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The Uncertain Future: Centers for Investigative Journalism in Bosnia and Herzegovina and Serbia
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The Uncertain Future: Centers for Investigative Journalism in Bosnia and Herzegovina and Serbia

The Uncertain Future: Centers for Investigative Journalism in Bosnia and Herzegovina and Serbia

Author(s): Nevena Ršumović / Language(s): English

Keywords: BiH; Serbia; media; journalism; investigative journalism; centers; funding;

In the past decade, independent nonprofit centers devoted to the production of investigative journalism according to the highest standards were established in the Western Balkans, joining a world-wide trend of investigative journalism migrating from mainstream media into specialized organizations. This study focuses on two such centers – one in Bosnia and Herzegovina (BiH) and one in Serbia - aiming to understand how such a model of an organization, successful primarily in the U.S, but also in several other places, can operate in the specific conditions of the media markets of the two countries. As the examined centers have as their role-models mainly similar centers in the U.S, the question is how applicable the U.S. nonprofit investigative journalism model is in the Western Balkan countries and are we, possibly, witnessing what Zielonka and Mancini dub “the opaque imitation of external models” referring to imported models that “have been put in practice in very different environments from those in which they originated”? Additionally, the study examines the role of the specifics of donor assistance in the Western Balkans on the operation and future of these two centers. While there are many definitions of investigative journalism, there is a broad understanding among professionals that its components are “systematic, in-depth, and original research and reporting, often involving the unearthing of secrets.” We could add that it covers issues which are in the public interest. It often entails heavy use of public records and data-driven journalism, and focuses on social justice and accountability. While some claim that all good reporting should be investigative, the reality is that methods of investigative reporting can take years to master. Kaplan warns that investigative journalism “should not be confused with what has been dubbed “leak journalism”– quick-hit scoops gained by the leaking of documents or tips, typically by those in political power,” which is a common case in the Western Balkans. Donors recognized the contribution of investigative journalism to accountability, development and democracy and included it in programs aimed at strengthening independent media, fighting corruption and promoting accountability, good governance and democracy. In the Western Balkans, donors have used three main approaches aimed at fostering development of investigative reporting. Attempts have been made to develop it by provision of trainings, through grants for investigative reporters, but also through the creation of nonprofit centers that specialize in investigative reporting as a response to various impediments to practicing it in the mainstream media. The development of investigative journalism nonprofits in the former communist countries of Central and Eastern Europe, including the region of the Western Balkans, was not only due to the lack of funding in the mainstream media, but “can also be seen as investigative journalism trying to deflect pressure from political, commercial or other special interests.” These independent, often non-profit centers are almost entirely dependent on donor funding. They use cutting-edge research methods, such as data driven journalism, publish mainly on the Internet, foster cross-border investigations, and seem to fill the void created among the traditional media. The question is, however, whether such centers in the Western Balkans are able to follow in the footsteps of successful examples abroad. Therefore, this exploratory study provides an analysis of two independent investigative journalism centers in Serbia and BiH dedicated to the production of investigative stories of the highest standards of Western journalism. The study is focused on the Center for Investigative Journalism Serbia (CINS), based in Belgrade, and the Center for Investigative Reporting (CIN), based in Sarajevo. While these centers resemble similar media operations in the Western countries of developed democracies, such as the U.S., this analysis examines the challenges that the two centers face in the context of their respective countries, such as dealing with shrinking international donor support and ensuring long-term self-sustainability, integration in the local media landscape and willingness by mainstream media to publish their stories so they can reach a wider audience in order to achieve policy impact. In order to answer these questions, the study first provides an overview of the trend of investigative journalism nonprofits and a brief analysis of the centers that CIN and CINS used as their role-models. Second, it outlines the problems in the media landscapes of BiH and Serbia which have an impact on investigative journalism. It then offers an overview of the assistance to investigative reporting in the two countries, followed by in-depth case studies of the two selected centers, based on interviews with their managers, funders and independent media experts. Finally, it provides a conclusion of the findings pertaining to the success in transposing the models upon which the centers were established and key contextual factors that influence their operation and perspectives for sustainability.

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Looking for Shortcuts? Assistance to - and Development of - Public Service Broadcasting in Bosnia-Herzegovina, Serbia, Kosovo, Macedonia, and Albania
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Looking for Shortcuts? Assistance to - and Development of - Public Service Broadcasting in Bosnia-Herzegovina, Serbia, Kosovo, Macedonia, and Albania

Looking for Shortcuts? Assistance to - and Development of - Public Service Broadcasting in Bosnia-Herzegovina, Serbia, Kosovo, Macedonia, and Albania

Author(s): Mark Thompson / Language(s): English

Keywords: BiH; Serbia; Kosovo; Macedonia; Albania; media; public service broadcasting; assitance; development;

