At a glance 

Freedom of expression and its corollary freedom of access to information are the cornerstones of a democratic society. They enable critical tools which allow for democratic participation, oversight, transparency, and monitoring.

This project’s objective is to enhance the protection of freedom of expression and freedom of access to information in Bosnia and Herzegovina by making a contribution towards human-rights based legal framework and practices.

This is done through enhancing the capacities of key responsible institutions, media actors, and civil society organisations to integrate a human rights-based approach in their work.

 Funding 

This project is implemented under the Council of Europe's Action Plan for Bosnia and Herzegovina 2022-2025 through the voluntary contribution of Sweden via the Swedish International Development Cooperation Agency (SIDA).

 Duration 

01 February 2022 - 31 December 2025

What are the goals and objectives of the action?

Freedom of expression (FoE) and its corollary freedom of access to information (FoI) are cornerstones of a democratic society. They enable critical tools which allow for democratic participation, oversight, transparency, and monitoring. Obstacles in the effective and practical exercise of these freedoms create a plethora of enduring problems, which have a negative impact on society at large.

The existing constitutional, legal, regulatory and institutional framework in Bosnia and Herzegovina (BiH), including treaty ratification and domestic legislation and institutions, already lays the foundations for the protection of freedom of expression and access to information. However, various sources, including the reports of the European Commission for 2020 and 2021 as well as the Needs Assessment Report commissioned under this project, confirm that along with legislative gaps, an implementation deficit exists in this area. In this framework, a limited capacity at the national level to comprehensively monitor and assess the implementation of such rights, and report on it, are key impediments to progress toward the full realisation of those rights.

Therefore, the need has emerged to support the development of capacities of the Ministry of Human Rights and Refugees (MHRR) of BiH for an effective exercise of its specific mandate in coordinating human rights monitoring and reporting of the full spectrum of human rights with respect to FoE and FoI. This shall go hand in hand with raising awareness and strengthening the capacity of other institutions and actors (duty-bearers and right-holders) with a stake in freedom of expression and access to information to fully and effectively contribute to this process.

This project’s objective is thus to enhance the protection of FoE and FoI in BiH by making a contribution towards human-rights based legal framework and practices, through enhancing the capacities of key duty bearers (the MHRR and other institutions with responsibilities in this area) and right-holders representatives (media actors and CSOs), to integrate a human rights-based approach in their work. The action builds on past and current Council of Europe (CoE) activities in the area of Freedom of Access to Information/Media and Freedom of Expression in BiH, including a pilot project funded by SIDA and implemented in 2019/2020.

Who benefits from the action?

The project will work primarily with the Ministry of Human Rights and Refugees of Bosnia and Herzegovina (MHRR) as the main beneficiary and partner. In line with its core themes, it will also engage other duty-bearer institutions relevant to Freedom of Expression and Access to Information, including the Ministry of Transport and Communications, Ministry of Civil Affairs, Judicial Commission of Brčko District, Ministry of European Integration and International Cooperation of Republika Srpska, Government Office for European Integration of the Federation of Bosnia and Herzegovina, Ministry of Justice of Bosnia and Herzegovina, Ministry of Justice of the Federation of Bosnia and Herzegovina, Directorate of European Integration (DEI), Institution of the Human Rights Ombudsmen, Communications Regulatory Agency, and Press and Online Media Council BiH. In addition, rights-holders, including the BiH Association of Journalists, media representatives, journalists, and civil society organisations, will be engaged throughout the project’s duration as direct and indirect beneficiaries.

How does the action work?

The objective of this project will be achieved through three inter-connected components focusing on: 

1. freedom of expression,
2. freedom of access to information and
3. capacity building of the Ministry of Human Rights and Refugees of Bosnia and Herzegovina.

All actions shall be encompassing targeted inputs such as awareness-raising and training, legislative analysis, development of guidelines and tools, monitoring and reporting, and advocacy.

The fully-fledged intervention logic, presented through the Workplan and Calendar of Activities detailing all project actions, engagement of international and national consultants/experts and of responsible government institutions represent the finalised reviews and start-up activities of the inception phase of the project (February and May 2022).

This project will be implemented by the Council of Europe’s project team composed of one local Project Officer (70 % of FTE) and one Long-term Adviser (LTA) based in Sarajevo and one Project Officer based in Strasbourg (70% of FTE). A Programme Manager based in Strasbourg will be supervising and managing the project team from substantial and administrative aspects. 

The team based in Sarajevo will work directly with the beneficiaries while being supported and guided by both the Office of Directorate General of Programmes (ODGP) and the Directorate General of Human Rights and Rule of Law (DG I). The overall project management and supervision will be ensured by the Division for Co-operation on Freedom of Expression of the Information Society Department.

The Council of Europe will ensure the active participation of a suitable mix of European and local experts in all project activities. All local and international experts/consultants are to be independent and free from conflicts of interest.

What do we expect to achieve?

The Theory of Change of the project is that effective implementation of a human rights-based legislative framework on Freedom of Expression and Freedom of Information is critical for the progress of the Rule of Law in Bosnia and Herzegovina.

Impact: Enhanced protection of freedom of expression and freedom of access to information for all in Bosnia and Herzegovina.

This will be achieved by achieving intermediate outcomes:

• enhanced effectiveness of the Ministry of Human Rights and Refugees and other key actors in Bosnia and Herzegovina to address freedom of expression and media (in particular hate speech), as well as the freedom of information,
• implementation of a human rights-based approach by the Ministry of Human Rights and Refugees in its mandate, as the key duty-bearing institution.

The following immediate objectives shall be implemented to this aim:

• enhanced substantive awareness and knowledge, as well as methodological skills and capacities in the field of freedom of expression, especially on hate speech, and freedom of information (i.e. legislative drafting, capacity development, advocacy),
• enhanced organisational management capacity and procedural tools available to the Ministry of Human Rights and Refugees to manage and coordinate action of freedom of expression and information within a human rights approach.

What is the budget of the action?

The total budget of the action is 1 001 779 EUR.

Reference documents:

 Article 10 of the European Convention on Human Rights 

 Council of Europe Convention on Access to Official Documents (Tromsø Convention)