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Summary: This report extracts mentions of children's rights issues in the reports of the UN Special Procedures. This does not include reports of child specific Special Procedures, such as the Special Rapporteur on the sale of children, child prostitution and child pornography, which are available as separate reports.
Please note that the language may have been edited in places for the purpose of clarity
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- Special Rapporteur on the human rights situation in Bosnia and Herzegovina (1997)
- Special Rapporteur on the situation of human rights in Bosnia and Herzegovina, the Republic of Croatia and the Federal Republic of Yugoslavia (1999)
- Special Rapporteur on the situation of human rights in Bosnia and Herzegovina, the Republic of Croatia and the Federal Republic of Yugoslavia (2000)
- Special Rapporteur on the situation of human rights in Bosnia and Herzegovina, the Republic of Croatia and the Federal Republic of Yugoslavia (2001)
- Special Rapporteur on trafficking
- Representative of the Secretary-General on Internally Displaced Persons
- Special Rapporteur on the right to education
- Working Group on enforced or involuntary disappearances
- Independent Expert on minority issues
- Special Rapporteur on violence against women, its causes and consequences
- Special Rapporteur in the field of cultural rights
- Requested visits
Special Rapporteur on the human rights situation in Bosnia and Herzegovina, Elizabeth Rehn
(E/CN.4/1998/13)
Country visit: 21 to 28 March, 16 to 24 July, 29 August to 3 September 1997
Report published: 15 October 1997
II. Legal Guarantees - A. Human rights obligations:
Some of the international instruments by which Bosnia and Herzegovina is bound impose reporting obligations with respect to United Nations treaty bodies. However, in some cases the Government of Bosnia and Herzegovina has failed to meet these obligations. For instance, the authorities have yet to present their initial report to the Committee on the Rights of the Child. (para 22)
IV. Freedom of Movement - B. Right to voluntary return:
Minorities have been denied registration for identity cards in Teslic, Banja Luka and Bijeljina (Republika Srpska). Similar complaints have been received from Drvar (Federation), where the Special Rapporteur raised the problem of registration during her visit in July 1997. As registration is necessary, for example, [...] to register children in school, it is imperative that it be accomplished without discrimination. (para 56)
V. Liberty and Security of Person - A. Right to life - 1. Landmines:
Landmines laid during the war continue to kill and maim people throughout Bosnia and Herzegovina. Between 1 January 1996 and 29 August 1997, 216 persons died, 531 received serious injuries and 153 received minor injuries according to the United Nations Mine Action Centre (UNMAC). The victims have been mainly civilians, including men and women harvesting crops or collecting wood, and children playing in fields. (para 70)
X. Economic, Social and Cultural Rights:
With respect to cultural rights, there is concern about education. Although the educational system has traditionally been of high quality, it is having problems related mainly to the decentralization process. Different curricula are now used and there may be a need for their harmonization. Furthermore, some textbooks are marked by ethnic bias and propaganda, which is not conducive to a spirit of reconciliation and tolerance. As for access to education, some incidents have occurred in which minority children have been prevented from attending certain schools, as noted in the Federation Ombudsmen's 1996 report on the situation of human rights (April 1997). (para 135)
Annex 1 - Review of the Special Rapporteur's Past Recommendations and Assessment of their Implementation - IV. Rights of the Child and Education:
A. Protection of children -
"The children ... should be the first priority of all concerned parties [who] should strictly implement the [Convention on the Rights of the Child]” (A/50/727-S/1995/933, para. 110)
Comment: While children certainly constitute one of the most vulnerable groups on whom the effects of the war were particularly acute, it seems that they are still not considered a priority. However, the Special Rapporteur welcomes the recent creation of a Division for the Rights of the Child within the Federation Ombudsmen institution, and hopes it will help to more closely achieve compliance with the Convention.
B. Human rights education -
“There is ... great urgency in including human rights education ... in the curricula of all schools ...” (E/CN.4/1997/9, para. 36).
“Children ... should benefit from comprehensive programmes of human rights education in the schools ... Efforts should also be pursued to develop educational exchange programmes, cultural activities and even sports events, such as football matches (with mixed-nationality teams) which bring children and youth together” (E/CN.4/1997/56, para. 63).
Comment: While international programmes have been launched to provide some teachers with human rights training, the current curricula do not include human rights education programmes, nor have curricula or textbooks been revised in the light of human rights principles.
(E/CN.4/2000/39)
Country visit: April 1999, 15 to 20 May 1999
Report published: 28 December 1999
No mention of children's rights.
(A/55/282)
Country visit: 24 to 26 January, 11 to 15 June 2000
Report published: 20 October 2000
C. Economic and social rights - 2. Right to education:
The major problem in the education system is the effective division of the education system along ethnic lines. There have been several cases of physical segregation, where minority children have not been allowed to use school premises. Following direct intervention from the international community, some crises were solved; thus, the primary schools of Stolac and Vares are now shared by Croat and Bosniak returnee children. In many other areas, however, segregation continues. (para 19)
Regarding textbooks and curricula, the Special Rapporteur notes that some progress has been made on the removal of offensive and discriminatory material from textbooks, but this needs to be followed by further steps to ensure that textbooks eventually meet European standards. The signing of the Declaration and Agreement on Education in May 2000 was a welcome step. (para 20)
D. Civil and political rights - 1. Right to life and security of person:
The Special Rapporteur regrets to report that mine accidents have continued to take the lives of innocent victims, including children. [...] Mine-clearance need to be redoubled and sufficient funding allocated to mine-clearance activities, including education of children and returnees. (para 24)
(E/CN.4/2001/47)
Country visit: 11 to 15 June 2000
Report published: 29 January 2001
E. Gender based violence and trafficking:
The trade in women and children for the purpose of forced prostitution remains one of the most serious human rights violations now being committed in Bosnia and Herzegovina. Information has been received from NGOs that women from Bosnia and Herzegovina are arriving at shelters in some Western European countries, indicating that the country is no longer a country of destination only, but also a country of origin. (para 24)
The causes for the trafficking problem in Bosnia and Herzegovina include the lack of an effective State border service, the existence of a market and - of greatest significance - economic conditions in the countries of origin. Most women found in Bosnia and Herzegovina come from Moldova, Romania and the Ukraine. Disturbingly, recent raids on brothels in Bosnia and Herzegovina have shown that a substantial number are minors, some as young as 14. (para 25)
To date, responsibility for protecting the human rights of these individuals has fallen almost entirely on the shoulders of the international community. Raids on night clubs, coffee bars and other locations where trafficked women are believed to work are conducted by local police accompanied by members of the United Nations International Police Task Force. Initial interviews are conducted and women are asked whether they want to return to the country of origin. As far as is possible, women are informed of their legal rights and offered counselling and health care but, given the limited resources, neither the international nor the local authorities can offer all the assistance that is necessary. (para 26)
International representatives and local NGOs have requested that the Government take serious steps to deal with this problem. The Council of Ministers in November 2000 passed a resolution establishing a State-level working group chaired by the Ministry for European Integration and the Stability Pact. The aim of the working group is to draw up a national plan of action. [...] The authorities are also reviewing the draft protocol to prevent, suppress and punish trafficking in persons, especially women and children, which would supplement the United Nations Convention against Transnational Organized Crime. (para 29)
Report by the UN Special Rapporteur on trafficking in persons, especially women and children
E/CN.4/2006/62/Add.2
Ms Sigma Huda
Country visit: 1 to 28 February 2005
Report published: 30 November 2005
Issues raised:
Identification of victims: Many argue that the smaller numbers of victims identified is due to a change in the modus operandi of traffickers. It was reported that the exploitation of trafficked women and girls for prostitution moved from public establishments to private apartments and secluded houses. Reportedly, the large-scale raids by IPTF contributed to pushing the phenomenon underground. Traffickers now use more local women and women from Serbia who are in the country legally and often have contracts as waitresses or dancers. Identification of local women is more difficult as all the structures in place were created for the identification of foreigners. Furthermore, now that trafficking in persons is highly criminalized, traffickers have reportedly started to treat trafficked victims better, including providing them with salaries and imposing less restriction of their freedom. In the locations known to the police, this seems to be especially true and women have started to declare that they work voluntarily in the sex industry. Often, however, women who receive salaries are obliged to spend them in the bar to pay for meals and accommodation, or to purchase drugs and condoms sold by the traffickers. They reportedly also have separate lodgings and no longer live in the bars where they work. An increasing number of victims are addicted to drugs or alcohol or are subjected to other forms of control by traffickers. In an environment in which corruption is highly developed, it has also become easy for organized crime to obtain travel documents, residence and work permits and visas, thus making identification and interception more difficult (Paragraph 28).
There is a problem in identifying national victims of trafficking because all the protection measures adopted so far have been only for foreigners. The limitation of the protection measures also make it difficult to identify victims who are exploited for purposes other than sex, for example children trafficked for the purpose of begging (Paragraph 32).
Gender: According to the information received by the Special Rapporteur, in 2002 about 10 per cent of trafficked victims interviewed by STOP teams were girls under 18. In 2003, the percentage reportedly decreased to 5 per cent. However, the Special Rapporteur was informed that the grounds on which the police estimated the ages of the girls without documents or with false documents were not clear or coherent. Furthermore, statistics referred to the ages of victims when they first came into contact with law enforcement or assistance and not at the time they were trafficked. According to the data, the majority of foreign children trafficked for sexual exploitation came from Romania and the majority were girls over 14. Many trafficked children had forged papers so precise identification is very difficult (Paragraph 58).