If we were asked to invent a form of media assistance which combined the maximum number of challenges, it would be hard to imagine anything more formidable than the task of establishing public service broadcasters in transitional (newly democratic) states. When those states are recovering from profound trauma or systemic breakdown, the odds against success become even greater. And when the trauma involved interethnic bloodletting on a vast scale, in which neighbouring countries were complicit, and which was ended only by external intervention by yet other countries, the chances of decisive success become incalculably small. Let me list some challenges – with no certainty that the list is complete. A public service broadcaster (PSB) produces, commissions, and disseminates a range of contents to a universal (non-niche) audience. It has to be enabled and supported by an appropriate legal and regulatory framework, one which entrusts it with a public service mission, establishes suitable mechanisms for funding and accountability while protecting it from interference by parliament and government. It needs to provide a range of programs that “inform, educate and entertain” (the famous mantra) all sectors of the population, aiming for excellence in all strands, skilful enough to blend more rarefied output with populist material, juggling the schedule to reach large audiences with high-quality news and information. It needs to be funded by a mechanism that engages the public (such as the licence fee), on a generous scale and with a stability that allows it to fulfil its mission and to invest for the future. It needs to be technically well-equipped and resourced. If it cannot deliver excellent programmes to the entire population through broadcasting and online, the public is unlikely to wish to sustain it. From all this, it follows that the providers of such assistance need to be prepared to engage on many fronts – journalistic, technical, institution-building, political – and to spend lavishly, with no expectation of rapid results. They need to have the stamina for a lengthy – perhaps endless – political and diplomatic struggle with local elites who will be reluctant to support a project that threatens to take away an important lever of influence; and with a media industry that is likely to resist this non-commercial intruder. They will need to be ready to persuade media professionals and the wider public why they should support a kind of media output which may be unknown in their own language. They will need to invest in institution-building and professionalization: training journalists, editors and managers to fulfil their distinctive mandates in a PSB. They need to provide technical assistance at a high level for producing and disseminating content on several platforms. The prospect of a strong institution devoted to public service provision in the media provokes more or less acute anxiety and resistance among the political class. The preparation and adoption of a suitable legal and regulatory framework – one that provides political and public accountability on one hand, and denies the scope for political manipulation on the other – calls for appropriate international expertise, sensitively offered, and also for dialogue with law-makers, media professionals, and civil society groups. Finally, the suppliers of such assistance must be prepared for a long and patient (but also vigilant) engagement which may fail even after the actual steps have been taken. For laws can be enacted and not implemented. Journalists can be trained only to find they are unable or disinclined to exercise their new skills in the given conditions. Outlets can be brought into existence but then fail to find a loyal audience. Codes of ethics and self-regulatory mechanisms can be introduced and fail to make an impact on actual practice. This having been said, it is obvious why the endeavour to establish PSBs in Bosnia and Herzegovina, Serbia, Kosovo, Macedonia, and Albania faced immense difficulties. The country studies in this project, “Development of Functional Media Institutions in Western Balkans – A Comparative Study”, confirm this in useful ways. They also deepen our understanding of the ways in which assistance to PSBs links with assistance to other sectors of the media.

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Comparative Analysis of Regulatory Media Assistance: Lessons from Bosnia and Herzegovina and Kosovo
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Comparative Analysis of Regulatory Media Assistance: Lessons from Bosnia and Herzegovina and Kosovo

Comparative Analysis of Regulatory Media Assistance: Lessons from Bosnia and Herzegovina and Kosovo

Author(s): Vladimir Bratić / Language(s): English

Keywords: BiH: Kosovo; media; regulatory media assistance; comparative analysis; free speech; legislation; policy;

Generally, international media assistance can help any media system with the positive and negative interventions. Positive interventions, on the one hand, provide incentives and support the forces in the desired direction. Negative interventions, on the other hand, suppress unwanted practices which inhibit the desired outcome. Peace building is not any different and post-conflict media strategies are concerned with both positive and negative role of media in reconciliation. Most of the projects described in the literature deal with positive interventions – orchestration of positive media practices that contribute to peace: development of professional journalism, building media institutions and promotion of content in support of lasting peace. Nonetheless, negative interventions are often necessary to curb media practices that enable the continuation of conflict discourse. Even though the cessation of direct violence marks a decisive step in transforming conflict, sustainable peace depends on the eradication of other forces that are destructive to peace development. The majority of conflicts since the Cold War have been reinforced through carefully orchestrated media machines. Even after political agreements bring an end to physical violence, propaganda and inciting messages tend to prolong the culture of violence. Violence often continues to exist in a non-tangible form – cultural violence – as aspects of culture (e.g. religion, language, art) which function as the symbolic sphere of our existence. Cultural violence continues to exist most prominently in the media and as such represents a major obstacle to the peaceful transformation of conflict. Hence, the critical component of peace building media strategy that has been widely underreported concerns the regulation of residual violence-inciting, conflict-promoting media environment. While the intervention with peaceoriented information in conflict is necessary, “intervention against certain kinds of information” has not been a priority of most media interventions. Therefore, this chapter deals with the regulation process that centers on the development of legal environment which protects free speech and democratic media discourse while preventing inflammatory language, hate speech and verbal incitement. While the two approaches may appear to be in opposition, a more complementary practice developed over the last two decades. Nowhere else has this duality of media assistance been prominent as in the post-conflict recovery in Bosnia and Herzegovina (B&H) and Kosovo. In both of these cases, the initial media projects centered on journalism reform because at the time of the first post-Cold War conflicts, a quick model for news media improvement in conflict societies did not exist. A model of the media development at the time existed in the former communist countries in democratic transition (e.g. former Soviet bloc, Latin America and parts of Asia) and it focused on elimination of censorship and careful nurturing of independent press. However, years after the peace agreements were signed in both countries, the professionally-run, independent media were slow to make visible changes because they could not compete with the old, nationalist media sources (i.e. national broadcasters). The audiences stuck with the coverage of nationalist media which was frequently biased and often even hateful. Moreover, the new, independent media failed to attract larger audiences, despite their professional and objective journalism. The international administrators in charge of the media strategy believed that, when presented with the appropriate options, people would make the right choice (i.e. choosing objective media over biased ones) but the success of the nationalist media negated such assumption. The media strategists failed to understand that pluralism requires more than the saturation of the environment with new media outlets. This is when the reform of the regulatory environment became the focus of the media assistance in the region. However, the model of what regulatory reform of a conflict media needed to be was an enigma at this point. This chapter argues that the two experiences from the conflicts in B&H and Kosovo provided the answer of what regulative practice in conflict zones must contain. Not only have the two case studies established the variety of practices necessary for a comprehensive regulatory reform; they also came at the time when policy makers and academics came together to label this area of media assistance as “enabling environment” in one of the most influential studies for the USAID by Price and Krug. A decade later, many experts would agree that regulation efforts were possibly the best practice of media assistance and the basis for post-conflict intervention regulation paradigm. As such, the model of regulation from the Balkans will be seen as instrumental in the entire field of peace building media and a baseline for the future intervention in the conflicts in Iraq and Afghanistan. The chapter is structured as follows: The rationale for the production of positive media promoting peace building (e.g. journalism training, professionalization and development of peace-oriented media) is easily understandable and widely acceptable. The rationale for regulation of conflict media has not been as popular or easily understood. Therefore, it becomes highly important to understand the history of regulatory practices, provide the justification of its usefulness while remaining cognizant of the signpost issues surrounding the regulation (e.g. free speech v. hate speech). Finally, the two case studies of regulation from B&H and Kosovo are presented with the focus on implementation of regulation strategies (i.e. protection of free speech, suppression of incendiary media and development of regulatory authorities) that will serve as a basis for the media development known as “enabling environment” or the process of building media laws and institutions that support free and independent media.

