LGBTQI issues, Public Administration Reform and Open Government in Bosnia and Herzegovina by Jačanje javnih institucija u BiH

LGBTQI issues, Public Administration Reform, and Open Government in Bosnia and Herzegovina

Authors:

Emina BoĹĄnjak Vladana VasiÄ&#x2021;

Sarajevo, July 2020

LGBTQI issues, Public Administration Reform, and Open Government in Bosnia and Herzegovina

Imprint Published by the Deutsche Gesellschaft für Internationale Zusammenarbeit (GIZ) GmbH Registered offices Bonn and Eschborn, Germany Programme for Strengthening of Public Institutions in Bosnia and Herzegovina Pilot Project “Inclusion of LGBTQI Issues in Open Government Approaches in BiH” Maršala Tita 22 Phone +387 (0)33 953 300 Fax +387 (0)33 953 311 www.giz.de/en/worldwide/21066.html As at July 2020 Printed by Design Peđa Kazazović, Sarajevo Text Emina Bošnjak, Vladana Vasić

Preparation of this report was supported through the Pilot Project “Inclusion of LGBTQI Issues in Open Government Approaches in Bosnia and Herzegovina” which is implemented within the Programme for Strengthening of Public Institutions in Bosnia and Herzegovina and funded by the Federal Ministry for Economic Cooperation and Development (BMZ) of the German Federal Government. The views and opinions expressed in this publication are the views of the authors of the report and do not necessarily reflect the views and official policies of the German Federal Government, BMZ or GIZ.

LGBTQI issues, Public Administration Reform, and Open Government in Bosnia and Herzegovina

Contents Foreword

1. Introduction

a. Research questions

b. Methodology

2. Legislative and policy framework

a. Human rights in the public administration reform process

b. State of play: discrimination against LGBTI citizens, public institutions,

and LGBTI human rights in Bosnia and Herzegovina c. Do LGBTI people trust institutions/public administration in Bosnia and

Herzegovina?

3. LGBTI and access to public institutions - research findings

a. Institutions

b. LGBTI community (questionnaire and focus group)

c. Views combined: LGBTI issues in the context of PAR and the OGP, from

two perspectives d. COVID-19 and LGBTI issues: a strong case for generally more open

administration

4. Conclusion and recommendations

LGBTQI issues, Public Administration Reform, and Open Government in Bosnia and Herzegovina

FOREWORD Since 2014, Bosnia and Herzegovina (BiH) has been a member of the Open Government Partnership (OGP) and in 2019 started implementing the first action plan of the

The report before you is the result of a research

Council of Ministers of BiH. GIZ has been

conducted by Emina Bošnjak and Vladana Vasić

providing technical advice and support to the

from the Sarajevo Open Centre during the

processes of creating a more open, transparent

implementation of the pilot project. At the same

and accountable public administration in

time that the research was being conducted we

the country since 2015 on behalf of German

have been working on organising workshops for

Federal Government and since 2019 also on

government and civil society representatives,

behalf of the UK Government. This technical

publicly discussing the LGBTQI rights at a

support to the institutions has been one part

conference on Open Government in BiH,

of the overall support to Public Administration

working on developing a sensitisation training

Reform provided within the Programme for

for civil servants and on creating feasible and

Strengthening for Public Institutions in BiH

sustainable proposal for future measures in

since 2010.

OGP action plans in Bosnia and Herzegovina.

In 2019, the programme has joined the call

I sincerely hope that this research study will

of the Sector Programme “Realising Human

provide you not only an insight in the state of

Rights in Development Cooperation” to prepare

LGBTQI rights in the country when it comes to

and propose additional measures specifically

public administration and processes at the state

addressing the rights of lesbian, gay, bisexual,

level of BiH, but also provide you with many

trans*, queer and intersex persons in the

concrete ideas how to improve the processes

country. The proposal envisaged to build on

and create an administration that is open to all

the existing measures in the area of Open

citizens, including LGBTQI citizens of Bosnia

Government, sensitise the involved stakeholders

and Herzegovina.

and – importantly – to create dialogue opportunities between the government bodies that typically according to their mandate do not

Elvis Mujanović

work directly on LGBTQI rights and civil society

Advisor and Implementation Officer

organisations that focus their work on this

Deutsche Gesellschaft für Internationale

community.

Zusammenarbeit (GIZ)

LGBTQI issues, Public Administration Reform, and Open Government in Bosnia and Herzegovina

INTRODUCTION Research questions

Methodology

For the government and civil society to enter into a meaningful dialogue on LGBTQI1 issues in public

The aim of this analysis was to map the issues faced by

administration, it is first necessary to define the common challenges LGBTQI persons in Bosnia and

the LGBTQI population in accessing public institutions

Herzegovina face when they are dealing with public administration. In addition to enabling dialogue,

and their services in Bosnia and Herzegovina. The

this analysis should provide insights for the government on how to include LGBTQI issues in broader

analysis was primarily focused on the administrative

reform processes, such as public administration reforms and particularly the Open Government

level of Bosnia and Herzegovina, i.e. the Council of

approaches in the country. Embedding these issues in ongoing reform approaches and initiatives is a

Ministers of BiH and its institutions. This administrative

necessary precondition for the sustainability of the pilot project.

level is the only one that has adopted an Open Government Partnership action plan.

Furthermore, and based on the analysis of LGBTQI issues in public administration, the pilot will facilitate platforms for dialogue between civil society and government to raise the profile of

In order to conduct the research and work towards

LGBTQI issues among the public. The aim of these platforms, however, is not only to indirectly raise

strengthening the capacities of the institutions to

awareness among the general population, but to set the topic of human rights, especially where

respond to the needs of LGBTI persons when it comes

minorities are concerned, on the agenda of existing reform processes. This particularly concerns

to public administration reform, it was necessary to

public administration reforms as part of the European integration process and accession to the

collect data and information from a variety of sources

European Union.

and using a variety of methods. This mixed-method approach facilitated an understanding of the needs

Additionally, measures are envisaged to sensitize civil servants when dealing with LGBTQI persons

and experiences of the target audience: in this case,

and their specific issues within public administration and civil service, with the aim of preventing

LGBTQI people accessing public institutions; civil

discrimination against LGBTQI persons who either are civil servants themselves or represent clients

servants providing services; public servants developing

who deal with public administration.

budgets, policies and legislation; as well as civil servants developing HR practices, in order to propose concrete

The analysis of the issues the LGBTQI population faces when dealing with public administration

measures that would make the OGP and PAR processes

in Bosnia and Herzegovina will serve not only as the basis for the implementation of the measures

more LGBTQI-inclusive.

envisaged by this pilot project, but also for future activities of the government and civil society. With the aim of ensuring the sustainability of the pilot project, the findings of the analysis will be used as a

In this case, aside from desk research, and to gain a

basis for the inclusion of LGBTQI issues in the future measures of the Open Government Partnership

proper insight into the characteristics, experiences

action plan beyond 2020.

and needs of our target groups, a crucial step was to conduct a survey on a representative sample of LGBTI people, as well as focus groups with selected representatives of this social group. Another part of the research involved conducting interviews with the

Lesbian, gay, bisexual, trans*, queer and intersex; LGBTQI and LGBTI will be used in this report interchangeably.

relevant representatives of the identified institutions.

Thus, the methodology has covered the following steps:

LGBTQI issues, Public Administration Reform, and Open Government in Bosnia and Herzegovina

Another important part of the desk research was to look

AGE DISTRIBUTION OF RESPONDENTS BY YEAR OF BIRTH (%)

Distribucija uzorka po godini rođenja (%)

into the existing reports and research on the human

1. Desk research (secondary research)

rights of LGBTI people in BiH, to provide context and

22.39

gather information on their access and experiences in relation to state-level institutions.

In conducting the desk research, we paid special

20.00 20

17.91

19.40 16.42

15.00 15

attention to the priorities listed within the Public Administration Reform Strategy of BiH, such as Policy-

25.00 25

11.94

Primary research using the mixed-method approach (qualitative and quantitative methods)

10.00 10

Services, Transparency, Efficiency and Accountability

There is no substantial amount of data elaborating on

with the greater involvement of citizens. In line with

0.00 0

the needs and common challenges LGBTQI persons

this, we have reviewed existing documents such as the

in Bosnia and Herzegovina face when they are dealing

Strategic Framework for Public Administration Reform

with public administration on a state level. Thus,

2018-2022, which was adopted by the Council of

primary research has helped to address the gaps in the

The largest number of respondents (40)

Ministers in September 2018 and provides an analysis of

knowledge, and to explore and find field data on

identify as female, followed by respondents who

the reform efforts from the perspective of the LGBTQI

the specific challenges faced by LGBTQI persons in

identify as male (32) and intersex persons

citizens affected by the reform.

accessing common public administration services from

(2 respondents), as can be seen presented

In addition, the institutions that are taking part in the

institutions at the level of Bosnia and Herzegovina.

in the graph below.

Making and Coordination Capacities, Human Resources Management, Administrative Procedure, Provision of

7.46

5.00 5

1970-1981 1970 - 1981 1982-1985 1982 - 1985

1986-1989 1986 - 1989

1990-1994 1990 - 1994 1995-1998 1995 - 1998

1999-2002 1999 - 2002

Partnership for Open Government were observed through the prism of the values they accepted through this initiative.

1. A Questionnaire was developed and disseminated to members of the LGBTQI

Distribucija uzorka OF poSAMPLE spolu (%) (%) SEX DISTRIBUTION

At their core, both of these initiatives are aligned with

community in order to try to map the practices

the idea of advancement of human rights and inclusion

that have occurred in their access to public

of marginalized groups, and can therefore be useful in

institutions, and the problems they have

improving the position and the relationship between

identified in the process. The questionnaire

BiH’s LGBTI population and state-level institutions. We

was disseminated to a minimum of 100

have also reviewed the Open Government Action Plan

individuals, all members of the LGBTQI

of the Council of Ministers of Bosnia and Herzegovina

community. The questionnaire was completed

Muški Male

2019-2021, which was adopted by the Council of

by 74 individuals.

Ženski Female

Ministers in April 2019, and provides an analysis of the

Intersex Intersex

efforts from the perspective of LGBTQI citizens affected by the Open Government approaches.

The research includes respondents in ranging in age

In order to encompass all of the aims of this initiative

between 18 and 63 years (see Graph 1 for a general

and its significance for NGOs and citizens, we have also

overview of age distribution).

looked into all existing and relevant documents, policies and NGO reports regarding the Open Government Partnership Initiative.

As for gender distribution, 39 respondents identify as women, 29 identify as men, 3 identify as transgender, 1 person identifies as gender-fluid, and 2 chose not to identify.

LGBTQI issues, Public Administration Reform, and Open Government in Bosnia and Herzegovina

Distribucija uzorka po rodu (%) GENDER DISTRIBUTION OF SAMPLE (%)

Ĺ˝enski Female

In addition to the existing data on the

MuĹĄki Male

requirements of the public administration

Transrodni Transgender

reform process, it was necessary to examine the

Rodno fluidni Gender fluid Ne identificira se Does not identify

specific areas or practices in the work of public institutions, and to assess the capacities of the selected relevant civil servants within the public administration of BiH for sensitized, accountable and responsible conduct when dealing with LGBTQI citizens and groups, and/or when dealing

As for sexual orientation, most respondents identify as gay men (38.36%), lesbians (21.92%), bisexual (16.44%),

with LGBTQI issues.

heterosexual (2.74%) and Other (20.55%). The complete overview of the identities that make up the total sample is presented in Graph 4.

