This page provides information on the national frameworks to address hate crime in Bosnia and Herzegovina. The information provided here should be viewed alongside data presented on Bosnia and Herzegovina's hate crime report page.

Hate crime recording and data collection

There are several agencies responsible for criminal data collection in Bosnia and Herzegovina, including the State Investigation and Protection Agency (SIPA), two Ministries of Interior, ten Cantonal Ministries of Interior, and the Brčko District Police.

The different entities collect data on all crimes based on the legal qualification of an offence provided in the respective criminal codes. There are no mechanisms in place to record hate crimes as such.   
  
The Police Administration of the Ministry of Internal Affairs (MIA) of Sarajevo Canton records hate crimes as criminal offences based on the Criminal Code of the Federation of Bosnia and Herzegovina. Article 2, paragraph (11) of the Criminal Code of Sarajevo Canton defines hate crime as "any criminal offence committed for reasons of race, colour, religious belief, national or ethnic origin, language, disability, sex, sexual orientation or gender."

The MIA of Sarajevo Canton Department for Analytics, Planning and Records within the Sector for Legal, Personnel Affairs and Analytics of the Police Administration is responsible for maintaining records of hate crimes. 

The MIA of Central Bosnia Canton has developed a specific recording form for criminal offences, misdemeanours or incidents committed out of hatred. Police officers pay special attention to the following indicators when recording these acts:
a)    Whether the suspect made comments, written statements or gestures related to the community to which the victim belongs;
b)    Whether drawings, markings, symbols or graffiti were found at the scene of the incident;
c)    Whether the suspect and the victim differ in racial, religious or national affiliation or sexual orientation;
d)    Whether the act was committed on a date of special significance (such as a religious or national holiday);
e)    Whether the act was committed in a place or in the vicinity of a place of special significance (for example, a memorial, community centre, mosque, church or other religious facility), as well as other similar indicators.

The MIA of Republika Srpska records hate crimes separately, whereby members of the public, victims, and witnesses can report hate crimes through an official online application or by telephone.

The Police of Brčko District of BiH keeps records of criminal offences committed out of hatred via an electronic database of reported criminal offences.

Hate crime victim support

There are no specialized services for victims of hate crime in Bosnia and Herzegovina.

Hate crime victims can use the support of psychologists and social workers employed by the state, as can victims of other crimes. However, these professionals are not trained on hate crimes. Together with government institutions, civil society networks have introduced standard operating procedures for working with different types of victims (for example, victims of war crimes, sexual and domestic violence, gender-based violence and violent extremism), but there are no policies dedicated specifically to victims of hate crimes.

There is no standardized procedure for conducting an individual needs assessment for hate crime victims. The need for and type of support and protective measures are decided by prosecutors or judges.

The Criminal Procedure Code of Brčko District of BiH does not explicitly define the concept of a hate crime victim. Instead, the law defines an "injured party" as a person whose personal or property rights have been violated or endangered by a criminal offence. According to the 2013 Protocol on Witness Support signed between the Prosecutor's Office and Police of Brčko District of Bosnia and Herzegovina, psychological and psychosocial support is available during the investigation to all adult persons injured by a criminal offence. After an indictment is filed, the same type of support is provided in the trial phase by a psychologist from the Basic Court of Brčko District. Brčko District of Bosnia and Herzegovina takes a multi-sectoral approach to supporting victims of criminal offences, involving co-operation across all relevant institutions in the Brčko District. This collaborative framework is formalized in the 'Protocol - Institutional Network for Providing Support to Victims-Witnesses in the Brčko District', which also includes the participation of civil society organizations.

To improve the position and protection of crime victims, the Prosecutor's Office of Bosnia and Herzegovina has established an effective mechanism through its Department for Investigations and Witness Support. This department facilitates victim participation in investigations and criminal proceedings, while also providing psychological and social support to victims and witnesses. This established mechanism applies to all victims, including potential victims of hate crimes, based on the assessment of the prosecutor or the direct address of the victim or witness. Based on prosecutor assessments or direct victim/witness requests, the Prosecutor's Office and Court can also utilize relevant laws to support victims, including the Law on Protection of Endangered Witnesses and Witnesses under Threat, and the Law on the Witness Protection Program in Bosnia and Herzegovina. 

According to the Criminal Procedure Code of Bosnia and Herzegovina, victims of hate crimes have the right as injured parties and witnesses to access the criminal case file. Additionally, prosecutors must inform hate crime victims and complainants within three days about the reasons for not conducting an investigation based on Article 216, paragraph (4) of the Criminal Procedure Code of Bosnia and Herzegovina. Hate crime victims also have the right to file a complaint with the Chief Prosecutor within eight days if they disagree with the prosecutor's decision. This ensures that victims are informed about determinations that a crime was committed out of hatred, and have the ability to challenge such decisions. Regarding the non-material damages suffered by hate crime victims, there are avenues to initiate property claims through both criminal and civil proceedings. Certain restorative justice solutions, such as plea bargains, are available to both victims and perpetrators of hate crimes. However, further efforts are needed to provide hate crime victims greater access to restorative justice options, which will likely require amendments to existing legal frameworks. 

Hate crime capacity building

In 2023, police officers in the Sarajevo Canton participated in an internal programme of professional development that covered bias-motivated offences, domestic violence and gender-based violence, as well as the subject of gender equality, prejudices and stereotypes in policing.      
    
Prosecutors and other professional staff are trained in programmes organized by the High Judicial and Prosecutorial Council of Bosnia and Herzegovina in co-operation with training centres for judges and prosecutors of the Federation of Bosnia and Herzegovina and Republika Srpska, as well as in co-operation with various international organizations. 
    
The Police Education Administration of the Ministry of Internal Affairs (MIA) of Republika Srpska implements police training for cadets on content related to hate crimes, as well as specialized training for police officers on hate crimes. During the training, cadets are trained on incidents involving indicators of prejudice or hatred as a motive, and on the specifics of the police response. The training also includes content on gender-based violence, police treatment of migrants, and the LGBTQ community.
    
Specialized training is also carried out by the Police Education Administration of the MIA of Republika Srpska, including on bias-motivated crimes. The goal of the seminar is to train police officers to their understanding of and responses to hate crimes, including recognizing hate crime indicators, supporting victims and witnesses, and applying appropriate protective measures.