Commitment to the Convention on Cluster Munitions

Policy

Bosnia and Herzegovina (BiH) signed the Convention on Cluster Munitions on 3 December 2008 and ratified on 7 September 2010. It became a State Party on 1 March 2011.

National legislative measures to implement and enforce the Convention on Cluster Munitions are being considered.[1] In September 2012, BiH described draft demining legislation as “fully complementary with the Convention on Cluster Munitions.”[2]

BiH submitted its initial Article 7 report for the Convention on Cluster Munitions on 20 August 2011 and an annual updated report on 4 May 2012. As of 15 July 2013, it had not submitted its annual updated report for 2012, which was due by 30 April 2013.[3]

BiH actively participated throughout the Oslo Process that created the Convention on Cluster Munitions, making strong contributions based on its experience as a country affected by cluster munitions and declaring a national moratorium on cluster munition use prior to the conclusion of the process.[4]

BiH continued to engage in the work of the convention in 2012 and the first half of 2013. It attended the convention’s Third Meeting of States Parties in Oslo, Norway in September 2012 and the convention’s intersessional meetings in Geneva in April 2013, where it made statements on its clearance and victim assistance efforts. BiH participated in a regional workshop on implementation of the Convention on Cluster Munitions held in Skopje, FYR Macedonia on 13–16 May 2013.

Together with Afghanistan, BiH served as co-coordinator on victim assistance in 2012 and 2013. At the intersessional meetings in April 2013, a cluster munition survivor on the BiH delegation helped to co-facilitate a technical workshop on victim assistance, and BiH gave further updates on its clearance and risk reduction work.[5]

BiH has not made a national statement to express its concern at Syria’s use of cluster munitions, but voted in favor of a UN General Assembly (UNGA) resolution on 15 May 2013 that strongly condemned “the use by the Syrian authorities of…cluster munitions.”[6]

Landmine Survivors Initiatives, the CMC’s BiH member, held an event on 1 August 2012 to commemorate the Convention on Cluster Munitions.[7]

Interpretive issues

In July 2011, the director of the department of conventional weapons of the Ministry of Foreign Affairs expressed the ministry’s views on a number of issues important for the interpretation and implementation of the convention. On the prohibition on assistance with prohibited acts during joint military operations or “interoperability,” the Ministry of Foreign Affairs stated that, “under the same Article 21, para 3, we may engage in joint military operations with non-states Parties that might engage in activities prohibited by the Convention, however our personnel or nationals should not provide assistance with activities prohibited by the Convention.”[8]

According to the Ministry of Foreign Affairs, the “transit of cluster munitions across, or foreign stockpiling of cluster munitions on, the national territory of States Parties is prohibited by the Convention.”[9] The ministry, however, noted that it does not have “access to or information on weapon types” stockpiled in European Union Force (EUFOR) military bases “on our territory.”[10] In May 2013, a Ministry of Defense official said the Ministry has not inquired about the status of any foreign cluster munitions stored on EUFOR military bases in BiH.[11]

The Ministry of Foreign Affairs has also stated that it considers “investment in the production of cluster munitions to be prohibited.”[12]

BiH is a State Party to the Mine Ban Treaty. It is also party to the Convention on Conventional Weapons.

Use, production, and transfer

Yugoslav forces and non-state armed groups used available stocks of cluster munitions during the 1992–1995 war. The various entity armies inherited cluster munitions during the break-up of the Socialist Federal Republic of Yugoslavia.

In its initial Article 7 report, BiH declared, “There are no production facilities for CM [Cluster Munitions] in Bosnia and Herzegovina.”[13]

BiH has acknowledged that it produced cluster munitions for a period of 11 years and stated in 2007 that production had ceased.[14] BiH produced KB-1 and KB-2 submunitions for the Orkan multi-barrel rocket system, artillery projectiles, and mortar bombs.[15] The production capacity included the ability to manufacture KB-series submunitions and integrate them into carrier munitions such as artillery projectiles and rockets.[16] According to Jane’s Information Group, the Ministry of Defense has produced the 262mm M-87 Orkan rocket, with each rocket containing 288 KB-1 dual-purpose submunitions.[17] Jane’s also lists BiH Armed Forces as possessing KPT-150 dispensers (which deploy submunitions) for aircraft.[18]

Stockpiling

BiH once possessed a stockpile of 445 cluster munitions and 148,059 submunitions.[19] This includes four M-93 120mm mortar projectiles containing 92 submunitions that were discovered after the 2011 completion of stockpile destruction.[20]

Cluster munitions stockpiled by BiH[21]

Destruction

Under Article 3 of the Convention on Cluster Munitions, BiH is required to destroy all stockpiled cluster munitions under its jurisdiction and control as soon as possible, but not later than 1 March 2019.