This research has encompassed the institutions on the level of BiH, primarily the nine existing ministries, due to their direct relevance for policy and legislation, their creation, drafting, implementation and monitoring.

Seksualna orijentacija uzorka (%) SEXUAL ORIENTATION OF THE SAMPLE (%)

In addition to the mentioned ministries, other state level institutions that are also participating in the OGP initiative and are working on increasing

45.00 45

transparency, furthering citizen involvement, and strengthening the

38.36

40.00 40

accountability of institutions, are also included. Given that this initiative

35 35.00

brings together a limited number of institutions, the survey additionally

30 30.00 25 25.00

covered state-level institutions that have so far worked actively to advance 21.92

20.55

20 20.00

16.44

the human rights of LGBTQI persons, either through implementing existing legislation, interpreting it, or creating new laws and policies.

15 15.00 10 10.00

A series of interviews (8) was conducted with relevant stakeholders,

5 5.00 0 0.00

representatives of the institutions within this research sample - e.g. civil

2.74

servants who deal with clients, civil servants who work on policy and Lesbian Lezbijke

Gay Homoseksualci

Bisexual Biseksualci

Heterosexual Heteroseksualci

Other Ostalo

strategy development, civil servants who work as part of the protection/ complaint/anti-discrimination mechanisms, civil servants who work in the recruitment process. The interviews helped to identify and detect

2. Focus groups were conducted with individuals belonging to LGBTQI community in order to validate/

knowledge gaps concerning the current situation in the field, as it pertains

confirm the needs and obstacles to fulfilling them when accessing public institutions, as identified through

to civil servants within the public administration of BiH being sensitized,

the desk research and data collected from the field. For this purpose, a focus group with 6 people was

accountable and responsible when dealing with LGBTQI citizens and groups

conducted and a list of priorities (needs) was established, ranked according to the importance of fulfilling

and/or when dealing with LGBTQI issues.

them.

LGBTQI issues, Public Administration Reform, and Open Government in Bosnia and Herzegovina

These institutions are mentioned below:

3. Agency for Statistics (OGP Member)

LEGISLATIVE AND POLICY FRAMEWORK

4. Public Administration Reform Coordinator’s Office (OGP Member)

LEGAL FRAMEWORK ENSURING EQUALITY

5. Civil Service Agen cy

The principle of equality and non-discrimination has been

1. Ministry of Security of Bosnia and Herzegovina 2. Ministry of Civil Affairs of BiH

instilled within the BiH legal system through the provisions 6. Agency for Gender Equality of BiH

of the Constitution of BiH; the constitutions of both entities (Republika Srpska and the Federation of BiH); the constitutions

7. BiH Communications Regulatory Agency (CRA)

of the Federation of BiH’s cantons, and the Statute of Brčko District.

8. Ombudsman Institution for the Protection of Human Rights of BiH The Constitution of BiH obliges the state and both of its entities to “ensure the highest level of internationally recognized human The analysis of the work and practices of these institutions has focused on their employment policies and practices,

rights and fundamental freedoms.” It also stipulates that the

their accessibility to citizens, the existence of human rights protection mechanisms within the institutions in

rights and freedoms set forth in the European Convention for

question, the involvement of civil society during policy development, and the sensitization and education of the

the Protection of Human Rights and Fundamental Freedoms,

staff on the issues of importance for LGBTQI persons. When examining the institutions within the OGP initiative,

as well as its Protocols, will be directly applied in Bosnia and

special focus was placed on the inclusion of LGBTQI rights and issues in the activities designed within the OGP

Herzegovina and take priority over all other law. As regulated by

Action Plan.

the Constitution itself, all of these rights and freedoms are to

Finally, this approach, with triangulation of data, will help us to identify gaps, and to develop and strengthen the evidence-based recommendations on key areas of public administration reform that need to be adjusted to fit the needs of LGBTQI people and to make this process more inclusive to their human rights. Analysis of the data and information gathered will also provide evidence-based recommendations for the inclusion of LGBTQI issues in the Open Government initiative and approaches in Bosnia and Herzegovina.

be enjoyed “without discrimination on any ground such as sex, race, color, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status.”2 The Constitution of Republika Srpska prohibits discrimination on the grounds of “race, gender, language, nationality, religion, social background, birth, education, wealth, political and other belief, or other personal attribute”; the Constitution of the Federation of BiH prohibits discrimination on the grounds of “race, color, gender, language, religion or belief, political or other conviction, nationality or social origin”, and the Statute of Brčko District also prohibits discrimination on the grounds of “gender, race, sexual orientation, color, language, religion, 2

Constitution of Bosnia and Herzegovina (source: http://www.ohr. int/?page_id=68220)

LGBTQI issues, Public Administration Reform, and Open Government in Bosnia and Herzegovina

national or social origin, political or other opinion, being

identity as sex expression and sexual orientation as

a member of a national minority, wealth, birth or other

sexual determination), the institutions in charge took

status.â&#x20AC;?

the first steps towards advancing the human rights of LGBTI people in BiH through the implementation of

LGBTQI issues, Public Administration Reform, and Open Government in Bosnia and Herzegovina

Human rights in the public administration reform process

Though neither the Constitution of BiH, nor the

this Law. The Law was amended in 2016, to advance

constitutions of entities and the Statute of Brcko

certain procession issues and improve the inadequacies

The Law on Administration of BiH tasks the ministries

The Law also stipulates that the ministries and other

District, explicitly mention sexual orientation, gender

observed and documented in practice. Through these

and administration bodies of Bosnia and Herzegovina

administrative bodies have direct contact with clients/

identity and sex characteristics as prohibited grounds

changes, sexual orientation and gender identity were

with:

citizens, and obliges them to organize the performance

of discrimination, the judiciary and lawmakers are

explicitly and correctly named as prohibited grounds

still obliged to interpret them under â&#x20AC;&#x153;other status/

for discrimination, and sex characteristics were also

personal attributeâ&#x20AC;? in line with the standards set out in

included in this list. This made BiH the first country in

shall enable clients to exercise their rights and fulfill

the European Convention for the Protection of Human

the Balkans, and one of the first in Europe, to recognize

their responsibilities as simply, quickly, and efficiently

Rights and Fundamental Freedoms, and the rulings of

the importance of providing legal protection to intersex

the European Court of Human Rights.3

people.5

of important tasks for exercising the rights of clients,

enforcing the laws and other regulations;

executing administrative supervision over the implementation of laws and other regulations;

in such a manner and under such conditions that

as possible. It also leaves clients the option to file submissions, proposals and complaints regarding irregular behavior of civil servants, and tasks the heads

The first legal act that explicitly regulated the

The prohibition of discrimination and unequal

of the administrative bodies to consider these without

prohibition of discrimination on the grounds of sexual

treatment set out in this Law extends to all public

delay and, if applicable, take legal measures against a

orientation was the Gender Equality Law of BiH,

bodies, as well as all natural and legal persons. The

adopted in 2003, which prohibited discrimination on the

law itself clearly states that it is applicable to both the

grounds of both gender and sexual orientation.4

private and the public sectors, especially in the field of

In legal terms, and in line with the practice of

employment, membership in professional organizations,

legislative and executive bodies, and working directly

international committees and courts, the term gender

education, training, housing, health, social protection,

with clients who exercise their rights and freedoms,

has been interpreted to encompass not only biological

goods and services designated for the public, and public

sex, but also gender identity, and in some cases even sex

places, together with performing economic activities

characteristics. In Bosnia and Herzegovina, up until the

and public services.

adopting by-laws for the implementation of laws and other regulations;

civil servant whose behavior was deemed inadequate. Since the administrative bodies are responsible for enforcing laws and regulations, providing expertise to

proposing and giving recommendations falling

they provide the foundation for the advancement and

within the domain of legislation;

protection of human rights in Bosnia and Herzegovina. Therefore, their connection to their clients, namely the

adoption of the Law on Prohibition of Discrimination

citizens of BiH, and their transparency and openness

in 2009, this term was interpreted by the institutions

towards the civil society in all aspects of their work, is

strictly as biological sex.

answering questions from legislative

of utmost importance for the society as a whole. For

In 2009, with the adoption of the BiH Law on

and executive bodies referring to their

the exercise and further advancement of human rights,

Prohibition of Discrimination, gender identity

competencies;

especially the human rights of minorities, it is crucial to

and sexual orientation were finally recognized as

have a citizen-oriented, inclusive and sensitized public

prohibited grounds of discrimination, and LGBTI

administration.

people in BiH were given a legal basis to fight for

equal treatment. Despite the somewhat inadequate translation of the terms in local languages (gender

Constitution of Republika Srpska; Constitution of Federation of BiH and the Statute of Brcko District (source: http://www.ohr. int/?page_id=68220)

Law on Gender Equality in BiH (source: https://arsbih.gov.ba/wpcontent/uploads/2014/02/GEL_32_10_E.pdf)

performing other administrative and

In this respect, the need for citizens, especially those

professional tasks as stipulated by law and

belonging to marginalized communities such as the

other regulations.6

LGBTI persons, to have an accessible, transparent, capacitated and proactive public administration, falls in line with the goals of the public administration reform

6 5

Law on Prohibition of Discrimination of BiH (source: https:// www.osce.org/mission-to-bosnia-and-herzegovina/378832)

Law on Administration of BiH (source: https://www.ecoi.net/en/ file/local/1292019/1504_1216738703_law-on-administrationof-bosnia-and-herzegovina.pdf)

and the initiative for the Open Government Partnership.

LGBTQI issues, Public Administration Reform, and Open Government in Bosnia and Herzegovina

Public Administration Reform (PAR), in addition to

document pledged to:

being one of the obligations of the Stabilization and

LGBTQI issues, Public Administration Reform, and Open Government in Bosnia and Herzegovina

At the core of the OGP initiative are the values of the Declaration on Open Government. By accession to the OGP, Member States express8:

Association Agreement and a key process for the

Make public administration cost-effective and well

European integration of BiH, is also a prerequisite for

organized (Pledge 1: Organization);

a responsible and cost-effective civil service, as well as more efficient, effective, accountable and transparent

Ensure that taxpayers’ money is spent economically

public administration.

and transparently (Pledge 2: Funding);

The Public Administration Reform Strategy and Action Plan 1 for its implementation were adopted in 2006 by

Ensure that the civil service is professional and

the governments of the Federation of BiH, Republika

representative of the citizens it serves (Pledge 3:

Srpska, the Brčko District of BiH, and the Council of

Staff);

Ministers of BiH. Though the original Action Plan 1 expired at the end of 2010, more specific objectives

Bring public administration in line with EU best

and measures were developed and implemented in its

practice (Pledge 4: Procedure);



Awareness of the need for open government – an awareness that citizens want a more open government, participation in public life, and a government that will be transparent, accountable, efficient, and sensitive to the needs of its citizens.



