Abstract
In 1995, the Dayton Peace Accords (DPA) brought an end to the entrenched three-year war in Bosnia-Herzegovina (hereafter ‘Bosnia’ or ‘BiH’) and set the stage for the construction of a new state that was to be based on the rule of law, democracy, and human rights. As the narrative is now familiar, while the DPA supported and created relative peace and better human rights protections, it has not been able to create a civic identity, a well-functioning state or democracy, or the strong implementation of human rights. The Dayton constitution has (along with informal state and societal practices) institutionalized ethno-national identities and representation in a way that is keenly felt today in almost all areas of Bosnian political life (Mujkić 2008). During the late 1990s and early 2000s, Bosnian political elites and the international community were focused not on minority rights, but instead on immediate security concerns, rebuilding the economy and country, creating a functioning state, and capturing and prosecuting war criminals. Especially since 2006, elites have been unable and/or unwilling to compromise and reform the political and electoral system in line with European Union (EU) expectations and requirements. However, the recent coming into force of the Stabilization and Association Agreement (SAA) with the EU may signal a change.
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Notes
- 1.
Given the widespread use of the LGBT acronym globally and within Bosnia, it will be used here, even though transgender issues will not be discussed due to space and focus. Also, according to the Sarajevo Open Center, ‘Trans* people are completely marginalized within the BiH society, which is also reflected by the institutional policies. There are no established medical support and procedures for the gender reassignment process in BiH. The official social security system does not cover any costs related to gender reassignment surgeries that are taking place abroad’ (Vasić et al. 2014). The anti-discrimination and hate crimes laws do include ‘gender identity’ as a protected category, but visibility and awareness of trans citizens remains limited.
- 2.
According to Checkel (1999), norm empowerment occurs when ‘the prescriptions embodied in a norm become, through changes in discourse or behavior, a focus of political attention or debate’. LGBT rights norms here means basic equality and individual rights applied to LGBT individuals (such as protection from discrimination and violence). But it also includes general awareness and visibility of LGBT people and any issues related to this community. This idea is also called the ‘domestic salience’ of norms. Greater norm empowerment is not necessarily the same as progress on LGBT rights, but empowerment should be seen as one advancement in this area. See also the work of Cortell and Davis (1996, 2000).
- 3.
For example, Italy and Poland, according to ILGA-Europe, are ranked at the same level as Bosnia, while the UK and Belgium are at the highest levels in the region. See ILGA-Europe (2015).
- 4.
The inclusion of the language of sexual orientation in the 2003 Gender Equality Law discussed below is one exception.
- 5.
The main statement on discrimination does not use the term ‘gender’, even though the term is used throughout the law. The law focuses on gender discrimination and does not use the terms ‘gender identity’ or ‘gender expression’. While ‘sexual orientation’ appears at the beginning of the law, the subsequent articles refer only to sex or gender, creating some confusion as to how this law would best apply to LGBT citizens (See the law at: http://www.ilo.org/dyn/natlex/docs/SERIAL/64146/69205/F195754431/BIH64146.pdf.) The comprehensive anti-discrimination law of 2009 has more potential for protecting LGBT citizens.
- 6.
Moreover, the Gender Equality Law has been criticized for its lack of a definition of sexual orientation (and the lack of explicit reference to it after Article 2), for not including ‘gender identity’ specifically, and for its general vagueness that makes it difficult for prosecutors and judges to interpret (Đurković 2008).
- 7.
The Social Democrats brought up the legislation in 2014, but it did not pass, and now this task has moved to the Ministry of Justice, with observers reporting that it is still under review, but has not been passed yet (Author interview with Vladana Vasić, 5 June 2015, SOC, Sarajevo). One should note the structural complexities of the Federation compared to RS and how it often takes longer for laws to be adopted.
- 8.
Author interview with Vladana Vasić, Sarajevo Open Center, Sarajevo, 29 October 2014.
- 9.
Text of the law at: http://arsbih.gov.ba/wp-content/uploads/2014/02/002-Anti-Discrimination-Law-.pdf.
- 10.
Author interview with Svetlana Đurković, Sarajevo, 25 January 2015.
- 11.
Sarajevo was covered with posters and leaflets promoting ‘fascist, racist and xenophobic ideology directed against homosexuals’ and media coverage that could be considered hate speech (Helsinki Committee 2008, p. 7).
