COUNCIL OF ROMA OF
THE FEDERATION OF BOSNIA AND HERZEGOVINA
DAJANLI IBRAHIM BEGA BR. 1/A
71000 S A R A J E V O
Tel:0038733752316
Fax:00 387 33 442 479
Mob: tel:00 387 61 349 399
E-mail: vrbih@bih.net.ba
COMMENTS ON THE IMPLEMENTATION OF
THE FRAMEWORK CONVENTION ON THE PROTECTION OF
NATIONAL MINORITIES IN BOSNIA AND HERZEGOVINA
Roma are traditionally peaceful people. They came from the territory of today’s India.
After the first signs of discrimination and persecution, they left India and, in quest of better
living conditions and prosperity, settled in Europe. The first written documents about their
settling dated 1416 are from Transylvania, Rumania, while they are mentioned in the chronicle
of the city of Forely, Italia, in 1422. In the territory of Bosnia and Herzegovina they were first
officially mentioned in early 16th century when Sultan Pasha Suleiman approved their
settlement and cultivation of land in a part of his pashalik.
They were not accepted by indigenous people so they had to change place of residence
frequently and the attribute “nomad” has been associated with them ever since. Even
nowadays, this situation is characteristic for Roma who are called Čergaši /čerga is a gypsy
caravan/ in literature and by people.
Discrimination, intolerance, mass extermination and persecution of Roma continuing to date
have put this people on the margins of society and have made them generally unacceptable,
unequal and less worth people wherever they come.
Nowadays, at the dawn of 21 century, Roma live below the minimum social, economic,
educational and cultural level enjoyed by civilized human beings.
According to the 1991 Census, only about 9,000 Roma live in Bosnia and Herzegovina, while
statistics of Roma NGOs show that between 75,000-100,000 Roma are living in BiH. These
statistics show that they are accepted badly in BiH as they are everywhere else in the world.
Because of fear for their socio-economic conditions, Roma of BiH declared themselves as the
then Yugoslavs, Muslims, Serbs or Croats or did not want to declare their nationality at all.
During the war in BiH, an enormous number of Roma was displaced from their prewar homes.
According to estimates, in this period more than 1/3 of the BiH Roma population emigrated
and more than 85% of the Roma population of the Republika Srpska that was not able to
emigrate to third countries took refuge in the Federation.
Roma are the most numerous ethnic group amongst the homeless in BiH. More than
70 % of Roma do not have a house, while the rate of Roma returnees is very low.
They are very often evicted and compelled to change place of residence often, which makes
schooling of children and development of the social security chart difficult.
During the war in Bosnia and Herzegovina Roma settlements were literally demolished and
warehouses of different companies have been built on the locations or the locations have been
declared water protection areas or buffer zones or the locations have been usurped by non-
Roma or the local authorities have been claiming municipal ownership of the locations or the
like.
Roma population in Bosnia and Herzegovina has achieved the lowest ratio of housing
reconstruction and the commitments for reconstruction by the Ministry of Social Security,
Displaced Persons and Refugees have not been honoured yet. Unlike for Roma, entire housing
estates have been built for members of constituent peoples in the name of return even on the
locations where they did not exist before the war, sometimes even without building permits or
town plan compliance certificates. The only good example of cooperation and engagement of
local authorities in housing of Roma is the Municipality of Centar, Sarajevo, which helped in
the implementation of a project funded by the Dutch Government involving the construction of
30 flats for inhabitants of Gorica. Sadly, it is the sole good example in Bosnia and
Herzegovina.
As to education at all levels, statistics show that before 1992 about 36,5 % Roma children
were included in education while after 1996 hardly 12,5 % Roma children were included in
education. Only at the beginning of 2003/2004 academic year there was a significant increase
in the number of Roma children enrolling primary and secondary school, while only 4 or 5
students, who come from well off families and whose parents are in regular employment,
enrolled in university. We note a case where the Ministry of Human Rights and Refugees sent
a letter of support to the university to enroll a student and it was done.