At the Third Meeting of States Parties in September 2012, BiH announced, that “We have fulfilled all obligations relating to Article 3” of the Convention on Cluster Munitions “by destroying all known and reported stocks of cluster munitions in 2011.”[22]

Almost all of the BiH stockpile of cluster munitions was destroyed in 2011, a total of 441 cluster munitions and 147,967 submunitions. From August to December 2011, three types of stockpiled cluster munitions and their submunitions were destroyed: 52 M-93 120mm mortar bombs, 56 M-87 262mm rockets, and 321 BL-755 bombs.[23] From 20 May to 30 June 2011, BiH destroyed 12 M-87 Orkan 262mm rockets and 74,721 KB-1 submunitions.[24]

In April 2012, BiH informed States Parties that four M-93 120mm mortar bombs containing 92 submunitions discovered after the 2011 stockpile destruction would be “destroyed accordingly.”[25] In May 2013, the Ministry of Defense informed the CMC that the destruction was approved, but the cluster munitions had not been destroyed yet.[26]

Retention

BiH has formally declared that it will not retain any cluster munitions for research or training purposes as permitted by Article 3 of the Convention on Cluster Munitions. Both Article 7 reports state that “Ministry of Defense and Armed Forces of Bosnia and Herzegovina are not planning to keep in possession the cluster munitions that will be intended for the purpose of training and education.”[27]

 

Contamination and Impact

Bosnia and Herzegovina (BiH) is heavily contaminated with mines and explosive remnants of war (ERW), including cluster munition remnants, primarily as a result of the 1992–1995 conflict related to the break-up of the Socialist Federal Republic of Yugoslavia.

Mines

The parties to the conflict placed mines extensively along confrontation lines to block troop movements as well as around strategic facilities, but the front lines moved frequently, leaving contamination that is extensive and generally of low density.[1]

The BiH Mine Action Center (BHMAC) reported total contamination of 1,263km² at the end of 2012, about 6% less than a year earlier, and said this included 9,802 suspected micro-locations. Of the total area, 278km² was priority category I, 352km² was category II, and 633km² was category III.[2]

Most minefields are in the zone of separation between BiH’s two political entities—the Federation of Bosnia and Herzegovina (FBiH) and Republika Srpska (RS)—which is 1,100km long and up to 4km wide, but mines were placed throughout the country in all types of soil and vegetation. In southern and central BiH, mines were often used randomly, with few records kept. Some of the affected territory is mountainous or heavily forested, but the fertile agricultural belt in Brčko district is one of the most heavily contaminated areas.[3]

A general assessment completed in 2012 identified 1,417 communities and a population of 540,000 as affected by mines, including 136 communities (10%) and 152,000 people at high risk, and 268 communities (19%) with a population of around 180,000 at medium risk. The remaining 1,013 communities (71%) were low risk.[4] BHMAC identified returnees previously displaced by conflict from their communities as comprising about two-thirds of those affected.[5]

Cluster munition remnants

Aircraft of the former Yugoslav republic dropped BL-755 cluster bombs in the early stages of the 1992−1995 war, and there are indications that cluster bombs were subsequently used by NATO forces in Republika Srpska.[6]

