The Ministry of Security established a working group, consisting of judges at the state and entity levels, with the aim of amending the Criminal Code. The proposed amendments begin with a substantive definition of a hate crime in the Code that includes the protected characteristics of religion, sexual orientation, nationality or language. Based on that definition, bias-motivation could be considered as an aggravating circumstance during sentencing for any criminal offense. Additionally, the amendments would also include specific penalty enhancements based on bias motivation for specific offenses, including murder, physical assault and rape. ODIHR, in co-operation with the OSCE Mission to Bosnia and Herzegovina, provided a commentary on the draft legislation to ensure that it is in compliance with OSCE commitments and international standards. The adoption of these amendments will be considered by the Parliament in 2010.
Official figures record 15 hate crimes motivated by racism and xenophobia.
The OSCE Mission to Bosnia and Herzegovina reported 151 bias motivated incidents, including attacks targeting cemeteries and religious symbols. The Mission noted that incidents based on ethnic affiliation are recorded in almost all regions of the country, most frequently in areas where there are a large number of returnees. These incidents should be viewed in the wider context of inter-ethnic tensions in this part of the OSCE region. Among the incidents mentioned by the OSCE Mission was a dispute before a football match in Široki Brijeg that escalated into a mass brawl resulting in the death of one person. The conflict further spread to the centre of town, where windows of houses were smashed and several police cars were vandalized. Seven persons were arrested and charged with offences against the public safety of persons and property.
The OSCE Mission to Bosnia and Herzegovina reported three instances of anti-Semitic graffiti.
The UN Human Rights Council, in its Universal Periodic Review, made a number of recommendations related to addressing racism and xenophobia, and specifically encouraged Bosnia and Herzegovina to improve legislation to combat racist crimes.
The OSCE Mission to Bosnia and Herzegovina reported 14 incidents. These included one incident resulting in death, three in which persons were seriously injured, assaults on minors, four instances of graffiti, two cases in which mosques were vandalized, the desecration of a cemetery and three cases involving verbal threats. Each of the cases was investigated by the police. Two cases were closed due to lack of evidence, while the others were either still under investigation or awaiting trial when this report was prepared.
The OSCE Mission to Bosnia and Herzegovina reported incidents targeting five churches (two Catholic, two Orthodox and one Adventist), including stone-throwing, vandalism and the theft of church objects. Some churches were targeted multiple times. In four cases, the perpetrators were identified and prosecuted. In two cases the Islamic community condemned the incidents, and in three cases these crimes were denounced by the public authorities.
ODIHR's police training programme on hate crime was implemented in 2009 in Bosnia and Herzegovina.
The Holy See reported an assault on Catholics, ten acts of the vandalization of churches, two cases where cemeteries were desecrated, and two cases of threats being made against nuns.