The poor interest and inclusion of Roma children in education result from a few negative
elements, starting from identification documents (failure to register children in birth registers),
housing and permanent residence related problems, financial condition (primarily
unemployment, the lack of means to buy textbooks, school utensils and school brunch or
lunch) and finishing with discrimination of Roma children in some communities. We have to be
impartial and point out that in some Roma families there is the lack of interest in regular and
continued education. Most female children quit schooling after finishing 3rd or 4th grade of
primary school.
Only last year, as we have already mentioned, the number of enrolled children increased
thanks to Roma NGOs, the Council of Roma of BiH, Advisory Roma Board within the Council of
Ministers of BiH, Education Department of the OSCE Mission to Bosnia and Herzegovina, «Save
the Children» UK and others.
In 2003 OSCE Mission to Bosnia and Herzegovina took a number of actions within the
education reform and activities to define needs of Roma and other national minorities of BiH in
education. Besides OSCE Education Department, representatives of BiH national minorities
(those who have their organizations), educational institutions of BiH (ministries and schools),
the Ministry of Human Rights and Refugees and other NGOs dealing with Roma issues were
involved in these activities. ACTION PLAN ON EDUCATIONAL NEEDS OF ROMA AND
OTHER MEMBERS OF NATIONAL MINORITIES IN BiH was developed after a series of
workshops. This Action Plan was presented at 17 February 2004 meeting of Ministers of
Education (Entity and cantonal ministers of education). The presented Action Plan was signed
by all the Ministers, thereby committing all ministries of education and all educational
institutions to implement the Action Plan.
According to some statistics, in BiH before 1992 about 17 % of Roma were in employment
while nowadays less than 1 % of Roma population is employed in civil service / state-
owned companies.
The overall socio-economic picture of this population has drastically changed in a negative
sense partly due to non-operation of companies, partly due to the unregulated status of
employees and largely due to discrimination against Roma in reinstatement of pre-war
employees in their former posts and Roma's unequal access to open competitions and other
published vacancies.
Most Roma men of working age joined the army, as obligated to, during the hostilities in
Bosnia and Herzegovina, but after the war they were prevented from returning to their pre-
war posts. They have been put on «waiting lists», dismissed without severance pay or
payment of statutory contributions in the pension fund. The only benefit that some of them,
mostly young men, managed to get from the labor exchange office (unemployment bureau) is
the health insurance card (so-called health booklet).
No comments should be given on newly employed Roma people because there are hardly any,
since companies are privatized and therefore there is no chance for Roma to get employment.
A great number of young and able Roma leave the country because of such a policy.
More than 85 % of Roma in the 15-65 age group do not enjoy social security or
health care, while this percentage is lower in other age groups. Catastrophic statistics of this
segment show a death rate among children that results from the lack of medical aid because
of non-possession of health booklets or non-entitlement to medical care in some other way. A
great number of Roma are refugees and displaced persons. However, owing to the lack of
identification documents before the war, they have not been able to get the status of refugees
or displaced persons and thereby they have not been able to get any health insurance. They
might be entitled to health insurance through registration with the labor exchange office, but
they are not able to register with it either, because they do not have permanent place of
residence. Reasons for this problem should be sought also in deficiencies of the Law on Health
Care in individual cantons or within various organizations of some municipalities in the
Republika Srpska. Some maternity wards do not send birth reports over to registry offices
when Roma women give birth to a child because they do not have money to pay for the
delivery, so the children remain unregistered in the birth registers.
Being politically unorganized Roma have not had political representation, apart from one
municipal councillor, at any level of government in Bosnia and Herzegovinawhich is, in the
opinion of the NGO sector, one more cause of this situation of Roma in Bosnia and
Herzegovina.
By GFAP and the establishment of “Dayton Bosnia and Herzegovina” the Constitution of Bosnia
and Herzegovina was passed. “Bosnia and Herzegovina consists of three constituent
peoples (Bosniaks, Serbs and Croats) and other citizens living in it.”
This Constitution and Entity Constitutions (the Federation of Bosnia and Herzegovina and the
Republika Srpska) classify national minorities under term “Others” without giving precise
enumeration who others are and how their rights and responsibilities are regulated.