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Media Reforms in Turbulent Times: The Role of Media Assistance in the Establishment of Independent Media Institutions in Serbia
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Media Reforms in Turbulent Times: The Role of Media Assistance in the Establishment of Independent Media Institutions in Serbia

Media Reforms in Turbulent Times: The Role of Media Assistance in the Establishment of Independent Media Institutions in Serbia

Author(s): Davor Marko / Language(s): English

Keywords: Serbia; media; media institution; media assistance role; reforms; independent media;

The Republic of Serbia is located in the central part of the Balkan Peninsula, and is one of seven independent states, established after the break up of multiethnic socialist Yugoslavia. Following the wars at the beginning of 1990s, Serbia remained, together with Montenegro, under the umbrella of the Federal Republic of Yugoslavia until 2003 when the State Union of Serbia and Montenegro was formed. In 2006 Montenegro declared its independence from the State Union. A year later, after it was administered by UNMIK on the basis of the UN Resolution 1244, the territory of Kosovo declared its independence as well. Serbia does not recognize the declaration of independence of Kosovo, but considers the act illegal and illegitimate. Serbia is a parliamentary republic with a multi-party system. The National Assembly is unicameral, composed of 250 representatives who serve four-year terms. Executive authority is exercised by the prime minister and the government. The president is the head of state, elected by popular vote; the role is ceremonial with little executive, legislative, or judicial authority. In 2011, Serbia’s population (excluding Kosovo) was slightly above 7 million people. The majority of the population is comprised of ethnic Serbs (82.9%), while the rest are diverse minority ethnic groups (the largest are Hungarians with 3.9%, Bosniaks 1.8%, Roma 1.4%, etc). Belgrade is the capital of Serbia.

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Assisting Media Democratization after Low-Intensity Conflict: The Case of Macedonia
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Assisting Media Democratization after Low-Intensity Conflict: The Case of Macedonia

Assisting Media Democratization after Low-Intensity Conflict: The Case of Macedonia

Author(s): Tamara Dimitrijevska-Markoski,Zhidas Daskalovski / Language(s): English

Keywords: North Macedonia; media; media assistance; democratization;

The Republic of Macedonia is a landlocked country in Southeast Europe. According to the 2002 census the country has just above 2 million inhabitants, the majority being ethnic Macedonians (64%) and ethnic Albanians (25%), and the rest (11%) belonging to other ethnic groups such as Roma, Turks, Serbs, Vlachs, Bosniaks etc. Politically, it is a parliamentary democracy with an executive government, a unicameral legislator and a largely ceremonial president. Macedonia is a member of the United Nations, the Council of Europe and a candidate country of the European Union. In international relations the country is referred to as the former Yugoslav Republic of Macedonia (FYR of Macedonia) because of an unresolved dispute over the name with Greece, which has a region called Greek Macedonia bordering on the south of the country, and negates the right of Macedonia to name itself as such. In view of recent history, Macedonia is a successor state of the multi-ethnic Yugoslav Federation from which it declared its independence in 1991. Macedonia was not affected by the armed conflicts in the early 1990s when Yugoslavia fell apart but experienced unrest as a fallout from the Kosovo crisis after Albanian refugees from Kosovo fled to Macedonia. In the early 2000s, a short-lived armed conflict ensued between Macedonian forces and Albanians who sought autonomy for the mainly Albanian-populated area of Macedonia. The Ohrid Framework Agreement facilitated by the United States and the European Union reestablished peace and laid the foundations for a better representation of minorities and their rights in Macedonian politics.

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Starting from Scratch: The Role of Media Assistance in the Establishment of Independent Media Institutions in Kosovo
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Starting from Scratch: The Role of Media Assistance in the Establishment of Independent Media Institutions in Kosovo

Starting from Scratch: The Role of Media Assistance in the Establishment of Independent Media Institutions in Kosovo

Author(s): Naser Miftari / Language(s): English

Keywords: Kosovo; media; independent media institutions; media assistance;

Kosovo is a Western Balkans state bordering Serbia, Macedonia, Montenegro and Albania. It was the last administrative unit to emerge as an independent state out of the former Yugoslavia, where it had the status of an autonomous province within Serbia. With the dissolution of Yugoslavia in the 1990s, the tensions between Kosovo Albanians and Serbs escalated into a full-fledged conflict between Serbian forces, loyal to the regime of Slobodan Milošević, and the Kosovo Liberation Army (KLA). The conflict ended after an extensive NATO military intervention that forced Serbia to withdraw from Kosovo in 1999 and led to the creation of the Kosovo protectorate under the supervision of the United Nations Mission in Kosovo (UNMIK). UNMIK administered Kosovo until the country proclaimed independence on February 17, 2008. Following independence UNMIK began to downsize and the European Union Rule of Law Mission in Kosovo (EULEX) was introduced. This development followed the conditions set forth in a UN endorsed plan for an internationally supervised independent Kosovo.

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Limited Assistance for Limited Impact: International Media Assistance in Albania
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Limited Assistance for Limited Impact: International Media Assistance in Albania

Limited Assistance for Limited Impact: International Media Assistance in Albania

Author(s): Ilda Londo / Language(s): English

Keywords: Albania; media; media assistance; impact; PBS; governance;

Albania has a population of just under three million, according to 2011 census. The country has undergone a profound economic transformation over the past two decades, from a centrally planned to a free-market economy. However, there is significant economic disparity between the capital, Tirana, and other nearby, developed cities, compared to more remote and isolated areas. The 2011 census revealed that Albanians make up 83% of the population, while Greeks, Roma, Aromanians, Macedonians, Egyptians or Montenegrins respectively make up less than 1% of the population. However, 14% of the population did not respond to the ethnicity question. Albania’s political system is that of a parliamentary multi-party democracy. The prime minister is designated by the parties that form a majority coalition. The president is elected by the parliament for a five-year term.