The first phase of a general survey completed by Norwegian People’s Aid (NPA) in 2011 identified 140 areas hit by air strikes and artillery, with an estimated total of 3,774 submunitions; additional contamination was located around a former ammunition factory at Pretis that was hit by a NATO air strike, scattering submunitions in the surrounding area. The survey identified 669 suspected hazardous area (SHA) polygons covering a total of 12.18km², of which 3.23km² is believed to be high-risk. Some 5km² is contaminated by artillery-delivered submunitions, 3.9km² by BL-755, and 3.1km² by KB-1 submunition remnants.[7] SHAs were found in 39 municipalities, but 43% of the total SHA was located in the municipalities of Bužim, Cazin, Gornji, Tešanj, Travnik, Vakuf, and Vareš, with a total population of more than 226,660 inhabitants. Total cluster munition casualties recorded in BiH between 1992 and 2010 amounted to 42 people killed and a further 181 injured. Agricultural land and forest make up more than 82% of the total SHA, with land needed for housing and reconstruction accounting for another 15%.[8]

Other explosive remnants of war

Demining operations in BiH continue to clear scattered unexploded ordnance (UXO). In addition, BiH has an area of more than 1km² in the vicinity of Zunovica, Hadzici where a Yugoslav National Army barracks and ammunition storage area was bombed in 1995. As of March 2012, the type of contamination had not been identified.[9]

Mine Action Program

Key institutions and operators

The Demining Commission, under the BiH Ministry of Civil Affairs and Communication, supervises the state-wide BHMAC and represents BiH in its relations with the international community on mine-related issues. The Demining Commission’s three members, representing BiH’s three ethnic groups, propose the appointment of BHMAC senior staff for approval by the Council of Ministers, report to the council on mine action, approve the accreditation of demining organizations, and facilitate cooperation between the FBiH and RS. The Demining Commission mobilizes funds for mine action in cooperation with the Board of Donors which includes the embassies of donor governments, the European Union (EU), the UN, and the International Trust Fund for Demining and Mine Victims Assistance (ITF).^[10] Members of the Demining Commission are from three ministries: the Ministry of Security, the Ministry of Foreign Affairs, and the Ministry of Internal Affairs.[11]

BHMAC, established by the Decree of the Council of Ministers in 2002, is responsible for regulating mine action and implementing BiH’s demining plan, including accreditation of all mine action organizations.[12] BHMAC operates from its headquarters in Sarajevo and through two entity mine action offices—formerly autonomous entity mine action centers—and eight regional offices. The two entity offices coordinate the activities of regional offices in planning, survey, and quality control/assurance. Quality assurance inspectors are based in the regional offices.[13]

 

Since 2008, BiH has prepared to introduce new legislation intended, among other objectives, to provide a stable platform for mine action funding by the government and local authorities and to provide for municipalities taking greater responsibility for planning and implementing risk education.[14] However, a draft law prepared by the Ministry of Civil Affairs with support from BHMAC and UNDP, and first submitted to parliament in February 2010, failed to gain parliamentary approval in 2012.[15]

The BiH Mine Action Strategy 2009–2019 sets the target of becoming free of mines by 2019 and identifies seven “strategic goals,” including “elimination” of the mine threat, funding, risk education, victim assistance, technical development and research, and advocacy. BHMAC conducted the first of three planned revisions of the strategy in 2012 (the other two are due in 2015 and 2017). As of mid-2013, the revised draft was awaiting approval by the Demining Commission.[16]

In 2013, BHMAC was also drafting new standing operating procedures for non-technical survey which were expected to help accelerate cancellation of SHAs and land release.[17]

BiH identifies three categories of hazard: (1) areas used by the local population, land that is used occasionally, and locations with resources required for economic development; (2) locations that are used occasionally or are located on the edge of first priority hazards; and (3) remote areas along former confrontation lines, without known minefields but with possible ERW and unused by the local population.[18] The first and second categories are to be released through clearance and general and technical survey, supported by permanent marking and risk education. The third category of hazard will be dealt with by permanent marking, risk education for local communities, and the introduction of a law imposing penalties for trespassing on marked and fenced land.[19]

Land Release

BiH released a total of 77.24km² in 2012, 25% less than the previous year and little more than half the amount planned for the year. Of the total, nearly 90% (68.48km²) was cancelled through non-technical survey. A further 7.46km² was released through technical survey, less than in 2011, while full clearance accounted for 1.3km², about one-third of the previous year’s result.[20]

 