Bosnia and Herzegovina ratified the Framework Convention on the Protection of National
Minorities, committing to protect rights of national minorities living in Bosnia and Herzegovina,
and thereby to protect Roma’s rights, as the major national minority in BiH. As a result of the
ratification, the Law on the Protection of Members of National Minorities of BiH was passed on
1 April 2003. Only now this Law regulates in detail rights and responsibilities of all national
minorities, which are enumerated in the body of the law in an alphabetic order (seventeen of
them), which will be discussed below. I just want to remind that all countries of origin of
national minorities, except Roma, have embassies and consulates in Bosnia and Herzegovina.
According to 1991 Census about 9,000 Roma live in Bosnia and Herzegovina, which is
nowhere near the actual number of Roma living in BiH. Statistics of Roma NGOs (there are
about 40 NGOs registered) show that between 75,000-100,000 Roma live in BiH. The
difference between the Census and the real number of Roma is long-lasting discrimination of
the ethnic group and their fear of declaring Roma nationality.
Also the fact that Roma in Bosnia and Herzegovina do not have political representation at any
level of government nor are they politically organized substantiates this assertion.
Only in mid 2003 in Bosnia and Herzegovina, the Democratic Party of Roma BiH was
established as the first and the only party of Roma.
So far only sporadic examples of Roma standing for local elections have been reported, where
they have been candidates of non-Roma political parties, but they have not had good results.
Usually their have been put on the candidates' lists in order to satisfy the requirement of “civil
society commitment” of the political party that have used them to get Roma voters' votes.
The Election Law of BiH does not provide for national minorities to stand for and be elected
to “high positions”, and thereby to stand for and be elected as President of the country,
because only members of “constituent” peoples may stand for the election. The proof is the
composition of the House of Peoples of BiH Parliamentary Assembly (consists of 15
representatives who are members of constituent peoples, 5 from each constituent people) and
the Presidency consisting of three members (one from each constituent people).
The most recent example of discrimination of members of national minorities of BiH was
appointment of the Minister of Defense, where only members of constituent peoples could be
nominated – members of national minorities are not eligible, whereas all citizens without
exception are subject to conscription. To tell the truth, all national minorities, except Roma,
are in some way or another represented in authorities, but not on the basis of the application
of Framework Convention, nor on the basis of the Law on the Protection of Members of
National Minorities. It can be seen from the number of members of national minorities
employed in the civil service.
The Ombudsman, which is established to act as an institution for the protection of human
rights and fundamental freedoms, is also discriminatory to members of national minorities
because, also in this institution, positions are “reserved” only for members of constituent
peoples (one Bosniak, one Serb and one Croat). There are relevant statistics about the
number of submitted applications – cases where people seek legal aid from this institution and
about the number of cases addressed/recommendations made, especially the number of
property related applications lodged by Roma. However, it is not unusual that opinions and
recommendations of the institution are ignored by local authorities, which is an indication of
poor authority the institution has.
Since the moment of ratification of the Framework Convention the following can be
stated:
- The implementation of the Framework Convention in BiH is slow and it is not concrete.
- The Framework Convention has been applied to majority ethnic groups (constituent
peoples) that “have the feeling” they are minorities in the Entities (fortunately the new
amendments to the Constitution of BiH made them lose this privilege).
- The application of the Framework Convention and the Law on the Protection of
Members of National Minorities is conditioned by Constitutions and Laws of Bosnia and
Herzegovina.
- The implementation of the Framework Convention and presentation of related
«achievements» are used by Bosnia and Herzegovina in the international community
circles as a smokescreen for achieving «higher» goals by presenting untrue
information to the international public.
Roma of Bosnia and Herzegovina see the ratification of the Framework Convention and the
passage of the Law on the Protection of Members of National Minorities as a positive step in
the exercise and protection of human rights of members of national minorities and thereby
members of Roma population, although the Law does not determine or provide for solutions to
certain issues.
The public debate about the draft Law was used as an opportunity to win votes, especially in
election campaigns, by the proponents of the Law (there were four of them /4/: the
Parliamentary Assembly of BiH, the Speaker of Parliamentary Assembly as a separate
proponent, the Ministry for Human Rights and Refugees of BiH and a group of HDZ MPs).
