Final report on national campaign to combat violence against women, including domestic violence
1. Legal and policy measures
- Bosnia and Herzegovina Parliamentary Assembly, in February 2008. adopted the Resolution on combating domestic violence against women; and by doing so joined Council of Europe’s Parliamentary Assembly campaign “Parliaments united in combating domestic violence against women”.
Federation of Bosnia and Herzegovina (Federation of BiH)
- Amendments to the Law on Protection from Domestic Violence in Federation of Bosnia and Herzegovina (Federation of BiH) have been prepared; new Paragraphs regulate:
- urgent infliction of protection measures,
- forms of protection of victims from domestic violence, financed through (health, social and material security and legal aid free of charge) the budget of the relevant governance,
- multidisciplinary approach for the protection of victim of domestic violence and implementation of protection measures.
- Amendments to the Labour Law in Federation of BiH have been prepared, which will ensure protection from all forms of gender based discrimination, mobbing and bossing.
Republic of Srpska (RS)
- Amendments to the Law on Protection from Domestic Violence in Republic of Srpska (RS)1, enacted in February 2008. for reasons of improving implementation of the Law regulate the following:
- the scope of acts that represent the acts of domestic violence has been broadened;
- the guardian bodies in cases of domestic violence have been specifically determined;
- work procedures in cases of domestic violence for the police, social work centres and services of social protection (subjects of protection) have been clearly determined;
- procedures, budget funds and timetables dealing with the settling of victims of domestic violence to safe shelters have been clearly determined;
- Court’s local jurisdiction in violation procedures has been modified.
- Amendments to the Law on Criminal Procedure of RS, enacted in August 2007. regulate new measures of prohibition that can be pronounced in cases of domestic violence against the suspect/perpetrator of violence: the prohibition of visiting certain places or areas and the prohibition of meeting certain persons.
- Amendments to the Labour Law of RS, enacted in March 2007. secure protection from all forms of violence based on gender discrimination. The forbidden forms of behaviour at work and regarding work are discrimination on the grounds of gender, harassment, sexual harassment, gender-based violence and mobbing.
2. Support and protection for victims
Federation of Bosia and Herzegovina
- Amendments to the Law on Criminal Procedure in Federation of Bosnia and Herzegovina are in preparation phase. They will ensure protection for victims of domestic violence during the criminal procedure.
- Amendments to the Law on Protection from Domestic Violence ensure financing of safe shelters from the budget.
- There are ongoing activities for initiation of unique SOS help-line (one phone number) for victims of domestic violence for the territory of the Federation of BiH. In this way, the existing network of SOS help-lines in Federation of BiH will be connected.
- Gender Centre of the Federation of BiH has prepared amendments to the Law on social security, protection of civilian victims and protection of familys with children. Victim of domestic violence (adult or child) will be defined as a social security user, and on that basis he/she will have specific rights.
- A coordination body for prevention, protection and combat against domestic violence was established on the territory of Canton Sarajevo on initiative of NGO «Fondacija lokalne demokratije» and established by local governace representatives and the Organisation «BH novinari». The Protocol of cooperation on providing help to the victims of domestic violence was signed. Residence of victims of domestic violence in the safe shelters is completely funded by the Gouvernment of Canton Sarajevo.
- NGO's „Žene BiH“ Mostar, „Caritas-Mirjam“ Mostar and „Centar za žene“ Mostar, has established and signed the Protocol of help to victims of domestic violence, with appropriate cantonal institutions in “Herzegovina-Neretva Canton” (Ministry of Health, Labour and Social policy; Ministry of Interior and Ministry of Finance).
Republic of Srpska
- Amendments to the Law on Criminal Procedure of RS prescribe new measures of prohibition, in favour of the victim and against the suspect/perpetrator of violence: the prohibition of visiting certain places or areas and the prohibition of meeting certain persons.
- Amendments to the Law on Protection from Domestic Violence in RS regulate the financing of safe shelter’s work; they prescribe that the funds will be supplied up to 70% from the budget of Republic of Srpska, and up to 30% from local municipality budget for proper work and functioning of safe shelters for victims of domestic violence.
