Final report on national campaign to combat violence against women, including domestic violence

1. Legal and policy measures

Federation of Bosnia and Herzegovina (Federation of BiH)

Republic of Srpska (RS)

2. Support and protection for victims

Federation of Bosia and Herzegovina

Republic of Srpska

3. Data collection

Federation of Bosnia and Herzegovina

Republic of Srpska

4. Awareness Raising

Federation of Bosnia and Herzegovina

Republic of Srpska

National Plans of Action

Federation of Bosnia and Herzegovina

Republic of Srpska

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.

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_

Note 1 Law on Protection from Domestic Violence in Republic of Srpska was enacted in December 2005.
Note 2 Action Plan was adopted at Government meeting in July 2007; it represents the first document of this type in Bosnia and Herzegovina and it is in the process of implementation.