This is also substantiated by the fact that members of national minorities were participants in
the public debate but their proposals for amendments to the draft Law remained only
proposals without the possibility of being incorporated in the Law, although they were
proposed by those for whom the law was enacted, particularly the proposals concerning the
participation in authorities, power sharing and introducing classes of the Romany language in
the curriculum.
So, according to the valid Law on the Protection of National Minorities, a member of any
national minority cannot exercise the right to representation in authorities of BiH, because that
matter is regulated in details in the Election Law of BiH, which provides that only members of
the majority peoples are eligible to candidate for higher Entity and State level positions, which
means discrimination of members of national minorities in BiH. Proportional representation
according to the overall number of population at the local, entity or state levels does not allow
representation of national minorities in authorities because, according to official statistics,
none of the national minorities has enough population to be represented in authorities
accordingly, because the Law on the Protection of National Minorities of Bosnia and
Herzegovina is based on the 1991 Census.
The only possibility is that all national minorities appoint one representative, which is not
acceptable to Roma as an adequate representation, because of earlier experience showing that
such representatives represent only their own national minority. An instance of such a
representation is President of the FBiH, Mr. Ejup Ganić, who declared himself as a member of
“Yugoslav” ethnic group that is not recognized as such by the Law on the Protection of
Members of National Minorities.
Rights that national minorities are entitled to pursuant to the Framework Convention were
mostly exercised by members of the majority–constituent peoples in communities where they
were minorities. In this way the constituent-majority peoples in BiH exercised both the rights
belonging to them as members of the majority and the rights belonging to them as members
of national minorities whereas national minorities over which the Law on the Protection of
National Minorities was enacted were denied the rights. For example, in order to address
issues surrounding rights of national minorities, international stakeholders (foundations and
donors) poured resources into BiH, but the resources were used up by members of majority
peoples who had the status of minorities in the Entities or declared themselves as members of
national minorities (although according to all characteristics they belong to the majority
peoples) in order to encroach a seat in parliament and then the MP would always vote for the
ethnic group he really belonged to.
Implementation of the Framework Convention on the Protection of National Minorities is
regularly conditioned by the Constitution, the Election Law and other legislation of Bosnia and
Herzegovina.
The BiH and Entity Constitutions under GFPA and the Election Law do not regulate national
minority issues in details but rather provide for other laws or regulations that should regulate
them and then the implementation of the Framework Convention is brought into question
because in Bosnia and Herzegovina, in spite of 3,000 valid laws, the same number of laws
lacks to govern some segments and matters in details.
The accession of Bosnia and Herzegovina to EU is conditioned by the protection of human
rights and freedoms and the Law on the Protection of National Minorities is presented as a
democratic step to that end, as well as the Council of Roma within the Council of Ministers of
BiH, when it comes to Roma.
Namely, Roma in Bosnia and Herzegovina established the Council of Roma of BiH as a
representative advisory Roma council. Through work of the Council of Roma, the Roma
Board within the Council of Ministers of Bosnia and Herzegovina was established.
The Roma Board of BiH was established in a decision of the Council of Ministers of BiH and the
members are appointed for a term of four /4/ years, which also implies the manner of funding
of the Board. The Board consists of the members of the Council of Roma (nine
representatives) and three /3/ representatives of relevant ministries at the Entity level and
three /3/ representatives at the state level.
The 2002-2006 Framework Plan and Action Plan of the Roma Board within the Council of
Ministers of BiH was submitted to the Council of Ministers of BiH and adopted. However, so
far, although more than 18 months have passed, a budget line for the Roma Board within the
Council of Ministers of BiH has not been opened yet. The balanced 2003 budget appropriated
30,000 KM for travel expenses, translation and publication of documents (the Law on the
Protection of Members of National Minorities was published in three local languages, English
and Romany), organization of a football match between Roma representations of BiH and
Hungary and reimbursement of 2002 travel expenses. Likewise, the Council of Roma of Bosnia
and Herzegovina, which was established on 11 November 2001, has a lot of troubles with
funding. The only financial resources they have received were those provided by Soros
Foundation (for the Assembly of NGOs, travel expenses of members of the Council incurred by
attendance of meetings – 5 meetings in 2003, including lunch – and equipment for the
Council's office at the end of 2003). When the Council of Roma was established, it was
promised to get regular funding and a budget line as a partner in addressing issues of Roma
in Bosnia and Herzegovina.
