Bosnia and Herzegovina
Bosnia and Herzegovina has reported hate crime data to ODIHR. The three criminal codes applicable in the Federation of Bosnia and Herzegovina, Republika Srpska, and in Brčko District BiH contain identical or very similar hate crime provisions. These provisions include a definition of a hate crime, penalty enhancements for specific offences and a mandatory general penalty enhancement for offences committed out of hatred. Hate crime data are provided by the Ministry of Interior but an institutional system for recording and data collection has not been established. Victimization surveys have not been conducted.
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 hate crime data disaggregated by bias motivation to ODIHR.