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's 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 Bosnia and Herzegovina 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 access the support of state-employed psychologists and social workers, as can victims of other crimes. However, these professionals do not receive specialized hate crime training. 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 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 by the Prosecutor's Office and Police of Brčko District, 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 during the trial phase by a psychologist from the Basic Court of Brčko District. The Brčko District 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 request 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 Programme in Bosnia and Herzegovina. 
According to the Criminal Procedure Code of Bosnia and Herzegovina, victims of hate crimes, as injured parties and witnesses, have the right 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. Victims can seek compensation for non-material damages 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, more efforts are needed to provide hate crime victims greater access to restorative justice options, which may require amending existing legal frameworks.

Hate crime capacity building

Prosecutors and other professional staff receive training through programmes organized by the High Judicial and Prosecutorial Council of Bosnia and Herzegovina. This is done 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 Directorate of the Ministry of the Interior of the Republika Srpska provides hate crime training for police cadets, as well as professional and specialist hate crime training for serving police officers. It is also responsible for the education of students at the Secondary School of Internal Affairs enrolled in the Police Officer – Police Technician programme, which includes instruction on hate crimes.

The Police Academy cadet training curriculum incorporates modules aimed at sensitizing police officers to respond appropriately to security incidents where there are indications that prejudice or bias may have motivated the incident. The curriculum also addresses the specific requirements of police response, including the initial operational response measures in such cases. In addition, police cadets receive training on the principles of victim-sensitive policing applicable to all victims, with particular emphasis on the respectful and tailored treatment of victims belonging to vulnerable and marginalized groups, including victims of hate incidents and hate crimes. The seminar component of the curriculum includes the following topics:
•    Gender-based violence and the Action Plan for the Implementation of United Nations Security Council Resolution 1325; 
•    Specific aspects of police work with migrants; 
•    Relations between the police and the LGBT community.

The professional and specialist training provided by the Police Education Directorate includes a seminar on hate crimes. The objective of the seminar is to strengthen the capacity of police officers to prevent, investigate and combat hate crimes and other bias-motivated incidents. The target group consists of police officers assigned to police stations and police administrations within the Ministry. The seminar is designed as an 18-hour training programme delivered over three working days

The Secondary School of Internal Affairs of Republika Sprska's Ministry of Interior incorporates hate crime-related topics into the curriculum of a course on police integrity. Students receive instruction on human rights and fundamental freedoms, including cases and examples of violations of these rights and freedoms, with hate crimes presented as one such example.

The training section of the Police Administration of the Ministry of Interior of Tuzla Canton has developed an Annual Professional Training Programme for Police Officers, which includes a training on addressing hate crimes. The training covers the definition and characteristics of hate crimes; the concept of criminal offences motivated by bias; the criminal law framework in Bosnia and Herzegovina; the detection, investigation and prosecution of hate crimes; hate speech, including the legal framework and police response; and hate crimes and hate speech in the context of radicalization and violent extremism.