The UN Committee on the Elimination of Discrimination against Women (CEDAW Committee) has delivered its first decision against Bosnia and Herzegovina’s (BiH) treatment of survivors of conflict-related sexual violence. This is in response to an individual complaint submitted to the CEDAW Committee, alleging that the state breached its obligations under the Convention on the Elimination of Discrimination against Women (CEDAW). The CEDAW Committee, which oversees implementation of CEDAW, urged BiH to rectify the situation by ensuring survivors have immediate support.
THE CASE THAT TRIGGERED IT ALL
The complaint was made by S.H., a Bosnian national of Croat ethnicity, who argued that survivors of sexual violence in armed conflict have been failed by the state on multiple occasions. S.H. had been living with her husband in Prijedor—a village in BiH that had, since 1994, been occupied by Bosnian Serb forces. She stated that in 1995, during the height of conflict in the former Yugoslavia, she had been burgled by four armed men whilst home alone, and that one of them had raped her. Although the incident was reported to the police, S.H. was unable to obtain a police report and the case was not followed by any further investigation. In fact, when S.H. had inquired some years later as to her case’s progress, she was told that the case files had been destroyed.
The attack had caused physical and psychological harm to S.H., including thyroid gland issues and “major genital infection,” for which S.H. has been unable to afford appropriate medical treatment due to financial constraints. The infection developed into a cervical disease and later into cervical cancer. Psychological harm sustained due to the traumatic incident led to S.H. being diagnosed with a depressive disorder.
S.H. sought legal advice from various NGOs between 2009-2017 and repeatedly brought her grievances to domestic organisations. However the majority of these appeals went unanswered. In 2017, S.H. brought her complaint to the CEDAW Committee, alleging that BiH had failed her and other survivors of wartime sexual violence. Such failures included inadequate investigation of her rape complaint, which has allowed her perpetrators to enjoy impunity; lack of access to information pertaining to ongoing investigation into her case; and failure to provide adequate redress or compensation for harms sustained.
In 2019, S.H. was eventually recognised by the BiH authorities as a victim of conflict-related sexual violence and was awarded a monthly disability pension of 130 marka (£60.00).
THE UN CEDAW COMMITTEE’S DECISION
The CEDAW Committee acknowledged the steps BiH has taken in providing protection to victims of gender-based violence in conflict through its recent legislation on Protection of Victims of Torture in the Republika Srpska and other national measures. However, the Committee highlighted that the importance of “the political will that is expressed in [legislation] must be supported by all State agents” in order for S.H. and other survivors of wartime sexual violence to enjoy and experience their human rights.
The CEDAW Committee went on to comment that gender-based violence against women prevents women’s enjoyment of their human rights and constitutes discrimination according to article 1 of CEDAW. They went on to say that it is imperative that states parties such as BiH adopt legislation that aims to tackle gender-based violence against women. The failure of BiH to take all appropriate measures to do so signals the state’s complicity in acts of gender-based violence against women. This is particularly apparent in instances where authorities have been made aware of ongoing violence, but have failed to conduct an adequate investigation of such incidents. With regard to the state’s failure to provide access to information concerning investigations, the Committee opined that general information could have been provided to S.H., and that the failure to do so amounted to a violation of CEDAW. The CEDAW Committee also addressed lack of compensation and concluded that BiH had erred in its obligation to remedy S.H. and others that have been victims of similar offences.
The Committee issued recommendations, urging the BiH government to ensure that S.H.’s case is given proper attention and undergoes prompt investigation. It also urged the government to ensure that other survivors of wartime sexual violence receive access to full remedies, adequate compensation (without subjection to statute of limitations), and equality before the law.
REACTIONS TO THE DECISION
A member of the CEDAW Committee, Nahla Haidar, commented on the outcome of the individual complaint, stating, “S.H.’s pension is not commensurate with what she suffered. This included severe physical harm impacting her sexual and reproductive health and rights, as well as the psychological harm and material damages she endured for more than 25 years after the incident.”Though it was only an individual complaint, Haidar highlighted the gravity of the outcome noting that, “the case reflects the situation of many victims of conflict-related sexual violence whose cases are not investigated in a timely and effective manner, and who do not receive any compensation.”
S.H.’s legal team have welcomed the CEDAW Committee’s decision, stating that it allows for survivors of sexual violence during conflict to be “empowered and willing to seek justice at the international level after exhausting all domestic legal remedies”. Philip Grant, counsel for S.H. tweeted about the outcome, calling it a “very important decision” from the UN Committee that ought to compel Bosnian authorities to adhere to their international obligations and to actively listen to the plight of survivors of wartime sexual violence.
DÉJÀ VU FOR BiH?
This is not the first time a UN Committee has condemned BiH, with the Committee against Torture (CAT Committee) delivering a decision based on similar circumstances in 2019. In the sixth periodic report on BiH, the CEDAW Committee also raised concerns over “insufficient access to free legal aid for women” who bring claims of gender-based violence and discriminatory practices in the region.
According to UN research conducted in 2017, 62% of survivors of conflict-related sexual violence in BiH were unemployed, 64% did not receive social support, and over half of survivors live below the poverty line. Pramila Patten, the current Special Representative of the Secretary-General on Sexual Violence in Conflict has encouraged states such as BiH to take a victim or survivor-focused approach with “tailored solutions that build resilience, restore voice and choice to survivors and address the diverse experiences of all affected individuals,” in an effort to adequately address conflict-related sexual violence.
The BiH government, which is presently implementing a post-conflict transitional justice process, seems optimistic, having ratified the Council of Europe Convention on preventing and combating violence against women and domestic violence. The government has acknowledged that violence against women is a form of gender-based violence, and that it is “the obligation of [BiH] to fully address it in all forms and to take measures to prevent violence against women”.
Michaela is a LLM Public International Law and Human Rights graduate from Utrecht University in The Netherlands. She has previously worked as a paralegal at various Criminal Defence and Human Rights law firms in the UK and is an aspiring barrister.