An individual approach to membership of the Initiative – each country chooses its own access to Partnership, which is in line with state priorities, circumstances and citizens’ wishes.



revision, lasting until the end of 2014 when this Strategy

Responsible fulfilment of obligations – accepting the responsibility to assume the obligations of promoting transparency, combating corruption, empowering citizens, and the use of new technologies for the purpose of more efficient and accountable government.

also expired. The state and its entities are continuing

Ensure quality-driven and citizen-friendly public

this process by implementing unimplemented measures

services (Pledge 5: Public Services).

from the previous Action Plan, and the Council of



Ministers announced that a new strategic approach

Openness in co-operation with citizens and the promotion of transparency – Representing the principles of openness in the joint efforts of the authorities and citizens to ensure progress, innovation and community security, and the acceptance

would be envisioned for the development of the new

In 2014 Bosnia and Herzegovina joined the multilateral

of the principles of transparency and open government, with aim of achieving

Strategy and the Action Plan.

global initiative Open Government Partnership (OGP)

higher levels of prosperity, well-being, and human dignity.

The vision of the public administration reform is to

which emphasizes transparency and openness in public

create a public administration that is more effective,

authorities, and encourages its participating states to

efficient, and accountable; that will serve the citizens

commit to developing and implementing concrete

At its core, the Open Government Partnership is entirely complementary with the values of

better for less money; and that will operate with

measures and actions in the areas of transparency,

the Public Administration Reform process, and is focused on creating an efficient, transparent,

transparent and open procedures, while meeting all

strengthening citizen participation in authorities,

responsible, modern public administration that will base its work on the best practices and

conditions set by European Integration, and thereby

fighting corruption, and introducing new technologies

principles of the European administrative space, and work effectively in favor of citizens by

truly become a facilitator for continuous and sustainable

to make public administration as efficient as possible.

providing fast and reliable services.

social and economic development.

Both of these initiatives are fundamentally aligned with the ideas of advancement of human

To realize this vision, the PAR Strategy focuses on

rights and inclusion of marginalized groups, and can therefore be useful in improving the

improving general administrative capacity; creating more

position and the relationship between BiH’s LGBTI population and state-level institutions.

coherent administrative structures within and between

These initiatives also have a great significance for civil society and the inclusion of marginalized

various levels of administration, and improving central

groups in general, and their adequate implementation leads to a greater degree of cooperation

administrations at the level of BiH, the Entities, and

between CSOs and state-level institutions, ensuring more inclusive and evidence-based policy

Brčko District.

and legislative development. It is not uncommon for the members of the Open Government Partnership to directly envision

In this regard, the Public Administration Reform

measures aimed at improving human rights, as well the human rights of LGBTI persons, within

Strategic Framework for PAR (source: http://rju.parco.gov.ba/en/o-rju/strateski-okviri-za-rju/)

Bosnia and Herzegovina in the Open Government Partnership initiative (source: https://parco.gov.ba/ en/2017/04/24/bosna-i-hercegovina-u-inicijativi-partnerstvo-za-otvorenu-vlast/)

their OGP Action Plans in order to emphasize the human rights approach within the public administration. For example, in its first National Action Plan 2017-2019, focused on improving open data and transparency across fields such as transportation and extractives,

LGBTQI issues, Public Administration Reform, and Open Government in Bosnia and Herzegovina

State of play: discrimination against LGBTI citizens, public institutions, and LGBTI human rights in Bosnia and Herzegovina

as well as expanding civic engagement opportunities, Germany has addressed specific social themes centered on integration, family policies, and LGBTI issues. Specifically, their Federal Ministry of Family Affairs, Senior Citizens, Women and Youth was tasked to develop and maintain an online information portal to provide interested citizens, experts, stakeholders and their families with information about gender diversity and same-sex ways of life.9 The online portal was designed with the aim of contributing to further awareness-raising in society in order to promote acceptance of LGBTI persons, as well as of providing LGBTI persons and their families with information about existing legal provisions and existing support

Discrimination can be experienced on an individual,

Only about a third of LGBTI people in Bosnia and

institutional or structural level. Discrimination against

Herzegovina are aware that sexual orientation, gender

LGBTI persons in BiH is mostly institutional, as the

identity, and sex characteristics are forbidden grounds

existing legislation does not confer a number of

for discrimination.11 When compared to other countries

rights (counted in dozens/and or hundreds) to LGBTI

in the Western Balkans region, lesbian, gay and bisexual

people, especially to those who are in stable emotional

people in Bosnia and Herzegovina are least familiar

relationships, for example the socio-economic rights

with the rights protected by the state in relation to their

extended to married or same-sex unions, therefore

sexual orientation: again, about a third of LGB people

denying LGBTI people numerous rights regarding

are knowledgeable about which rights and freedoms are

social and health protection, as well as rights regarding

safeguarded by the state and its institutions.

inheritance, etc. Interestingly enough, LGBTI people in BiH are much Bosnia and Herzegovina has legal protection from

better informed about the (non-existing) legal status of

discrimination on the grounds of sexual orientation,

same-sex partnership/marriage/union (96% informed).

In Germany’s Second National Action Plan 2019-

gender identity, and – so far as the only progressive

Although not all LGBTI people will face violence/

2021, it is stated that the Federal Ministry of Family

example – legal protections from discrimination on the

discrimination during their lives, most will probably look

Affairs, Senior Citizens, Women and Youth engages

grounds of sex characteristics, since 2016 when it was

for a partner, and are acutely aware that, besides non-

in dialogue with NGOs regarding the status of equal

enshrined in the Law on prohibition of discrimination

binary or otherwise non-conforming gender expression,

treatment of LGBTI persons all around Europe, at the

of BiH. A comprehensive anti-discrimination law

openly having same-sex partners i.e. sexual orientation

IDAHOT Forum and the round table for the European

prohibits discrimination in numerous areas of public life,

highly factors in the discriminatory or violent behavior

Governmental LGBTI Focal Points Network.10

including labor, employment, education, and housing,

rooted in homophobia. Young LGBTI persons, aged

among others.

between 18 and 25 years, who do not live in the capital

services.

or any other large city, as well as those with the lowest

Germany Design Report 2017-2019; https://www. opengovpartnership.org/documents/germany-designreport-2017-2019/

However, due to generally inefficient institutions

monthly household income, were the least informed

and their lack of a strong institutional human rights

about laws regarding discrimination based on sexual

policy, as well as of sufficient vision/willingness/

orientation and gender identity in their countries.

knowledge to overcome high levels of homophobia and

On the other hand, LGBTI people who are involved in

transphobia within the general population and within

LGBTI movements or who are open about their sexual

the institutions themselves through awareness-raising and prevention of discrimination, LGBTI people are still not aware of the scope of this protection.

11 Life on the Margins: Survey Results of the Experiences of LGBTI People in Southeastern Europe (English), http://documents.worldbank.org/curated/ en/123651538514203449/Life-on-the-Margins-Survey-Results-of-theExperiences-of-LGBTI-People-in-Southeastern-Europe

10 Second National Action Plan (NAP) 2019-2021; https://www. opengovpartnership.org/documents/germany-action-plan-2019-2021/

LGBTQI issues, Public Administration Reform, and Open Government in Bosnia and Herzegovina

orientation were more informed. This is in line with the

and no court proceedings were initiated. In all three

no recommendation has been issued in this case to date.

reality where LGBTI organizations/groups, and not the

cases, victims were afraid to report perpetrators, one

Apart from these two complaints, the Ombudsman

institutions responsible for safeguarding the human

victim left the country, and one case was eventually

Institution received one more complaint submitted by

rights of minorities, including LGBTI people, are the

solved through an agreement with the service provider.

the FBiH MIA related to same-sex partnerships, and it

only source of relevant information and knowledge about LGBTI human rights.

referred the Ministry to the Special Report on the Rights Until April 2018, the Service for Foreigners’ Affairs of

of LGBT Persons in BiH. The FBiH Ministry used the

BiH recorded 2 asylum seekers on SOGI grounds. The

Special Report as the basis for launching the initiative

Almost half of LGBTI people reported that they had

Sarajevo Open Centre did not receive information for

for the regulation of same-sex partnerships in BiH.

been discriminated against or harassed because of

the whole year of 2018, despite several inquiries sent to

their identity. Still, within a minority group as complex

the BiH Ministry of Security.

as that of LGBTI people, which consists of people of different sexual orientations, gender identities,

The Institution of Human Rights Ombudsman of

gender expressions and sex characteristics, there

Bosnia and Herzegovina as the umbrella institution

are certain subgroups that are exposed to more risk.

for the protection from discrimination still mostly

The percentage was considerably higher (80%) for

bases its activities in this field on a reactive approach,

transgender people as a separate group. Younger

through the receipt of complaints and the issuance of

people, students, and people with lower incomes

recommendations for the elimination of discrimination.

reported higher rates of discrimination because of their

Preventive and promotional activities still come second,

sexual orientation. Unemployed LGBTI people, and

due to insufficient capacities of the Institution. In

those with low incomes, as well as those affiliated with

2018, the Ombudsman’s office received 389 complaints

at least one additional minority group, were also more

against the public administration, and issued 52

exposed to discrimination.

recommendations. Numerous national and international human rights and freedoms regulations also contain

The locality of the incidences of discrimination

provisions related to good governance concepts and

varies from public places (different service and goods

standards of public service courtesy in the work of

providers), education and employment (including

public administrations. In their recommendations, the

employment in the public sector) to discrimination

Ombudspersons insist that public administration act

which can directly be linked to public administration

lawfully, responsibly, impartially, efficiently, and in a

– albeit less common – in cases where transgender or

timely manner. In 2018, the Ombudsman Institution

gender-non-conforming persons were asked to present

for Human Rights received 3 complaints related to

official documents that identify a person’s sex.

sexual orientation and gender identity. Two complaints were submitted by SOC due to violation of the right to

The Sarajevo Open Centre documented 5 discrimination

freedom of assembly on International Trans* Visibility

cases in 2018. Of 5 recorded cases, 3 involved

Day, and of the right to freedom of assembly on the

discrimination in the workplace, one was related to

10th anniversary of LGBTI activism. Based on the 2

discrimination in the administration (by public servants),

complaints by SOC, the Ombudsman Institution sent

and one to service provision and access to public goods.

a recommendation to the BBI Centre, and an inquiry

None of these cases were reported to the Ombudsman,

to the Academy of Performing Arts, requesting their

reaction to the specified events in the second case, but 12 Pink Report 2019, https://soc.ba/site/wp-content/uploads/2019/05/PinkReport-2019-za-web.pdf

Sexual orientation and gender identity.

LGBTQI issues, Public Administration Reform, and Open Government in Bosnia and Herzegovina

Do LGBTI people trust institutions/public administration in Bosnia and Herzegovina?

Although every other LGBTI person in Bosnia and Herzegovina reports of lived discriminatory experience, the majority of those experiences find their epilogue far from institutions. Less than 10% report the discriminatory incident to the authorities, and this percentage remains consistent across all LGBTI subgroups, and people of different identities in relation to their sexual orientation/gender identity/ sex characteristics. LGBTI people do not report incidents of discrimination because of a strong belief that nothing would happen or change pursuant to the report (60%), because they are reluctant to reveal their sexual orientation/gender identity/sex characteristics (39%), and fear that they would be subjected to further discrimination or ridicule (38%).14 Curiously, according to this research the most common place to report discrimination was the wrong place: the police (36%). Namely, discrimination â&#x20AC;&#x201C; unless understood in its broadest sense which then includes violence or other criminal offences on the grounds protected from discrimination â&#x20AC;&#x201C; can only be litigated in civil court. The second most common place to report incidences of discrimination on SOGIESC15 grounds was an LGBTI organization (28%).

