9
May 2023. Human rights organisations, including World Organization
Against Torture (OMCT) and FIDH in the framework of the Observatory for
the Protection of Human Rights Defenders, alert in an open letter on the
new laws imposed by the government of Republika Srpska, an entity of
Bosnia and Herzegovina, which stigmatise and criminalise human rights
defenders, independent media and NGOs.
We, the undersigned organisations dedicated to the promotion of universal human rights, write to voice our strong support for the non-profit organisations and media from Republika Srpska, entity in Bosnia and Herzegovina, and to condemn efforts of authorities in Republika Srpska which want to restricts human rights,
especially freedoms of expression and association of human rights
defenders, media and those who openly criticise corruption and violation
of law by the government.
The government in Republika Srpska wants to impose new laws in its
jurisdiction: the Amendments to the Criminal Code of Republika Srpska by
which slander and insult are criminalised under Articles 208a and 208b,
along with the disclosure of personal and family circumstances under
Article 208v and the Draft Law on the Special Register and Transparency
of Operation of Non-Profit Organisations in Republika Srpska that
institutes a special register of NGOs (non-profit organisations)
established in Republika Srpska who receive donations from outside the
country, designates them as “agents of foreign influence” and
additionally bureaucratises and complicates their work.
Both pieces of legislation are deliberately vague and can be interpreted in excessively broad ways to greatly limit the freedom of expression and association
of human rights defenders, media, journalists, activists, NGOs and all
other citizens. According to legal analysis from leading legal experts,
these laws cannot be considered “necessary in a democratic society”.
Moreover, changes in the laws of Republika Srpska will not stifle
freedom only within Republika Srpska, but have a potential chilling
effect across Bosnia and Herzegovina. They constitute a direct legislative attack on civil society, media, and the open expression of any kind of criticism or dissent.
The international human rights standards on freedom of expression and
freedom of association, as well as the international obligations of
Bosnia and Herzegovina under its membership of the Council of Europe,
OSCE and the United Nations were not taken into account at all in the
preparation and discussion regarding these laws. The framework for
obtaining the candidate status of Bosnia and Herzegovina in the European
Union clearly states that Bosnia and Herzegovina must meet certain
requirements, among which it must guarantee the freedom of expression
and freedom of media, as well as the rule of law and other basic rights.
The legal initiatives taking place in Republika Srpska are the absolute
opposite of that.
We urge all competent authorities to honour their obligations
under international human rights standards by doing everything in their
power to prevent these laws from being adopted. If these laws
are passed, many non-profit organisations will be prevented from
conducting their work and many media outlets and journalists will have
to engage in self-censorship. These laws would be immensely detrimental
to civic space in Bosnia and Herzegovina, and directly impact civil
society and media in Republika Srpska.
Promotion and protection of equal and inalienable rights form the
basis of the rule of law, peace and security. This is especially
important in a context like Bosnia and Herzegovina to ensure that human
rights and freedoms are not rolled back, and that authorities act in
accordance with democratic principles and human rights standards. If
this does not happen, the fragile democracy in Bosnia and Herzegovina can very easily be shattered into pieces.
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