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Survey Results: Citizens Don't Trust Governments and Political Parties in BiH
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Survey Results: Citizens Don't Trust Governments and Political Parties in BiH

Rezultati ankete: građani ne vjeruju institucijama vlasti i političkim partijama u Bosni i Hercegovini

Author(s): Not Specified Author / Language(s): Bosnian

Keywords: BiH; government; political parties; citizens; trust; survey results;

Građani Bosne i Hercegovine (BiH) mogu biti razjedinjeni po mnogo osnova, ali su uglavnom saglasni u jednom: velika većina ne vjeruje institucijama vlasti, političkim partijama niti izabranim političkim zvaničnicima. Ubjedljivo najlošije kotiraju političke partije: samo 14,1% građana ima veliko povjerenje ili dosta povjerenja u političke partije dok cijelih 83,9% građana nema previše povjerenja ili uopće nema povjerenja u njih.

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Why Bosnia and Herzegovina Should Join Open Government Partnership
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Why Bosnia and Herzegovina Should Join Open Government Partnership

Why Bosnia and Herzegovina Should Join Open Government Partnership

Author(s): Not Specified Author / Language(s): English

Keywords: BiH; open government partnership; governace; citizens; trust; transparency;

Open Government Partnership (OGP) aims to encourage governments worldwide to become more transparent and more accountable to their citizens, “with the ultimate goal of improving the quality of governance, as well as the quality of services that citizens receive.” This multilateral initiative was formally started on September 20, 2011, when the governments of Brazil, Indonesia, South Africa, Mexico, Norway, the Philippines, United States of America and United Kingdom endorsed the Open Government Declaration. Meanwhile, the number of states participating in the initiative grew to 60, including all the Western Balkans countries apart from Bosnia and Herzegovina (BiH) and Kosovo. The initiative is overseen by a Steering Committee, which is comprised of government and civil society representatives.

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Survey Results: Attitudes of Citizens of BiH Towards Open Government Partnership Principles
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Survey Results: Attitudes of Citizens of BiH Towards Open Government Partnership Principles

Rezultati ankete: Odnos građana Bosne i Hercegovine prema principima Partnerstva za otvorenu vlast

Author(s): Not Specified Author / Language(s): Bosnian

Keywords: BiH; governance; open government partnership; citizens; transparency; survey results;

“Partnerstvo za otvorenu vlast” (Open Government Partnership - OGP) je multilateralna inicijativa za transparentnost i otvorenost vlasti u kojoj učestvuje 60 zemalja. Iako Bosna i Hercegovina (BiH) ispunjava osnovne uslove pristupa ovoj važnoj međunarodnoj inicijativi, vlasti u BiH još uvijek nisu izrazile spremnost da se uključe u “Partnerstvo za otvorenu vlast”, pa je tako BiH jedina zemlja zapadnog Balkana pored Kosova koja nije dio inicijative. U okviru projekta “Zagovaranje za otvorenu vlast: Pravo da znam u Jugoistočnoj Evropi”, Centar za društvena istraživanja Analitika pokreće niz istraživačkih i zagovaračkih aktivnosti kako bi se ova inicijativa promovirala u BiH.

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Continuing Discrimination with Judicial Means: Logical Acrobatics and Absurdities of the Second Instance Decision in the Case of “Two Schools under One Roof”
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Continuing Discrimination with Judicial Means: Logical Acrobatics and Absurdities of the Second Instance Decision in the Case of “Two Schools under One Roof”

Continuing Discrimination with Judicial Means: Logical Acrobatics and Absurdities of the Second Instance Decision in the Case of “Two Schools under One Roof”

Author(s): Aleksandra Ivanković-Tamamović / Language(s): English

Keywords: BiH; discrimination; judicial means; court; education; two schools under one roof;

The concept and practice known under the name of “two schools under one roof,” according to which in certain schools, pupils of different ethnicities attend classes formally within the same school, yet following different, national programs, using different classrooms, sometimes entering the school using different entrances or even different buildings in the process, is one of the paradoxes of the Bosnian-Herzegovinian (BiH) post-war society. Introduced as a temporary solution aimed at facilitating equal treatment for children of different ethnicities, in the regions in which it still survives, the concept has long grown out of the model for easier integration into open segregation, while at the same time, naturally, the greatest damage is suffered by the very children who go to such schools. Limited to perceiving only one, their own identity, discouraged or even prevented from knowing the other and different, that from the opposite end of the schoolyard, street or town, pupils from these schools grow up afraid of assimilation, which in the end leads to the development of individuals who are afraid of the world around them, instead of individuals who live in freedom and who prosper. Sixty years ago, in the famous judgment of Brown v. Board of Education, which abolished racially segregated education in the United States, US Chief Justice Earl Warren said: “In the field of public education the doctrine of ‘separate but equal’ has no place. Separate educational facilities are inherently unequal.”

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Continuing Discrimination with Judicial Means: Logical Acrobatics and Absurdities of the Second Instance Decision in the Case of “Two Schools under One Roof”
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Continuing Discrimination with Judicial Means: Logical Acrobatics and Absurdities of the Second Instance Decision in the Case of “Two Schools under One Roof”

Nastavak diskriminacije pravosudnim sredstvima: logičke akrobacije i apsurdi drugostepene sudske odluke u predmetu Dvije škole pod jednim krovom

Author(s): Aleksandra Ivanković-Tamamović / Language(s): Bosnian

Keywords: BiH; discrimination; judicial means; court; two schools under one roof;

Koncept i praksa poznati pod nazivom “dvije škole pod jednim krovom”, po kojem u izvjesnim školama učenici različite nacionalnosti nastavu pohađaju u okviru formalno iste škole, ali prateći različite, nacionalne programe, pri tome koristeći različite prostorije, ponekad ulazeći u školu na različite ulaze ili čak i u različite zgrade, jedan je od paradoksa poslijeratnog bosanskohercegovačkog društva. Nastao kao privremeno rješenje usmjereno na omogućavanje jednakog tretmana djeci različitih nacionalnosti, u područjima u kojima je opstao koncept je odavno iz modela za lakšu integraciju prerastao u otvorenu segregaciju, pri čemu, naravno, najveću štetu trpe baš i upravo djeca koja u takve škole idu. Ograničeni na spoznaju samo jednog, sopstvenog identiteta, obeshrabreni ili čak spriječeni da upoznaju drugo i drugačije, sa drugog kraja školskog dvorišta, ulice ili grada, učenici ovih škola odrastaju u strahu od asimilacije, što u konačnici dovodi do razvoja individua koje se boje svijeta oko sebe, umjesto da u njemu žive u slobodi i da prosperiraju. Earl Warren, predsjednik Vrhovnog suda Sjedinjenih Američkih Država, još prije šezdeset godina, u čuvenoj presudi Brown protiv Odbora obrazovanja, kojom je ukinuto rasno segregirano obrazovanje u SAD-u, kazao je: “U oblasti javnog obrazovanja nema mjesta za doktrinu ‘odvojeni ali ravnopravni’. Odvojeni obrazovni sistemi su u srži neravnopravni”.