Five-year summary of clearance

Survey in 2012

BHMAC, supported by 15 NPA surveyors seconded to its regional offices, conducted general and technical survey over a total area of 174.24km² in 2012, about 90% of the target (195.15km²), releasing 77.24km², most of this by non-technical survey (89%). A further 97km² was earmarked for further investigation or clearance.[21] NPA conducted non-technical survey on 127 tasks, cancelling 16.9km². Working with a mixture of mechanical units, mine detection dog teams, and manual demining teams, it also conducted technical survey on 12 tasks in Bosanska Posavina and Sarajevo canton, releasing 1.39km².[22]

Release of SHAs/CHAs containing mines in 2012

Mine clearance in 2012

BiH had 30 organizations accredited with BHMAC for demining at the end of 2012 with a total staff of 1,300, including 1,050 deminers. However, only 16 organizations participated in clearance operations in 2012, down from 22 the previous year. More than half of them engaged in small tasks, clearing less than 100,000m² (0.1km²) in the year.

 

Overall, operators cleared a total of 1.3km², well below the 2009–2019 Mine Action Strategy target of 9.27km², and little more than a quarter of the operation’s plan for 2012. This included 44 ITF-funded tasks covering a total of 586,079m².[23] Operators conducted 101 technical survey tasks on 8.76km², resulting in the release of 7.46km² and placed permanent marking on an area of 7.38km², less than a quarter of the planned activity.

BHMAC attributed the shortfall to lack of funding.[24] It said it had planned mine action expenditure of BAM80.15 million (US$52.7 million), but actual spending had amounted to less than half that figure (42%), reaching only BAM33.54 million ($22.05 million), of which BAM16.88 million ($11.1 million) (50.3%) came from national sources and the balance from international donors.[25]

Mine clearance in 2012[26]

Compliance with Article 5 of the Mine Ban Treaty

Under Article 5 of the Mine Ban Treaty (and in accordance with the 10-year extension request granted in 2008), BiH is required to destroy all antipersonnel mines in mined areas under its jurisdiction or control as soon as possible, but not later than 1 March 2019.

In 2012, as in all the years since it received the extension to its Article 5 deadline, BiH fell far short of its land release targets. As a result, four years into its extension period, BiH had achieved only 70% of the land release planned for this period and barely a quarter of the planned clearance.

Article 5 land release targets and results

BHMAC believes amendments to the standing operating procedures for mine action, under preparation in 2013, will help to accelerate survey and land release, but it is clear that the main obstacle to progress is funding. BiH expressed concern at what it sees as a downward trend in donor interest and support, but BHMAC also reported the biggest financial challenge was a shortfall in domestic funding amounting to BAM39.55 million ($26 million) in 2012, representing about half the budget projected for that year. The government had said it would seek to tap additional domestic sources and the EU to give mine action more momentum and to help raise counterpart funds, but as of April 2013 the financial outlook looked uncertain.[27]

Clearance of cluster munition contaminated areas in 2012

NPA, the only operator accredited in BiH for clearance of cluster munitions, started technical survey and clearance in 2012, releasing a total of 2.03km², 92% of this through non-technical and technical survey.[28]

Release of SHAs/CHAs containing cluster munition remnants in 2012

U-SUBS = unexploded submunitions

In 2013, NPA expected to release about 3.2km² of cluster munition-affected land, of which about 2.2km² was to be through non-technical survey and the rest through technical survey and clearance.[29]

Compliance with Article 4 of the Convention on Cluster Munitions

Under Article 4 of the Convention on Cluster Munitions, BiH is required to destroy all cluster munition remnants in areas under its jurisdiction or control as soon as possible, but not later than 1 March 2021. The government has not assigned responsibility for clearing cluster munitions, but NPA is supporting BHMAC in deciding how to address the problem.^[30]

The limited extent of submunition contamination and the rate of progress made in survey and clearance suggests BiH should be able to fulfil its Article 4 obligations within the initial 10-year deadline. BHMAC hopes it can complete clearance of all known cluster munition contamination within three years.[31]

Quality management

BHMAC had 12 inspectors and 28 consultants engaged in quality management in 2012, conducting 2,910 inspections, far fewer than in 2011 and little more than one-third of the planned number. Tests of 842 detectors found 64 (8%) that were not working. Inspectors also tested 105 mine detection dog teams, passing 88 of them and failing 17. They also conducted an evaluation of the mechanical assets of 21 accredited operators.[32]

Safety of demining personnel

BHMAC did not record any demining accidents or injuries in 2012.[33]

 

Summary action points based on 2012 findings

·         Despite legislative changes, more progress needs to be made in improving services for persons with disabilities including survivors.