Juvenile justice: The Special Rapporteur further recommends that police methods for dealing with children living or working in the streets, children in conflict with the law and children who are victims of crime be modernized through greater focus on proactive outreach work, confidence-building measures and cooperation with social services. The Special Rapporteur recommends outreach assistance for children living and working in the streets and members of high-risk groups, as well as the investigation of the involvement of criminal networks in begging. Professionals coming into contact with children living or working in the streets, as well as the general population, should be sensitized to the Roma culture and child protection (Paragraph 94).
Report by the Representative of the Secretary-General on internally displaced persons
Visit undertaken from 13-20 June 2008
Previous visit: 9 to 15 June 2005
Report published: 29 December 2005
Issues raised:
ESC Rights: Displaced persons suffer mainly from problems concerning their economic and social rights (see guiding principles 18 and 19, para. 1). They are disproportionately affected by the general problems of the population. For example, while the whole country struggles to cope with the economic depression resulting from the effects of war and the transition to a market-led economy, IDPs constitute around 45 per cent of the extremely poor in the Federation of Bosnia and Herzegovina, and 21 per cent in the Republika Srpska.18 Within the displaced population, vulnerable groups such as female heads of households, disabled persons, victims of torture and severely traumatized individuals, elderly persons without family support, unaccompanied children and the Roma are again particularly affected and often live under extremely adverse conditions (Paragraph 29).
Psychological impact: Due to achievements with regard to the rate of return, as well as the start of the closure of camps by international agencies and local authorities some years ago, only several hundred IDPs remain in officially recognized collective centres. However, according to official figures, about 7,300 persons still live in irregular collective centres and ad hoc settlements which were originally provided by local authorities as temporary shelter for those displaced by the conflict. Most of these centres, which remain monitored by UNHCR, are located in the Federation of Bosnia and Herzegovina where some receive limited support from the Federation of Bosnia and Herzegovina Ministry of Refugees and Displaced Persons or the cantons and municipalities concerned. The Representative visited some of these unofficial centres and settlements no longer supported by the Government or the international community and noted with concern the abject poverty and deplorable living conditions of IDPs, which are clearly not in accordance with the right to an adequate standard of living as provided for by guiding principle 18. Unofficial settlements inhabited mainly by Roma have no running water and electricity and are not connected to public services such as waste collection. As a consequence of these conditions, the social isolation of the centres and the high percentage of inhabitants suffering from depression and trauma, an increased level of learning and psychological difficulties among children has been documented by UNICEF, affecting especially those children who have been living there for extended periods of up to 10 years (Paragraph 30).
Discrimination and education: Problems in the area of the right to education, such as discrimination and ethnic separation, pose another important obstacle to sustainable return. For years after the war, children attending the same school were separated on the basis of ethnicity, and different curricula with strong nationalist content were taught to different groups. As a result, many families have split, with one parent returning and the children staying with the other in the place of displacement to be able to follow the curriculum corresponding to their ethnicity. In other cases, children have returned with their parents but travel long distances to school. Since the authorities stopped financing the bussing of children to other entities at the end of the 2003/04 school year, some parents organize transportation themselves (Paragraph 46).
Although serious efforts have been made to address discrimination and to develop an egalitarian education system with curricula designed at State level, many challenges remain. In some regions, education is still organized along ethnic lines. For example, some 50 so-called “two schools under one roof”30 located mainly in parts of Herzegovina use the same facilities but are administratively separate and follow different curricula. Children, teachers and non-teaching staff segregated along ethnic lines attend the same school in shifts or use separate entrances and sections. The Representative found that school segregation perpetuates ethnic tensions into the next generation and delays the process of national reconciliation (Paragraph 47).
Efforts addressing these challenges include the 2002 education reform and an “interim agreement on accommodation of specific needs and rights of returnee children” signed in March 2002 between the entity Ministers of Education. As a result, returnee teachers were hired, and a larger number of schools offer to their minority returnee children separate classes on certain subjects such as language and literature, history, geography and religious instruction. Some schools have introduced the common core curriculum agreed upon by the education ministers in August 2003. As a consequence, certain areas recorded an increase in the number of returnee children attending schools in their places of return. Despite these efforts, marginalized groups of children, including IDPs and returnees as well as children with disabilities, face difficulties in accessing schooling. Of the 4-6 per cent of children not attending school at all, the majority are Roma and displaced children (Paragraph 48).
Special Rapporteur on the right to education, Vernor Muñoz
(A/HRC/8/10/Add.4)
Country visit: 24 September to 2 October 2007
Report published: 27 May 2008
II. General View of the Education System - A. National legal framework - 1. Framework Law on Primary and Secondary Education in Bosnia and Herzegovina:
The Framework Law on Primary and Secondary Education was adopted by the State Parliament, on 30 June 2003, as a result of the pressure exerted by the international community, in particular the Council of Europe. The adoption of this law was one of the commitments made by Bosnia and Herzegovina upon its accession to the Council of Europe in 2002. (para 11)
The Law regulates the principles of preschool, elementary and secondary education and enshrines the obligations of education authorities, including those of both entities and the District of Brčko, to ensure educational services under equal conditions for all students. According to the Law, the purpose of education is to contribute to the creation of a society based on the rule of law and respect of human rights through the optimum intellectual, physical and social development of the individual, according to each one’s potential and abilities. Furthermore, it provides that all public primary schools are to have assigned catchment areas from which pupils are drawn. These areas are designed to ensure that all children can attend schools in their neighbourhoods and to curtail the practice of sending children to schools based on ethnic criteria. (para 12)
The Law establishes the principle of compulsory primary education, duration of which will be increased to nine years throughout Bosnia and Herzegovina. (para 13)
The Law also establishes a common core curriculum for all public and private schools. This common core curriculum consists of the curricula and syllabi of all subjects of primary and secondary education that have an agreed common core as broad as possible. According to the Law, common core curriculum should be developed by a temporary ad hoc body whose members are appointed by the 13 ministers for education and the District of Brčko. Such a curriculum should, among other principles, ensure that positive relations and a feeling of commitment to the State of Bosnia and Herzegovina are developed through the educational process. Taking into account the best interest of the student, parents, teachers and the society, it should also ensure the consistency of education standards in all schools and at all levels. Its application should correspond to the developmental needs of all children. The Law also provides that the standards of students’ achievements and assessments are the responsibility of the Standards and Assessment Agency established by the inter-entity agreement of 2000. The various ministers for education adopted the common core curriculum in 2003 and its implementation plan was introduced for the school year 2003/04. However, the curriculum has not been implemented uniformly by the entities, in particular in some cantons in the Federation of Bosnia and Herzegovina. (para 14)
With regard to the management of education institutions, the Law provides that each school should have its own board. The board is mainly responsible for the setting and implementation of school policy. Its members are elected from school staff, school founders, the local community and parents. Its composition must reflect the ethnic, religious and cultural structure of students and parents, school staff and the local community. The director of each public school is appointed by the school board, according to entity and canton laws and school rules. In addition, a parents’ council and a students’ council should also be established. Parents council members are appointed by the parents of students, according to general school acts. Students’ councils are established with the help of the school, according to its rules. (para 15)
2. Law on the Agency for Preschool, Primary and Secondary Education:
In October 2007, the State Parliament adopted the Law on the Agency for Preschool, Primary and Secondary Education. (para 16)
The agency for preschool, primary and secondary education would be in charge of development of common core curricula in preschool, primary and secondary education. It would also be responsible for establishing the standards of knowledge, the assessment of the results achieved, standards for other technical affairs in the field of knowledge standards and education quality assessment. The agency would monitor, evaluate, advance and develop the common core curricula and monitor its implementation. Furthermore, it would provide guidelines for the preparation of training programmes on the application of curricula for teachers and other education experts. It would also provide them with advice on the development and implementation of new syllabi. The agency would therefore centralize the tasks regarding the development of the common core curriculum, as well as the quality standards and assessments in the field of education at the State level. (para 18)
3. Framework Law on Higher Education in Bosnia and Herzegovina:
After long political debate and discussions, the Framework Law on Higher Education was adopted on 30 July 2007. This should be seen as an example of the country’s commitment to carrying out necessary reforms of the education system, in compliance with the fundamental principles and shared values of the Member States of the Council of Europe, as expressed by the Declaration of Ministers for Education adopted in Bologna in 1999. The Law would allow diplomas and academic titles and degrees issued by Bosnian universities to be recognized by all the countries that have signed the declaration. (para 20)
The Special Rapporteur would like to point out that many interlocutors encountered during his visit to Bosnia and Herzegovina, including university authorities, professors and students, expressed their concern at the difficulties in implementing the Law, particularly in the cantons. (para 28)
The Special Rapporteur invites authorities to establish information mechanisms, such as dissemination and sensitization programmes, in order to facilitate the participation of a wide variety of stakeholders, such as students, professors and university authorities, to provide input to the process. (para 30)
The Special Rapporteur welcomes the adoption of the Framework Laws on Primary and Secondary Education in Bosnia and Herzegovina, on the Agency for Preschool, Primary and Secondary Education and on Higher Education in Bosnia and Herzegovina. He also recognizes the efforts made by Bosnian authorities to establish a general framework to reform the education. However, he considers that this is only the beginning of a long process of implementation that, to be successful, will necessitate the full engagement and support of all the relevant authorities, in particular at the local level. (para 31)