When these findings are compared to the findings

strategies. LGBTI persons who

of the Sarajevo Open Centre from 2017 , we see a

are not out and are afraid of

slightly different picture. When asked if they have

revealing their LGBTI identity

ever been discriminated against for being an LGBTI

find themselves in a vicious circle:

person, almost 2/3 of respondents replied negatively,

they suffer discrimination on

saying they have not been discriminated against so

the grounds of their identity but

far. When cross-referenced with data that shows that

are not able to use institutional

only a small number of LGBTI people are out beyond

protection for fear of being outed.

their inner circle of family and friends, and that LGBTI people mostly conceal their identities, it offers a better

Initial findings suggest the

explanation why only about 38% of respondents say

presence of discrimination against

they have experienced some form of discrimination. It

LGBTI people in different areas

also points to a possible explanation that data compiled

of public life, including public

by the World Bank may point not to occurrences of

administration, which will be

discrimination, but to occurrences of violence.

further examined through field research.

Otherwise, both reports consistently show high levels of discrimination towards transgender people whose

These findings also indicate that

gender expression is visible to others, as well as

the public administration has

worryingly high level of cases that remain unreported

failed in fulfilling one of the OGP

(and without any legal proceedings) due to low trust in

principles, among others the

the relevant institutions.

transparent work and openness to different societal categories,

These numbers translate into discrimination

and LGBTI citizens in general.

on SOGIESC grounds being mostly invisible,

This is visible through the lack

undocumented and unsanctioned, thereby hindering

of information LGBTI citizens in

efforts to understand the different occurrences of

BiH have on the relevant human

discrimination and develop efficient combating

rights protection to which they are entitled, and failure to recognize

14 Life on the Margins: Survey Results of the Experiences of LGBTI People in

the role of public institutions/

Southeastern Europe (English), http://documents.worldbank.org/curated/ en/123651538514203449/Life-on-the-Margins-Survey-Results-of-the-

16 Numbers of Equality 2 Research on Problems and Needs of LGBTI

Experiences-of-LGBTI-People-in-Southeastern-Europe

Persons in Bosnia and Herzegovina in 2017 - Analysis of Findings,

15 Sexual Orientation, Gender Identity and Expression, and Sex

https://soc.ba/site/wp-content/uploads/2017/10/ENG-Brojevi-

Characteristics

ravnopravnost_04.10.2017.-WEB-II.pdf

public administration in this regard.

LGBTQI issues, Public Administration Reform, and Open Government in Bosnia and Herzegovina

LGBTI AND ACCESS TO PUBLIC INSTITUTIONS â&#x20AC;&#x201C; RESEARCH FINDINGS

LGBTQI issues, Public Administration Reform, and Open Government in Bosnia and Herzegovina

Institutions of Bosnia and Herzegovina.

due to education and contact they have recently

There are internal acts in place, and codes of

established with the institutions working in this

conduct for civil servants, which regulate their

field. They believe that the civil servants are

mutual relationships as well as their conduct

educated on the human rights of LGBTI people

towards their beneficiaries, and which strictly

through the general human rights education the

prohibit discrimination. The legal personnel service

civil servants are required to attend.

responsible for human resources is also in charge

The institution respects the principle of open

of discrimination cases, and all requests to assess

government, which has been reestablished in the

the disciplinary responsibility of civil servants.

current mandate, and the personnel emphasizes

The Agency is not directly contacted to contribute

that the openness of the institutions depends on

to the development of legislation and policies,

the management.

and only delivers information regarding gender

Though the institution has its ethical code, and

equality/social groups/minorities as requested by

is currently developing a code on zero tolerance

the institutions in charge of their developments.

towards sexual and workplace harassment

Agency for Statistics of Bosnia and Herzegovina

However, through their coordinators on the online

according to the guidelines of the Council of

platform e-consultations, the Agency is able to

Ministers of BiH, they do not target discrimination

deliver their comments and suggestions pertaining

either generally nor specifically. There is a

The Agency for Statistics of Bosnia and

to all documents developed by other institutions.

procedure in place which allows the employees

Since they have not collected information on

or beneficiaries to report discrimination to

LGBTI persons, the Agency has not cooperated

the manager or to the committee for appeals

with civil society in this regard, nor were they

against civil servants, which deal generally with

contacted in this regard; however, they have been

disciplinary actions against civil servants and do

informed of the relevant civil society in this respect

not concentrate specifically on discrimination.

through sensitization training.

PARCO has an internal ethical code, and has

In terms of the protection of human rights of

received the guidelines regarding zero tolerance to

LGBTI people, the Agency sees its role as collecting

sexual and workplace harassment that have been

relevant information, whether it is regulated

developed on the state level.

through the relevant legislation, or whether it is

PARCO is not directly engaged in the development

established in the practices of the institutions that

of the policies and legislation: It believes that

collect such data and submit it to the Agency.

its employees need to be additionally educated

Institutions

Herzegovina has had no previous experience in working directly with LGBTI persons, has not collected any information regarding LGBTI citizens in BiH through any research or data collection activities done so far, and have seen no such trends or examples in the European statistical standards they follow. Though some staff have participated in basic LGBTI sensitization trainings, as they are a part of the coordination mechanism for the implementation of the Gender Equality Action Plan of Bosnia and Herzegovina, the institution as

to include LGBTI rights within the documents

a whole cannot be regarded as sensitized to work with LGBTI persons, and if any projects/activities regarding this topic should be implemented, it would be necessary to conduct additional education. The Agency follows open government principles in its work, which is additionally supported by the regulations of the Law on Civil Service in the

developed in their institution.

Public Administration Reform Coordinatorâ&#x20AC;&#x2122;s Office (PARCO)

They were not previously contacted by LGBTI persons, nor have they conducted any previous work with LGBTI organizations, until recently. They

PARCO has had no previous experience, nor

see their role in protecting the rights of LGBTI

contact, with LGBTI persons, nor with the issues

people as an integral part of their work on the

related to their human rights. The institution is

protection of human rights in general, as well as

partially sensitized to work with LGBTI persons,

their mainstreaming in open government issues.

Agency for Gender Equality of Bosnia and Herzegovina

LGBTQI issues, Public Administration Reform, and Open Government in Bosnia and Herzegovina

provide an opinion on all policies, legislation and documents developed by the ministries in

LGBTQI issues, Public Administration Reform, and Open Government in Bosnia and Herzegovina

The Institution of Human Rights Ombudsman of BiH

the Council of Ministers. While preparing their

and are currently discussing the development of general guidelines for this type of act. The Institution incorporates the non-discrimination principle into all of their internal acts.

The Agency for Gender Equality of BiH has

submissions, recommendations, and opinions, the

previously cooperated with the organizations

The Institution of Human Rights Ombudsman of

Agency cooperates with civil society organizations,

working on the human rights of LGBTI people,

BiH has had direct contact with LGBTI people,

including those working on LGBTI human rights,

either through receiving their complaints or

and has developed submissions or issued

and this cooperation will continue to be as close in

through organizations working with LGBTI

recommendations regarding complaints the

the future.

persons.

civil society organizations have submitted to the

In the last three years, the Agency has received at

The Institutions has developed its capacities

Agency. The civil society organizations mostly filed

least two complaints regarding violations of the

in this field through attending education and

the complaints against institutions/legal persons

human rights of LGBTI people, submitted by the

self-development, because it had to strengthen

that violated the Law on Gender Equality of BiH.

civil society. These complaints usually concern

its position as pioneer in the field of protecting

The Agency itself does not work directly with

freedom of assembly, discrimination, and gender

human rights. There is a clear understanding

citizens, therefore they did not have direct contact

sensitive language in the media. Occasionally,

among employees of the mandate of the

with LGBTI people.

the Agency acts on the initiatives of civil society,

Institution, and a readiness to protect and promote

The Agency itself is sensitized to work with LGBTI

and addresses the advancement or adoption of

the LGBTI rights.

persons, its personnel have received education,

necessary legislation and policies.

The Institution of Ombudsman is dedicated to

and they are inclusive and incorporate all minority

Currently, the Agency, alongside both entity gender

maintaining the transparency of the institution,

rights in their rights. They did emphasize that

centres, is a part of the working group for the

and the standards of the open government, to the

there could be a different degree of sensitization

development of the LGBTI equality action plan,

extent of its capacities – particularly in the context

between different employees; however, this does

supported by the Council of Europe. The working

of openness to, and presence in, the community;

not affect the work of the agency as a whole.

group consists of the representatives of the gender

and among the institutions as well.

The agency upholds the principles of the open

institutional mechanisms and the representatives

There are general disciplinary procedures within

government, to the extent of its capacities. They

of the relevant ministries from Republika Srpska,

the institution that incorporate a high degree of

fulfill their legal obligations and procedures in

Federation of BiH, Brčko District and BiH level.

the principle of non-discrimination, but there are

practice.

The members of the group are nominated by their

no procedures designed specifically for particular

The Agency has no explicit policies regarding

institutions, and a formal nomination by their

forms of discrimination – such as mobbing. A high

discrimination; however, they have developed

governments is awaited. After the development

degree of dialogue within the institution allows for

guidelines regarding zero tolerance to sexual

of the action plan, it will be sent to all the

a simple resolution of such issues. The Institution

and workplace harassment, on the level of the

governments of all the entities, Brčko District and

in itself exists as a mechanism for protection

BiH level, for adoption.

against discrimination, with procedures designed

There were no cases related to sexual orientation

Ministry of Human Rights and Refugees of BiH, of

Within the BiH Ministry of Human Rights and

for this purpose.

in the work of the Agency; there were no

which the Agency is a part. There is a mechanism

Refugees, the mandate over the promotion and

Despite their competence in the field of human

disciplinary proceedings. The only issue pertaining

in place to process discrimination cases, through

protection of the human rights of LGBTQI people

rights, the Institution of Ombudsman is not

to LGBTI rights that did arise was a question

a disciplinary committee or a report filed to the

is clearly given to the Agency for Gender Equality.

consulted by the institutions in the development

related to gender marker in the application

supervisor, which has to initiate the disciplinary

of policies and legislation on a regular basis, and

and personal file forms for transgender people.

they believe this type of cooperation needs to be

However, this is not a matter of their decision, but

intensified. They are most often consulted during

a matter of relevant legislation regarding legal

the development of anti-discrimination by-laws,

gender recognition. When it comes to employment

process. The Agency’s mandate in terms of gender equality and the human rights of LGBTI people is to

In this respect, the Agency is cooperating with the gender centers of the entities to fulfil this mandate fully, in cooperation with civil society, in line with its competence and limited capacities.

The Institution of Ombudsman cooperates closely with human rights organizations in civil society, including those that work with LGBTI persons, and this cooperation is deemed adequate. They believe this cooperation can be intensified, which needs to be taken into account in the development of longterm institutional strategies. Most of the cases concerning LGBTI rights processed by the Ombudsman on a yearly basis, are started ex officio, and the information on all these cases is available in their yearly reports. Most of the complaints and ex officio cases concern discrimination on the grounds of sexual orientation/gender identity, gender marker change, treatment of trans people in health institutions, and freedom of assembly. The mandate of the Institution in terms of human rights protection and upholding the constitutional principles in this field, is clear, and the institution is accredited in this regard.

