Kako funkcioniše institucija ombudsmana u Bosni i Hercegovini
How does the ombudsman institution in Bosnia and Herzegovina function?

Author(s): Enesa Mrkaljević
Subject(s): Law, Constitution, Jurisprudence, Constitutional Law, Human Rights and Humanitarian Law, Public Law, Evaluation research
Published by: Fondacija Centar za javno pravo
Keywords: Public law; constitution; ombudsman; judiciary; authorities; BiH; human rights; evaluation;
Summary/Abstract: Instituition of Human Rights Ombudsman of Bosnia and Herzegovina (Ombudsman B&H) was established by Dayton Peace Agreement after which have been made some structural changes as Law on Human Rights Ombudsman was adopted. The Ombudsman reform was finalized in 2010, and entity Ombudsman institutions have ceased to operate. A unified and independent institution at the State level is of crucial importance for a domestic system to protect the human rights of every individual, to promote the rule of law, as well as to ensure proper conduct of public administration at all levels of BiH authorities. However, there are many weak points in functioning of Ombudsman B&H that have to be improved due to more effectiveness of the institutions. Establishment and strengthening of independency of Ombudsman B&H should be key task in the future. High professional and moral standards of ombudspersons and instituition's personnel should be improved. Also, implementation of the Ombudsman’s recommendations related to public authorities which have not been complied should be ensured in parliament, and civil society organization and media should be much more included in supervision process. Ombudsman B&H should be more involved in court proceeding as it granted by more laws. Furthermore, Ombudsman B&H is the „central instituition“ competant for protection from discrimination, according to Law on Prohibition of Discirimination and therefore should be far more involved in proceeding against discrimination. Also, sufficient financial resources needed to enable Ombudsman to carry out effectively all the tasks have to be considered by BiH authorities.

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