Women's Empowerment and Equality in Bosnia and Herzegovina

JOURNAL ARTICLES AND BRIEFINGS

By: Maria Theresa Maan Bešić

September 2011

We often hear people say that women in Bosnia are the most elegant in the Southern Europe region. But this saying isn’t exactly true because it is only based on the rich Turkist minority who drives luxurious cars, and enjoys the pink side of life frequenting the most famous restaurants of the country’s capital.

But the less fortunate Bosnian women have to endure the tough discrimination of one of the most patriarchal country in the Eastern world. The Bosnia and Herzegovina government  doesn’t consider the women as a full citizen because the system is based on sexism,  discrimination.  And it is often said that: “A citizen in BiH is a male dominant and partrialcal”. The fact , the third CEDAW report states: “whichever denomination she belongs to, a BiH  woman is victim of gender discrimination in her contact with the personal status law”; adding that men in BiH are fully supported by the government while women and their rights are totally denied.

The discrimination of women in BiH appears in many ways. Violence against women, continues to be a widespread social problem in BiH, and serious violation of fundamental human rights and freedom of female violence victims/survivors. Despite intensive work and advocacy activities of NGOs across the country aimed at improving the legal and actual protection of women against violence in public and private spheres of life, this type of violence is still seen and tolerated as a socially acceptable behavior, and is justified by the traditional and patriarchal conceptions of the role and status of women in BiH society.

Thus, BiH still does not have a unified system of collecting and analyzing statistical data on domestic violence against women, both at the entity level and at the State level, as well as institutional services that would be able to provide comprehensive, sensitized, and professional support to women victims of domestic and other forms of gender-based violence. However, both entities adopted specific legislation on protection from domestic violence in 2005, the provisions of these laws have not been harmonized. Such situation causes legal security, unequal treatment before the law, and inability to provide appropriate protection to women and children victims of violence.

Second, discrimination against Roma women in exercising their right to education, employment, health and social care, as well as other rights contributes to their social exclusion in BiH. In general, a large number of Roma girls does not attend school and is mostly illiterate. Without formal education, Roma women have no chance to be employed, and therefore, have no chance to survive outside their communities, as they are totally economically dependent on their families, and very often exposed to various forms of violence. Public policies adopted by BiH in the field of gender equality and protecting women's human rights neither recognize the problems and needs of Roma women, nor provide for special measures aimed at prevention and elimination of double discrimination that Roma women are subjected to in BiH.

However, BiH made a significant progress with the adoption of the Gender Action Plan in 2006 to present , and the adoption of strategies and action plans at the state and entity levels aimed at promoting and realizing gender equality, and combating violence against women.

Third, small number of women present in politics and involve in good governance reform were is a limited cooperation between women politicians and activists in women groups.

Fourt, present of gender based biased of women in public services. These result in a gender biased distribution of public goods, in gendered stereotypes in service design, and in impunity for gender-specific abuses in service delivery, such as sexual harassment of women clients by public providers.

Fift, small women in labour market which until now, special provisions on non-discrimination have been incorporated into the general law. The amended Labour Law of the Federation of Bosnia and Herzegovina, as well as the labor laws of Republic of Srpska and of the District of Brcko, prohibits discrimination based on several grounds including sex.

Six, Women in Justice were fight against stereotypes is apart from the legislative barriers, stereotypes and a negative image of women make it impossible for women to benefit from equal opportunities. This image is deeply rooted in society and sometimes re-inforced by cultural differences, ethnic and/or racial discrimination.

Seven, small number of women in International Aid and Security Institutions. Despite the progress that has been realized in regards to development of the formal and legal framework and public policies in the field of promoting and protecting women's human rights, women in BiH do not have equal opportunities to participate and are under represented in political decision-making within the legislative, executive and judicial authorities at all levels. The State has failed to ensure the harmonization of the BiH Election Law with the Law on Gender Equality in BiH.

What are the solutions to overcome this problem and to achieve women empowerment in BiH.? A saying in English states: “When there’s a will there’s a way”. If all the Bosnia a and Herzegovina's women unify to overcome this problem, and try their best to amend solutions they WILL be able to do so.

These solutions are:
(1)There must be an appropriate steps to be taken to ensure that education, social welfare and health legislation within the State is reformed in order to include a gender perspective.
(2) Sustained efforts to ensure women included in the decision-making processes within commissions, delegations and all decision-making levels, and that women representatives throughout BiH should be included in the design of methodology and processes adopted by the commissions, bodies, policies and governments.
(3) Women's civil society groups should be given direct representation to OHR and other international organizations to consult on all matters that will enable compliance with UN SCR 1325 and other international laws, including specific recommendations for action by the OHR, OSCE, EUPM, UNDP and others.
(4)The BiH government must attend to the need for regular and periodic compilation of statistics for domestic violence and other forms of gender-based violence.
(5) The government of Bosnia and Herzegovina must undertake appropriate reforms of the legal framework, development of gender sensitive economic policies.
(6) And most importantly, to meet its international human rights obligations the government of BiH must do more to ensure that all levels of the government develop policies and practices to adequately resource women’s rights and the elimination of discrimination against women in all spheres of life.

The bottom line! though women suffer from discrimination in BiH awareness is increasing, I believe changes will come! And saying that I have a dream, that one day my son and daughter will have equal rights and opportunities and will both be considered in BiH as full citizen.

Finally, I have a dream, that one day such a subject won’t be given to students anymore, for it not being relevant.