·         Discrimination based on the cause of disability persisted and needs to be addressed, as certain categories of civilians with disabilities were not receiving adequate assistance.

·         Ongoing monitoring of the implementation of the victim assistance strategy is required.

Victim assistance commitments

Bosnia and Herzegovina (BiH) is responsible for significant numbers of landmine survivors, cluster munition victims, and survivors of other explosive remnants of war (ERW) who are in need. BiH has made commitments to provide victim assistance through the Mine Ban Treaty and Convention on Conventional Weapons Protocol V, and has victim assistance obligations under the Convention on Cluster Munitions.

Casualties

Casualties Overview

Details and trends

In 2012, the Bosnia and Herzegovina Mine Action Center (BHMAC) reported 12 mine/ERW casualties in BiH.[1] The 2012 casualty total was significantly less than the 22 mine/ERW casualties recorded in 2011[2] but was similar to the 14 recorded for 2010 and represented a continuing decrease in annual casualties from all other years. All casualties recorded in 2012 were civilians: 10 adult men, one woman and a boy. This marked 2012 as the first year since the end of the conflict that there were no casualties among deminers.

For the period 1992–2012, BHMAC recorded a total of 8,075 mine/ERW casualties: 1,801 killed, 5,822 survivors, and 452 unknown. From 1997 to the end of 2012, BMAC recorded 113 casualties among humanitarian deminers.[3]

Cluster munition casualties

BiH reported having identified 231 cluster munition casualties (43 killed, 188 injured) for the period 1992–2012. Most of these casualties were killed or injured during the war, but it was not reported how many of these casualties occurred during strikes or from unexploded submunitions.[4] At least 86 casualties during cluster munitions strikes were identified in BiH in 1995.[5]

Victim Assistance

There were at least 5,822 mine/ERW survivors in BiH.

Victim assistance since 1999[6]

From 1999–2004, most victim assistance targeting mine/ERW survivors was provided by international NGOs without adequate coordination, often resulting in unsystematic service provision. As post-conflict funding for NGO efforts began to wane after 2004, so did the international support for victim assistance. In 2009, a centralized database on survivors was developed from data provided by national and international NGOs, but the final database was found to be incomplete and inconsistent.

Medical assistance has been adequate since 2004, despite an overall dependence on international aid as a result of the conflict. Improvements have mainly been made in emergency response services, again due to international donor contributions. During the period, the quality of physical rehabilitation services remained variable, but overall satisfactory, despite incomplete rehabilitation teams, a lack of personnel trained to international standards, and a complex bureaucracy.

Government capacity to finance rehabilitation services has improved since 1999. State-run social centers and a network of community-based rehabilitation (CBR) centers created since 1998 provided psychosocial support as well as physical rehabilitation. These continued to endure a lack of capacity and community awareness. NGOs also provided this type of support.

Persistent gaps in economic reintegration remained during the entire period, partly due to high unemployment in general and unemployment of persons with disabilities at around 85%. Almost all of the economic reintegration activities were carried out by NGOs. However, the two entity governments introduced specific funds for persons with disabilities in 2007 and in 2011. Disability legislation existed but was not sufficiently enforced. Services for disabled military persons and pensioners were better than those for civilians.

Victim assistance in 2012

A decrease in all services provided by NGOs continued in 2012, mainly linked with the ongoing decline in international funding; however, there were continued improvements in the quality and availability of state services.