Civil Service Agency of Bosnia and Herzegovina

LGBTQI issues, Public Administration Reform, and Open Government in Bosnia and Herzegovina

and professional development, expression of

any special minority, including LGBTI rights.

There has been no explicit LGBTI-related training,

The interviewee is generally familiar with the

sexual orientation is a matter of free will on the

To date, they have not consulted with the civil

but training and workshops have been conducted

ECHR, which protects the rights of all human

side of the applicants – they are not obliged to give

society organizations working on LGBTI issues,

on the implementation of the ECHR, which also

beings, regardless of their race, gender, etc.

this kind of data, but can do so if they wish. On

although they do cooperate with civil society, but

addresses the rights of minorities, including LGBTI

the other hand, the collection of such information

not in the area of adoption of normative acts.

people.

about civil service candidates is prohibited.

All normative acts created and adopted by the

They believe that the Ministry is following the

The Civil Service Agency of Bosnia and

Council of Ministers are subject to e-consultations,

OGP principles, as much as permitted by the

Herzegovina, due to its size as well as its mandate

open for everyone to comment and suggest certain

limited capacities of the institutions on state level.

in the area of education and training of civil

legal and policy solutions. They’re not aware of

Through e-consultations, all citizens, including civil

The Sector for the Protection of Classified

servants, is sufficiently sensitized, and is believed

any concrete LGBTI organizations, although they

society organizations and LGBTI organizations, can

Information of the BiH Ministry of Security, due to

to have above-average familiarity with issues

are aware of their existence. The organizations did

contribute to the adoption of laws and policies,

its mandate, could have direct contact with LGBTI

related to the human rights of LGBTI people.

not reach out to them, which necessarily doesn’t

and give their input. In the case of some of the

people. The representatives of the Ministry took

Internally, there was no education solely focused

reflect badly on the work of the Agency in terms of

more complex legislation or policy, they have

part in a training session organized by the Gender

on the human rights of LGBTI people, but some of

its openness and transparency, but might point to

the obligation to conduct public policies in the

Equality Agency and the Sarajevo Open Centre

the LGBTI topics are incorporated into the general

the fact that there were no issues related to SORI.

formats of seminars, round tables, etc. There is in

on the human rights of LGBTI people in April of

anti-discrimination training.

The interviewee has personal knowledge of LGBTI

internal anti-discrimination regulation or policy,

2018, as well as in different projects of the Gender

They have been a part of several OGP trainings,

human rights, more than an average citizen, in

and the Anti-discrimination Law is considered

Equality Agency and Ministry of Security related to

and they have scored high, second in the process

their own estimate. This knowledge stems from

to be sufficient and clear for the protection of

Women, Peace and Security.

of OGP self-evaluation. Generally, institutional

personal academic specialization, and the situation

marginalized groups. Still, following the Council of

They believe their work is led by OGP principles,

knowledge on OGP is very limited, and even those

in their private lives.

Ministers’ conclusion, they have adopted a policy

but not fully.

who are directly dealing with the topic are not

to tackle sexual harassment and gender-based

The rulebook on the disciplinary responsibility

quite clear on current policy framework related to

harassment. They have also appointed a special

of civil servants in BiH institutions regulates the

OGP.

contact/focal point for cases of sexual harassment

internal handling of discrimination cases on the

and gender-based harassment.

basis of sex and sexual orientation, as well as cases

They generally consider themselves to diligently

of sexual harassment or gender-based harassment.

Ministry of Civil Affairs There is a mechanism in place to report

Ministry of Security

discrimination internally. Reporting discrimination

They do not have direct contact with citizens, and

include the human rights perspective in their

Similar regulations can be found in The Labor

is covered by the Codex: the civil servant reports

there is no knowledge of any claims or requests

work, because of the legal power of the ECHR,

Law within BiH Institutions, the rulebook on

the incident to their superior and this person then

towards the Ministry related to LGBTI rights or

which has its place and precedence in the BiH legal

the disciplinary responsibility of employees in

reports to their senior, and this line ends at the top

sexual orientation. There were also no complaints

system. This is further strengthened by the work

BiH institutions, and the Code of Conduct for

of the Agency.

of anyone being treated unfairly, or of deviance

of the Constitutional-legal Committee. In case of

Civil Servants in the Institutions of Bosnia and

The Agency takes care to include the perspective

from the professional principles and standards of

omission, the process allows for corrective action

Herzegovina. There is also a mechanism for

of human rights in the creation and adoption of

conduct in public service.

during e-consultations.

reporting suspected violations in place.

normative documents, for example when it comes

They implement rules and regulations in their work

The Ministry has a registry of civil society

In the process of laws, by-laws and policy creation,

to the law on civil service, but they also consider

in a gender-neutral way, and do not recognize

organizations, grouped by the sectors/areas

they follow the mandatory route by sending the

that perspective in the creation of the by-laws as

any specific minority group – the same rules and

they are active in, and that registry also includes

documents to the Gender Equality Agency for

much as possible. The rights of constituent peoples

regulations apply to all citizens equally.

organizations working on the protection of LGBTI

their opinion. Other than that, they publish these

are mostly taken into account, and of the other

Questioning someone’s belonging to any (minority)

people, which are invited to take part in public

documents to the e-consultation online platform,

ethnic and national minorities through the work of

community, especially their sexual orientation, is

consultations.

where they become accessible to all individuals

the disciplinary and selection committees. In these

not permitted, unless that person is open about

There were no concrete complaints on the basis of

and civil society organizations, including LGBTI

cases, they do not engage with the perspective of

that part of their identity.

SOGI to the Ministry.

organizations.

LGBTQI issues, Public Administration Reform, and Open Government in Bosnia and Herzegovina

There have been no complaints to date against

is a mechanism for reporting instances of

the Ministry’s Inspectorate for incidents of

discrimination.

discrimination on SOGI grounds. They are familiar

In their work, they are guided by the international

with hate crimes and hate speech on the grounds

human rights standards, and recently they have

of SOGI, anti-discrimination legislation and

been focusing their work on raising the awareness

reports, as well as the Ombudsman’s Special report

of accessibility of audio-visual content. The

on the state of LGBTI rights.

Agency doesn’t directly consult the civil society

LGBTQI issues, Public Administration Reform, and Open Government in Bosnia and Herzegovina

LGBTI community Survey When asked if they have ever addressed public institutions of Bosnia and Herzegovina, most of the respondents, 60.8%, said they have not, while 39.2% said they have contacted the institutions.

organizations working on LGBTI rights (they are

JesteADDRESSED li se ikad obraćali javnim institucijama u Bosni i Hercegovini? HAVE YOU EVER PUBLIC INSTITUTIONS OF BOSNIA AND HERZEGOVINA?

aware there are those working on the issues, and are in contact with SOC), but just as others do, they use the e-consultation platform.

Communications Regulatory Agency (CRA)

39.2%

There were no cases in the area of employment,

Yes Da

but they had direct contact with LGBTI people

through the hate speech complaint mechanism

No Ne

60.8%

related to their mandate. They believe they are familiar with the LGBTI issues in BiH, due to history of the Agency’s establishment, but with a more proactive approach

Of those who did address the institutions, the majority (62.07%) did so multiple times in a year, while 27.59% have

of LGBTI civil society organizations in the past

done so once in a year or only in exceptional cases (10.34%).

several years, there has been an evident progress in the visibility of these issues and the urgency for the institutions to start tackling them.

HOW OFTEN? Kako često?

Representatives of CRA are very active, and are

100 100.00

taking part in the working group for the LGBTI

90 90.00

Equality Action Plan. In line with their mandate,

80 80.00

they are focused on the representation of LGBTI

70 70.00

people in the media. During 2020, they plan

60 60.00

to include the SOC initiative to harmonize the

50 50.00

regulations governing their work with the EU

40 40.00

Audiovisual Media Services Directive.

30 30.00

Essentially, they are following the OGP principles

20 20.00

in their work. They have taken part in training

10 10.00

organized by the GIZ, and are proud of the achieved level of openness and transparency, but they are aware of their shortcomings in this sense, and are currently working to address them. Although there isn’t a specific internal antidiscrimination policy or rulebook, there

62.07

27.59 10.34

0 0.00

Jednom Once godišnje a year

Više puta godišnje Multiple times in a year

Samo u izuzetnim Only in exceptional cases slučajevima

The institutions that were most contacted were the Ministry of Human Rights and Refugees of Bosnia and Herzegovina and the Ministry of Justice of Bosnia and Herzegovina, followed by the Institution of Human Rights Ombudsman of BiH, and other institutions as presented in the graph below.

LGBTQI issues, Public Administration Reform, and Open Government in Bosnia and Herzegovina

Naziv institucije (f) NAME OF THE INSTITUTION (f)

Ministarstvo vanjskih poslova BiH Ministry of Foreign Affairs of BiH

Ministarstvo odbrane BiH Ministry of Defence of BiH

When asked if they think that their LGBTI identity has influenced the conduct of the institution or person

employed in the institution, the majority (62.5%) said no, while 20.8% said it had an influence on the conduct.

Ministry of Security of Bosnia and iHerzegovina Ministarstvo sigurnosti Bosne Hercegovine

Ministry of Human Rights and Refugees of BiH Ministarstvo za ljudska prava i izbjeglice BiH

Ministry ofcivilnih Civil Affairs of BiH Ministastvo poslova BiH

DO YOU THINK THAT YOUR LGBTI IDENTITY HAS INFLUENCED THE CONDUCT OF THE INSTITUTION / CIVIL IN ustanove YOUR CASE? Smatrate li da je vaš LGBTI identitet utjecao naSERVANT ponašanje / državnog službenika u vašem slučaju?

BiH Ministry of Justice (OGP Member) Ministarstvo pravde BiH (učestvuje u OGP)

for Statistics (OGP Member) AgencijaAgency za statistiku BiH (učestvuje u OGP)

Civil Agencija za Service državnuAgency službu

Agency Gender Equality of BiH Agencija za for ravnopravnost polova BiH

8.3%

BiH Regulatorna Communications Regulatory Agency (CRA) agencija za komunikacije BiH

20.8%

8.3%

Ombudsman InstitutionInstitucija for the Protection of Human Rightsljudskih… of BiH ombudsmena za zaštitu

Da Yes

10 10

Ne No

12 12

Ne, No,nisam I’m notautovan*a out Ne znam I don’t know

Described in the percentages, 16.13% of members of the LGBTI community were contacting the institutions 62.5%

requesting the access to information, while other requests were related to issuing of documents (13.98%), filing an appeal against the decision of the institution (11.83%), submitting forms and reports to competent institutions (10.57%), followed by other requests presented in the graph below.

A stated, considering that their sexual orientation is not visible unless told, they did not feel like they were treated any differently, but they do fear they would be mistreated if their sexual orientation had been known.

NATURE OF THE REQUEST (%)

Priroda zahtjeva (%)

Applying forza the job Aplikacija posao

This was partially confirmed through a question regarding whether they had experienced any mistreatment

6.45

Addressing embassies andObraćanje diplomaticambasadama and consular missions of BiH i… i diplomatskim

due to their LGBTI identity, in which 45.45% of them confirmed this statement and 9.09% said that they

5.38

Appeal against the Žalba decision the institution na of odluku institucije

believed there had been some inappropriate comments.