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A City’s Decline: Towards the Prevention of Deterioration of Public Spaces in Sarajevo Neighborhoods
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A City’s Decline: Towards the Prevention of Deterioration of Public Spaces in Sarajevo Neighborhoods

A City’s Decline: Towards the Prevention of Deterioration of Public Spaces in Sarajevo Neighborhoods

Author(s): Mirna Jusić / Language(s): English

Keywords: BiH; Sarajevo; public spaces; communal services;

The visible decline of public spaces in urban neighborhoods in Sarajevo is a result of a number of factors, including an imprecise normative framework and a lack of standards for certain communal services, as well as insufficient mechanisms of control of the delivery and quality of services in the areas of communal cleanliness and the maintenance of public areas. In addition, there are a number of obvious obstacles to the sanctioning of offences of littering, damaging or destroying urban spaces. Moreover, mechanisms of communication between responsible institutions and the residents of Sarajevo are wanting. This policy brief provides recommendations that aim to improve the current regulation and practice in order to prevent further physical deterioration of public spaces. It is primarily intended for the representatives of cantonal and local authorities in Sarajevo.

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A City’s Decline: Towards the Prevention of Deterioration of Public Spaces in Sarajevo Neighborhoods
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A City’s Decline: Towards the Prevention of Deterioration of Public Spaces in Sarajevo Neighborhoods

Degradacija grada: ka sprečavanju propadanja javnih prostora u sarajevskim naseljima

Author(s): Mirna Jusić / Language(s): Bosnian

Keywords: BiH; Sarajevo; public spaces; communal services;

Očigledno propadanje javnih prostora u urbanim naseljima u Sarajevu rezultat je niza faktora, uključujući neprecizan normativni okvir i nedostatak standarda za pojedine komunalne djelatnosti , te nedovoljne mehanizme kontrole isporuke i kvaliteta usluga u oblasti ma komunalne čistoće i održavanja javnih površina. Također, evidentan je i niz prepreka sankcioniranju prekršaja koji se odnose na onečišćenje i uništavanje urbanih prostora, kao i neadekvatni mehanizmi komunikacije između nadležnih institucija i stanovnika Sarajeva. Ovaj sažetak nudi preporuke usmjerene na unapređenje aktualne regulative i prakse kako ne bi došlo do daljnje fizičke deterioracije javnih prostora, a prvenstveno je namijenjen predstavnicima kantonalne i lokalne vlasti u Sarajevu.

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From Collection to Prevention - Preconditions for Comprehensive Gathering of Information on Discrimination in Bosnia and Herzegovina
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From Collection to Prevention - Preconditions for Comprehensive Gathering of Information on Discrimination in Bosnia and Herzegovina

From Collection to Prevention - Preconditions for Comprehensive Gathering of Information on Discrimination in Bosnia and Herzegovina

Author(s): Emina Ćerimović,Dženana Hrlović / Language(s): English

Keywords: BiH; discrimination; information access; politics; human rights: refugees;

The adoption of the Law on the Prohibition of Discrimination (hereinafter LPD) in July 2009, was a milestone in the efforts to ensure the right of each individual in Bosnia and Herzegovina (BiH) to the protection from discrimination. The institutional framework for the protection against discrimination was defined through the appointment of the Institution of the Human Rights Ombudsman of BiH as the central institution for the protection against discrimination and the appointment of the Ministry for Human Rights and Refugees of BiH as the central institution responsible for monitoring the implementation of the LPD. The LPD provisions provide for important protection mechanisms and activities aimed at the prevention and elimination of discrimination in BiH. The protection mechanisms defined under this Law are the discrimination lawsuits and the proceedings in response to the complaints lodged with the Institution of Ombudsman of BiH. The effectiveness of protection mechanisms in discrimination cases before the Ombudsman is further enhanced by the introduction of a minor offence liability for the failure to act upon Ombudsman’s recommendation in a concrete case. In addition, the Law provides for an important obligation of the competent state bodies to collect, consolidate and analyse data on discrimination cases. The activities of collecting and analysing data on discrimination are recognised as one of the key measures undertaken by governments in fighting discrimination. However, collecting data in this field is a complex task for which the best modalities are yet to be found. There is no universally accepted model for the collection of such data and the methodology used differs between countries. In addition, there are certain dilemmas as to whether the collection of this data is justified with regards to ethical issues (for example, allegations that discrimination data itself reinforces prejudices and discrimination patterns), financial implications, and privacy protection concerns. However, the multiple benefits of reliable data on discrimination, particularly in the context of strengthening the measures and policies against discrimination, clearly indicate that the collection of data on discrimination requires special attention. Currently, the data on discrimination in BiH is collected in a fragmented manner, on an ad hoc basis, and the LPD provisions that regulate this matter are implemented with delay. The Rulebook on Methods of Collecting Data on Cases of Discrimination in BiH (hereinafter the Rulebook), which was supposed to be adopted within 90 days after the Law enters into force, was adopted almost four years later – at the beginning of April 2013. In addition, the central database on discrimination cases (the central database) has not been established yet, and the above-mentioned Rulebook stipulates its establishment only by the end of 2013. It is clear that an effective fight against discrimination requires both, the adoption of appropriate legal and institutional framework, as well as taking concrete steps in order to ensure its implementation. In this regard, taking into account the current legal framework in this field, this study attempts to answer the questions as to what are the key difficulties that the competent institutions face in collecting data on discrimination in BiH and what needs to be done to overcome them? The goal of this study is to provide recommendations for a better, more comprehensive, and consistent data collection on discrimination in BiH. In seeking to address the key research questions, first, the relevant literature on the subject of the collection of data on discrimination was reviewed. Then, the LPD, the Rulebook on Methods of Collecting Data on Cases of Discrimination in BiH, other national legislation relevant to this subject matter, legislation of other countries, including international documents related to the collection of data on discrimination, were analysed. Also, the system of data collection on discrimination cases in BiH was examined, as provided for in the LPD, i.e. the manner in which the Ministry for Human Rights and Refugees of BiH, The Institution of Human Rights Ombudsman of BiH and other stakeholders interpret the relevant provisions of the LPD and their own obligations as prescribed by law. In addition, in order to compare the BiH system of data collection with the best comparative practices, an analysis of current and planned activities of the key BiH players in this field was undertaken. Due to the lack of secondary data on this subject matter in BiH, a total of 14 interviews with the key stakeholders, including the representatives of institutions responsible for the implementation of the LPD, were conducted. Finally, with the aim of identifying good practices and possible solutions to the identified problems, a comparative analysis of the experiences of the countries in the region and the European Union (EU) in the collection of data on discrimination was also conducted. The above-described goal of the study also largely determines its structure. The first part of the study elaborates on the importance of data collection in fighting discrimination. The second part of the study deals with the type of data on discrimination that should be collected, focusing on the comparative experiences and the legal framework for the collection of discrimination data in BiH. The following section attempts to answer the question as to who collects data on discrimination. In addition, this section aims to identify some of the basic preconditions for successful collection of data on discrimination. The fifth section of the study aims to identify the methods for the collection of data on discrimination and the sources of such data in the light of international standards and comparative experiences. This section additionally provides an overview of the sources of data in BiH. Given the complex ethical issues inevitably arising in the collection of such, usually sensitive, data, the subsequent section seeks to address the privacy protection concerns in data collection, followed by the section that deals with the issue of access and availability of the collected data. Finally, an overview and analysis of the current situation in this field in BiH, as well as the experiences of other countries, served as a useful framework for proposing recommendations in order to improve the collection of data on discrimination in BiH.

