Bosnia and Herzegovina (S/2014/314)
The Report of the High Representative on the Situation in Bosnia and Herzegovina (BiH) (S/2014/314) was submitted to the Security Council on 5 May 2014.
The report of the High Representative for Bosnia and Herzegovina covereds the period from 21 October 2013 to 21 April 2014. The report wasis divided into the following sections: Introduction;, Political update; Entrenching the rule of law; Cooperation with the International Tribunal for the Former Yugoslavia; Economy; Return of refugees and displaced persons; Media development; Defense matters; European Union military force; Future of the Office of the High Representative; and Reporting schedule. The report highlighteds the Special Representative’s numerous concerns over the negative political situation including: the failure of Bosnian authorities to achieve concrete progress in meeting the five objectives of the women, peace and security agenda and two conditions for the closure of the Office of the High Representative; the continued and growing obstructive rhetoric of Republika Srpska authorities; the failure of authorities to enforce decisions of the Constitutional Court of BiH and the Human Rights ruling; the continued economic challenges facing the country;, and the widespread protests held in February across the country.
Women, Peace and Security issues wereare not referenced in this document.
The report misseds numerous opportunities to incorporate a gender perspectiveperceptive including: women’s political participation; women’s participation in peace and security process; in the return of refugees displaced persons; in the capacity-building and training of EUFOR; and in police and military forces. Further, the report didoes not mention the promotion and protection of the rights of femalewomen survivors of sexual and gender-based violence, and the continued impunity for crimes of sexual and gender-based violence. Finally, the rReport didoes not condemn entity-level courts’ use of the Socialist Federal Republic of Yugoslavia’s (SFRY) outdated criminal code, which fails to define crimes against humanity, command responsibility, sexual slavery, and forced pregnancy, nor did the report discuss the tension between the criminal code’s definition rape and rape defined by international standards.
In relation to the recommendations put forth in the May 2014 MAP, the report’s record wasis inadequate. The MAP calleds for numerous action points including, a gender perspective in all areas of the High Representative’s work; a lift of all impedimentsimediments to investigating and prosecuting crimes of sexual violence; measures to ensure resources are accessible to survivors of sexual violence,; including the numerous draft laws[1] that remained stalled at the entity level of government; and the implementation of the revised 1325 strategy.[2] None of the MAP recommendations wereare incorporated in the work of the Special Representative.
The cCurrent report rdegresseds from the previous report of 6 November 2013(S/2013/646), which made one reference to issues of women, peace and security. The current report madekes no reference to the entity-level courts use of the Socialist Federal Republic of Yugoslavia’s (SFRY) outdated criminal code. On protection and human rights concerns, both reports failed to reference the ongoing impunity for perpetrators of crimes of sexual and gender-based violence; the need for gender-sensitive witness protection; and need for services and support for survivors of sexual and gender-based violence. Similarly, both reports failed to mention the importance of women’s participation and inclusion in politics, peace, and security processes. Finally, both reports madke no mention of mainstreaming gender in the work of EUFOR orand in the Bosnian police and security forces.
[1] Programme for Victims of Sexual Violence in Conflict and Beyond; BiH Law on the Rights of Victims of Torture and Civilian Victims of War and the BiH Strategy for Transitional Justice
[2] http://womenpeacesecurity.org/media/pdf-MAP_May2014.pdf