11.83

Submittingobrazaca forms and reports Podnošenje i izvještaja

10.75

Requesting access to information Traženje pristupa informacijama

16.13

Issuing dokumentacije of documents Izdavanje

13.98

Registration of the Association Registracija Udruženja

HAS THERE BEEN ANY INAPPROPRIATE TREATMENT BY A CIVIL SERVANT OR INSTITUTION BECAUSE OF YOUR LGBTI IDENTITY? Da li ste zbog svog LGBTI identiteta bili izloženi bio kakvom neprimjerenom tretmanu od strane državnog službenika?

7.53

Appeal for violation of Žalba laws and other legalzakona acts (rules, codes, etc.) zbog kršenja i drugih pravnih…

9.68

Participation in the creation of laws, policies and budgets (eg. through Učešće u izradi zakona, politika i budžeta… participation in public hearings, meetings or use of the e-consulting platforms)

5.38

60.00 60

Tužbafor zbog kršenja ljudskihrights prava The complaint violation of human

9.68

Criminal Krivična complaints, appeals tužba, žalbe

1.08

Rights inquiries, complaints Upiti o pravima, pritužbe

1.08

Inquiry regarding the problems caused by u the failure of the institutions of BiH Upiti vezi sa problemima uzrokovanim…

50.00 50 40.00 40

Some of the requests related to the LGBTI identity, as stated by the participants, were related to changing their official name (as a trans person), reporting homophobic content on local radio shows, reporting harassment due to sexual orientation, filing a complaint about losing a job for having a same-sex partner, and other complaints to the competent authorities on the violation of the human rights of LGBTI people.

33.33

30 30.00

1.08 2

55.56

18 18

20 20.00

11.11

10 10.00 0 0.00 Yes Da

No Ne

NotNe directly but Iali believe there have direktno, mislim da je been comments bilo inapropriate nekih neprimjerenih komentara

LGBTQI issues, Public Administration Reform, and Open Government in Bosnia and Herzegovina

When asked if they had filed a complaint, only three of them had. As for the outcome of the complaints, they stated

LGBTQI issues, Public Administration Reform, and Open Government in Bosnia and Herzegovina

REASONS FOR NOT CONTACTING THE PUBLIC INSTITUTIONS OF BOSNIA AND HERZEGOVINA (%)

that they had received the feedback that there was not enough evidence, or they did not receive any response at all. One of them received a response from the legal department within the institution offering an apology, issuing a

Razlozi zbog kojih niste kontaktirali javne institucije Bosne i Hercegovine (%) Nisam morao*la I did not have to

warning notice to the employee, and responding in part to other questions raised in the complaint.

62.79

Nisam znao*la kome da seto obratim I did not know to whom talk to Nemam povjerenjainuinstitutions institucije I have no confidence

DID YOU COMPLAIN WITHIN THE INSTITUTION CONCERNED AND WAS

Jeste THERE li se žalili unutar/ odnosne institucije, i da COMPLAIN li je postojala / A PERSON DEPARTMENT YOU COULD TO?osoba (f) odjel kojemu ste se mogli žaliti? (f) 66

44 33

4.65

Neće ništa poduzeti (neće riješiti predmet i They will not act on it (they do not solve the cases and are irresponsible) nedogovorni su)

9.30

They are reliable Nisunot pouzdani

Yes Da

2.33

Because the anxiety Zbogof anskioznosti

6.98

Imam osjećaj doživjeti diskriminaciju I have the feeling that Ida willću experience discrimination

4.65

2.33

Because I’m a minor // young Zato što sam maloljetan*na mladaperson osoba

4.65

Zato Because što su homofobični i nisu educirani ljudskim they are homophobic and notoeducated on the human pravima LGBTI rights osobaof LGBTI people

No Ne

2.33

Zatowin štoin liberalizam ne conservative može pobijediti u Because liberalism cannot an extremely society ekstremno konzervativnom društvu gdje su… where many topics are tabooed by the influence of religions 0

2.33 10

Of those who did not address any institution, the majority (62.79%) said this was because they did not have a reason to do so. Other answers were related to a general lack of trust in the institution and the quality of their

Respondents have identified as a problem a lack of professional approach in the work of institutions (20.90%),

work, as presented in the graph below.

followed by lack of inclusivity (17.91%), lack of accountability (16.42%) lack of transparency (14.93%), presence of discriminatory practice and unequal treatment (13.43%), and other problems presented in the graph below. Smatrate da se javne ustanove rukovodeotvorene principima otvorene vlade Smatrate li da se javneliustanove rukovode principima vlade (transparentnost, efikasnost, odgovornost, u radu sa svim (transparentnost, efikasnost, odgovornost, inkluzivnost)inkluzivnost) u radu sa svim građanima? (f) građanima? (f)

DID YOU COMPLAIN ABOUT BAD TREATMENT?

Jeste li se žalili na loš tretman? 55 44

8.1%

DO YOU THINK THAT PUBLIC INSTITUTIONS ARE GUIDED BY THE PRINCIPLES OF OPEN GOVERNMENT (TRANSPARENCY, EFFICIENCY, ACCOUNTABILITY, INCLUSIVITY) IN THEIR WORK WITH ALL CITIZENS? (f)

Yes Da

Ne No

91.9%

00 Yes Da

No Ne

When asked if they think that public institutions are guided by the principles of open government in their work

Out of the total sample, 93.2% of respondents think that the institutions are not sensitized to work with LGBTI

with all citizens, the vast majority (91.9%) said no, and only 8.1% agreed that they are.

people, and only 6.8% think the opposite.

LGBTQI issues, Public Administration Reform, and Open Government in Bosnia and Herzegovina

OPINIONS ON WHY PUBLIC INSTITUTIONS ARE NOT GUIDED BY Mišljenje o tome zašto se javne ustanove ne rukovodeTHE principima otvorene vlade(%) PRINCIPLES OF OPEN GOVERNMENT (%)

Lacktransparentnosti of transparency Nedovoljno

LGBTQI issues, Public Administration Reform, and Open Government in Bosnia and Herzegovina

DO YOU FIND THAT PUBLIC ADMINISTRATION INSTITUTIONS GUIDED BY THE PRINCIPLES OF OPEN Smatrate li da su institucije javne uprave koje se u svom radu rukovode principima otvorene GOVERNMENT IN THEIR WORK (TRANSPARENCY, EFFICIENCY, ACCOUNTABILITY, INCLUSIVITY) vlade (transparentnost, efikasnost, odgovornost, inkluzivnost) senzibilizirane za rad sa LGBTI ARE SENSITIZED TO WORK WITH LGBTI PEOPLE? osobama?

14.93

Lack inkluzivnosti of inclusivity Nedovoljno

6.8%

17.91

Lack ofefikasnosti efficiency Nedovoljno

10.45

Lack of accountability Nedovoljno odgovornosti

16.42

Lack of proffesional approachpristupa in work Nedostatak profesionalnog

Da Yes

20.90

Presence of discriminatory practicediskriminatornih and unequal treatment Postojanje praksi

Ne No

13.43

Inadequate communication with the citizens Neadekvatna komunikacija sa… Approach variesvarira from institution to institution Pristup od jedne institucije do…

Nedovoljna senzibiliziranost Lack of sensitization for work and marginalized groups

1.49

93.2%

2.99 1.49

0 0.00

5 5.00

10 10.00

15 15.00

20 20.00

25 25.00

Lack of employee education on the human rights situation of LGBTI persons and their position in BiH society is

information on their sexual orientation with them due to the nature of the request. Even in a case of a trans*

perceived as the biggest labor issue with the LGBTI community. They feel that their subjective attitudes – prejudice

person, they had never had a negative experience with the institutions, even though they had to present documents

and homophobia – are present in their work, preventing them from doing their job professionally when providing

at almost every interaction. Two individuals stated that they did not experience any mistreatment personally

services to the LGBTI community. Additionally, they are not familiar with the rights envisaged by the laws, and the

but had been present when employees of the institutions were voicing their negative opinions on the LGBTI

Law on Prohibition of Discrimination in particular. On the other hand, they did state that there were several cases

community (e.g. ‘“I hate faggots. Lesbians I can understand, but not gays”).

when the employees were extremely professional and helpful; still, those were isolated cases, whereas this should be the norm in the work of institutions.

As a follow-up question on this, they were asked if they were familiar with their right to lodge a complaint in cases of inadequate treatment by civil servants, and that there are bodies and institutions to which they could appeal. Most of them stated that they did know that they could file a complaint, but not to whom, nor whether there is a special department within the institution that deals with complaints. As for the right to access information, three participants stated they were familiar with their right to access

FOCUS GROUP

information, and that institutions are required to respond within 15 days upon receiving the request; three were not informed of this right. Of those who did exercise this right, requests were related to LGBTI matters – for example,

Members of the focus group had all addressed public institutions on a national level within BiH, for multiple

if the question was related to a number of cases on any ground, their response was mainly that they did not have

reasons, part of them being their personal matters and part being due to their work as activists. The institutions

such cases, which is an indicator, as stated by the participant, of the institution’s incompetence or that LGBTI

involved were the BiH Ministry of Human Rights and Refugees, the Regulatory Agency for Communications, the

persons fear to approach the institution.

Ministry of Justice, the Indirect Taxation Authority, and the Court of Bosnia and Herzegovina. Some of the members stated that they have mentioned their LGBTI identity, be that because of their professional engagement and nature of the request, or having changed their documents (trans* person). When asked if they were ever mistreated by the employees because of their identity, the majority stated that they did not have any negative experience when approaching the institutions, primarily because they did not have to share the

LGBTQI issues, Public Administration Reform, and Open Government in Bosnia and Herzegovina

Perceptions combined: LGBTI issues in the context of the PAR and the OG from two perspectives With our data collection with institutions, we have set out to examine three main areas on the one hand: the institutions’ practices and level of sensitization towards LGBTI people/issues; the OGP principles of transparency, efficiency, responsibility and inclusion; and how well-informed they are about their LGBTI users and their human rights. Since the openness of governments and the reform of public administration are processes that must have the needs and perceptions of the end user in mind, in this case LGBTI citizens of Bosnia and Herzegovina, these findings needed to be cross referenced with the voices coming from the LGBTI community. Most of the institutions interviewed do not come into direct contact with LGBTI people, but do come into contact with the issues through LGBTI organizations. This is easily explained in part by the mandate of the institutions at the state level: Their role is mostly one of coordination of the lower levels of administration and governance, and they rarely offer direct services and contact to citizens as they are concerned with state-level strategies, policies, laws and budgets. LGBTI organizations are more likely than LGBTI individuals to develop the expertise and knowledge needed to affect these political processes and legal acts. Only those institutions whose mandate includes protection, promotion and safeguarding human rights have reported that they have had direct contact with LGBTI people. LGBTI respondents confirm that they do indeed reach out to these institutions. However, the top 5 institutions they reach out to also include the Ministry

LGBTQI issues, Public Administration Reform, and Open Government in Bosnia and Herzegovina

of Justice, Ministry of Foreign Affairs and Ministry

and public institutions remain hidden.

of Security. Some of our respondents have applied to work in the mapped institutions. This invisibility

