Bosnia and Herzegovina

Bosnia and Herzegovina declared independence in 1992, although the State is still subject to a degree of international oversight under the terms of the 1995 Dayton Accords which marked the end of the 1992-95 Bosnian war and the break up of the former Yugoslavia.¹

Religious, ethnic, and national identity are interconnected in this volatile region, and the majority of the population makes no critical distinction between ethnic, confessional and national identities.² This association of identities means that one’s religious identity is considered of great importance, despite relatively low attendance at churches and mosques.³

The population is estimated to be around 3.2 million.⁴ According to the 2013 census (the most recent), the population is composed of 51% Sunni Muslims, 31% Serbian Orthodox Christians, 15% Roman Catholics, 3% of other belief groups. Of this 3%, 38,669 people self-declared as atheists or agnostics (27,853 atheists and 10,816 agnostics), which represents 1.09% of the total population.⁵

Constitution and government

Bosnia and Herzegovina (BiH) has an internal administration that is divided into two entities, the Bosnian Serb–majority Republika Srpska (RS), and the Bosniak-Bosnian Croat–majority Federation of Bosnia and Herzegovina (FBiH). The latter is divided into 10 cantons. The division of competencies between state-, entity-, and canton-level governments tend to obstruct key decision-making and enable the exploitation of various regulations and loopholes.⁶ The small, almost entirely self-governed area, Brčko District, is formally part of both the BiH and the FBiH.⁷

There is a Constitution for the nation and a separate Constitution for each of the two entities.⁸ Article 2 of the national Constitution⁹ addresses human rights and fundamental freedoms. It proclaims to “ensure the highest level of internationally recognized human rights and fundamental freedoms. To that end, there shall be a Human Rights Commission for Bosnia and Herzegovina”. Section 3 of article 2 guarantees “Freedom of thought, conscience, and religion.” Both entity constitutions also provide for the right to freedom of thought, conscience and belief.

The national law on religion (“law on freedom of religion and legal position of churches and religious communities in BiH”)¹⁰ formally recognizes “churches and religious communities.” Religious groups must register in order to gain official status as a religious community.

The Ministry of Justice keeps track of all religious communities. Requirements for registration include presenting statutes that define the method of religious practice and a petition for the establishment with the signatures of at least 30 founders. The ministry may deny the application for registration if it concludes the content and manner of worship may be “contrary to legal order, public morale, or is damaging to the life and health or other rights and freedoms of believers and citizens.”¹¹

The law on religion states that churches and religious communities must pay taxes and contributions on earnings of their employees (pension, health, and disability insurance). Registered religious groups have the right to do charity work, raise funds, and establish meeting places.¹²

The law recognizes the legal status of four “traditional” religious communities: the Islamic Community (IC), Serbian Orthodox Church (SOC), Catholic Church, and the Jewish community. Unregistered belief organizations may assemble and practice their beliefs, but don’t enjoy the privileges of recognized religious groups.¹³

The Ministry of Human Rights and Refugees (MHRR) is responsible for documenting violations of religious freedom.

Pursuant to a 2015 decision of the High Judicial and Prosecutorial Council, employees of judicial institutions are prohibited from wearing any form of religious insignia in the workplace, including headscarves, and are prohibited from openly practicing religion at work, such as by praying or proselytizing.¹⁴

Enforcing religious homogeneity

Additionally, Article 18 of the national law on religion states that,

“(a) new church or religious community may not be founded bearing the same or similar name as that of an existing church or religious community. No one may use the symbols, insignia or attributes of church or a religious community without the said religious community’s or church’s consent.”¹⁵

Such laws mean that groups who want to distinguish themselves either religiously, socially, or politically are not allowed to operate freely. The orthodoxy of each religion has ownership and copyright protection of their religions. This may contribute to hindering reform or diversity within each religious tradition.

