Bosnia and Herzegovina
Bosnia and Herzegovina has reported hate crime data to ODIHR. The Federation of Bosnia and Herzegovina's criminal code includes penalty enhancements for specific offences. The criminal code of the Brcko District of Bosnia and Herzegovina includes a general penalty-enhancement provision. Republika Srpska's criminal code contains a statutory definition of a hate crime and general and specific penalty enhancements. Hate crime data are collected by the Ministry of Interior, the police, the Prosecutor's Office, High Judicial and Prosecutorial Council and the State Investigation and Protection Agency. Victimization surveys are conducted which include questions about hate crimes.
Republika Srpska adopted a new criminal code, which included amended hate crime provisions. As a result, all the criminal codes currently in application across Bosnia and Herzegovina have very similar hate crime provisions.
The OSCE Mission to Bosnia and Herzegovina delivered trainings and other hate crime capacity building activities to 110 police officers, 17 judges and prosecutors, 47 law enforcement and justice managers. The Mission also trained or raised awareness of civil society, local and entity assemblies’ members and other stakeholders including 70 university students. The results of the Mission’s hate crime monitoring were presented to around 50 staff of the Institution of Human Rights Ombudsmen.
In its "Concluding observations on the combined twelfth and thirteenth periodic reports of Bosnia and Herzegovina", the United Nations Committee on the Elimination of Racial Discrimination (CERD) recommended that the authorities effectively apply existing legislation by registering, investigating, and bringing to justice cases of hate speech and hate crime, and by sanctioning those responsible with the appropriate penalties.
ODIHR observes that Bosnia and Herzegovina has not reported reliable statistics on hate crimes to ODIHR.