- A mobile team for helping the victim of domestic violence operates on the territory of Republic of Srpska’s capital, the city of Banja Luka. It consists of a police unit for domestic violence, social workers and psychologists from social work centre and members of local NGO “United Women” working on domestic violence issues (in the process of implementation of RS Action Plan to combat domestic violence the transfer of this model to other local communities will be initiated).
- In accordance with RS Action Plan to combat domestic violence, in the course of 2008. a capacity building is planned for the subjects of protection against domestic violence:
3. Data collection
Federation of Bosnia and Herzegovina
- Domestic violence data are collected within regular statistic surveys of Federal Institute for Statistics. Gender Centre of the Federation of BiH in cooperation with the Federal Institute for Statistics has created the method for collecting statistic data about domestic violence with the aim to improve the existing data base about domestic violence.
Republic of Srpska
- Gender Center RS runs data bases on domestic violence; statistical data on cases of domestic violence is being collected annually from the first level and second level Courts and the Public Prosecution Offices and on a monthly period from NGO’s working on SOS helpline for victims of domestic violence. Gender Center RS has created specialised forms for gender disaggregated data gathering on domestic violence for judiciary institutions.
- In accordance with RS Action Plan to combat domestic violence, in the course of 2008. the Protocol on data base for domestic violence in Republic of Srpska will be signed between authorised ministries of RS (the Ministry of Internal Affairs, the Ministry of Justice, the Ministry of Health and Social Protection) and Gender Center RS, which will significantly improve the collection of statistical data regarding domestic violence.
4. Awareness Raising
- Agency for Gender Equality in Bosnia and Herzegovina, during the “16 days of activism 2007” campaign showed the Council of Europe’s exhibit “Stop domestic violence” in capital city of Sarajevo, after which the exhibit moved to inland country; on March 8th 2008. exhibit was opened in the hall of RS National Assembly in the city of Banja Luka.
- National gender mechanisms in cooperation with the Centre for Education of Judges and Prosecutors organised seminars for judiciary representatives on topic Domestic violence and gender equality.
- Various NGO’s with national gender mechanisms organised seminars, workshops and round tables on issues of domestic violence.
Federation of Bosnia and Herzegovina
- Within Council of Europe Campaign on combat violence against women, including domestic violence, Gender Centre of the Federation of BiH in cooperation with Federal Ministry of Law has organised, in the year 2007., meetings in headquarters of all Cantons, to consider the status of protection of women victims of violence. Member of the Parliament of the Federation of BiH, canton assembly, NGO and media were included into this activity.
- Participation on television on topic domestic violence and gender stereotypes.
Republic of Srpska
- In accordance with RS Action Plan to combat domestic violence, the Ministry of Family, Youth and Sport RS have started to implement a public campaign on awareness raising about the problems of domestic violence. Campaign involves a production of a TV spot, a radio jingle, new Internet pages on Government and partner site’s, promotional materials such are posters, fliers, calendars, note books, pencils, T-shirts and engagement of celebrity persons for promoting the combat against domestic violence.
National Plans of Action
Federation of Bosnia and Herzegovina
- Government of the Federation of Bosnia and Herzegovina, in its strategic document for the period up to 2010. has included the Strategy for prevention of domestic violence with the Action plan for the Federation of Bosnia and Herzegovina in the year 2008.
- The Strategy implicates analysis of status in the area of education, health, social security, family relations and security; analysis of incidence of already existing services for support of victims of domestic violence with respect to services working on prevention of domestic violence.
- Measures to improve existing services will be suggested, including needs of establishing new services and creating network of services for prevention and support to the victims of domestic violence.
- Financial resources needed for the implementation of Strategy will be settled.
- Action plan will implicate tasks; define those who are responsible for the realisation of these tasks, deadlines for completion and indicators for monitoring the range of success of implication of activities.
Republic of Srpska
- The Government of Republic of Srpska has adopted Action Plan to combat domestic violence for years 2007. - 20082.
- Action Plan’s operational objectives are completely correlated with the objectives of the Blueprint of the Council of Europe Campaign (one of the goals is the creation and adoption of Republic of Srpska Strategy to combat domestic violence 2009. – 2013.)