B. Enjoyment of the right to education:
The international obligations of States with regard to the enjoyment to the right to education as defined by the Universal Declaration of Human Rights [...] the Convention on the Rights of the Child and other international instruments include the obligation of enabling all children to benefit from education and of making primary education compulsory and free of charge. (para 32)
In order to facilitate the analysis of these obligations, it has been established that the right to education is guided by four principles: availability, accessibility, acceptability and adaptability. (para 33)
1. Availability -
Functioning educational institutions and programmes have to be available in sufficient quantity for all school-age children. (para 34)
Primary education is compulsory for all children in Bosnia and Herzegovina, as established by the Framework Law on Primary and Secondary Education. This provision constitutes a positive step in terms of availability. However, according to data compiled by the ministries of education and non-governmental organizations in 2003, approximately 1,300 children nationwide did not attend school. The Human Development Report /Millennium Development Goals for Bosnia and Herzegovina indicated that, in 2002, literacy rates for people aged 15 and over was 82.3 per cent for women and 96 per cent for men; the percentage left outside primary schools was estimated at 4 per cent. In this regard, the Special Rapporteur expresses his concern regarding the absence of statistics or indicators that would allow adequate and accurate analysis of the situation of the enjoyment of the right to education in Bosnia and Herzegovina. There are no official statistics neither on enrolment, school completion or dropout rates, nor on teacher-student ratio and gender parity, which would reflect the general situation of the country. (para 35)
The Special Rapporteur welcomes initiatives such as the action plan on school enrolment and completion in Bosnia and Herzegovina, adopted by 13 ministries of education of Bosnia and Herzegovina, which requests relevant authorities to ensure regular and systematic collection of data on school enrolment and completion. [...] Furthermore, it is necessary that the country’s public authorities engage in developing and using indicators that can identify the root causes of segregation and discrimination, in a manner that ensure the effectiveness of the policies that guarantee the inclusion of all students. In the process of generating and applying indicators, municipalities also should play a significant role. (para 36)
In addition, there is a gap in the coverage of preschool education. According to unofficial statistics, only 6 per cent of children are covered, while there are hardly any preschool institutions in rural areas. The Special Rapporteur invites education authorities to adopt measures promptly, such as by-laws and rules and regulations, to implement the framework laws on preschool, and on primary and secondary education, which establishes that preschool education should be an integral part of the education system and be regulated in detail through entity, cantonal and District of Brčko legislation. (para 37)
States have to ensure that the necessary investments are made in order to make education available to all children. For instance, it is necessary to provide schools with adequate infrastructure and teachers with competitive salaries. In Bosnia and Herzegovina, the funds for salaries and allowances constitute, on average, over 80 per cent of total resources, which reduces infrastructure investments; other expenses required to ensure adequate teaching conditions, such as equipment and textbooks, account for less than 20 per cent of total resources. Moreover, the allocation of resources is not uniform; it depends on independent and often uncoordinated decisions of the entities and the cantons. (para 38)
The Special Rapporteur believes that improvements should be made to school infrastructure. Students and teachers have complained about the lack of resources and the inadequate studying and teaching conditions. In addition, schools are not equipped according to students’ and teachers’ needs. The equipment in primary and secondary schools is outdated, with no computers or access to information technology. Libraries do not have a sufficient number of books. (para 39)
With regard to the employment conditions of teachers, in spite of the investment of the majority of total education resources in salaries, in some cases they are not even sufficient to pay the consumption basket. The Special Rapporteur welcomes the decisions of a few cantons to establish a teacher rank aimed to improve teachers’ revenues. However, these measures are not generalized and the majority of teachers are still struggling with low salaries. The Special Rapporteur encourages all relevant authorities to devote more resources to the education sector, not only to improve salaries, but also to improve infrastructure conditions in all schools, in both the urban and rural areas. (para 40)
2. Accessibility -
Education institutions and programmes have to be accessible to everyone, without discrimination, which includes economic and physical accessibility. (para 41)
According to the Framework Law on Primary and Secondary Education, primary education is free of charge and every child has the right to benefit from it. Nevertheless, the Special Rapporteur observed that there are economic obstacles in the access to education. Parents are responsible for paying certain fees, such as textbooks, transport to school and meals. The inability of parents to finance their child’s education has been identified as one of the reasons for non-enrolment and non-completion of primary school. Another reason is restricted access to schools for children in remote rural areas. Families living in remote zones are often discouraged from sending their children to school, mainly due to costs of transportation or because of security considerations on the way to school. (para 42)
In addition, over-aged children have to pay very high fees in order to have access to education. (para 43)
The Special Rapporteur has observed that several education authorities have implemented some measures in order to eliminate obstacles in access to education, in particular for vulnerable groups. Moreover, he is aware of the long-term measures to remove financial and administrative barriers to schools envisaged by the action plan on school enrolment and completion adopted by the ministries of education. The plan includes catch-up classes and support for disadvantaged children, as well as procurement of textbooks and meals. (para 44)
The Special Rapporteur calls upon education authorities at all levels to implement promptly the action plan measures and encourages them to act in an articulated and coordinated way, in order to achieve equal access of all children in Bosnia and Herzegovina, in particular to primary school. Major efforts must be made to define a common national policy regarding equal access to education, based on the legal framework that already exists. Disarticulated policies on this matter are generating inequality and are affecting the enjoyment of the right to education of children. (para 45)
3. Acceptability -
Acceptable education means that acceptable teaching methods and contents should be used by States. Education should be relevant, culturally appropriate and of good quality. (para 46)
There is a great discrepancy in the quality of education among schools. For many years, it was due to the absence of strong coordination mechanisms and quality assurance bodies, as well as of adequate legislation that would have set the same quality standards for the whole territory of Bosnia and Herzegovina. The Law on The Agency for Preschool, Primary and Secondary Education provides an appropriate legal framework to overcome this obstacle. The Special Rapporteur notes with satisfaction that, in January 2008, the Council of Ministers of Bosnia and Herzegovina issued a number of decisions referring to the implementation of that law and the necessary harmonization of lower-level legislations. Nevertheless, it is worth mentioning that there is no reference in these decisions to the actual date by which lower-level jurisdictions should harmonize their laws with the Framework Law. (para 47)
Moreover, the Special Rapporteur has observed that there is insufficient investment in teacher training, despite recognition by the authorities that there is a high number of non-qualified teachers. There are no incentives for teachers to acquire teaching qualifications. The Special Rapporteur has been informed of cases where teachers have paid out of their own pockets to receive training. Universities are in charge of teacher training, although there are no clear rules on their role. In addition, there are no adequate channels of communication between universities and the bodies in charge of the elaboration of curricula, the pedagogical institutes. (para 48)
Given the inaction of the State, some non-governmental organizations and the international community are assuming the responsibility for training teachers. The Special Rapporteur would like to recall that it is the obligation of the State to continually improve the material conditions of teaching staff, which includes the obligation of providing them with opportunities for professional development. He therefore invites authorities of Bosnia and Herzegovina to adopt measures that ensure equal access of every teacher to qualification. He also invites authorities to establish clear criteria regarding the role of universities in relation to the training of teaching staff. (para 49)
4. Adaptability -
Education has to be flexible so it can adapt to the needs of changing societies and communities and respond to the needs of students. (para 50)
Currently, human rights education and sexual education are the only cross-cutting topics in the curricula, and taught either in democracy or biology courses. In some schools, non-governmental organizations provide human rights education and sexual education, thus substituting the State, which is responsible for ensuring that the education system is adaptable. (para 51)
The Special Rapporteur believes that it is necessary to include programmes on sexual education and human rights as individual subjects into the curriculum of the Federation of Bosnia and Herzegovina and the Republika Srpska. (para 52)
In addition, he encourages the Government of Bosnia and Herzegovina to implement the plan of action for the first phase of the World Programme for Human Rights Education. (para 53)
III. Most Important Challenges:
During his visit, the Special Rapporteur identified two main issues which affect the enjoyment of the right to education in Bosnia and Herzegovina: the excessive fragmentation and politicization of the education system; and the segregation between ethnic groups and assimilation processes based on ethnic motives. (para 54)
A. Fragmentation and politicization:
There are some initiatives that promote coordination between ministries. Most of them are implemented by the international community, such as the coordination board for the interim agreement on returnee children and the task force on the education of Roma. (para 56)
1. Fragmentation -
[...] (T)he nine-year education provision (article 16.3) is not implemented uniformly in all parts of the country. The Republic of Srpska introduced it before the adoption of the law, at the start of the 2003/4 school year. In the Federation of Bosnia and Herzegovina, the Federal Ministry of Education coordinated the development of this model, as well as a model curriculum for the first grade for the 2004/5 school year. However, when the models were presented to the cantonal ministries of education for their adoption, some of them refused to endorse them. As a result, children in Bosnia and Herzegovina are following different study programmes, depending on the place where they live. In addition, even in those cantons where the nine-year module was adopted, there are different levels of implementation. (para 60)
The Special Rapporteur considers the lack of uniform implementation of the nine-year education a potential impediment for the mobility of pupils and a threat to their freedom of movement. (para 61)
