The Human Rights Ombudsman of Bosnia and Herzegovina

Overview

The Institution of Human Rights Ombudsman of BiH is independent institution dealing with protection of rights of natural persons and legal entities in accordance with the Constitution of BiH and international human rights instruments appended thereto.

Brief history

The basis for the work and functioning of BiH Ombudsmen are enshrined by Annexes IV and VI of the General Framework Agreement on Peace for Bosnia and Herzegovina concluded on 14 December 1995 and, based on mentioned documents, the institution has started to function in 1996.

According to Annex VI of the General Framework Agreement on Peace for Bosnia and Herzegovina, BiH Ombudsman and Human Rights Chamber constituted BiH Human Rights Commission which considered that democracy and human rights were factors for development of society, preconditions for establishment of structures and mechanisms of the State, leading to international integration. Currently, BiH Ombudsman functions on the basis of BiH Constitution and the Law on the Ombudsman which guaranties independency and infrastructural framework for protection and promotion of human rights and fundamental freedoms.

First Law on BiH Ombudsman was adopted in 2000. New Law was adopted in 2002 and then amended in 2004 and 2006. The Law defines powers and competencies of the Ombudsman. Rules of procedure in following up of the work of organs and institutions according to allegations contained in a complaint and ex officio, including other important issues related to functioning of this national human rights mechanism for protection of fundamental human rights and freedoms.

Governing laws and regulations

Mandate

Sectors covered

Private, Public

Legal standing before the courts

Intervention in support of a party, Amicus curiae brief or similar

Functions

• Making recommendations on claims of discrimination [or other decisions on the merit that are not legally binding]
• Undertaking ex-officio investigations
• Organising training, advising and capacity-building activities for particular stakeholders on meeting their obligations
• Organising awareness raising and communication activities
• Advising government on the development, adoption and amendment of law and policy
• Carrying out specialist research on equality and non-discrimination
• Reporting to national and international bodies on discrimination issues
• Networking with relevant entities in the country and internationally

Fields and grounds

Other mandates of the institution

Multi-mandate equality body

National human rights institution, Office of Ombudsman, NPM under National Preventive Mechanism under the Optional Protocol to the Convention against Torture

Institution

Management and Appointments

Management

Single headed equality body (led by director or ombudsman/commissioner)

field_management_details

Regional or Local offices

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Accountability

National Parliament