Assessing victim assistance needs

The national database maintained by BHMAC includes a survivor needs assessment compiled in 2009. Data was available for use by victim assistance service providers on request. Some data lacked detailed information on aid received, their age and sex, their needs, as well as their education, occupation, employment, and family members.[7]

Victim assistance coordination[8]

Coordination through the Landmine Victim Assistance (LMVA) Working Group, hosted by BHMAC, primarily consisted of information sharing by victim assistance actors. The main tasks of the LMVA Working Group were to promote the needs of survivors and the coordination, monitoring, and approval of the implementation of those victim assistance projects that received international donor funding. The group was also involved in the approval of statements for international meetings.[9]

The Victim Assistance Sub-Strategy 2009–2019 did not contain measurable or time-bound goals and objectives for monitoring.[10] A 2012 UNDP report noted that “the Landmine Victim Assistance Sub-strategy needs to be reviewed in order to transform it into a more viable and operative tool with clear targets, attainable goals and clearly defined responsibilities if it is to become an effective tool for addressing the needs of these victims.”[11]

Three regular meetings, sponsored by BHMAC of the LMVA Working Group, were held in 2012 the same as in 2011. Another special meeting was held in conjunction with a three-day workshop to revise the Victim Assistance Sub-Strategy 2009–2019. The meeting was funded by the ICRC. Government representatives of the key institutions dealing with these issues related to victim assistance participated in the workshop as well as civil society. The revised strategy remained in draft form as of May 2013.[12]

There is no body with a mission to monitor the implementation of the sub-strategy, and NGOs were not actively monitoring it. BHMAC itself does not have a monitoring mechanism to follow the implementation of the sub-strategy and all information related to implementation of the sub-strategy was obtained from voluntary reporting of NGO activities. BHMAC is not authorized to monitor the government activities in regard to the implementation of relevant legislation. However, other actors in the government sector regularly report on the progress of the implementation of legislation.[13]

BiH submitted a written statement on victim assistance at the Third Meeting of States Parties to the Convention on Cluster Munitions in Oslo in September 2012. By 1 July 2013, BiH had not submitted Mine Ban Treaty or Convention on Cluster Munitions Article 7 reporting for calendar year 2012.

Participation and inclusion in victim assistance

Mine/ERW survivors and their representative organizations were included in the LMVA Working Group and survivors were included in the implementation of services through NGOs.[14]

A survivor was included in the delegation of BiH at the intersessional meetings of the Mine Ban Treaty in June 2012 and in the delegation of BiH at the intersessional meeting of the Convention on Cluster Munitions in April 2013.

Service accessibility and effectiveness

Victim assistance activities[15]

Emergency and continuing medical care

According to the European Commission (EC), corruption in public procurement is widespread and is a serious problem; there is also a special risk of corruption in public health services.[16]

In the Republic of Srpska in 2012, state co-payments for medical services for the civilian victims of war were reduced as a result of regulatory changes in the delivery of health services. These changes did not affect children.[17]

Rehabilitation including prosthetics

There were few changes in the quality and quantity of services providing orthopedic and prosthetic devices in 2012. However, in recent years there was an overall increase in the number of service providers, with new or renovated Centers for Rehabilitation and Centers for Mental Health, and an improvement in quality through staff training.[18]

Production of initial prostheses for survivors in the Republic of Srpska is only done in Banja Luka, which creates additional costs for those who have to pay for their own travel expenses because these are not covered by the fund for health insurance. The deadline for obtaining new replacement prosthesis with health insurance was extended from 36 months to 48 months, while for the people over 65 years old the prosthesis is valid for 60 months.[19]

Social and economic inclusion and psychological support

A law entitled Professional Rehabilitation and Employment of Persons with Disabilities in the Federation of BiH, passed in February 2010, allows for a specific fund to support the law’s implementation.[20] Implementation of legislation ensuring the right to employment for persons with disabilities in the Federation of BiH was slow.[21]

Laws and policies

Little progress was made in promoting the rights of persons with disabilities. [22] The Council for Persons with Disabilities includes 10 representatives of persons with disabilities and 10 representatives of state and entity ministries. There are no representatives of mine survivors in the council. NGO’s lobbied for improvement and implementation of the legal framework. Legislation was reportedly relatively well-regulated but is not actually implemented in practice.[23]

In Republika Srpska, the Law on Social Protection entered into force in May 2012. In the Federation, the Law on Payment of Outstanding Benefits was adopted. The Federation of BiH has a strategy for people with disabilities (2010–2014) and Republika Srpska has a strategy for persons with disabilities (2010–2015). However, the implementation of the entities strategies remained weak. No significant steps were undertaken to ensure consistency across the social protection systems of the entities and cantons in BiH.[24]

