and whose rights have been violated, as well as the need for another law, on top of the existing legislation, in order to define, recognize and diagnose discrimination and to prevent it by means of additional mechanisms. The document was also drafted with a view of joining efforts of Bosnia and Herzegovina to become closer to the European Union.
“It seems to us that it would be good if Bosnia and Herzegovina approached adoption of this law upon its own initiative, as well as harmonization of other laws, as a demonstration of our readiness to invest additional efforts and make further steps in the field of human rights“, Dizdarevic said.
Five public hearings
The Helsinki Committee has so far conducted five public hearings about this law. The Committee mostly discussed the law with representatives of non-governmental organizations and representatives of „vulnerable groups“, who are the most frequent victims of discrimination. Their remarks and suggestions have been inserted in the final text. The Committee is planning to continue to lobby representatives of the executive and legislative authorities and organize several TV debates in order to mobilize the public opinion and develop positions with regard to this phenomenon and this law in the Bosnian society.
The law offered certain innovation
The head of the drafting group, Nada Ler Sofranic (right), said that the law offered certain innovation. It primarily identifies all vulnerable groups exposed to discrimination, generally and under specific Bosnian conditions, and it defines direct and indirect discrimination. The law particularly stresses the need for formation of a specialized independent body for protection from discrimination and safeguards for equal opportunities. In this context, the law foresees establishment of „a centre for equal opportunities“.
Ler Sofranic stressed that the biggest problem of discriminated persons is proving the discrimination, „as people often experience multiple stressful situations in order to prove discrimination, which frequently force people to give up due to pressures of institutions, etc“. For this reason, the document proposes burden of proof lying with the entity accused of discrimination, if discrimination is considered probable.
The Draft Law against Discrimination was supported by over one hundred non-governmental organizations.
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