In the course of the additional internal education,

can be interpreted in light of the fact that sexual

specialization and training programs conducted within

orientation, gender identity and sex characteristics,

institutions, public servants and representatives of the

unless specifically and explicitly disclosed, might not

institutions interviewed did not have the chance to learn

be visible unless they fit into the heteronormative

more about LGBTI human rights, nor the condition,

matrix i.e. are in line with binary male-female gender

position, or the problems that LGBTI people face in

expression, mannerism, behavior and roles. LGBTI

Bosnia and Herzegovina. LGBTI issues and the human

people only come out in work settings where and when

rights of LGBTI people were brought to the attention of

they feel welcome and protected, and without any fear

BiH institutions and were included in the institutional

of retributions that might affect their livelihood and

agenda only in 2015. This is compounded by the

their mental wellbeing. Therefore, most direct contact

uniqueness of the LGBTI population as a very invisible

with LGBTI people remained under the radar for many

minority: LGBTI people only become visible and feel

institutions.

comfortable being ‘out’ in welcoming, accepting and social settings that prove beyond doubt they will not

It also points to the fact that the LGBTI citizens are

be a place of secondary victimization, and those where

still seen by public servants as one dimensional,

it’s explicitly clear that organizational culture does not

where their LGBTI identity is a key factor in their

approve of homo/bi/transphobic behavior.

dealings with public administration. Whereas some of the most numerous instances where LGBTI people

Hence it is no surprise that most of the public servants

have contacted institutions took place because they

interviewed have a very strict understanding that

needed access to certain information, LGBTI people

the gender-blind (and sexual-orientation-, gender-

are viewed as citizens who only need public service

identity-, and sexcharacteristic-blind) legal regulations

and protection from violence and discrimination on

and policies serve to protect and cover all the needs

the grounds of sexual orientation, gender identity

of LGBTI people, and that existing laws such as the

and sex characteristics by interviewed institution

Anti-Discrimination Law, general ethical codes, and

representatives. Even in these cases, and not in all

disciplinary mechanisms offer ample protection from

instances, the extent and grounds of discrimination

discrimination in the workplace and in access to

might be recognized. A small number of institutions,

services to LGBTI people. There is no awareness of

again those whose mandate directly involves the

the need for the special acts tackling the historically

protection and safeguarding of LGBTI human rights,

unfair position of LGBTI people and other minorities

such as the Ombudsman for Human Rights, the Gender

– e.g. affirmative measures or clear, specialized anti-

Equality Agency, and the Communications Regulatory

discrimination policies and mechanisms – although

Agency, recognize freedom of assembly, hate speech,

there is acknowledgement and recognition of the

legal gender recognition and same-sex partnership as

affirmative measures related to constituent peoples.

important issues. However, numerous issues that arise

Some even deny the need for specialized, affirmative

from underlying homo/bi/transphobia in the everyday

measures for any minority, which demonstrates a lack

lives of LGBTI people in Bosnia and Herzegovina that

of understanding of why and how affirmative measures

might affect their access to adequate public services

are introduced, but curiously do not see anything unfair

about the introduced measures related to zero tolerance to sexual harassment or gender-based violence (a very gendered measure), since it came as a conclusion from the Council of Ministers.

LGBTQI issues, Public Administration Reform, and Open Government in Bosnia and Herzegovina

COVID-19 and LGBTI issues: a strong case for generally more open (digital) administration

meetings and dealings are either unsafe, as in times of health or other crises such as natural disasters (as long as the Internet infrastructure is intact), or when the citizens belong to groups that might benefit from digitally blind contact with minorities, such as is the

It is interesting that an overwhelming majority the

Data collection that also encompassed the interviews

case with LGBTI people where discrimination or

LGBTI people interviewed consider that the institutions

with the institutions on the level of BiH that was

possible victimization might occur due to visibly non-

are not guided by the OGP principles in their general

aimed at helping us detect and identify gaps in the

conforming gender expression.

work with citizens (92%), and that they believe that

knowledge and/or skills of civil servants within

the same applies to their work with LGBTI citizens

the public administration when dealing with

Due to the COVID-19 pandemic which coincided

(93%). The institution representatives interviewed are,

LGBTQI citizens and groups, and/or when dealing

with the conduction of this research and the report

on the other hand, proud of their accomplishments

with LGBTQI issues, has been hampered by the

drafting, another important issue that had arisen

and improvements in the OGP and PAR areas. This

measures prescribed by the local institutions due

is the treatment of the LGBTI migrants in BiH. In

might comment on the level of open and transparent

to the COVID-19 pandemic at the beginning of

that respect, the activists and the LGBTI community

communication and trust between the LGBTI

March 2020. Some of the mapped institutions had

members recommended that the institutions in

community and the institutions interviewed. Generally,

to redirect their work to tackle health, security and

charge ensure that LGBTI migrants receive adequate

the LGBTI communityâ&#x20AC;&#x2122;s distrust in any institution

other repercussions of the COVID-19 pandemic,

protection from discrimination and violence

(judiciary, for example) automatically transfers to

and understandably could not be available for the

motivated by their sexual orientation, gender identity

all institutions, unless there is an explicit and open

interviews, in-person or otherwise. Few, however,

or sex characteristics, and that they should be

support for LGBTI human rights. Otherwise, the LGBTI

showed a lack of willingness to accept our invitation

provided with a safe space and informed about the

community assumes the position of distrust, even when

for the interview, explained by their failure to

work of relevant CSOs they could reach out to. In

there is certain progress in relation to inclusiveness

recognize that their work and their mandate might

terms of equal treatment of LGBTI persons during

and openness that doesnâ&#x20AC;&#x2122;t unequivocally address

have an impact on the lives of LGBTI people.

the pandemic, it was stressed that the relaxation of the pandemic-induced safety measures that are

LGBTI people. In this light, existing platforms such as e-consultation, as well as the work of the institutions

Although the imposed social distancing measures

being applied to the citizens need to be applied

that protect, safeguard, promote, and value the rights

made it hard and/or impossible to organize and

equally to the migrants, including LGBTI migrants,

and needs of LGBTI people need to be presented

conduct in-person interviews, a few interviews

and that the measures imposed cannot be used as a

directly to the LGBTI community to have a more

did take place in the online sphere, using freely

means to restrict their freedom of movement or any

significant effect, and LGBTI organizations can play a

and widely accessible digital meeting/conference

of their other human rights.

crucial role in this process, particularly those that they

platforms. In the light of the COVID-19 pandemic

have been recognized by both parties as an expert

and recommendations coming from the respondents

As much as the spaces for physical and in-person

advocate for LGBTI human rights.

in the LGBTI community, it might be reasonable

interaction have closed off in the time of pandemic,

to put more emphasis on the digitalization of the

obstructing and choking not only private but

public administration and transfer as much of the

more so public dealings, including the contact of

communication between citizens, civil society and

(LGBTI) citizens with the public administration,

public administration to IT and online platforms

(post) COVID-19 conditions have opened the

and databases. The benefits of such actions might

possibility for new approaches to open governments,

be at least twofold. A higher level of service and

and exacerbated the needs of some of the most

communication digitalization would enable (quick)

marginalized citizens, the responses to which need to

administrative response times when in-person

be rethought in the near future.

LGBTQI issues, Public Administration Reform, and Open Government in Bosnia and Herzegovina

To organize public hearings of the organizations that refuse or fail to act according to the recommendations of the Institution of Human Rights Ombudsman of BiH, to publicly inform the citizens which legislation

CONCLUSIONS AND RECOMMENDATIONS

and rights they violated and which malpractices they continue to apply despite the given recommendations. -

To ensure more direct contact between LGBTI organizations and public administration on all levels in order to exchange information, existing good practices, and knowledge related to OGP.

During the interviews with the public administration bodies on the BiH level,

To help state level administration to strengthen their coordination role in setting minimal standards for the protection of LGBTI human rights

and through the questionnaire and the focus group for the LGBTI community,

on the lower administrative levels.

several issues came into light that could enhance the relationship of trust between LGBTI citizens and public administration, as well as make the public administration more open, transparent, citizen friendly, and sensitized to the rights and needs of the social minorities. Due to distinction in their sources, the recommendations for further advancement of the public administrationâ&#x20AC;&#x2122;s approach to LGBTI persons in the context of the open government, will be

The recommendations of the LGBTI community were the following: -

the principles of open governments in their internal acts and policies,

presented separately. The recommendations of the public administration bodies were: -

To ensure adequate legal and policy grounds for the collection of data

and mirror this dedication in their practices and communication towards the public; -

To ensure that the institutions on all levels are collecting relevant institutional information on LGBTI citizens without endangering their

of its representatives; -

To mainstreaming the human rights of LGBTI people in the general human rights component of the public administration reform process;

- -

engage them in this process; -

To introduce mandatory human rights education to civil servants;

To ensure that each of the educational programs for civil servants on the human rights of LGBTI people includes an open library concept

To open the lines of discussion with the Open Government Partnership to include LGBTI-specific measures in the new BiH OGP plan; To ensure adequate capacities of the public administration bodies that

with LGBTI persons; -

To introduce mandatory education for all civil servants, which must

information change; -

implementation of the existing legislation in this regard;

maltreatment and possible discrimination by civil servants; -

c) education on freedom of access to information and personal data protection.

To digitalize the public administration and transfer as much of the communication between the citizens, civil society and public

b) education on human rights, especially human rights of minorities, including LGBTI persons; and

To ensure that the process of document and personal information changes for trans people is conducted online, to avoid unnecessary

include: a) education on anti-discrimination of all social categories and

To ensure additional education for public servants on the human rights of trans persons, especially in the context of document and personal

engage in human rights protection and promotion to ensure the proper implementation of their activities;

To campaign publicly on the topic of public administration reform to make it more visible and understandable to citizens, as well as to

identity and safety, and submitting them to the relevant statistical institutions in BiH;

To enhance public dedication of the public administration bodies to the human rights of LGBTI people - through the direct and clear statements

related to LGBTI citizens â&#x20AC;&#x201C; if this is necessary; -

To explicitly state the dedication of all public administration bodies to

administration to IT and online platforms and databases; -

To enhance and strengthen the capacities of the institutions and internal mechanisms in charge of human rights protection for

LGBTQI issues, Public Administration Reform, and Open Government in Bosnia and Herzegovina

employees and beneficiaries of the public administration bodies; - - - -

To enhance the cooperation of public administration bodies with the

In the context of public administration reform and the open government

civil society organizations working with LGBTI persons;

partnership, the representatives of the institutions suggested the possible

To initiate the change and the adoption of the legislation and policies

inclusion of LGBTI-specific measures in the existing policies; however, the LGBTI

necessary to enhance the human rights of LGBTI persons;

community identified communication as the first necessary step in this process.

To incorporate the mainstreaming of LGBTI human rights in all yearly

LGBTI persons identified the lack of constant, strategic, and comprehensive

activity/work plans of public administration bodies;

communication on the public reform process as something that needs to change

To introduce the principle of non-discrimination, including against

in order to improve their access to and relationship with public administration

LGBTI persons, in all the internal acts of the public administration

bodies. In the opinion of the LGBTI community, the public administration bodies

bodies;

also need to be more vocal and consistent in their public support for LGBTI

To ensure the inclusion of LGBTI human rights in all legislation, policies

human rights.

and acts developed by the public administration bodies; - - -

To introduce protocols on the approach towards marginalized groups,

The LGBTI community also identified digitalization and the possibility of online

including LGBTI persons, in all public administration bodies;

communication with the public administration bodies as something that could

To introduce an online reporting system for malpractice of civil servants

improve its transparency, openness and efficiency, as well as minimize possible

that citizens can use;

mistreatment and discriminatory practices. Such communication would also

To introduce some sort of publicly visible sanction (monetary) for civil

make for easier and less administratively complex access to information for all

servants for not fulfilling their duties, their discriminatory behavior, and

citizens, and minimize cases where the right to freedom of access to information

hate speech against LGBTI persons and other marginalized groups;

is violated.