For example, the State provides a monopoly of religious authority to the Islamic Community (IC), it recognizes the organization as the sole institutional religious authority for all Muslims in the country, including immigrants. A Muslim group requires permission from the Islamic Community to register or establish a mosque.¹⁶ This limits the freedom of groups not aligned with the Islamic Community to organize and operate independently.

The Islamic Community continues efforts to persuade unregistered Islamic groups who operate independently, to cease “unsanctioned” religious practices and merge with the Islamic Community.¹⁷

Political feudalism

The BiH Constitution provides for representation of the three major ethnic groups – Serbs, Croats, and Bosniaks – in the government and armed forces. The Constitution makes no explicit mention of representation for religious groups, although the ethnic groups mentioned by the Constitution are each associated with a particular religion (Serbian Orthodoxy, Catholicism and Islam respectively). The country’s Constitution divides the seats of the House of Peoples – one of two houses of parliament – between the three major ethnic groups, citizens from other ethnic minorities are constitutionally excluded. Additionally, certain government offices are reserved for their members according to quotas. The presidential office is also occupied by three presidents that rotate periodically, one Bosniak, one Croat, and one Serb.¹⁸

A decision by the European Court of Human Rights in 2009 called for members of minority groups to be allowed to run for president and the House of Peoples. However, change is yet to be implemented.¹⁹ Recent discussions at the national level have shown a push for constitutional reform to address discrimination against minorities, including ethnic and religious minorities. In 2021, the European Commission stressed the need for Bosnia to advance its anti-discrimination legislation to meet EU accession requirements, particularly concerning the representation of minorities in government positions.²⁰

Each of the major political parties remains split across ethnic-sectarian lines. The largest ethnic Bosniak parties align with the Islamic Community (IC), the largest ethnic Croat parties with the Catholic Church, and the two largest ethnic Serb parties with the Serbian Orthodox Church (SOC).²¹ According to the Organization for Security and Co-operation in Europe (OSCE) that undertook an observer mission during the 2022 general elections, “increasing segmentation along ethnic lines and the corresponding divergent views on the future of the country remain a concern for the functioning of democratic institutions.”²²

Education and children’s rights

More than 50 schools in the country are segregated by ethnicity and religion. The “two schools under one roof” system is used to segregate children from each other according to their ethnic and religious background. Many schools are divided in two by entrance, classroom, teacher, and curricula. In 2023, the Organization for Security and Co-operation in Europe (OSCE) called for immediate reforms to this system, urging an end to the practice as part of wider efforts to promote inter-ethnic cohesion.²³

The laws across the country’s different jurisdictions affirm the right to religious education. The different religious authorities, Islamic Community (IC), Serbian Orthodox Church (SOC), and Catholic Church develop and approve the religious curricula. Students can choose between religious education or a course in ethics. If a school does not offer an ethics course, students can opt out of religious education. Reports show that parents often send their children to religious education classes to avoid social stigma and peer pressure.²⁴

Representatives from officially registered religious communities teach religious studies in all schools. A minimum of 18 children from the same minority religious group in one class is needed for a course to be offered specifically to them. The teachers are employed by the school, despite being selected and trained by their respective communities. Teachers receive accreditation from the religious body governing the curriculum.²⁵

The universities in BiH are also segregated along ethnic lines. The eight public universities in BiH, according to reports, contribute to reinforcing prejudice and discrimination in their curricula, diplomas, and school activities.²⁶

Child Marriage

While the Family Law act states a minimum age of 18 for marriage, courts can authorize marriages from 16 years old. 4% of girls in BiH marry before the age of 18. These child marriages are more common for girls among the Roma community, and are influenced by perceptions of daughters as less valuable than sons, family poverty and lack of education.²⁷

Family, community and society

Discrimination against minorities

There are numerous reports of attacks on ethnic and religious groups who are in the minority in a given area. It is reported that police are reluctant to investigate potential hate crimes targeting minority communities and that there is a lack of adequate representation by minority members within law enforcement organizations.²⁸