There remained clear discrimination between different categories of persons with disabilities. Persons with disabilities resulting from military service during the 1992–1995 conflict were given a privileged status above civilian war victims and persons who were born with disabilities. Entitlement to rights and benefits for disabled persons is not based on needs but on status. As a result, certain categories of persons with disabilities do not receive adequate financial benefits.[25] BiH’s initial report on the rights of persons with disabilities under the Convention on the Rights of Persons with Disabilities (CRPD) 2012 notes that “the area of social welfare in Bosnia and Herzegovina is not resolved well, it does not even provide minimum security to citizens and does not define a social minimum for persons with disability either.”[26]

In 2012, amendments were made to the Law on Pension and Disability Insurance of the Republic of Srpska. In it, certain war veterans had their pensions drastically reduced based on their type of disability classification.”[27]

Legislation at all levels prohibits discrimination against persons with disabilities. However, in practice there was discrimination against persons with disabilities in all the areas of employment, education, access to health care, transportation, and the provision of other state services.[28] In its initial reporting to the CRPD, BiH reported that “[t]he most important mechanism in protection from discrimination is the Law on Prohibition of Discrimination”[29] However, the EC reported that the anti-discrimination law is in place but does not include disability as a category for discrimination. The law allows for a broad range of exceptions and only limited steps have been taken to ensure its implementation.[30]

Persons with disabilities faced poor recognition of their rights and needs for accessibility. Physical accessibility is still a major problem in BiH and is not included in the priorities for addressing the challenges faced by people with disabilities. There are no action plans to address the removal of physical barriers.[31]

BiH has legislation to ensure physical access to persons with disabilities. In the Federation of BiH, the law mandated that all public buildings must be retrofitted to provide access by mid-2011 and new buildings must also be accessible. In practice, however, buildings were rarely accessible to persons with disabilities, including several government buildings. Republika Srpska had comparable laws for public accessibility, but few older public buildings were accessible.[32]

BiH ratified the CRPD on 12 March 2010.

 

In Bosnia and Herzegovina (BiH), both national and international contributions were less in 2012 than in 2011. In 2012, the government contributed BAM16.8 million (US$11 million), a reduction of approximately 20% compared to 2011.[1] In its Mine Ban Treaty Article 5 deadline Extension Request in 2008, BiH committed to providing BAM20 million ($13 million) per year, and raising another BAM40 million ($26 million) from other local sources.[2] It has not met these targets by a large margin and, in 2012, fell even further behind.

The national funding raised in 2012, totaling BAM16.8 million ($11 million), came from 14 local sources, including the Federation of Bosnia and Herzegovina (FBiH), the Ministry of Defense, the Bosnian Serb Republic (República Srpska, RS), the Brčko district, state utility companies, the state railway, and seven municipalities. The FBiH budget allocates funds to the BiH Mine Action Center (BHMAC) and the army, while cantons contribute to local Civil Protection Agency demining operations. In the Brčko district and the RS, funding also goes through the local Civil Protection Agency.[3]

National contributions: 2012[4]

Summary of national contributions: 2008–2012[5]

In 2012, international contributions toward mine action in BiH totaled $9.1 million, a decrease of 27% from 2011. The largest contributions were from Norway (NOK17 million/$2.9 million), the United States (US) ($2.3 million), and Germany (€1.3 million/$1.69 million).[6]

International contributions: 2012[7]

Since 2008, international assistance to BiH has steadily declined by 63% (some $15.4 million), regardless of the fact that BiH is far off-track from meeting its Article 5 obligations by 2019 and will be unable to meet its obligations without international support. While national contributions have been steadier, despite the 25% decline in the US dollar value of its contribution in 2012, the combined annual expenses nevertheless fall far below the targets set in BiH’s Article 5 Extension Request that assesses annual funding needs from national and international sources combined as approximately BAM80 million ($52 million) per year.[8]

A decrease in all victim assistance services provided by NGOs continued in 2012, mainly linked with the ongoing decline in international funding; however, there were continued improvements in the quality and availability of state services.[9]

Summary of contributions: 2008–2012[10]