Women and governance in Eastern Europe and CIS Željka Marković -Sekulić

Women and governance in Eastern Europe and CIS Monitoring the situation in a given social area, including the position of women and men in that area, is based on data collection and processing. Article 18. of the Law stipulates that all state organs, public institutions, state and private enterprises and other subjects have to ensure the collecting of gender-disaggregated data for all information on individuals. The data have to be available to the public.

Women and governance in eastern Europe and CIS MUNICIPAL ELECTION COMMISSIONS – STATISTIC DATA ON THE STATE LEVEL 501 of 515 available positions have been filled Gender structure of the appointed members in the municipal election commissions. TOTAL MEN WOMEN ,07% ,12% Census from 1991 TOTAL CROATS BOSNIAKS SERBS OTHER ,38% 43,48% 31,21% 7,93% Ethnic structure of the appointed members of the municipal election commissions TOTAL CROATS BOSNIAKS SERBS OTHER ,76% ,92% ,52% 10 2,00%

Women and governance in Eastern Europe and CIS The Law that regulates, protects and promotes gender equality and guarantees equal opportunities for all male and female citizens, in both the public and the private social sphere..... (article 1.) Full gender equality is guaranteed in all social spheres, particularly in education, economy, employment and work, social and health care, sport, culture, public life and media, regardless of a person’s marital and family status. (article 2.)

Current state of gender equality in Bosnia and Herzegovina

Women and governance in eastern Europe and CIS Parallel indicators – Current state of gender equality in the Serbian legislative and executive power Common parliamentary practice shows that the participation of women in the political and social life is still insufficient despite the higher percentage of women than men in the total population. The structure of the preceding Serbian Assembly included 51 or 20,4 % of female delegates Women presided over only five of 30 boards - finance, health and family, interethnic relations, culture and informing and gender equality, while Nataša Mićić was the only female parliamentary president in 18 years since the multi-party system has existed in Serbia. The situation in the Serbian Government is the same – four out of 23 ministers are women, which makes their representation amount to 15 percent.

Women and governance in eastern Europe and CIS The election race for the Assembly of Serbia included women In the parliamentary elections held on May 11, 22 political parties, coalitions and citizen groups offered female candidates for the future delegates, thus fulfilling a legal obligation of including in their lists the minimum of 30% of candidates of the under-represented sex, There are men on the election lists. Almost all participants observed in their lists the exact quota of women required by law, while some coalitions exceeded the legally determined quota by 1%. Statistic figures show progress in this area, for example in the first parliament summoned after October 5 there were 27 women which is slightly over 10 %, while the parliament assembled after the 2003 elections included 30 or 12% of women.

Mechanisms for the monitoring and supervision of the implementation of the Law in BiH

Women and governance in Eastern Europe and CIS The analysis and relations on the local level Coordination with cantonal, entity (Federation) and state institutions

Women and governance in Eastern Europe and CIS Criminal offences – The Gender Equality Law of BiH Violence on the basis of sex: any act of inflicting physical, mental, sexual or economic damage or pain, including the threatening with such acts, which seriously impair the ability of a person to exercise his/her rights and freedoms in line with gender equality principles in both the public and private sphere, including the trafficking in human beings for the purpose of compulsory labor as well as the limitation or arbitrary deprivation of freedom. (Article 4. b)

Women and governance in Eastern Europe and CIS Harassment: every situation including unwanted conduct related to a person’s sex undertaken with the goal of damaging the person’s dignity or creating a frightening, hostile, humiliating, threatening or similar situation;

Women and governance in eastern Europe and CIS Criminal offences Sexual harassment : every conduct which through words, acts or psychological treatment of sexually explicit nature aims at (or results in) damaging a person’s dignity or creating a frightening, hostile, humiliating, threatening or similar situation, motivated by a person’s sex or different sexual orientation which the damaged person experiences as unwanted physical, verbal, psychological or other treatment.

Women and governance in Eastern Europe and CIS Affirmative/special temporary measures With the accepting and signing of the Beijing Declaration along with the Action Platform and the UN Convention on the elimination of all forms of discrimination against women, Bosnia and Herzegovina committed itself to taking affirmative and special action with the goal of removing the observed instances of gender inequality in certain areas of social life With regard to that, the Gender Equality Law of BIH permits the introduction of affirmative/special measures with the purpose of promoting gender equity and equality and eliminating the existing inequality (Subsection 5. Article 3.) Examples of affirmative/special temporary measures Regulation of Article of the Election Law of Bosnia and Herzegovina (INTRODUCING THE QUOTA FOR UNDER-REPRESENTED SEX ON THE CANDIDATE LISTS).

Women and governance in Eastern Europe and CIS To what extent ? 1.State bodies and local governance bodies, political parties and other non-profit organizations ensure and promote equal representation of sexes in the governing and decision-making processes? 2.Have the sets of measures aimed at improving equal representation of sexes in the governing bodies on all levels been passed and, if yes, to what extent. 3.Does and, if yes, to what extent, the percentage of participation of men and women in the governing bodies on all levels, including the judiciary, legislative and executive power, reflect equal representation of sexes.

Women and governance in Eastern Europe and CIS According to European standards, an organ ensures equal representation of sexes if it includes at least 40% of members of the same sex.

Women and governance in Eastern Europe and CIS All statistic data and information collected, registered and processed by the state organs, public services and institutions on all levels, state and private enterprises, and other subjects must be gender- disaggregated. ( Article 18.)

Women and governance in Eastern Europe and CIS In accordance with that obligation, the Statistic Agency of the Federation BIH has announced the gender-disaggregated data concerning the number of registered voters and the voters who cast their vote issued by the Central Election Commission (Elections held in 2006). These data show that among the registered voters for the 2006 elections there were 50,3% women and 49,7% men. Out of the total number of actual voters, 48,9% were female and 51,1% male.