Assessment of the impact of the Council of Europe Campaign
1. Is any and every act of violence against women criminalised in your country?
YES _ NO _
The Law on Gender Equality in BiH, the Criminal Code of the Federation of BiH, the Law on the Protection Against Domestic Violence of the Federation of BiH, the Criminal Code of RS, the Labour Law of RS, the Law on the Protection Against Domestic Violence of RS forbid all acts of violence against women, including harassment, sexual harassment, physical violence, sexual violence, mental or psychological violence, economic violence (criminalisation of acts that represent this kind of violence or threats of such acts).
2. Is violence committed by a partner or former partner punished more severely than violence among strangers (eg. gender based violence as such or the abuse of power will be considered an aggravating circumstance)?
YES _ NO _
Bosnia and Herzegovina penal system doesn’t recognize characteristic outlined in the above question as a reason for an aggravating circumstance qualification; one being a partner, a former partner or a complete stranger does not represent a basis for different punishment.
3. Are victims enabled to seek justice in a human manner (eg. specialised courts on domestic violence, specialised units within the police, the public prosecutor or the judiciary)?
YES _ NO _
In Republic of Srpska there are specific police inspectors responsible for cases of domestic violence; there are no specialised judiciary institutions. Seminars that represent capacity building in working with victims or perpetrators of domestic violence are being held for the members of the police, the judiciary and health institutions in order to provide more comprehensive and more humane approach in dealing with problems of violence.
In Federation of Bosnia and Herzegovina, within Cantonal Ministry’s of Interior, there are at least two persons (inspector and police officer) who are in charge of matters of domestic violence; there is no specialised juridical institution, but there is an initiative to establish domestic courts within the local court. Seminars for building capacity for work with victims or perpetrators are were held for representatives of courts, prosecutors, police and health institutions, to improve better approach in solving problems of domestic violence.
4. Does a national emergency 24/7 help-line exist free of charge for victims of domestic violence in your country?
YES _ NO _
A unique SOS help-line (one phone number) exists for the whole territory of Republic of Srpska. The phone number is not free of charge, but it has a minimum paying rate. It operates from 9-22h Monday to Friday and from 17-22h Saturday to Sunday.
Implementation of a unique SOS help-line for the hole territory of Federation of Bosnia and Herzegovina for victims of domestic violence is in progress.
5. Have safe shelters been set up for victims of domestic violence in an adequate ratio in your member state?
YES _ NO _
In Republic of Srpska there are three (3) safe shelters for women and children – victims of domestic violence which are operational and at work. Safe shelters are led by NGO-s working on domestic violence and women’s human rights and are completely funded by Government; all shelters provide psychosocial support for victims and staying up to 3 months and they all have a capacity from 16 to 24 beds. The safe shelters territorially cover the western and the central part of Republic of Srpska; there are plans to open a fourth safe shelter for the eastern part of the entity.
In Federation of Bosnia and Herzegovina there are six (6) safe shelters for women and children, who are victims of domestic violence. Safe shelters are led by NGO-s working on domestic violence and women’s human rights. They territorially cover five (5) Cantons; while in other five (5) Cantons there are no safe shelters. Safe shelters are up to 95% funded by donations.
Government of the Federation of BiH, to enhance condition of working with victims of domestic violence in the year 2008, has ensured funds in assets 200.000 KM. These funds are allocated by special needs of each safe shelter. Safe shelters provide psychosocial support for victims, treatment, consulting and education with capacity from 9 to 35 beds. It is not regulated how long the victims can stay, but in praxis from month to one year.
6. Is administrative data being collected on victims of domestic violence?
YES _ NO _
Governmental agencies that collect this kind of data are Services of Public Security (under which police stations operate), Public prosecution offices and Courts, Social work centers / Services of social protection and Gender Center of RS. There are various NGO-s that collect data on victims of domestic violence, which is forwarded to Gender Center RS.
Gender Center RS is in the process of creating a unique data base system that will connect data on domestic violence from all agencies that collect it.
- Federation of Bosnia and Herzegovina
Courts, Prosecution offices, Police, Social work centres and Federal Institute for Statistics collect this kind of data. Initiative was started to collect this data under unique methodology, so data could be more relevant and a part of annual statistic data of the Federal Institute for Statistics.
7. Is domestic violence considered as a human rights violation to be addressed in your legal system?
YES NO_
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