There is a variety of curricula in Bosnia and Herzegovina. Each ministry of education decides which curriculum should be taught in the schools under its jurisdiction. The Framework Law on Primary and Secondary Education attempted to address this situation, with the provisions of a common core curriculum (arts. 42 and 43). The objective was to ensure that students across the country learn a minimum of common elements and to facilitate the mobility of pupils. Nevertheless, as already mentioned, it has not been implemented in all schools of Bosnia and Herzegovina, in spite of its adoption in 2003. (para 62)
With regard to the subjects covered by the common core curriculum, some are the same for all the pupils in Bosnia and Herzegovina, while the remainder vary according to the canton or entity curricula. (para 63)
The Special Rapporteur encourages ethnic group leaders and politicians to actively collaborate with the Agency for Preschool, Primary and Secondary Education to define and implement an ethnically sensitive common-core curriculum. The new curriculum should incorporate an intercultural approach, through which the cultural specificities can be preserved, in conformity with international human rights standards, in particular with article 28 of the Convention on the Rights of the Child. In other words, this curriculum must be objective, not ethnically coloured and should integrate minimum quality standards. (para 66)
Moreover, the provisions of the Framework Law on Primary and Secondary Education on catchment areas are not implemented. According to article 12, all public primary schools should have a catchment area. All students of compulsory school age living within that area have a right to enrol and attend school. Attendance at school is mandatory, unless the student attends a private school or is exempted from attendance as further provided in the Law. (para 67)
The Special Rapporteur has observed that this principle is not being uniformly applied in Bosnia and Herzegovina. One of the main reasons is the inadequate content of curricula. In some areas, parents prefer to send their children to a school outside the catchment area because of the curriculum content. (para 68)
The Special Rapporteur believes that the high level of fragmentation of the education system in Bosnia and Herzegovina constitutes a serious obstacle to the enjoyment of the right to education. It has an important impact on all its components: availability, accessibility, acceptability and adaptability. (para 69)
2. Politicization -
Education in Boznia and Herzegovina is widely perceived as a political tool; in practice, the school becomes a sort of “cold war” zone where students become victims of the bitterness and stereotypes projected by adults. (para 72)
B. Discrimination:
With regard to the right to education, the specific issue of equal rights in education is addressed in different human rights instruments, such as the [...] Convention on the Rights of the Child. (para 85)
As stated above, education institutions must be available and accessible to everyone, without discrimination. Furthermore, education must be acceptable and adaptable, responding to the needs of students in their diverse social and cultural settings. (para 86)
Although the Special Rapporteur acknowledges the right of parents to ensure that the religious and moral education of their children is in accordance with their own convictions, as stipulated in article 13 (3) of the International Covenant on Economic, Social and Cultural Rights, he notes that the precise content of this provision is disputed worldwide. However, the Special Rapporteur notes with concern the increasing influence of religious leaders and communities on education and curricula. He is particularly concerned by a recent initiative aimed at introducing religious education in preschool institutions in Sarajevo and Tuzla canton. Most experts would agree that such a subject should not be taught until students are older. This initiative could increase the potential for further divisions based on religion and for subsequent discrimination. (para 88)
1. Assimilation -
Major problems arose when people started coming back to their homes that had been “ethnically cleansed” during the war. The domination of majority groups over minorities was to a large extent reflected in education policies. Some children from majority groups were openly hostile towards children from minority groups, the latter ones having access only to education that suited the needs of children belonging to the majority community. (para 90)
The Special Rapporteur observed that, in some areas, children belonging to a different ethnic group than the majority faced a lack of educational structures suited to their specific cultural needs. This was true for all ethnic groups, including Bosniaks, Serbs and Croats, depending on the area they are located. However, he observed that this phenomenon predominates in the Republic of Srpska. (para 91)
The Special Rapporteur calls upon federal, entity and cantonal authorities to offer all children, regardless of their ethnic origin, an acceptable and adaptable education in particular concerning the so-called national subjects: language, literature, history, geography, nature and society and religious instruction. It is unacceptable that children belonging to a minority in a specific area of the country are compelled to follow a curriculum that does not respect their cultural specificities. (para 92)
2. Segregation -
“Two schools under one roof” is a phenomenon that emerged after the war and has existed ever since. This practice sees children of different ethnicities attend the same school but are taught different curricula and at separate times. Children do not even meet during breaks and teachers use separate teachers’ rooms. The same also applies to the school administration. (para 93)
The Special Rapporteur notes with regret that, although there was no segregation at schools before the war, some political authorities erroneously find that such separation is unavoidable. Many argue that each child must learn in his or her mother tongue. They affirm this even though, according to a citizen opinion survey conducted in 2006, 90 per cent of respondents believed that, in Bosnia and Herzegovina, there were three languages with minor differences (44 per cent), or “who cares, as long as we all understand each other” (46 per cent). Only 8 per cent stated that the three languages were significantly different. Although respect for diversity and multi-ethnicity is formally supported by the majority of relevant authorities, the presence of 54 “two schools under one roof” in the country indicates otherwise. (para 94)
Even though Bosnia and Herzegovina was, and still is, under great political pressure from different international forums to solve the problem of “two schools under one roof”, it has still not identified measures to do it in an effective and sustainable manner. (para 95)
Furthermore, the Special Rapporteur believes that, if students are neither given opportunities nor encouraged to build strong networks of friendship, tolerance and mutual respect as a basis of the educational process, the country risks failing to build a peaceful and developed society. (para 97)
The situation, however, differs from one canton to another and some progress has been made. For example, in Mostar, a secondary school decided to merge both Bosniak and Croat school administrations into one legal entity. In that school, Bosniak and Croat children learn some subjects in the same classroom. The Special Rapporteur observed that students in the school had no objections to studying together with persons belonging to a different ethnic group and were open to going further in the ethnic integration process. The Special Rapporteur acknowledges that this is far from being a model of successful multi-ethnicity, but believes that it is a step in the right direction. (para 98)
3. Minorities -
With regard to the Roma population, an action plan on the education needs of Roma and members of other national minorities in Bosnia and Herzegovina was adopted in 2004. Its goals included the removal of financial and administrative barriers to Roma school enrolment and completion, the participation of Roma parents and communities in the education process, increasing Roma teaching staff and sensitizing non-Roma teaching staff to the needs of Roma students. (para 101)
The Special Rapporteur welcomes these initiatives. Nevertheless, he is concerned that they may remain on paper without measures taken to ensure their practical implementation. He is particularly concerned by the lack of access to education for a large number of Roma children because of the absence of identity documents. (para 102)
The Special Rapporteur encourages Bosnia and Herzegovina to implement expeditiously the recommendations made by the Committee on the Rights of the Child regarding discrimination suffered by minority children in Bosnia and Herzegovina, that the State Party strengthen its administrative and judicial measures to prevent and eliminate de facto discrimination against children, in particular, Roma children and children belonging to ethnic and/or religious minorities and other nationalities. (para 103)
IV. Recommendations:
The Special Rapporteur recommends that the central Government, entity and cantonal authorities:
(a) Implement the first stage of the World Programme for Human Rights Education, approved by the General Assembly;
(b) Define a comprehensive policy that involves education authorities at all levels on equal access to primary education. This policy must define the responsibilities of each education authority, at the national, entity, cantonal and municipality levels, as well as the concrete measures that should be adopted by each of them;
(c) Adopt effective measures to promptly harmonize lower-level legislation with the different framework laws on education. These measures should include operational guidelines addressed to all actors involved in the educative process, in order to facilitate the task of implementation;
(d) Develop a plan of action to abolish the educational modalities and processes based on assimilation and segregation, especially those known as “two schools under one roof”;
(e) Establish a national programme for the development and application of education indicators in close cooperation with State bodies and entities, cantons and municipalities. These indicators should guide public policies regarding education and determine the factors that form the basis of discrimination, segregation and assimilation;
(f) Invest more resources in infrastructure for education, including that for primary, secondary and tertiary education;
(g) Provide support for schools through financial means and expert support, for the implementation of the framework laws;
(h) Establish a national programme for training professional staff in the education system, which should be based on intercultural education;
(i) Provide support for teachers, through professional development, for the implementation of the framework laws. (para 104)
Universities responsible for teacher training should include in their study programmes intercultural education and improvement of practical programmes in teacher training curricula. Universities should evaluate the possibility of including teaching practices in the syllabus of programmes aimed at instructing teachers. (para 105)
The Special Rapporteur recommends that the international community, donor countries and institutions:
• Support the implementation of the Agency for Preschool, Primary and Secondary Education, as well as teacher training programmes, by funding and by building capacities, including technical assistance
• Offer technical and financial assistance for the development of a plan of action to abolish the educational modalities and processes based on assimilation and segregation, especially those known as “two schools under one roof”. (para 106)
The Special Rapporteur recommends that civil society organizations strengthen and expand networks of activists working on the right to education, in order to allow progress in awareness raising and sensitivity to current needs of the right to education. (para 107)
Students should establish a national independent organization for the defence, protection and promotion of their rights. (para 108)
Organizations and trade unions should get involved in the education reform process and the fight against all forms and types of discrimination in schools, including segregation and assimilation practices. (para 109)
Report by the UN Working Group on Enforced or Involuntary Disappearances
Press release, 21 June 2010
No relevant references found.