Women and governance in Eastern Europe and CIS Monitoring and supervision of the implementation of the Law The Ministry of Human Rights and Refugees of Bosnia and Herzegovina; The Agency for Gender Equality of Bosnia and Herzegovina; The Gender Center of the Federation of Bosnia and Herzegovina; The Gender center of the Government of the Republic of Srpska.

Women and governance in Eastern Europe and CIS Article 21. Adopting the program of measures aimed at ensuring gender equality in all areas and on all levels of governance; Passing new legislation or introducing amendments to the existing legislation with the purpose of harmonizing them with the regulations of the new Law Ensuring legal, civil and penal protection in all cases of violation of the Law’s regulations; Organizing the collecting of gender-disaggregated data in all economic subjects, private and state enterprises, state and private organizations and institutions as well as the access to such information.

Women and governance in Eastern Europe and CIS Monitoring and supervising the implementation of the Gender Equality Law of BiH In 2006, The Council of Ministers of BiH passed the Gender Action Plan which lists the obligations of governing organs and non-governmental sector in 15 areas of social life concerning the integration of gender equality and equity principles in the governmental and other policies.

Women and governance in Eastern Europe and CIS Penal law Taking legal action and agreeing on measures concerning criminal offence embedded in this Law is URGENT and has a high priority in the work of authorized organs Violence, harassment and sexual harassment - imprisonment for the period ranging from 6 months to 5 years. In case of criminal offences referred to in Article 28. of the Law – penalty ranging from to BAM.

Women and governance in Eastern Europe and CIS Data have been collected from the Cantonal Prosecutor’s Office of the Zenica-Doboj Canton, the Zenica Cantonal Court, the municipal courts from Zenica-Doboj Canton and all cantonal organs and organizations of the Zenica – Doboj Canton The evidence of the Cantonal Prosecutor’s Office of the Zenica- Doboj canton Number of victims: According to reported offences, there were 98 victims including: 4 victims are parents, 70 victims are female spouses and 24 victims are children. The total number of male victims amounts to 15 (of which 12 children), and that of female victims to 83 (of which 12 children). 83 of 85 reported perpetrators were male and 2 were female. Number of reports: 81 criminal offences altogether has been reported. Indictments: 31 persons were indicted Cases in progress: Criminal investigations for five persons are in progress, and the main hearing for 20 persons. e) Legally valid verdicts: 11 persons altogether have been sentenced: 1 person to imprisonment, 1 person was fined, 6 persons were sentenced to probation, while the court declared mental incompetence in two cases, and for one person indictment was repealed. The stated data refer to the regulation in Article 222. of the Penal Law of FBIH, and since the Gender Equality Law of BIH was passed by the Parliament of BiH, the Prosecutor’s Office of BIH is authorized for its implementation.

Women and governance in Eastern Europe and CIS According to the evidence of the Cantonal Court in Zenica: I-2 cases for the criminal offence of attempted rape from Article 203 Subsection 5. of the PLFBIH – two cases, legally valid verdicts were passed ; II-1 case for the criminal offence from Article 207 Subsection 2 of PL FBIH- sexual intercourse with a child, legally valid verdict was passed; III- Invalid verdict was passed in a single case for the criminal offence from Article 224. Subsection 2. in relation to Subsection 1 PL FBIH – underage sexual intercourse – a daughter; IV- one case in progress for the criminal offence from Article 207. Subsection 4. on sexual intercourse with a child (daughter) in a situation related to the criminal offence of incest from Article 213. Subsection 3. PL FBIH; In all abovementioned cases damaged persons were female.

Women and governance in Eastern Europe and CIS The evidence of the Kakanj Municipal Court Three criminal proceedings were started for the criminal offence of family violence from Article 222. PL FBIH as follows: Prostitution 1, procedure completed, a convicting verdict pronounced; Instigation to prostitution 1 the trial is in the phase of fixing the date of the main hearing; Sexual intercourse with a child, the trial in the phase of fixing the date of the main hearing; Family violence 3, of which 2 completed with a convicting verdict and 1 trial in the phase of fixing the date of the main hearing. From Article 222. Subsection 2. PLFBIH -1 case completed; From Article 222. Subsection 4. PLFBIH -1 case completed; From Article 222. Subsection 4.PLFBIH - 1 case completed.

Žene i vlast u Istočnoj Europi i CIS The evidence of the Zenica-Doboj canton: Governmental expert bodies The Office of the President of the Zenica-Doboj Canton The assembly expert bodies The Ministries of judiciary and public administration The Ministries of veterans’ issues The Agencies for privatization of the Zenica-Doboj Canton and the Business centers Services for joint activities Cantonal directorates for inspection affairs Cantonal directorates for commodity reserves i There were no reported cases of discrimination in accordance with the Gender Equality Law of BIH, with the remark that other organs and organizations of Zenica-Doboj canton failed to submit the required data.

Women and governance in Eastern Europe and CIS The evidence of the Ministry of education, science, culture and sport of the Zenica-Doboj canton Reports by the Prosecutor’s Office of BIH and the Ministry of the Interior of the Zenica-Doboj canton: one case of reported sexual harassment of a female pupil in the Zenica Gymnasium. The trial was stopped due to insufficient evidence. Disciplinary measures introduced by the Ministry. Sexual harassment of a female pupil by the librarian of the Primary school „Kovači“ in Zavidovići, trial in progress; Attempted sexual harassment in the Primary school „Perin Han“ in Zenica by a pupil from the higher grade, trial in progress. (Information collected and processed by the Ministry of justice and administration of Zenica-Doboj canton

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