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From Collection to Prevention - Preconditions for Comprehensive Gathering of Information on Discrimination in Bosnia and Herzegovina
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From Collection to Prevention - Preconditions for Comprehensive Gathering of Information on Discrimination in Bosnia and Herzegovina

Od evidencije do prevencije - Pretpostavke za sistemsko prikupljanje informacija o diskriminaciji u Bosni i Hercegovini

Author(s): Emina Ćerimović,Dženana Hrlović / Language(s): Bosnian

Keywords: BiH; discrimination; information access; politics; human rights: refugees;

Usvajanje Zakona o zabrani diskriminacije (ZZD) u julu 2009. godine predstavlja ključni korak u nastojanju da se u Bosni i Hercegovini (BiH) osigura pravo svakog pojedinca na slobodu od diskriminacije. Imenovanjem Institucije ombudsmena za ljudska prava BiH centralnom institucijom za zaštitu od diskriminacije i Ministarstva za ljudska prava i izbjeglice BiH centralnom institucijom odgovornom za nadzor sprovođenja ZZD-a definiran je i institucionalni okvir za zaštitu od diskriminacije. Odredbama ZZD-a su predviđeni važni mehanizmi zaštite i aktivnosti, usmjereni na suzbijanje i ukidanje diskriminacije u BiH. Mehanizmi zaštite predviđeni ovim zakonom su antidiskriminacijski parnični postupci te postupci po žalbi pred Institucijom ombudsmena BiH. U predmetima koji se tiču diskriminacije efektivnost mehanizama zaštite pred Institucijom ombudsmena je dodatno pojačana uvođenjem instituta prekršajne odgovornosti za nepostupanje po preporuci ove institucije u konkretnom predmetu. Osim toga, Zakonom je predviđena i važna obaveza nadležnih državnih tijela i organa da prikupljaju, konsolidiraju i analiziraju podatke o slučajevima diskriminacije. Aktivnosti prikupljanja i analize podataka o diskriminaciji prepoznaju se kao jedna od ključnih mjera države u domenu borbe protiv diskriminacije. Međutim, prikupljanje podataka u ovoj oblasti je složen posao za koji se još uvijek pokušavaju pronaći najbolji modaliteti. Naime, ne postoji općeprihvaćeni model za prikupljanje takvih podataka, pa ni metodologija koja se za te svrhe koristi nije istovjetna u svim zemljama. Također, postoje određene dileme o opravdanosti prikupljanja ovih podataka, poput etičkih pitanja (npr. tvrdnje da podaci o diskriminaciji sami po sebi učvršćuju predrasude i obrasce diskriminacije), finansijskih implikacija ili izazova zaštite privatnosti osoba o kojima se podaci prikupljaju. Ipak, višestruki značaj pouzdanih podataka o diskriminaciji, naročito u kontekstu definiranja antidiskriminacijskih mjera i politika, jasno ukazuje na to da je ovoj problematici potrebno posvetiti posebnu pažnju. Trenutno se u BiH podaci o diskriminaciji prikupljaju fragmentirano, na ad hoc principu, a odredbe ZZD-a koje o tome govore implementiraju se sporo. Pravilnik o načinu prikupljanja podataka o predmetima diskriminacije (Pravilnik) koji je trebao biti sačinjen u roku od 90 dana od dana stupanja Zakona na snagu donesen je gotovo četiri godine kasnije - početkom aprila 2013. godine. Pored toga, još uvijek nije uspostavljena centralna baza podataka o predmetima diskriminacije (centralna baza podataka), a spomenuti pravilnikom je predviđeno da će to biti učinjeno tek do kraja 2013. godine. Jasno je, naime, da za efikasnu borbu protiv diskriminacije nije dovoljno samo usvojiti odgovarajući pravni i institucionalni okvir, nego je potrebno poduzeti konkretne korake kako bi bila osigurana njegova provedba. S tim u vezi, a uzimajući u obzir aktuelni zakonski okvir u ovoj oblasti, ova studija nastoji odgovoriti na pitanje koji su ključni problemi sa kojima se nadležne institucije suočavaju u prikupljanju podataka o diskriminaciji u BiH i šta je potrebno učiniti da se oni prevaziđu? Cilj studije je da ponudi preporuke na temelju kojih bi se stvorili preduvjeti za bolje, sveobuhvatnije i konzistentnije prikupljanje podataka o diskriminaciji u BiH. U potrazi za odgovorom na ključno istraživačko pitanje najprije je obavljen pregled recentne literature o ovoj problematici. Zatim su analizirani ZZD, Pravilnik o načinu prikupljanja podataka o predmetima diskriminacije u BiH te drugi domaći i strani propisi relevantni za ovu tematiku, uključujući i međunarodne dokumente koji se odnose na prikupljanje podataka o diskriminaciji. Treće, ispitan je sistem prikupljanja podataka o diskriminaciji u BiH, predviđen ZZD-om, odnosno način na koji Ministarstvo za ljudska prava i izbjeglice BiH, Institucija ombudsmena BiH ali i drugi relevantni akteri interpretiraju značajne odredbe ZZD-a i vlastite obaveze koje iz njih proizlaze. Pored toga, analizirane su aktuelne i planirane aktivnosti relevantnih aktera u BiH kako bi se utvrdilo koliko je situacija u BiH u ovoj oblasti daleko od najbolje komparativne prakse. Usljed nepostojanja relevantnih informacija iz sekundarnih izvora u ovoj oblasti u bosanskohercegovačkom