Report by the Independent Expert on minority issues, Rita Izsák
A/HRC/22/49/Add.13
Report published: 31 December 2012
Country visit: 17–25 September 2012
Census: In 2007, a United Nations Development Programme (UNDP) report stated that 22 per cent of the populace experienced some form of extreme exclusion and 47 per cent were at risk of long-term social exclusion. Groups such as minority returnees, Roma, the elderly, youth, children, and people with disabilities were not only at the highest risk of income poverty and unemployment, but also had far more difficulty gaining access to public services and participating in political life. While recent data on social inclusion is scarce, NGOs consulted noted that the situation of social exclusion of certain groups, including Roma and returnees, has not markedly improved (para 24).
Roma children registration: Many Roma children have not been registered due to factors such as home births and lack of information (para 38).
Many Roma, including children, continue to lack the documentation they require to fully enjoy their rights as citizens and to benefit from services and social assistance. Full registration should be a high priority of authorities at all levels and existing measures should be intensified. Registration should not entail prohibitive costs or restrictive administrative burdens. Positive practices such as outreach to communities and mobile registration units should be utilized and the full registration of children should be a high priority (para 93).
Education for Roma children: Access to quality education remains a significant concern for Roma. Despite education being key for Roma inclusion, the Action Plan on the Education Needs of Roma was finalized and adopted only in 2010. Its objective is to provide Roma with equal access to quality education at all levels. Evidence indicates that Roma access to education is uneven, with some localities achieving higher enrolment and retention rates and others demonstrating very little Roma inclusion in education. Information provided by UNICEF reveals that enrolment rates for Roma are comparatively low: only 2 per cent at preschool level, compared to 13 per cent for non-Roma; 69 per cent at primary school level, compared to 98 per cent for non-Roma; and only 23 per cent at secondary school level, compared to 92 per cent for non-Roma. Roma representatives commonly expressed concern about high drop-out rates from primary and secondary schools. Roma representatives in Kakanj noted that in 2010/11 a total of 146 Roma children were in school. In 2012 the total was 104; much of the decrease was due to drop-out. Attendance in secondary schools is particularly poor for Roma. In 2011, 11 children were in secondary school, while in 2012 the figure had dropped to only 3, according to community representatives (paras 39, 40).
Government and school representatives acknowledged challenges and deficiencies on the part of authorities to ensure that Roma children attend school according to legal requirements. However they emphasized that problems also stem from within communities themselves, traditional practices such as early marriage, and a lack of importance being attributed to education, especially for Roma girls. UNICEF surveys have found the incidence of early marriage of Roma girls to be 48 per cent. Roma in Banja Luka described more positive experiences in education, reporting that most children attend school and that the high drop-out levels common in other localities are not the case for their community. They described good cooperation with school principals, who call parents when a child does not attend school. They noted efforts to promote the value of education within the community. Nevertheless, few people in the community work and it was acknowledged that improved educational outcomes are not yet leading to improved opportunities for formal employment (paras 42, 43).
Some positive examples in enrolment and attendance of Roma children provide evidence that progress is possible where dedicated attention and targeted policies and programmes are in place. However, these positive examples are in marked contrast to the experiences in some other localities. Roma representatives and international bodies informed the Independent Expert that in some localities, including Bijeljina and Mostar, attempts to increase Roma school attendance have largely failed and levels are extremely low (para 44).
Roma children are likely to be more motivated to attend class if they have Roma teachers and assistants, but a lack of Roma teachers has been identified and is indicative of a wider problem that negatively affects Roma education. Roma lack opportunities to learn or receive instruction in Romani languages. For example, staff at the Fifth Primary School in Brčko District, which has an ethnic mix of teachers, reported that although their pupils included 54 Roma children, no Roma teacher had been found for the school. School staff noted that a further 36 Roma children had dropped out. In Banja Luka, Roma requested a Romani language teacher and received a positive response, however no teacher could be identified (para 45).
Additional concerns require investigation by competent authorities. Roma are disproportionately represented in schools for children with special educational needs. Some Roma parents reportedly place their children in these schools not on the basis of identified learning disability, but rather on the basis of social factors, perceiving them to offer a more welcoming environment as more Roma children attend. Allegations were also made that some mainstream schools enrol Roma children as required but fail to provide them with the levels of teaching and attention provided to other children (para 46).
The revised action plan for Roma education was adopted only in 2010 and therefore key issues of education have not yet received the attention required. Urgent and dedicated attention is required to improve access to education and education outcomes for all Roma children, including outreach to Roma communities and schools and enforcement of national law relating to attendance. The situation of low enrolment of Roma girls requires measures to address the unique barriers to girls’ education, including those that stem from within communities (para 94).
Integrated State education in which children from different ethnic and religious groups attend the same school and classes and learn and interact together should be the ultimate objective. The possibility of integration is frequently framed as an insurmountable legal, political and practical challenge. A successful process of educational reform may best be achieved via evolutionary rather than revolutionary means, however it must be set in motion without delay (para 100).
Unemployment of Roma people: Community representatives explained the difficulties that Roma face in finding employment, citing widespread discrimination as well as poor education. The Independent Expert was concerned that communities seemed resigned to unemployment as a fact of life, which has many implications, including for children, who lack working role models and see little advantage to remaining in school. In some communities, almost no one has formal employment; there, families survive on social support and what little they can earn in informal low-income occupations (para 48).
Some Roma receive social assistance; however, such assistance is reliant on inclusion in the civil registry. Since many Roma are not registered they are not eligible for social assistance and do not appear on employment agency lists; this also has implications for access to health-care assistance. While the country spends significant funds on social protection generally, funds often do not reach the poorest communities, notably Roma. Also, the level of child protection differs from canton to canton (para 51).
Health in the Roma community: The NGOs appointed to monitor implementation of the action plans report that, with the exception of measures to improve immunization of Roma children and some programmes to respond to specific local issues, the planned activities of the Roma Health- Care Action Plan ―have unfortunately not been realized (para 53).
The NGOs also raised concerns relating to the accuracy of reports by health-care agencies on the implementation of this Action Plan, which cast doubt on their validity. While reported expenditure on activities countrywide was KM 135,000, most was apparently spent on immunization programmes for Roma children. The NGOs note that immunization should be free for all children in Bosnia and Herzegovina and falls under the responsibility and budget of ministries of health. Therefore, funds under the Action Plan should have been used for other health-related purposes and initiatives for Roma communities (para 54).
Housing: Some Roma experience highly precarious housing conditions. In a settlement near Čapljina, about 35 Roma, including children, live in unhealthy conditions next to a garbage dump without access to basic services, sanitation and electricity. In April 2012 UNHCR expressed its concern regarding this community. Despite official requests to the municipality for the allocation of public land for families whose situation had been identified as urgent, the issue had reportedly not been discussed by the authorities. At the time of the Independent Expert‘s visit the families were still living at the site (para 63).
Education issues of national minorities and returnee communities: Education remains a concern for some returnee communities, and language issues featured as a source of frustration. In the Bosniak community of Kotor Varos a high percentage of children in the local school are Bosniak, but they are taught in Serbian based on a Serbian curriculum. Community members stated that Bosniaks could not get jobs at the school. Following written requests to the school principal and the Ministry of Education requesting Bosniak language teaching, they were informed that it would not be possible. Serb returnees in Ortijes and Laksevine noted that their children follow a Croatian curriculum but that teachers were sensitive to their issues and needs. The Independent Expert visited the Mostar Grammar School or ―Gymnasium‖, which, while operating as two schools under one roof for Bosniak and Croat pupils, has made steps towards integration while remaining largely segregated in practice. Progress in this school has included its unification into one legal entity, with a single administrative structure and pupils who attend some classes together. The school principal highlighted that separate Bosniak and Croat curricula hamper unification efforts, but that political rather than pedagogical or language factors present the greatest challenges to full integration (para 74, 76).
Religious education is taught in public schools, but often covers only the majority religion of the municipality. Despite legal requirements linked to student numbers, religious minorities frequently do not have the option to attend classes in their own religion due to a lack of teachers or failure to apply the law. Few provisions, such as the recruitment of additional religious teachers, have been implemented in the Federation or the Republika Srpska. While religious education classes are theoretically optional, children who do not attend such classes because they belong to a different faith or no faith are penalized academically; consequently, there is a discriminatory impact (para 77).