These two bodies are represented to the international organizations by local authorities as an
act of implementation of the Framework Convention (freedom of assembly and association),
whereas in the real socio-political life they do not pay any attention to or interest in
implementing the Framework Convention on the Protection of National Minorities. Nor are any
results of the implementation of the Law on the Protection of Members of National Minorities
seen (it came into force in May 2003). So far the only ministry that attaches any importance
to these bodies and accepts partnership relations with the Council of Roma and Roma Board
is the Ministry for Human Rights and Refugees of Bosnia and Herzegovina.
Authorities at all level of Bosnia and Herzegovina neither show any willingness to work with
local Roma communities nor accept any of the two Roma bodies (the Council of Roma and the
Council of Ministers of BiH Roma Board) as partners in the exercise and protection of human
right and freedoms of Roma in Bosnia and Herzegovina. The experience shows that in some
other countries in the region, these or similar bodies are funded by the State and its
ministries. In some countries separate funds are established to fund Roma related projects
and Roma NGOs.
The media in Bosnia and Herzegovina (we are talking about state and entity-owned public
information services) seem to have never heard of the Framework Convention on the
Protection of National Minorities. None of them has ever provided any slot in their programme
schemes to include any report, about either political or cultural matters, in languages of
minorities. The public information services are the best indicators of the respect for human
rights of national minorities in BiH and the implementation of the Framework Convention on
the Protection of National Minorities, because they are still in hands of constituent peoples,
who participate in sharing powers at all levels. Of course, nobody is exempted from the
obligation to pay TV tax.
Unlike state and entity-owned public information services, private radio and TV stations in the
City of Sarajevo, allotted slots to national minorities (Roma) to broadcast in their mother
tongue. Amongst them the «Studentski IFM» radio station is on the first place, allotting slots
to all national minorities that are interested in it. «Alfa» radio and TV station in Sarajevo and
«ASK radio» in Ilidza follow.
When we talk about the press, we should point out that they are as impartial as allowed to be
by “political people” who run them. The fact that is more noticeable than ever is that in all
news the name of person involved is accompanied with his/her nationality, especially if the
person has broken the law. However when somebody does a good deed, then his nationality is
not mentioned at all. That is how the media in Bosnia and Herzegovina build intolerance and
hatred of each nationality towards other. When a Roma man commits an offence or in any way
breaks the law, his nationality is emphasized and in the Federation of BiH the nationality is
emphasized when an offender is a Serb or in the Republika Srpska when the offender is a
Bosniak. However, in both Entitities Roma nationality is emphasized in a negative context. We
can state for a fact that in BiH the media are nationalistic and they will start performing proper
journalist job when nationalistic political parties leave the political scene, but unfortunately for
all citizens of Bosnia and Herzegovina, they are still in power.
In the long run Bosnia and Herzegovina will still not be a country in which human rights and
freedoms are not infringed or denied, and, in the long run, discrimination, national intolerance
and hatred, corruption and crime will still prevail, very often backed up by high officials of
State and Entity government and local self-government.
It is expected that the international community, governmental and non-governmental
organizations protecting human rights and freedoms will take actions to make Bosnia and
Herzegovina turn to humans as the earthly source of quality and capacity, requiring respect
and tolerance regardless of their colour, race, nationality or political affiliation, which,
unfortunately, will not be considered negligible in Bosnia and Herzegovina in a long while.
To put it simply, Bosnia and Herzegovina is still not a country with the level of conscience
adequate for European integration, with the level of civilized relations among people
where they respect each other as an equal human being.
Dervo Sejdić
Coordinator of the Council of Roma
Bosnia and Herzegovina
