Bosnia and Herzegovina: Bill on registering NGOs will increase government control over civil society operations, say UN experts

“If adopted in its current form, the draft bill titled ‘Republika Srpska Law on the Special Registry and Publicity of the Work on non-profit organizations’ will deeply affect freedom of association in the country,” the experts said. 

“This legislation appears to be aimed at intimidating NGOs and silencing critics,” they warned.

The draft legislation that may be considered in the coming months by the Republika Srpska legislative body aims to regulate associations, foundations and foreign and international NGOs receiving any form of foreign funding or other assistance of foreign origin and designate them as “non-profit organisations” (NPOs).

The experts already expressed serious concerns about the draft law in 2023, and are concerned at the reintroduction of the bill, after it was withdrawn in May 2024.

“We urge the Republika Srpska entity authorities to take into account concerns of all sectors of civil society and refrain from approving this draft legislation,” the experts said. “The legislation would place on civil society organizations restrictions that are inconsistent with Bosnia and Herzegovina’s international human rights obligations and will likely lead to unnecessary impingements on civil society and on the work of human rights defenders.”

According to the experts, the law would limit the independence and autonomy of civil society organizations in Bosnia and Herzegovina, contrary to the right of associations to organize their activities and formulate their programmes without undue government interference as protected by Article 22 of the International Covenant on Civil and Political Rights.

The experts also noted a lack of genuine consultation with NGOs in drafting the provisions of the Bill. “We call for urgent and definitive withdrawal of the draft Republika Srpska Law on the Special Registry and Publicity of the Work on Non-Profit Organisations,” the experts said. “We also urge political leaders to refrain from stigmatising NGOs by calling them pejorative names and designating them as ‘foreign agents.’”

*The experts: Ms. Gina Romero, Special Rapporteur on the rights to freedom of peaceful assembly and of association; Ms. Mary Lawlor, Special Rapporteur on the situation of human rights defenders; Mr. Ben Saul, Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism.

Special Rapporteurs/Independent Experts/Working Groups are independent human rights experts appointed by the United Nations Human Rights Council. Together, these experts are referred to as the Special Procedures of the Human Rights Council. Special Procedures experts work on a voluntary basis; they are not UN staff and do not receive a salary for their work. While the UN Human Rights office acts as the secretariat for Special Procedures, the experts serve in their individual capacity and are independent from any government or organization, including OHCHR and the UN. Any views or opinions presented are solely those of the author and do not necessarily represent those of the UN or OHCHR.

Country-specific observations and recommendations by the UN human rights mechanisms, including the special procedures, the treaty bodies and the Universal Periodic Review, can be found on the Universal Human Rights Index https://uhri.ohchr.org/en/

For more information and media requests; Vanessa Asensio (vanessa.asensioperez@un.org).

For media enquiries regarding other UN independent experts, please contact Dharisha Indraguptha (dharisha.indraguptha@un.org) and Maya Derouaz (maya.derouaz@un.org)