Special Rapporteur on violence against women, its causes and consequences, Rashida Manjoo
(A/HRC/23/49/Add.3)
Country visit: 28 October to 6 November 2012
Report published: 4 June 2013
II. The economic and political context and its implications for women:
In terms of access to education, in 2007 the percentage of women with no school education was 17 per cent compared to a 6 per cent rate for men. In the cultural context of Bosnia and Herzegovina, women are generally portrayed vis-à-vis their relations to men, that is, as mothers, wives, sisters or intimate partners, but rarely as businesswomen, intellectuals or leaders. This is reportedly evident in school textbooks, literature, and media throughout the country. Women are socialized from an early age into socially imposed roles and expectations, and often face judgment or ridicule when not adhering to them. (para 12)
III. Main manifestations of violence against women - A. Domestic violence:
Domestic violence is in many cases linked to the legacy of war, and women and men suffering from Post-Traumatic Stress Disorder (PTSD), and other war-related mental health problems. Factors such as inadequate living conditions, unemployment, financial insecurity, stress, mental diseases, and drug or alcohol addiction, are coupled with a patriarchal understanding of the relationships between men and women. [...] Some argue that Bosnia and Herzegovina has a traditional society that until recently turned a blind eye to what happens in families. However, as the consequences of family violence permeated into the communities, resulting in increased levels of juvenile delinquency and aggressive behaviour, there has been a shift in acknowledging domestic violence as a public issue. (para 16)
Children were often used to exert psychological violence, with 47.5 per cent of the respondents being threatened with having their children taken away. (para 17)
B. Wartime sexual violence:
Throughout the 1992-1995 war, thousands of women and girls experienced rape and other forms of sexual violence. While some women experienced isolated experiences of rape, others were raped systematically and repeatedly, sometimes while being held as sex slaves in detention centres. Despite the progress made through the International Criminal Tribunal for the former Yugoslavia (ICTY) in recognizing rape as a crime against humanity, prosecuting cases, and developing jurisprudence in this regard, there has been very little progress in providing effective remedies to women survivors, with many perpetrators remaining unpunished and women still struggling to rebuild their lives. (para 22)
Many women have only recently started speaking out and service providers continue to meet victims who have remained silent for 18 or 20 years. According to these interviewees, until a few years ago this subject was still taboo. Women keep silent out of fear of their perpetrators, fear of disclosing their experiences to their husbands, their children and other family, and fear of social stigmatization [...]. (para 25)
A recurrent concern was the inability of these women to provide adequately for their families. Expenses such as rent, medication, and utilities result in very little money left for food and other basic necessities, despite some support provided by the Government. The lack of housing is still one of the main problems encountered. Unemployment has not only limited the working opportunities for these women, but also for their children, many of whom have now graduated from school but are unemployed and unable to support their mothers. (para 26)
IV. Legislative framework - C. Sexual violence:
The Criminal Codes at entity level do codify rape as an isolated offence, not necessarily linked to conflict. These codes also include specific provisions regarding rape against “helpless persons”, and children. However, the definitions included establish the condition of force or threat of immediate attack, to recognize a sexual act as non- consensual. None of these codes includes specific references to marital rape. (para 44)
VI. Main challenges - A. Prevention of domestic violence and protection of victims:
Most CSWs are staffed by social workers, at least one psychologist and a lawyer working on all cases received, including domestic violence cases. In the CSW in Sarajevo, the first point of contact is a psychologist who conducts a risk assessment of victims and any accompanying children. (para 68)
CSWs also facilitate family visits in cases in which women flee their homes without their children, and where perpetrators do not allow victims to have contact with them. In such cases, CSWs will “invite” the father to discuss the issue, and explain the rights of the mother. However, if he is uncooperative, no action seems to be taken to assist the mother to enforce her custodial and/or visitation rights. In these cases, CSWs will advise the mother on the legal steps for filing for divorce and acquiring custody of children, but children will not be removed from the perpetrator’s custody. This may amount to neglecting the best interests of the child. (para 71)
It was made clear that if a perpetrator is violent towards a woman, but not towards her children, he may still be deemed capable of caring for them and CSWs will actually promote and facilitate continued contact. While most CSWs argued that children are interviewed and that risk assessments are undertaken, this practice still has devastating consequences. It devalues the suffering of the battered victim, as well as the negative consequences that witnessing domestic violence might have had on the children. It was unclear whether CSWs have the skills to conduct effective risk assessment when they have an overwhelming focus on family unification. (para 72)
The Special Rapporteur heard the case of a woman who was in a shelter for six months with her four children. Since the home in which her family lived belonged to her mother, she was required to provide her abusive husband with alternative accommodation. As she could not afford this, she had to stay in a shelter while the perpetrator stayed in her home. In order to solve the problem, she needed to wait for the divorce procedures to be finalized. She had been waiting for this for over a year. In this case, the CSW had decided the abusive husband could use one of the rooms in the house while the divorce process was finalized. This lack of focus on victim safety by State authorities was a recurrent complaint made by interviewees. (para 74)
B. Investigation and punishment of domestic violence cases:
As regards prosecution, lesser charges are commonly brought for domestic violence even when the acts involved could qualify as aggravated forms of violence due to the use of weapons, the abuse of children, or for causing grievous bodily harm. (para 83)
Special Rapporteur in the field of cultural rights, Farida Shaheed
(A/HRC/25/49/Add.1)
Country visit: 13 to 24 May 2013
Report published: 3 March 2014
II. General context: legacies of the conflict and impact on cultural rights - C. Over-emphasis on ethnic, linguistic and religious affiliations:
The hierarchy established between constituent peoples and others is not compatible with human rights standards, including in particular the principle of non-discrimination. As noted by the European Commission against Racism and Intolerance, the emphasis placed in law and in practice on ensuring the full enjoyment of rights by persons belonging to one of the constituent peoples has placed all others at a serious disadvantage. This includes not only the recognized national minorities but also those not desiring to identify themselves with any single constituent people or national minority, such as children of mixed descent or those self-identifying as Bosnians. (para 21)
This is even more worrisome in the case of language. Each population speaks a separate although closely related language: Bosnian, Croatian or Serbian. These languages are mutually intelligible in most respects; indeed, before the war, they were collectively categorized as Serbo-Croatian. Serbian uses Cyrillic, one of two official alphabets. The insistence today by many actors on emphasizing and reinforcing the differences between these three languages, coupled with rhetoric on the right of each person to learn his or her mother tongue, is used to justify a segregated school system. (para 23)
One positive trend, however, is that people have asked the judicial system to step in, for example regarding the “two-schools-one-roof” system. Unfortunately, these court decisions remain unimplemented. (para 24)
IV. Realizing cultural rights in Bosnia and Herzegovina: specific issues - A. A segregated school system:
A number of international and European human rights mechanisms have expressed deep concern regarding the segregated school system established in Bosnia and Herzegovina, operating through both the “two-schools-under-one-roof” system and mono-ethnic schools. The issue, therefore, is not new, and the authorities are fully aware of its depth. No reform has, however, been possible, owing to the inability of the fragmented governmental system to take action, the politicization of education issues and the mistrust between communities. The over-emphasizing of cultural differences, including linguistic differences, is used to justify practices that enforce the segregation of students based on ethno-national affiliation. The Special Rapporteur stresses that this is a serious misinterpretation of cultural rights, which must not be used under any circumstances to justify segregation policies. (para 37)
1. Two-schools-under-one-roof system -
The Special Rapporteur is concerned at the two-schools-under-one-roof system, by which children from different ethnic groups attend classes in the same building but are taught in segregated sections, have different curricula and rarely mix within the school environment. Institutional arrangements render it virtually impossible for pupils to interact, even in the playground. The schools have separate administrative bodies, school boards, parents’ and student councils, as well as student clubs, for such activities as sports or theatre. This system operates in 54 schools in three cantons of the Federation of Bosnia Herzegovina, in municipalities with mixed Bosniak/Croat population. Sixteen have now been administratively unified under pressure from the international community. (para 38)
Many of these schools were formed to accommodate returnee children in school buildings catering to the dominant ethnic group of the area in the wake of the reconfiguration of population demographics caused by the conflict. Conceived of as a bridging step, the schools became cemented and are now justified by some as a means to protect the right of children to learn in their mother tongue. (para 39)
Some initiatives have been undertaken to suppress the two-schools-under-one-roof system. In 2010, the Federation Parliament of invited the cantonal ministries of education to take the measures necessary to bring the system to an end before the beginning of the new school year, but was unsuccessful. In April 2012, the Mostar Municipal Court ruled that the two-schools-under-one-roof system operating in the towns of Stolac and Čapljina was illegal and discriminatory. It ordered the Education Ministry of the Herzegovina – Neretva canton to end the practice by the start of the new school year. The judgement is yet to be implemented. In August 2012, the Ministry of Education of the Federation of Bosnia and Herzegovina outlined a two-year plan to end segregation, although strong political resistance at the local levels is likely to hamper progress. (para 40)
The Ministry of Education of the Herzegovina – Neretva Canton explained to the Special Rapporteur that municipal councils resisted implementing the ruling, but that efforts were being made at the cantonal level to move forward. The Special Rapporteur also met the Mayor of Stolac, and agreed with him that the two-schools-under-one-roof system was often used as the symbol of the country’s segregated educational system, although mono-national/ethnic schools, which are equally problematic, are far more numerous [...]. (para 41)
The two-schools-under-one-roof system exemplifies how divisions between children based on their national or ethnic affiliation become entrenched by establishing different entrances and staircases, erecting walls and fences, and even scheduling a 15-minute gap at recess and the start and end of school. It is disturbing to see how those schools deliberately seek to prevent any kind of interaction between children. Multiplying joint activities and integrating these schools should be easy to organize; all that is lacking, clearly, is political will. Reforming the system should pave the way for broader reforms to address the mono-national/ethnic schools system throughout the country. In the Stolac school she visited, the Special Rapporteur met the directors of both the Bosnian and the Croat wings, and felt the necessity of building trust among the various communities through joint activities. She was pleased to note in this regard the joint drawing exhibit organized at the time of her visit by the directors, who were considering further joint activities, as well as a joint “peace garden” being created by the two student bodies. These are small but important steps in the right direction. (para 42)
