On the occasion of May 17, the International Day Against Homophobia, Biphobia and Transphobia, the Sarajevo Open Centre recalls that the human rights situation of LGBTI persons in Bosnia and Herzegovina continues to be characterized by deep contradictions between the formal legal framework and the everyday reality marked by discrimination, violence and social exclusion.
As they stated, political and institutional decisions that contribute to the marginalization of LGBTI persons are of particular concern.
Amendments to the Criminal Code of the Federation of Bosnia and Herzegovina that narrow the scope of protection, the blockade of public policies on LGBTI issues, and the lack of adequate responses to violence and hate speech indicate serious systemic resistance. At the same time, the strengthening of anti-gender actors further narrows the space for the improvement of human rights.
Although there are certain developments, such as court rulings for discrimination, work on the law on same-sex partnerships and the development of support services, including a safe house for LGBTI persons – they are still sporadic and most often the result of the work of civil society, and not a systemic approach.
The Pink Report – the annual report of the Sarajevo Open Center on the state of human rights of LGBTI persons in BiH also shows the deep distrust of LGBTI persons towards institutions.
The high level of non-reporting of violence and discrimination clearly indicates that the existing protection mechanisms are not recognized as safe and effective.
An additional challenge is the expiration of the Action Plan for the Advancement of Human Rights of LGBTI Persons. Its urgent extension, along with the development of a new and enforceable document, is necessary to prevent a stalemate.
- Institutions in Bosnia and Herzegovina must urgently stop treating the rights of LGBTI persons as a secondary political issue and finally ensure basic legal and institutional protection for this community. Bosnia and Herzegovina already has clear obligations arising from the Constitution, international conventions and domestic laws that it has adopted, which require the elimination of discrimination and ensuring equal treatment for same-sex couples. The first step must be the legal recognition of same-sex unions, because hundreds of people in BiH today live without basic family and property rights – says Darko Pandurević from the Sarajevo Open Center.
Although formal standards exist, their actual implementation is still lacking. Without clear political will and concrete action by institutions, progress will remain limited.
- In contrast, a systemic, coordinated and inclusive approach can contribute to creating a society in which the rights of LGBTI persons are actually realized, and not just formally recognized – SOC announced