kontekstu, u tu svrhu je obavljeno ukupno 14 intervjua sa ključnim akterima, uključujući predstavnike institucija nadležnih za implementaciju ZZD-a. Na kraju, a s ciljem utvrđivanja dobrih praksi i mogućih rješenja za identificirane probleme, obavljena je i komparativna analiza iskustava zemalja regije, ali i Evropske unije (EU), u domenu prikupljanja informacija o diskriminaciji. Opisana namjera studije umnogome određuje i njenu strukturu. Prvi dio studije elaborira značaj prikupljanja podataka u borbi protiv diskriminacije. Koje podatke o diskriminaciji je potrebno prikupljati, pitanje je koje tematizira drugi dio studije, fokusirajući se na komparativna iskustva i zakonski okvir za prikupljanje podataka o diskriminaciji u BiH. Naredno poglavlje nastoji odgovoriti na pitanje ko prikuplja podatke o diskriminaciji, nastojeći utvrditi neke od temeljnih uvjeta uspješnog funkcioniranja sistema za prikupljanje podataka o diskriminaciji. Peti dio studije ima za cilj da identificira metode i izvore prikupljanja podataka o diskriminaciji u svjetlu međunarodnih standarda i komparativnih iskustava te ponuditi pregled izvora tih podataka u kontekstu BiH. S obzirom na kompleksna etička pitanja koja se nužno postavljaju prilikom prikupljanja ovakvih, u pravilu osjetljivih podataka, naredna sekcija ima za cilj da se osvrne na problematiku zaštite privatnosti pri prikupljanju podataka. Nakon toga slijedi sekcija koja tematizira pitanje pristupa, odnosno dostupnosti prikupljenih informacija. Konačno, pregled i analiza trenutnog stanja u ovoj oblasti u BiH, kao i iskustva drugih zemalja, poslužili su kao koristan okvir za formuliranje preporuka za unapređenje sistema prikupljanja podataka o diskriminaciji u BiH.

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From Collection to Prevention - Preconditions for Comprehensive Gathering of Information on Discrimination in Bosnia and Herzegovina
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From Collection to Prevention - Preconditions for Comprehensive Gathering of Information on Discrimination in Bosnia and Herzegovina

From Collection to Prevention - Preconditions for Comprehensive Gathering of Information on Discrimination in Bosnia and Herzegovina

Author(s): Emina Ćerimović / Language(s): English

Keywords: BiH; discrimination; information access; politics; human rights: refugees;

As a result of the adoption of the Law on Prohibition of Discrimination in Bosnia and Herzegovina in July 2009, all institutions in Bosnia and Herzegovina (BiH) are required to collect and keep records of data on cases of discrimination. According to this law, the institution responsible for monitoring its implementation is the Ministry for Human Rights and Refugees of BiH. This Ministry is also obliged to coordinate the collection of data and to act as a central repository of data on discrimination in the broader sense. In addition, the Ministry has the responsibility to report on the instances and the scope of discrimination in the country. Almost four years later, numerous provisions of the law in this area have not been realized. As a consequence, it is not possible to map the actual state of discrimination in BiH, which ultimately does not allow for the formulation of adequate policies and activities of protection against discriminatory treatment in BiH, as well as its prevention.

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From Collection to Prevention - Preconditions for Comprehensive Gathering of Information on Discrimination in Bosnia and Herzegovina
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From Collection to Prevention - Preconditions for Comprehensive Gathering of Information on Discrimination in Bosnia and Herzegovina

Od evidencije do prevencije: pretpostavke za sistemsko prikupljanje informacija o diskriminaciji u Bosni i Hercegovini

Author(s): Emina Ćerimović / Language(s): Bosnian

Keywords: BiH; discrimination; information access; politics; human rights: refugees;

Usvajanjem Zakona o zabrani diskriminacije u julu 2009. godine svim institucijama u Bosni i Hercegovini (BiH) propisana je obaveza prikupljanja i vođenja evidencije podataka o predmetima diskriminacije. Prema ovom zakonu, institucija odgovorna za nadzor nad njegovim sprovođenjem je Ministarstvo za ljudska prava i izbjeglice BiH. Ministarstvo je obavezno i da koordinira aktivnosti prikupljanja podataka te da djeluje kao centralni repozitorij podataka o diskriminaciji u širem smislu. Pored toga, Ministarstvo ima obavezu izvještavanja o pojavama i obimu diskriminacije. No, i skoro četiri godine nakon njegova usvajanja brojne odredbe Zakona o zabrani diskriminacije u ovom domenu ostaju neispunjene. Posljedica toga je nepostojanje uvida u stvarno stanje diskriminacije u društvu, što onemogućuje razvoj i provođenje adekvatnih politika i aktivnosti usmjerenih ka suzbijanju i zaštiti od diskriminatornog postupanja u Bosni i Hercegovini.