2. Mono-national/ethnic school system -
Fewer than 6 per cent of all pupils are enrolled in the two-schools-under-one-roof system, the vast majority being educated in mono-national/ethnic schools in both the Federation and Republika Srpska. Curricula, school environments and practices throughout the country ensure that schools cater largely or solely for the ethnic majority in municipalities, with parents forced to choose between having their children face assimilation in the local school or enrolling them in a distant school with a different ethnic majority. This is of great concern to the Special Rapporteur, as children in these schools are denied opportunities to meet children of a different ethnic/linguistic background. It also means that children with a culturally diverse heritage only have access to one part of their cultural heritage. (para 43)
This separation touches not only general education schools but also, for example, medical and engineering schools, as in Mostar, where the Special Rapporteur was informed of the planned merger of secondary schools of music, which would be an excellent initiative. (para 44)
The right of pupils to learn in their mother tongue and the right of parents to choose their child’s school are often advanced in defence of the current segregated education system, be it through the two-schools-under-one-roof school or mono-national/ethnic schools. The Special Rapporteur notes, however, that the implementation of such rights is not dependent on establishing a segregated school system, as evident in many other countries. Furthermore, the choice of parents cannot be real in a situation where options are limited to either a mono-national/ethnic school of their own affiliation or a mono-national/ethnic school of others’ affiliation. In practice, this discriminates against parents wishing their children to enjoy a pluralistic culture. (para 45)
The Special Rapporteur is disconcerted by the fact that some neighbouring countries of Bosnia and Herzegovina support mono-national/ethnic schools (for people sharing their own national/ethnic affiliation) or support one side of a two-schools-one-roof school, leading to striking discrepancies either between mono-national/ethnic schools or between the two wings of a two-schools-under-one-roof school. (para 46)
3. Integrated schools -
During her visit, the Special Rapporteur learned of efforts to establish integrated schools. She visited the First Gymnasium of Sarajevo, where classes are offered in the three languages of the constituent peoples. She also visited the Gymnasium of Mostar, which was re-organized as a joint reintegrated school in 2004. These remain isolated examples, while the Special Rapporteur was informed that many more students would like to attend such gymnasiums. (para 47)
Unfortunately, to date (in particular in the case of the Gymnasium of Mostar, which the Special Rapporteur had more time to study), integration is minimal: only one class is held in common (information technologies, owing to the strong demand by the company from Japan that offered the computers), while all other subjects remain divided between the Bosnian and Croat curriculum, including, for example, mathematics. In general, pupils from west Mostar choose the Croat curriculum, while pupils from the east select the Bosnian curriculum. According to interlocutors, nothing more can be done by the city and school, since cantonal and pedagogical decisions regarding curriculum content must be followed. A common curriculum simply does not exist, including in the said integrated schools. Hence, further efforts are completely blocked owing to the operative political and administrative environment. (para 48)
Nevertheless, joint extracurricular activities such as sports have started, and administrative bodies, such as teachers’, parents’ and students’ councils, have been integrated, easing interaction and the organization of joint activities like competitions. Still, pupils reported a lack of connectedness across communities and expressed their desire for enhanced joint activities. Teachers organize theatre clubs separately, without sharing information with students from other communities on how to join. In addition, organizational arrangements obstruct interaction: there is no cafeteria, so shared meals are not possible. Pupils from the primary school attend in the morning, while pupils in the secondary attend in the afternoon. It is interesting to note, in contrast, that students themselves have organized initiatives outside of the school to interact, for example bridge-building events outside their school premises and on the Mostar bridge. The Special Rapporteur recommends that they receive robust support for such activities. (para 49)
The system put in place in Brčko is often presented as a good model of integrated schools, where the pupils from different communities attend school together and mainly receive instruction in their own languages in the same classroom. According to the Education Law of Brčko District, “the Bosnian, Croatian and Serbian languages, and the Latin and Cyrillic alphabets, shall be used in equal terms in the realization of curricula and facultative activities in primary and secondary schools” (art. 9). The law stipulates that students have the freedom to express themselves in their own language, and that school documents are to be issued in the language and alphabet requested by a student or parent. In class, only the blackboard is divided, enabling teachers to use both the Latin and Cyrillic scripts and to show the differences existing between the various languages. (para 50)
B. Common core curriculum:
Separated classes facilitate, and are seemingly aimed at, teaching a non-harmonized curriculum and various narratives, in particular related to ”national groups of subjects” – language and literature, nature and society, religious instruction, geography and history. (para 51)
For more than a decade, many steps, supported by the international community, have been taken to develop a common core curriculum to reduce differences of perspectives among students and to promote mutual knowledge and understanding. In 2003, the State Framework Law on Primary and Secondary Education provided for the development of a common core curriculum for all public and private schools, consisting of “the curricula and syllabi of all subjects of primary and general secondary education in Bosnia and Herzegovina that have as broad an agreed common core as possible” (art. 42). All Ministers for Education pledged to introduce the common core curriculum under their jurisdiction in the 2003/04 school year. (para 52)
Unfortunately, an assessment widely shared in the country is that the reform did not bring about significant progress. The main curricula currently used in Bosnia and Herzegovina reportedly retain a strong ethnic slant, primarily in the “national groups of subjects”. (para 53)
One obstacle frequently mentioned by interlocutors was the deep system-wide politicization of education. The perspective of stakeholders with regard to the education system is quite worrying; they consider that most people on school boards are politicians, view school boards as an extended arm of political parties, and believe that school funding is based on political affiliation. Municipalities appoint school boards, which in turn appoint school directors, who then hire teachers. An issue requiring attention is the fate and prospects of teachers who may become redundant and risk losing their jobs following curriculum harmonization and the reunification of the school system, bearing in mind also decreasing population growth. (para 54)
During her visit, the Special Rapporteur met representatives of a national network of student councils demanding a uniform school system. She also had the opportunity to attend a demonstration of high school students, organized in Sarajevo with the support of the Youth Communication Club, which links around 292 student councils across the country. Demonstrators asked the ministries of education many questions, including regarding when a harmonized curriculum would be available for all schools in the country. (para 55)
The High Representative for Bosnia and Herzegovina also reported that the start of the school year in September 2013 was accompanied by disputes over the curricula being used in a number of schools in Republika Srpska where there had been a significant number of Bosniak returnees. Parents and pupils boycotted classes at a number of schools. The High Representative stressed that “the problem underlying the protests is not unique to Republika Srpska. It reveals the failure of the competent authorities in Bosnia and Herzegovina in the past 11 years to find a permanent, countrywide solution, which would guarantee children’s equal rights to education”. (para 56)
Although the common core curriculum is better developed in Brčko, culture, language and history remain highly sensitive issues; officials there reported that they exercised caution “to preserve the different characteristics of groups, while bringing them round to universal values”. Classes are separated only for language and religion. Language classes, which are separated starting from the sixth grade, study national authors, including those from other constituent peoples. The Brčko District authorities do not view their system as ideal, and are making efforts to improve it. Teachers confirmed that progress in integration was not satisfactory. (para 57)
Differences in the curricula seem to create a general feeling in the community that children are being educated to become “little ethnic soldiers”. Many interlocutors opined that children of “the other community” were being raised “as enemies”. The Special Rapporteur believes, however, that a thorough study may be necessary to assess the extent to which this is the case. (para 58)
C. The teaching and writing of history:
According to various observers, in Bosnia and Herzegovina, “the different perspectives of history that the pupils are taught in schools seem to generate more divisions and ethnic discrimination. Although there has been progress in eliminating explicit hate speech from history and geography textbooks, significant differences in history teaching still exist and cause serious concern.” (para 59)
During and following the 1992-1995 war, school curricula were divided into three different and often conflicting versions of history. Immediately after the war, teams of international experts reviewed all textbooks in order to delete references considered to be offensive. The exercise was not without problems. Text correction entailed deleting or blackening out entire sentences, including, for example, references to “genocide” and “aggression” in the textbooks used in the Federation, without, however, proposing any alternative language to describe traumatic events. (para 60)
In April 2005, all Ministries of Education, with the strong support of OSCE and the Council of Europe, adopted a set of guidelines for writing and evaluating history textbooks for primary and secondary schools in Bosnia and Herzegovina [...]. The guidelines are considered a huge step towards the elaboration of scientifically based and objective textbooks that apply the principle of the multi-perspective, thereby enabling children to learn tolerance and encouraging the development of critical thinking. A new and substantially improved generation of textbooks has now been published in accordance with the guidelines. Furthermore, a teacher’s manual on contemporary history teaching in schools was developed, published and distributed to schools. (para 61)
Nevertheless, it appears that history textbooks still feature a national/ethnic bias. A comprehensive study conducted to analyse history textbooks published in 2007/08 demonstrated that all Croatian-language history textbooks for the primary school curriculum presented history as the history of Croats; all history textbooks for the primary school curriculum in Republika Srpska predominantly presented history as the history of Serbs; and some (but not all) history textbooks under the framework curriculum for the compulsory nine years of primary education in the Federation of Bosnia and Herzegovina presented history as predominantly the history of Bosniaks. (para 62)
Teaching about the 1992-1995 war remains one of the most problematic areas for history teachers in Bosnia and Herzegovina today. It is still a sensitive, highly politicized issue; indeed, some history textbooks make no reference to it at all. When references are included, they are mostly one-sided or manipulated to create segregated identities. Many interlocutors, including teachers, stressed that they still try to avoid addressing the war. (para 63)