To ensure that all public administration bodies publish their yearly activity reports, budgets, and any information regarding spending their

In terms of communication and dedication to the human rights of LGBTI people,

resources;

both the Institution of Human Rights Ombudsman and the LGBTI community

To increase the visibility of LGBTI civil servants and public officials.

see the lack of any sanctions of publicizing the malpractices of the institutions and their representatives as an obstacle to a relationship of trust between public

What came out as the most necessary and the primary step, on which both

administration and LGBTI citizens. In this regard, some sort of public hearing

the LGBTI persons and the representatives of the institutions agree, was the

or public condemnation of hate speech/crimes and discriminatory behavior/

education of civil servants on the issues of human rights, especially issues of

practices needs to become a practice within the management of the public

discrimination, minority and human rights of LGBTI people. Another step is

administration bodies. The LGBTI community also recommended for monetary

definitely a strategic and supportive approach to the human rights of LGBTI

fines to be introduced in these cases in order to adequately sanction the bodies

people, which needs to be represented through the inclusion of LGBTI rights

or their employees that are violating human rights.

in all policies, strategies and acts developed by the public administration bodies. This approach should also be strengthened through the adoption of

It is clear that the practice of ignoring the human rights of LGBTI people, and of

internal anti-discrimination acts, and the establishment of specific and efficient

not addressing instances of discrimination and malpractice, led to the disruption

internal mechanisms for protection against discrimination of both employees

of trust between the LGBTI community and public administration bodies in BiH.

and citizens. The representatives of institutions also recognized the need

What became evident through this research is that the LGBTI citizens in BiH

for their capacities to be strengthened both through education and through

expect its public administration to be open and transparent in both its successes

the engagement of additional staff. This would ensure: the constant and

and its failures, to address them clearly, and to work closely with civil society to

comprehensive implementation of existing legislation and practices; a proactive

install new and inclusive practices from which all citizens will benefit.

approach to human rights in general, and to the human rights of LGBTI people; and the introduction of concrete measures and activities in this regard.

LGBTQI issues, Public Administration Reform, and Open Government in Bosnia and Herzegovina

ANNEXES

LGBTQI issues, Public Administration Reform, and Open Government in Bosnia and Herzegovina

Access to public administration at the level of Bosnia and Herzegovina 1. Have you ever contacted any (public administration) institutions of Bosnia and Herzegovina?

Annex 1. Questionnaire for the LGBTI community The aim of this questionnaire is to identify the concrete problems that LGBTI people face when accessing institutions of public administration in Bosnia and Herzegovina. Based on the responses provided, some concrete measures will be recommended for the institutions to implement in order to become more open and sensitized in their work with LGBTI citizens. Please spend 15 minutes of your time to complete the questionnaire. Completing the questionnaire is anonymous and voluntary, and your participation is very important to us. The information gathered in this questionnaire will not be disclosed or shared with third parties. Please complete the personal information as asked below:. Year of birth: _______________________ Sex (select one of the responses provided or add your own): o Female o Male o Intersex o Other: _______________________ Gender (select one of the responses provided or add your own): o Female o Male o Transgender o I do not identify o Other: _______________________ In terms of my sexual orientation I identify as: o Lesbian o Gay man o Bisexual o Heterosexual o Other: _______________________

YES NO 2. If YES, how often: - once a year - multiple times in a year - only in exceptional cases (once in past 4 years) 2. If not, please state the reason for not contacting any national public institutions of Bosnia and Herzegovina. 3. If yes, which institution(s) have you contacted? Ministry of Foreign Affairs of BiH (diplomatic and consular offices, embassies of BiH) Ministry of Defence of BiH (Armed Forces of BiH) Ministry of Security of BiH (Border Police of BiH) Ministry of Foreign Trade and Economic Relations of BiH Ministry of Communications and Transport of BiH Ministry of Human Rights and Refugees of BiH Ministry of Civil Affairs of BiH Ministry of Finances and Treasury of BiH Ministry of Justice of BIH Public Procurement Agency of BiH Agency for the Prevention of Corruption and Coordination of the Fight against Corruption Agency for Statistics of BiH Public Administration Reform Coordinatorâ&#x20AC;&#x2122;s Office Civil Service Agency Agency for Gender Equality of BiH Communications Regulatory Agency (CRA) Institution of Human Rights Ombudsman of BiH Other: _______________ 4. If YES, what was the nature of your request? EMPLOYMENT AND LABOR / SERVICE IN PUBLIC INSTITUTIONS - applying for a job/service - promotion at work/service

LGBTQI issues, Public Administration Reform, and Open Government in Bosnia and Herzegovina

Recommendations EXERCISING / PROTECTING A RIGHT - Request for access to information

10. Do you think that the public administration institutions are guided by the principles of open government

- Issuing of documents

(transparency, efficiency, accountability, inclusivity) when dealing with all citizens?

- Registration of an Association - Addressing embassies and diplomatic-consular offices of BiH

YES NO Please explain your response.

PROTECTION OF RIGHTS - Appealing a decision made by the institution

11. Do you think that public administration institutions that are guided by the principles of open government

- Complaints against violation of laws or other regulations (rulebooks, codes, etc.)

(transparency, efficiency, accountability, inclusivity) are sensitized to work with LGBTI people?

- Complaints against violations of human rights

YES NO Please explain your response.

CITIZENSâ&#x20AC;&#x2122; PARTICIPATION IN THE WORK OF INSTITUTIONS - Participation in the creation of laws, policies and budgets (e.g. by participating in public discussions, meetings, or

12. Do you have any recommendations as to how the public administration institutions could improve their

using the e-consultations platform)

approach in the context of open government when working with LGBTI people? Please elaborate.â&#x20AC;&#x192;

ADMINISTRATIVE PROCEDURES - Submitting forms or reports Other: _______________ 5. Please provide details regarding your response (nature of the request, appeal, address, etc.)? 6. Do you think that your LGBTI identity has influenced the conduct of the institution / civil servant in your case? YES NO Please explain your response in detail. 7. If there has been any inappropriate treatment by a civil servant or institution because of your LGBTI identity, have you complained about that? If not, why? 8. If YES, did you complain to the institution concerned, and was there a person / department you could complain to? 9. What was the outcome of your complaint?

LGBTQI issues, Public Administration Reform, and Open Government in Bosnia and Herzegovina

Annex 2. Guidelines for the focus group with the LGBTI community members

Annex 3. Guidelines for the interviews with the representatives from the public institutions

Access to public administration at the level of Bosnia and Herzegovina

Practice and sensibility of institutions to work with LGBTQI people

1. Have you ever contacted (public administration) institutions of Bosnia and Herzegovina? 2. If yes, how often?

1. Have you been in contact with LGBTI people in your professional work so far? If yes, what was the reason and

What was the institution you contacted?

outcome of such contacts?

2. If not, please state the reasons why have you never contacted (public administration) institutions of Bosnia and

2. Do you think that your institution is sensitized to deal with LGBTI people?

Herzegovina. 3. Have you received, as a part of your professional development programmes, any human rights education that 3. If yes, what was the nature of your request/application, and was it in any way related to your LGBTI identity?

includes minority rights, including the right of LGBTQI people?

4. Has there been any inappropriate conduct by civil servant in your case? Do you think that your LGBTI identity has influenced the conduct of the institution/civil servant in your case?

Transparency, efficiency, accountability, inclusivity of institutions when working with all citizens, with special focus on minorities (LGBTQI people)

5. If there had been any inappropriate conduct because of your LGBTI identity, did you complain against such conduct? If not, why?

4. Do you think that your institution is guided by principles of open government (transparency, efficiency, accountability, inclusivity) in its work with all citizens?

6. If yes, did you complain within the respective institution, and was there a person/department you could complain to? What was the outcome of your complaint?

5. Does your institution have a formally adopted policy / rulebook prohibiting discrimination in your institution, but also when working with your clients?

7. Are you aware that you have the right to complain in cases of inappropriate conduct on the part of civil servants, and that there are bodies and institutions you can complain to? Would you be able to identify such bodies and

6. Is there a mechanism in place in your institution for employees and clients to report cases of discrimination or

institutions if necessary?

inappropriate conduct?

8. Are you aware that you can submit to institutions of BiH the request to access information from their scope of

7. When creating drafts and proposals of policies/laws/budgets/other legal acts, do you take into consideration

responsibility, and that the institutions are obliged to respond within 15 days?

human rights, including minority human rights?

9. Have you ever filed a request to access information to institutions of BiH? If yes, did you receive their response

8. While creating drafts and proposals of policies/laws/budgets/other legal acts, have you consulted civil society

within the time specified by law? Was the request related to LGBTI issues? If yes, did that influence the response in

organisations, specifically organizations dealing with human rights of LGBTQI people?

any way (delays, refusal to respond, shifting responsibility onto someone else, etc.)? 9. Are you familiar with the existence and work of organizations working on the human rights of LGBTQI people in Bosnia and Herzegovina? Recommendations 10. Do you think that the public administration institutions are guided by the principles of open government

Level of information about the clients and human rights â&#x20AC;&#x201C; how much do they know about whether and for what

(transparency, efficiency, accountability, inclusivity) in their work with all citizens?

reasons LGBTQI people contact them?

12. Do you have any recommendations on how the public administration institutions could improve their approach

10. Do you know how many LGBTQI people/organizations working on the human rights of LGBTQI people contact

to their work with LGBTI people in the context of open government?

you on an annual basis?

LGBTQI issues, Public Administration Reform, and Open Government in Bosnia and Herzegovina

Annex 4. List of institutions that have agreed to participate in the research 11. Are you familiar with the reasons why they contact your institution? 12. How much do you know about the topic of the human rights of LGBTQI people in BiH? Do you know what is

1. Ministry of Security of Bosnia and Herzegovina

the role of your institution in ensuring compliance and the protection of such rights? 2. Ministry of Civil Affairs of BiH Recommendations as to how to improve the public administration institutionsâ&#x20AC;&#x2122; approach in the context of open

3. Agency for Statistics

government 4. Public Administration Reform Coordinatorâ&#x20AC;&#x2122;s Office 13. Do you have any recommendations on how your institution could improve their approach to LGBTI people in the context of open government?

5. Civil Service Agency 6. Agency for Gender Equality of BiH 7. BiH Communications Regulatory Agency (CRA) 8. Ombudsman Institution for the Protection of Human Rights of BiH

LGBTQI issues, Public Administration Reform, and Open Government in Bosnia and Herzegovina

Programme for Strengthening of Public Institutions in Bosnia and Herzegovina Pilot Project “Inclusion of LGBTQI Issues in Open Government Approaches in BiH” Maršala Tita 22 Phone +387 (0)33 953 300 Fax +387 (0)33 953 311 www.giz.de/en/worldwide/21066.html

On behalf of the German Federal Ministry for Economic Cooperation and Development (BMZ)

LGBTQI issues, Public Administration Reform, and Open Government in Bosnia and Herzegovina