Requested by: OSCE/ODIHR

Recommended Measures:
From the information available to ODIHR and the Venice Commission, there do not seem to be relevant and sufficient reasons for submitting NPOs to additional registration and reporting requirements. The Draft Law is crafted in overly vague and ambiguous terms, where breaches are unforeseeable and sanctions disproportionately severe, including banning the work of the said NPOs. The many broadly framed terms of the Draft Law, including the definition of NPO, are likely to fall afoul of the requirement that any restriction on the right to freedom of association must be prescribed by law, which entails being foreseeable. The Draft Law does not clearly define the kind of information or documents that may be required by the competent inspection body. It does not include safeguards to prevent the potential risk of abuse of the regulations or against discriminatory measures that may lead to harassment. There is furthermore a strong risk that the provisions of the Draft Law regarding the ban of the work of NPOs due to acts contrary to its provisions, irrespective of their seriousness, could be applied without regard to the principle of proportionality. The range of fines that could be imposed for violations of the provisions of the Draft Law are also much higher than the ones envisaged by the 2001 Law and seem disproportionate. The Draft Law also lacks provisions guaranteeing access to effective remedies in order to challenge or seek review of decisions taken in the context of its implementation that may infringe the right to freedom of association and expression. ODIHR and the Venice Commission call upon the authorities of the Republika Srpska to reconsider its adoption entirely and to engage in further consultation with all stakeholders with a view to guaranteeing the enjoyment of the rights to freedom of association and freedom of expression in the Republika Srpska albeit broadening the scope of regulation.

Measures taken: On 27 October 2023 the UN Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism, the UN Special Rapporteur on the rights to freedom of peaceful assembly and of association, and the UN Special Rapporteur on the situation of human rights defenders addressed a communication on the above draft law to the authorities of Bosnia and Herzegovina. According to them, the draft law placed restrictions that are inconsistent with Bosnia and Herzegovina’s international human rights obligations. They noted, inter alia, that the authorities of the Republika Srpska entity held public consultations on the draft law on 24 October 2023 but the comments submitted by the Venice Commission and OSCE/ODIHR had not been considered in the draft law adopted in its first reading. This appears to have deepened a lack of trust in the authorities of the Republika Srpska entity, including about the genuineness and credibility of the public consultation held on 24 October 2023. In light of the above, the UN Special Rapporteurs requested the authorities of Bosnia and Herzegovina to ensure the urgent withdrawal of the draft law.