1 The Gender Equality Law of Bosnia and Herzegovina Ana Vuković, director of the Gender Center of the Federation BiH

2 Gender Equality Law of BIH Regulates, protects and promotes gender equality and guarantees equal opportunities for all male and female citizens, in both the public and private spheres, and prevents their direct or indirect discrimination on the basis of sex. (article 1.) Full gender equality is guaranteed in all social spheres, and particularly in the areas of education, economy, employment and work, social and health care, sport, culture, public life and media, regardless of their marital and family status. (article 2.)

3 International documents The Convention on the elimination of all forms of discrimination against women (CEDAW) The International agreement on the political and civil rights Recommendation Rec (2003)3 of the Council of Ministers’ Board of the European Council

4 Gender Equality Law in BiH - Discrimination - Discrimination on the basis of sex and sexual orientation is prohibited. Discrimination on the basis of sex with respect to this law represents every legal or factual, direct or indirect, discriminating, privileging, excluding or limiting of a person on the basis of the person’s sex, which impairs or denies the individuals the acknowledgement, or the exercising and enjoying of their human rights and freedoms in the political, educational, social, cultural, sport, civil and any other area of public life. Discrimination can be direct or indirect.

5 Examples of direct and indirect discrimination Example 1. – Direct discrimination - Unequal treatment of men and women in the creation of candidate lists for the most responsible executive functions (e.g. if the statute of a political party includes a stipulation such as : the party will not offer female candidates for the most responsible executive functions). Example 2. Referring to men and women in a belittling, insulting and humiliating manner on the basis of sex while they are exercising a particular function (e.g. the press statement by a female delegate about her younger male colleague: „He is playing smart Alec all the time, coming up with various suggestions where you can see it in his face that he has no idea what he is talking about“). Example 1. – Indirect discrimination - Unequal treatment of male and female candidates during the presentation of the party program in the pre-election period (e.g. although it is stated in the party documents that the party programs will be presented by all candidates, in the practice male candidates frequently present their programs in the prime time and in the main venues, while female candidates for the most part have to put up with less attractive or popular dates and venues.

6 Examples of affirmative/special temporary measures Norms, criteria and practices that can be objectively justified by referring to the necessity of attaining lawful goals proportionate to the undertaken necessary or justified measures will not be considered as discrimination. The Law allows for the introduction of special/affirmative measures with the goal of promoting gender equality and equity, eliminating the existing inequality and ensuring protection of sexes on the basis of their biological determination. Example 1. Regulation embedded in Article of the BIH Election Law. Example 2. Passing normative acts which determine that women on maternity leave are not liable to paying off credit instalments.

7 Gender Equality Law of BiH – Public life State bodies and local governance bodies, managerial bodies of corporate companies, political parties and other non-profit organizations will commit themselves to ensuring and promoting equal representation of sexes in the governing and decision-making processes. Adopting programs of measures designed to improve representation of sexes in the governing organs on all levels. Ratio of men and women in the governing bodies on all levels, including the judiciary, legislative and executive power, will be based on the principle of equal representation of sexes. (Article 15.)

8 Gender Equality Law of BiH - Obligations of authorities - Adopting programs of measures directed toward achieving gender equality in all areas and on all governance levels; Passing new laws or the amendments to the existing laws so as to harmonize them with the regulations of this Law; Ensuring judiciary, civil and penal protection in all cases related to the violation of the Law; Ensuring the keeping of gender-disaggregated data in all economic subjects, private and state-owned enterprises, state and public organizations and institutions, as well as ensuring the access to such information.

9 Current state of gender equality in BiH

10 Current state of gender equality in BiH

11 Current state of gender equality in BiH

12 Current state of gender equality in BiH

13 Current state of gender equality in BiH

14 Current state of gender equality in BiH

15 Current state of gender equality in BiH

16 Local elections 2008

17 Local elections 2008

18 Local elections 2008

19 Local elections 2008

20 Local elections 2008 – Elected municipal majors

21 Integrating international standards concerning equal representation of women and men in the decision-making process.

22 The situation following the full implementation of the Gender Equality Law of BIH

23 THANK YOU FOR YOUR PATIENCE GENDER CENTER OF THE FEDERATION OF BOSNIA AND HERZEGOVINA Hakije Kulenovića Sarajevo Tel. 033/ Fax. 033/