Using the Universal Periodic Review to reaffirm the inalienable rights contained in the Universal Declaration of Human Rights

On 10th December we celebrated the International Human Rights Day, and we marked the 75th anniversary of the Universal Declaration of Human Rights.

On this day in 1948, the United Nations General Assembly adopted the Universal Declaration of Human Rights. It was the first global recognition that every single human being, wherever he / she lives, has inalienable civil, cultural, economic, political, and social rights.  In the seventy-five years since this landmark commitment, international treaties and mechanisms as well as national laws and institutions have been put in place to protect human rights, including in Bosnia and Herzegovina.  

Yesterday, in Geneva, the United Nations High Commissioner for Human Rights hosted a high-level event, co-hosted by the Government of Switzerland, where Member States and other actors presented pledges and a vision to further the enjoyment of human rights globally. The High Commissioner for Human Rights has urged Member States to rekindle the spirit of the Declaration so that its promise of freedom, equality, and justice for all can be a reality.

The compelling call of the High Commissioner for Human Rights is vital given the unprecedented combination of crises raging in all regions of the world. Human rights violations and the erosion of human rights are common to all these crises; and many are a direct consequence of authorities having failed to respect, disregarded, or violated human rights.

The world is facing the highest number of conflicts since World War II - on every continent, in every region - with vertiginous losses of human lives, as well as economic and social shockwaves. The perils of the climate emergency has been starkly visible this year with record-high temperatures, devastating draughts and untamable forest fires. Disinformation and hate speech have reached epidemic proportions. Racism and discrimination are on the rise. Worldwide, one in three women have been subjected to either physical or sexual violence, In Bosnia and Herzegovina, one in two women have suffered some form of gender-based violence.

The values of the Universal Declaration of Human Rights and subsequent human rights instruments are the fundamental, common values of humanity. In these times of crises that divide people along many lines, it is essential to reaffirm the universality of human rights enshrined in the Declaration and at its heart – the recognition that every person has inherent dignity.

In January 2024, Bosnia and Herzegovina will undergo its 4th Universal Periodic Review (UPR) of its human rights situation before the United Nations Human Rights Council, an inter-governmental body that periodically meets in Geneva. The UPR was designed with a view to improving human rights everywhere in the world. This process involves a report by the Government of Bosnia and Herzegovina, coordinated and prepared by the Ministry for Human Rights and Refugees, as well as reports by the Human Rights Ombudsman institution, civil society organizations and United Nations Agencies, Funds and Programmes. A key principle of the UPR is that it must be participatory and inclusive.

The UPR is an opportunity for a frank assessment of the human rights situation in the country, of progress achieved and outstanding challenges. It is also an opportunity for dialogue, among all levels of authorities, within institutions, between authorities, institutions and civil society actors, among civil society actors. It is fundamentally an opportunity for governments to reaffirm their obligations under international human rights law and their commitments to promote and protect the human rights of everyone within their jurisdiction.  

As a result of its 3rd review, in 2019, Bosnia and Herzegovina received 207 recommendations from other Member States and accepted 204. The majority of these recommendations remain unimplemented or only partially implemented. Most of these recommendations are pertinent to the priorities for Bosnia and Herzegovina’s accession to the European Union, notably with regard to the consolidation of the rule of law, dealing with the past, addressing discrimination on all grounds, protecting civic space. They are about putting the people of Bosnia and Herzegovina, and their dignity, first. It will be critical for the Government of Bosnia and Herzegovina at all levels to intensity efforts to implement the past UPR recommendations. Of note, these largely echo recommendations by the United Nations human rights treaty bodies addressed to Bosnia and Herzegovina over several years and related to the State’s commitment as a party to the United Nations Human Rights Treaties and their optional protocols. 

In 2023, we observed serious setbacks regarding human rights, notably regarding the rights to freedoms of expression, association and peaceful assembly, particularly in Republika Srpska, with the adoption of legislation recriminalizing defamation and of draft legislation threatening civil society organizations conducting critical work for the benefit of society. There were also stigmatization of journalists and civil society actors, as well as attacks on human rights defenders with impunity. While the Federation of Bosnia and Herzegovina adopted a law on civilian victims of war that has been welcomed by many civil society actors, including survivors associations, the reluctance of political leaders to constructively deal with the past persists. Divisions are exploited, narratives increasingly diverge, and progress is hampered in many areas.  Revisionism around the 1992-1995 conflict persists, as does the glorification of war criminals convicted by international tribunals. A glaring example is the denial of atrocity crimes, particularly the Srebrenica genocide. Such narratives undermine peace and prevent Bosnia and Herzegovina from moving forward.

Switzerland is at the forefront of building bridges within institutions such as the United Nations, including the Human Rights Council. We firmly believe that ensuring human rights is a prerequisite for long-term social and economic development, peace and security, and we call on all our local partners to take a clear stand in favor of the promotion and protection of human rights in Bosnia and Herzegovina.