Members of minority ethnic groups, many returning to their homes after being displaced during the war, also face discrimination in employment, education and social services. in both the government and private sectors. Despite laws prohibiting some forms of discrimination, human rights activists complain that authorities do not adequately enforce the law.²⁹ The OSCE recorded 88 hate crimes between January and August 2023, which were mostly based on ethnicity and religion.³⁰ There is also widespread discrimination against members of the Romany minority.³¹

Women’s Rights

Women and girls in BiH face a harsh patriarchal society, where sexism is prevalent in all aspects of life. Domestic violence is normalized and often goes hidden and unpunished when reported, with the government ill equipped to handle such cases and unwilling to prioritize them. Despite ratifying the Istanbul Convention in 2013,³² BiH have not adopted legislative measures to prevent, investigate, and punish acts of gender-based violence.³³

According to 2020 OSCE data, 48% of girls and women older than 15 had suffered gender-based violence and 84% of women who suffered violence did not report it to police as they considered the violence not to be severe enough or because they believed it to be a family matter. NGOs report that authorities often return offenders to their homes less than 24 hours after a violent event, prioritizing the perpetrators’ housing over the safety of their victim.³⁴

Sexual health and reproductive rights

There is no adequate healthcare and sex education accessible to young people. Sex education and contraception are surrounded by taboo. Female contraception is fairly expensive, only 12% of women of reproductive age use modern contraception with the highest rate in the richest quintile and educated women. Prejudices, misconceptions, and poor knowledge about significance as well as the high price of modern contraception are key factors for such a low use. Comprehensive sex education is not offered.³⁵

Abortion is available up to 10 weeks of pregnancy in BiH, and after 10 weeks it is available with the approval of a committee. Yet access to abortion services is limited and there are significant barriers associated with the costs. There are also instances of doctors refusing to carry out abortions on grounds of personal belief and in Republika Srpska the law provides a conscientious objection clause.³⁶

LGBTI+ Community

There has been gradual progress on LGBTI+ rights in BiH over the last decade, with EU accession conditions a motivating political factor.³⁷ Same-sex relations are legal and discrimination based on sexual orientation and gender identity are prohibited.³⁸

However, same-sex marriage is still unrecognized and there is a lack of protection for the LGBTI+ community³⁹ which experiences targeted attacks.⁴⁰

Historically opposed, the country’s religious groups have converged in their opposition to LGBTI+ rights and joined forces with nationalist political parties to stall progressive initiatives.⁴¹ In 2023, following an attack on an LGBTI+ activists in the city of Banja Luka, the President of Republika Srpska announced a plan to ban LGBTI+ content from school textbooks and LGBTI+ activists from entering schools.⁴²

Freedom of expression, advocacy of humanist values

Media Freedom

Bosnia and Herzegovina is ranked 81st out of 180 countries in the 2024 World Press Freedom Index. The country’s polarized political climate and nationalist rhetoric create an environment where editorial policies are often influenced by ethnic divisions, and hate speech is evident.⁴³ Journalists face threats, harassment, and are targeted with attacks due to their ethnic origins or coverage that challenges powerful interests.⁴⁴ Authorities frequently obstruct journalists’ work, accusing them of “inaccurate and malicious reporting”,⁴⁵ while the recent recriminalization of defamation in Republika Srpska has further encouraged self-censorship – especially for investigative journalists. This fragmented and pressured media landscape mirrors broader ethnic and religious divides in Bosnian society, overshadowing individual freedoms, including press freedom, and particularly affecting women journalists.

Freedom of assembly and association

The right to protest peacefully is generally respected. However, there are some reports of demonstrators facing administrative obstacles or police violence. Protest organizers can also become targets of police or political harassment.⁴⁶

While there is a strong civil society sector in the country, there are incidents of government interference with the environment being more challenging in the Republika Srpska.⁴⁷

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