Textbook policies vary between the entities. In Republika Srpska, a single textbook per grade is published and approved, even though the Special Rapporteur was assured that modern textbooks together with additional material are made available to students to develop their critical thinking. She was also informed that, since 2007, vocational schools too have been working with a new generation of textbooks that address history from diverse perspectives and are drafted by authors of various nationalities. In Republika Srpska, the only publishing and printing company, created in 1993 and owned by the Government, has the monopoly of the textbooks market. (para 64)
In the Federation of Bosnia and Herzegovina, three textbooks are officially approved for each grade. Textbooks can be chosen by individual teachers, in consultation with colleagues, or the decision may be made for them at a higher level, namely, by the Pedagogical Institute or the Ministry of Education. The Special Rapporteur was informed during her visit, however, of a recent decision to accredit only one history textbook, which would introduce a multi-perspective approach, starting from the eighth grade, although cantons with a Croat majority have shown resistance. (para 65)
The Special Rapporteur does not believe that having a single history textbook for each grade in each entity is a good step; she recommends that several good quality textbooks be offered instead. As explained in her thematic report on the writing and teaching of history (A/68/296), a multi-perspective approach can ensure that every event is shown, by way of historical sources, from the perspective of others. In particular, when the historiography of each group provides a very different viewpoint and is closely linked to a political agenda, publishing the historical sources and supplementary teaching material is a reasonable way of presenting sensitive issues and of promoting critical thinking. (para 66)
During her visit, the Special Rapporteur learned of a pilot project conducted under the auspices of OSCE and supported by the Council of Europe, proposing to focus on learning outcomes in history from the sixth to the ninth grade. She believes the project is a very good initiative. (para 67)
The current political environment does not seem to be conducive to progress on this issue. For example, on 27 June 2013, the Republika Srpska National Assembly adopted a declaration on the causes, character and consequences of the tragic armed conflict in Bosnia and Herzegovina from 1992 to 1995. In the document, the Assembly criticized the work of the International Criminal Tribunal for the former Yugoslavia, the Court of Bosnia and Herzegovina and the Bosnia and Herzegovina Prosecutor’s Office, blaming the war on the “domination of the Serb people in Bosnia and Herzegovina”. Bosniak politicians reacted by labelling the declaration discriminatory and a falsification of history. This episode underscores the extreme importance of ensuring that historians, academics and schoolteachers enjoy academic freedom, without interference by politicians [...].(para 68)
According to information received, the teaching of literature serves as an important means for nationalistic ideologies to build opposing narratives (including historical ones), dramatically affecting children’s perceptions of each other. Nationalistic ideologies rely on legends, language, national symbols, territories and enemies, and literature can be a very pervasive tool, even though its impact is frequently overlooked. Novelists, poets and other writers enjoy the right to artistic expression and creativity. Given that education is compulsory, however, the State and entities authorities should abide by their obligation to ensure that all educational content is in compliance with the 2003 Framework Law on Education (art. 3) and with international standards with regard to the objectives of education. (para 69)
D. Academic freedoms and the autonomy of academic and cultural institutions:
The Special Rapporteur heard many allegations that, all too often, nominations and appointments in cultural and educational institutions, including schools and universities, are motivated by political considerations. Political bodies have, in general, expanded their influence over cultural and educational institutions, which suffer from a lack of administrative independence and financial autonomy. For example, the Special Rapporteur is concerned at reports allegations that researchers in Republika Srpska are reluctant to participate in collaborative events and exchanges with historians from the Federation of Bosnia and Herzegovina for fear of losing their jobs or career opportunities, or of being refused future authorization to travel. In general, it was reported that academic freedoms are not sufficiently respected and promoted throughout the country. Allegations are quite serious; independent researchers unaffiliated to political parties reportedly encounter difficulties in their work, and scientific work is said to remain under the control of nationalist elites. (para 70)
Interaction and cooperation are necessary between professionals and institutions in the field of culture and education, including among the two entities and the District. The Special Rapporteur commends the willingness of some professionals, institutions and civil servants to cooperate with each other, and is encouraged by the imaginative projects developed by civil society organizations and cultural institutions to overcome what they consider to be artificial divisions in the country. As long as cooperation remains informal, with no mechanisms and official policies to institutionalize this, however, people will feel restrained. (para 71)
The Special Rapporteur believes that the systems put in place in both entities to fund art projects and cultural activities should be assessed and revised to ensure the right to freedom of artistic expression and creativity, as well as the autonomy of cultural and art institutions. (para 72)
The degree of transparency in the election of members and directors of Steering committees of cultural public institutions is not considered adequate. Interlocutors stressed that selection is often selected based on political affiliation rather than professional skills. (para 73)
E. Promoting cultural activities and interaction outside of schools:
Throughout her visit, the Special Rapporteur addressed the issue of the spaces available for people to interact across communities, in particular for children and youth. Although some 110 cultural centres remain in the country, most have been neglected since the war and are in ruins. Some are being re-established. (para 74)
The Special Rapporteur learned of a variety of competitions, exhibitions and festivals held throughout the country on a regular basis providing people with the opportunity to interact with each other. Interlocutors regretted, however the absence of a ministry for culture mandated to conduct cultural policies in a more thoughtful manner. They stressed that funds were scarce and that support, including from the international community, should be based on a long-term strategy rather than on the financing of single events. (para 75)
Today, territories in Bosnia and Herzegovina are commonly identified as community-specific, with substantial consequences in terms of the space made available for interaction. Places such as cultural and art centres, city parks, sports grounds and facilities are needed in locations where, regardless of ethno-national affiliation, people will feel free to interact. In Mostar, for example, people do not travel “deep” into the area over the other side, especially if they have not ventured there for years. Some young people, having never visited the “other side”, imagine all sorts of situations. Other cities are also territorially divided, like Sarajevo and East Sarajevo. The Special Rapporteur hopes that the organization of the 2017 European Youth Olympics in Sarajevo will provide opportunities to proactively develop spaces for interaction. She was pleased to learn that collaboration between the Mayors of Sarajevo (Federation of Bosnia and Herzegovina) and of East Sarajevo (Republika Srpska) has started in this regard. (para 76)
Excellent initiatives promoting interaction between people are visible in both entities. In Republika Srpska, the Teddy Bear association conducts, with support from the entity’s Government, activities, promoting interaction between rural and urban children. (para 77)
V. Conclusions and recommendations:
Twenty years after the war, divisions between communities in Bosnia and Herzegovina are much greater at the political level than on the ground. People, especially youth, often express a desire to overcome divisions that they see as imposed on them on a daily basis, creating absurd situations. (para 97)
Reforming the education system to end the segregation of pupils according to national/ethnic affiliation in both the two-schools-under-one-roof system and mono-national/ethnic schools is vital and urgent. For this, efforts must be pursued to implement a common core curriculum and to increase the number of subjects in which children learn together, regardless of background, including in those labelled “integrated schools” (where in fact interaction is minimal). The Special Rapporteur recommends that:
(a) Steps be taken to increase significantly the number of joint cultural activities between students across communities within two-schools-under-one-roof schools and between mono-national/ethnic schools;
(b) The right of all pupils and students to learn in their mother tongue and to have access to the cultural heritage of their particular community as well as those of all others be guaranteed. Children should learn the three official languages of Bosnia and Herzegovina, and both the Cyrillic and Latin alphabets, as necessary tools for full access to their cultural heritage. (para 104)
Neither history nor literature should be manipulated to indoctrinate students into believing in mutually exclusive and antagonistic identities. (para 105)
Efforts should be increased to ensure a comparative and multi-perspective approach in history teaching, to develop a multi-voice narrative that acknowledges different viewpoints, and to promote critical thinking, analytic learning and debate among students. The Special Rapporteur recommends that:
(a) Authorities at all levels pursue their efforts to raise the quality of history textbooks;
(b) A wide array of textbooks by a range of publishers be accredited. The curriculum should allocate a certain amount of time (at least 30 per cent) for teachers to introduce supplementary material, especially primary historical resources, without prior approval by the ministry;
(c) Transparent approval and accreditation procedures and criteria for textbook selection be adopted, relying on expertise in history and pedagogy, not particular ideological and political requirements. Those procedures should include, for example, open tenders in which all publishers may bid equally, and independent expert committee reviews to ensure that textbooks meet required standards.
(d) Cooperation among researchers of various communities be envisaged and promoted, such as inviting them to review each other’s textbooks for comments. (para 106)
The State and the entities should ensure that children have access to literature offering diverse viewpoints and mutual understanding. (para 107)
Respecting, protecting and promoting academic freedoms across the whole territory of Bosnia and Herzegovina is vital. This includes the freedoms to choose research subjects, to have access to information, including archives, without discrimination, to collaborate and exchange views with others, to disseminate results and to travel for such purposes. It is equally important that a better economic status be ensured for researchers. The Special Rapporteur recommends that:
(a) The authorities of the State and of entities proactively encourage (and refrain from discouraging) meetings between academics and researchers in all fields, including history;
(b) The authorities of the State and entities, and other relevant stakeholders, including the international community, pay particular attention to academic freedoms and the country’s higher education system, which should be free from political interference. (para 108)
With regard to enhancing interactions among children and youth, what may not be immediately achievable inside classrooms can most certainly be achieved outside, through cultural events and systematized exchanges across communities. The Special Rapporteur recommends in particular that:
(a) cross-community opportunities for engaging in activities in the field of culture, sports, science and arts be maximized through, for example, the rehabilitation of cultural and youth centres, and the creation of neutral spaces sheltered from politics and issues relating to ethno-national or religious affiliation. Such spaces should be established in locations where people feel free to come and interact;
(b) People associated with sports, in particular football teams and fan clubs, as well as artists in projects bridging communities, be engaged and supported. (para 109)
Visits requested
Visits accepted
- Special Rapporteur on racism (accepted in January 09)