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.
In its third report on Bosnia and Herzegovina, the European Commission against Racism and Intolerance (ECRI) recommended that bias motivation be made an aggravating circumstance at the state and entity levels where this is not yet the case. ECRI also recommended that the authorities expand training on hate crimes that would include violence against returnees, religious communities and LGBT people; and that the police duly investigate homophobic and transphobic incidents, while taking motivations into account.
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 local authorities ensure the appropriate implementation of existing hate crime provisions.
ODIHR observes that Bosnia and Herzegovina has not reported hate crime data disaggregated by bias motivation to ODIHR.