- 12.
Kajinic explained how both the liberal and conservative media ‘explicitly link[ed] the discourse of human rights and “queerness” to “Europeanness” and modernity, but with very different results’ (Kajinic 2008, p. 66).
- 13.
Another important topic of the media debate that illustrates the identity conflicts was the timing of the festival. Islamic conservatives and even some political elites claimed that the organizers were intentionally provoking them (and Bosnian society more generally) by holding the festival during Ramadan (the Islamic holy month). In fact, this was not intentional, but an oversight (Author interview with Svetlana Đurković, Sarajevo, 25 January 2015).
- 14.
This semantic ethnic cleansing has been common, where people with Croat or Serb names who are Bosnian are often told to leave the country even though they are not from Croatia or Serbia.
- 15.
‘Chetnik’ is the derogatory term used for nationalist Serbs during the Balkan wars.
- 16.
Author interview with Svetlana Đurković, Sarajevo, 25 January 2015.
- 17.
Author interview with US Embassy, Sarajevo, 28 October 2014.
- 18.
Authors interview with Dutch Embassy, Sarajevo, 27 October 2014.
- 19.
Author interview with Vladana Vasić, Sarajevo Open Center, Sarajevo, 29 October 2014.
- 20.
Author interview with Vladana Vasić, Sarajevo Open Center, Sarajevo, 29 October 2014.
- 21.
Author interview with Vladana Vasić, Sarajevo Open Center, Sarajevo, 29 October 2014
- 22.
Author interview with Azra Causević, Okvir, Sarajevo, 29 October 2014.
- 23.
According to ILGA’s index, the main improvements from 2014 to 2015 relate to progress on transgender rights (e.g. legal gender recognition, name change allowed, and identity noted on official documents) in addition to having an ‘equality body mandate’.
- 24.
Author interview with Emina Bošnjak, Sarajevo Open Center, Sarajevo, 3 June 2015
- 25.
Author interview with US Embassy, Sarajevo, 28 October 2014
- 26.
Author interview with Emina Bošnjak, Sarajevo Open Center, Sarajevo, 3 June 2015.
- 27.
Author interview with Vladana Vasić, Sarajevo Open Center, Sarajevo, 29 October 2014
- 28.
Author interview with Emina Bošnjak, Sarajevo Open Center, Sarajevo, 3 June 2015
- 29.
Progress should not overshadow the fact that among many political elites, there is still resistance to change. Thus, observers are likely skeptical that political elites, even those within human rights institutions, will follow through on their policy commitments. See ILGA-Europe (2013).
- 30.
Note that this claim does not mean that the state is not repressing LGBT individuals, since the police and state agents are clearly still violating LGBT rights. It only means that at the institutional and legal levels and also at the level of discourse, we do not see direct and systematic repression relative to previous years. We do see some cases of assault and violence being investigated and perpetrators being convicted (while other cases are languishing). Thus, progress can coexist with continued discrimination and violence.
- 31.
Author interview with Vladana Vasić, Sarajevo Open Center, Sarajevo, 29 October 2014; Author interview with Emina Bošnjak, Sarajevo Open Center, Sarajevo, 3 June 2015.
- 32.
Author interviews with numerous LGBT activists and University of Sarajevo political scientist, October 2014.
- 33.
Author interview with Asim Mujkić, Sarajevo, 28 October 2014.
- 34.
Risse et al. (1999, p. 24, emphasis added) hypothesize that a ‘transition to the third phase of “tactical concessions” primarily depends on the strength and mobilization of the transnational network in conjunction with the vulnerability of the norm-violating government to international pressures’. While Bosnia is somewhat vulnerable and needing to convince EU actors of its commitments, it is not in the same position as neighboring Serbia, which is aiming to construct a new identity and be welcomed into Europe after its behavior during the Balkan wars.
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Swimelar, S. (2016). The Struggle for Visibility and Equality: Bosnian LGBT Rights. In: Slootmaeckers, K., Touquet, H., Vermeersch, P. (eds) The EU Enlargement and Gay Politics. Gender and Politics. Palgrave Macmillan, London. https://doi.org/10.1057/978-1-137-48093-4_8
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