From Collection to Prevention - Preconditions for Comprehensive Gathering of Information on Discrimination in Bosnia and Herzegovina
From Collection to Prevention - Preconditions for Comprehensive Gathering of Information on Discrimination in Bosnia and Herzegovina

Author(s): Emina Ćerimović, Dženana Hrlović
Contributor(s): Edin Hodžić (Editor)
Subject(s): Politics, Criminal Law, Human Rights and Humanitarian Law, Information Architecture, Public Law, Policy, planning, forecast and speculation, Asylum, Refugees, Migration as Policy-fields
Published by: Analitika – Centar za društvena istraživanja
Keywords: BiH; discrimination; information access; politics; human rights: refugees;
Summary/Abstract: The adoption of the Law on the Prohibition of Discrimination (hereinafter LPD) in July 2009, was a milestone in the efforts to ensure the right of each individual in Bosnia and Herzegovina (BiH) to the protection from discrimination. The institutional framework for the protection against discrimination was defined through the appointment of the Institution of the Human Rights Ombudsman of BiH as the central institution for the protection against discrimination and the appointment of the Ministry for Human Rights and Refugees of BiH as the central institution responsible for monitoring the implementation of the LPD. The LPD provisions provide for important protection mechanisms and activities aimed at the prevention and elimination of discrimination in BiH. The protection mechanisms defined under this Law are the discrimination lawsuits and the proceedings in response to the complaints lodged with the Institution of Ombudsman of BiH. The effectiveness of protection mechanisms in discrimination cases before the Ombudsman is further enhanced by the introduction of a minor offence liability for the failure to act upon Ombudsman’s recommendation in a concrete case. In addition, the Law provides for an important obligation of the competent state bodies to collect, consolidate and analyse data on discrimination cases. The activities of collecting and analysing data on discrimination are recognised as one of the key measures undertaken by governments in fighting discrimination. However, collecting data in this field is a complex task for which the best modalities are yet to be found. There is no universally accepted model for the collection of such data and the methodology used differs between countries. In addition, there are certain dilemmas as to whether the collection of this data is justified with regards to ethical issues (for example, allegations that discrimination data itself reinforces prejudices and discrimination patterns), financial implications, and privacy protection concerns. However, the multiple benefits of reliable data on discrimination, particularly in the context of strengthening the measures and policies against discrimination, clearly indicate that the collection of data on discrimination requires special attention. Currently, the data on discrimination in BiH is collected in a fragmented manner, on an ad hoc basis, and the LPD provisions that regulate this matter are implemented with delay. The Rulebook on Methods of Collecting Data on Cases of Discrimination in BiH (hereinafter the Rulebook), which was supposed to be adopted within 90 days after the Law enters into force, was adopted almost four years later – at the beginning of April 2013. In addition, the central database on discrimination cases (the central database) has not been established yet, and the above-mentioned Rulebook stipulates its establishment only by the end of 2013. It is clear that an effective fight against discrimination requires both, the adoption of appropriate legal and institutional framework, as well as taking concrete steps in order to ensure its implementation. In this regard, taking into account the current legal framework in this field, this study attempts to answer the questions as to what are the key difficulties that the competent institutions face in collecting data on discrimination in BiH and what needs to be done to overcome them? The goal of this study is to provide recommendations for a better, more comprehensive, and consistent data collection on discrimination in BiH. In seeking to address the key research questions, first, the relevant literature on the subject of the collection of data on discrimination was reviewed. Then, the LPD, the Rulebook on Methods of Collecting Data on Cases of Discrimination in BiH, other national legislation relevant to this subject matter, legislation of other countries, including international documents related to the collection of data on discrimination, were analysed. Also, the system of data collection on discrimination cases in BiH was examined, as provided for in the LPD, i.e. the manner in which the Ministry for Human Rights and Refugees of BiH, The Institution of Human Rights Ombudsman of BiH and other stakeholders interpret the relevant provisions of the LPD and their own obligations as prescribed by law. In addition, in order to compare the BiH system of data collection with the best comparative practices, an analysis of current and planned activities of the key BiH players in this field was undertaken. Due to the lack of secondary data on this subject matter in BiH, a total of 14 interviews with the key stakeholders, including the representatives of institutions responsible for the implementation of the LPD, were conducted. Finally, with the aim of identifying good practices and possible solutions to the identified problems, a comparative analysis of the experiences of the countries in the region and the European Union (EU) in the collection of data on discrimination was also conducted. The above-described goal of the study also largely determines its structure. The first part of the study elaborates on the importance of data collection in fighting discrimination. The second part of the study deals with the type of data on discrimination that should be collected, focusing on the comparative experiences and the legal framework for the collection of discrimination data in BiH. The following section attempts to answer the question as to who collects data on discrimination. In addition, this section aims to identify some of the basic preconditions for successful collection of data on discrimination. The fifth section of the study aims to identify the methods for the collection of data on discrimination and the sources of such data in the light of international standards and comparative experiences. This section additionally provides an overview of the sources of data in BiH. Given the complex ethical issues inevitably arising in the collection of such, usually sensitive, data, the subsequent section seeks to address the privacy protection concerns in data collection, followed by the section that deals with the issue of access and availability of the collected data. Finally, an overview and analysis of the current situation in this field in BiH, as well as the experiences of other countries, served as a useful framework for proposing recommendations in order to improve the collection of data on discrimination in BiH.

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