Ibrović requests the FBiH Parliament to consider a declaration calling on the National Assembly of Republika Srpska (NSRS) not to criminalize defamation

(Patria) - Amir Ibrović, a DF deputy in the House of Representatives of the FBiH Parliament, has submitted an initiative to supplement the agenda of the regular session of the House of Representatives of the FBiH Parliament. 

The agenda supplement would consider a declaration opposing the criminalization of verbal offenses.

"Considering that Article II 3 of the Constitution of Bosnia and Herzegovina stipulates that all persons within the territory of Bosnia and Herzegovina shall enjoy human rights and fundamental freedoms, including the right to liberty and security of person, the right to private and family life, home and correspondence, the right to freedom of thought, conscience and religion, and the right to freedom of expression;

Emphasizing that Article II 4 of the Constitution of Bosnia and Herzegovina guarantees all persons the enjoyment of the rights and freedoms set forth in this Article or in the international agreements listed in Annex to the Constitution of Bosnia and Herzegovina, and that all persons in Bosnia and Herzegovina shall be free from discrimination on any ground, such as sex, race, color, language, religion, political or other opinion, national or social origin, association with a minority, property, birth or other status;

Pointing out that Article II 6 of the Constitution of Bosnia and Herzegovina stipulates that Bosnia and Herzegovina, and all courts, agencies, governmental bodies, and instruments operated by or within the entities, shall apply and abide by the human rights and fundamental freedoms provided for in Article II of the Constitution of Bosnia and Herzegovina;

Recalling that Article 10 of the European Convention on Human Rights stipulates that everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This Article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises.", the explanation states.

The declaration calls on the Government of RS to withdraw the controversial law from the procedure.

"The National Assembly of Republika Srpska is called upon to direct its future legislative activities towards a legal system of harmonized norms and a legal framework in the area of criminal liability aligned with the European legal acquis, and to continue to improve the implementation and achievement of European implementation standards in order to achieve the standards of the most developed EU member states in the application of criminal and civil legislation," part of the declaration reads.

In addition, the federal deputies would call on the NSRS to direct its legislative activities towards a legal system of harmonized norms and a legal framework in the area of criminal liability in BiH.

As stated, the adoption of the Declaration is motivated solely by the protection of the human rights and freedoms of all citizens of BiH, the prevention of discrimination, and the right to freedom of expression.