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Missing the Rules of Engagement - An Overview of Legal Frameworks for Citizen Participation in Local Decision-Making Processes in Bosnia and Herzegovina, Croatia and Montenegro
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Missing the Rules of Engagement - An Overview of Legal Frameworks for Citizen Participation in Local Decision-Making Processes in Bosnia and Herzegovina, Croatia and Montenegro

Missing the Rules of Engagement - An Overview of Legal Frameworks for Citizen Participation in Local Decision-Making Processes in Bosnia and Herzegovina, Croatia and Montenegro

Author(s): Mirna Jusić / Language(s): English

Keywords: BiH; Croatia; Montenegro; governance; citizens; participation; decision-making; political systems;

Citizen participation in local level decision-making processes is not a novelty in the region of former Yugoslavia. The subject had received international attention during the 1970s, when innovative participatory institutions and practices in Yugoslav municipalities were making their way into scholarly texts discussing solutions to the problems of participatory democracy. Yet despite – or maybe because of – the apparent historical legacy of citizen participation in local-level decision-making, current accounts of local-level practices of citizen engagement appear to be wanting. Research conducted in Bosnia and Herzegovina (hereafter: BiH), Croatia and Montenegro, three countries considered in this report, points to weaknesses in the way participatory processes are conducted. Despite variations in practice, the general impression is that citizens are inadequately informed about possibilities for participation and may lack feedback on outcomes of participatory processes; that their ability to influence decision-making is perceived to be questionable; or that local administrations lack capacities and expertise for organizing well-structured participatory events. The motivation of citizens to engage in decision-making appears to be hampered by their perception that chances to do so are limited and that official channels for addressing their problems and needs are absent. Such findings are especially telling considering that citizen participation has become a key word in the jargon of national and local governments, as well as international organizations that have in the past twenty years devoted significant efforts to policy development and capacity building processes in the area of citizen engagement. To date, little attention has been paid to the factors that potentially influence participatory processes and that may help explain the similarities and differences in practice in these three countries since their democratization. Considering an enabling policy environment to be such a factor, this report seeks to inquire whether legal and institutional frameworks for citizen participation in BiH, Croatia, and Montenegro enable or discourage citizen participation in decision-making in local affairs. This factor appears especially important given the substantial effort vested in participation policies and programs by domestic and international actors. At the same time, we recognize the importance of other contextual factors for effective participation, such as the level of democratization, tradition of citizen engagement or the capacities of different actors to encourage participatory practices, but do not examine them at any length in here. This report is a result of research conducted for the project “Effective and sustainable citizen participation” in order to inform the creation of operational documents for citizen participation in local decision-making processes in BiH, Croatia and Montenegro. The ultimate purpose of the report is to provide a systematic overview of legal arrangements for citizen participation in the three countries, so that operational documents could be drafted in such a way as to correspond with the existing legal and institutional frameworks. Besides the needs of the project, the comparison of these three countries is also conceptually and methodologically motivating because they recently were a part of the same legal, political and cultural whole in the joint administrative organization of the former Yugoslavia, but have in the past twenty years had different reform paths, as suggested by their different EU accession prospects. These differences and similarities between countries form an interesting basis for analysis of legal and institutional frameworks for citizen participation, especially having in mind the rather bleak findings on citizen participation in practice. Furthermore, an almost total absence of comparative studies on legal frameworks and institutional practices with respect to citizen participation at the local level in the three countries is an additional reason for providing an overview such as this one. Although its theoretical and explanatory value might be limited by a primarily descriptive approach and methodological limitations (see below, Chapters 2 and 3), this report attempts to offer a sound systematic basis for further studies on this largely neglected topic in the region of Western Balkans. In that respect, the ambition of this text is to provide a broad overview of key characteristics, trends and processes in respect to the evolving legal frameworks and institutional practices for citizen participation in BiH, Croatia and Montenegro, and to point out key issues and questions, rather than to offer explanations and answers. Special emphasis will be placed on correspondence between legal frameworks in the three countries on one side, and relevant international norms and standards, notably those of the Council of Europe, on the other. This report begins with a conceptual framework of citizen participation in Chapter 2, followed by the analytical approach and methodology in Chapter 3. Chapter 4 provides an overview of local governance and a synthesis of results on citizen participation in practice in these three countries to date, and Chapter 5 contains an analysis of the enabling and disabling aspects of the institutional and legal frameworks for citizen participation. The findings of this overview are discussed in the concluding Chapter 6, with recommendations for the institutionalization of local-level citizen participation processes and with suggestions for further inquiry.

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Judicial Protection from Discrimination in Bosnia and Herzegovina: Analysis of Laws and Practice Based on Initial Cases in This Field
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Judicial Protection from Discrimination in Bosnia and Herzegovina: Analysis of Laws and Practice Based on Initial Cases in This Field

Judicial Protection from Discrimination in Bosnia and Herzegovina: Analysis of Laws and Practice Based on Initial Cases in This Field

Author(s): Not Specified Author / Language(s): English

Keywords: BiH; discrimination; judicial protection; laws; practices; initial cases;

In the course of 2011 and 2012, Analitika conducted a research on the key issues regarding the protection of individuals from discrimination, based on the (rather limited) court practice in this area in Bosnia and Herzegovina (BiH). The research has shown, inter alia, that courts often misunderstand and incorrectly interpret key novelties in civil proceedings concerning the protection from discrimination, such as shifting the burden of proof on the defendant, and that the legally prescribed urgency of anti-discrimination proceedings is generally not respected. Moreover, some legal provisions, such as the ones setting extremely unfavourable costs of the proceedings for the victims of discrimination giving extremely short deadlines for filing anti-discrimination lawsuits, or determining that the territorial jurisdiction of the court be based on the place of residence of the defendant, and not the plaintiff , are not in accordance with best practice in this area, and as such, present an additional obstacle for the effective litigation against discrimination in BiH.

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