BiH: action for women victims of war crimes urgent

News release

Geneva/Sarajevo, 30 July 2013

TRIAL welcomes the concluding observations published by the UN today calling on Bosnia and Herzegovina (BiH) to respect without delay the rights of women victims of war crimes, relatives of missing persons and victims of sexual violence during the war. In its concluding observations, the UN Committee on the Elimination of Discrimination against Women took into account most of TRIAL’s recommendations. BiH has now two years to report on the measures adopted to implement these recommendations by reforming its legislation and practices to fit international requirements. This process will be closely followed by TRIAL and local NGOs.

TRIAL and ten local associations working with victims of sexual violence during the war and relatives of missing persons in Bosnia and Herzegovina (BiH) welcome the conclusions of a key UN body about war crimes against women in BiH. The Committee on the Elimination of Discrimination against Women (CEDAW) took into account most of TRIAL’s recommendations submitted a few weeks ago in a report. Indeed, the CEDAW’s concluding observations published today express deep concern at the slow pace of prosecutions and very low level of conviction rates of perpetrators of sexual violence which result in pervasive impunity; the inadequate codification in domestic legislation of acts of sexual violence as war crimes and crimes against humanity; the long delays in adopting measures to address the needs of a large number of women victimized by the conflict; the lack of adequate victim reparation in war crime trials; the deficiencies of witness protection measures in cases prosecuted at district and cantonal levels; women’s inadequate and unequal access to compensation, support and rehabilitation measures; the lack of access to free legal aid throughout the country; and the lack of measures to address the systematic stigmatisation faced by women victims of war-time sexual violence.

«Criminal legislation on sexual violence is not yet in accordance with international standards in BiH. Victims lack any form of compensation and redress, and the majority of perpetrators of sexual violence during the war still enjoy impunity», says Selma Korjenic, TRIAL sexual violence program manager in BiH. «We welcome the very serious look the UN took at the issues of accountability and access to justice in BiH and hope it will lead to concrete changes for the victims».

CEDAW’s concluding observations follow the report recently published by the UN Special Rapporteur on Sexual Violence after her first visit in BiH in November 2012. Both UN bodies stressed that BiH must respect without further delay the rights of women victims of sexual violence during the war and of relatives of missing persons.

BiH now has to submit follow-up information to CEDAW by 26 July 2015 on the measures taken to implement its recommendations. TRIAL urges the authorities to ensure that both recommendations from the CEDAW and the Special Rapporteur on Violence against Women are promptly implemented.

«Despite years of work and promises, the issue of justice for war crimes is not yet efficiently enough addressed in BiH. Four major legislative initiatives that would concretely benefit victims of torture, relatives of missing persons, and women victims of sexual violence during the war remain pending. It is now time for BiH authorities to take action and show results and we will closely follow this process», says Adrijana Hanusic, TRIAL Legal adviser.