Head of OSCE Mission in BiH Sends Letter to MPs of the National Assembly of Republika Srpska Regarding the Law on Non-Profit Organizations

(Patria) - The Head of the OSCE Mission in Bosnia and Herzegovina, Brian Aggeler, sent an open letter to the deputies of the National Assembly of Republika Srpska (NSRS) expressing deep concern regarding the law currently in parliamentary procedure, which could have a serious and negative impact on everyone living in RS.

- As you are surely aware, the authorities of RS have unfortunately decided to proceed with the adoption of the law on a special register and publicizing the work of non-profit organizations. If adopted, this law would have very significant and negative consequences on the realization of fundamental human rights of citizens in RS, as well as on the international and domestic obligations of Bosnia and Herzegovina, including the rights contained in the Constitution of BiH and the Constitution of RS - states Aggeler.

Commonly, though incorrectly, referred to as the "Foreign Agents Law," this law, as Aggeler added, would seriously undermine the right to freedom of association by significantly reducing the already insufficient and shrinking space for the functioning of civil society organizations, independent media, and human rights defenders in RS. Furthermore, this law would prevent cooperation with international partners and organizations, including those of which BiH itself is a member.

- Although the RS authorities have attempted to present this law as one that promotes transparency, it could easily be used as a tool for stigmatization and restriction of the aforementioned domestic actors, all of whom already operate under difficult and restrictive conditions in RS - added Aggeler.

In the letter, he noted, among other things, that government bodies in democratic societies must respect the peaceful expression of differing opinions and, consequently, must publicly recognize – through actions, laws, and policies – the important and legitimate role of civil society organizations, independent media, and human rights defenders.

- Expressing concern that these rights are threatened, and based on the Draft Law, the Mission has requested its official assessment by the OSCE Office for Democratic Institutions and Human Rights (ODIHR), which provides support, assistance, and expertise to OSCE participating States and civil society in promoting democracy, the rule of law, human rights, tolerance, and non-discrimination.

ODIHR subsequently invited the Venice Commission of the Council of Europe, which assists Council of Europe member states in ensuring compliance with European and international standards that are the foundation of democracy, human rights, and the rule of law, to issue a joint Opinion in which serious shortcomings of the Draft Law were listed and the Government of RS was urged to reconsider its adoption in its entirety - the letter states.

Specific issues causing concern, highlighted in the joint Opinion, include additional reporting obligations and increased inspection oversight, both of which appear designed to hinder the basic functionality of these organizations. Legal restrictions on the participation of civil society organizations in political activities or actions, without a clear definition of what would constitute such, limit the fundamental right to association.

Furthermore, the requirement for civil society organizations to be registered in a special registry, as well as the obligation to be marked in a certain way, would likely lead to the stigmatization and marginalization of these organizations. Finally, this law would allow for the prohibition of civil society organizations' activities without objective and necessary criteria.

- Based on an objective reading, this draft law is excessively vague and ambiguous, making it difficult to predict potential abuses and violations of its provisions, thereby undermining the principle of legal certainty. Moreover, this law makes cooperation between civil society organizations and international organizations, including the OSCE, as well as work on any human rights protection issues, very difficult, if not impossible - the letter states.

As an OSCE participating State, BiH has committed to respecting relevant international human rights standards, as well as the obligations of OSCE participating States in its human dimension.

These latter refer to more than 10 unanimously adopted commitments over the past 30 years, including the Copenhagen Document, which guarantees, among other things, the right to association, the Moscow Document, which lists the limited conditions under which such rights may be derogated, and the Charter of Paris for a New Europe, which affirms freedom of association and freedom of peaceful assembly. According to these commitments, government institutions in BiH, including elected bodies, have an obligation to develop and implement legal frameworks that protect both these rights and those who rely on the realization of these rights.

This draft law, if adopted, would clearly and substantially violate these commitments, which BiH has voluntarily undertaken as an OSCE participating State. This would result in a violation of the rights of citizens in RS, as they would be prevented from accessing and realizing their fundamental rights. Considering other regressive steps that limit the realization of fundamental freedoms in RS, including the recent re-criminalization of defamation through amendments to the Criminal Code of RS, the Mission considers this so-called "Foreign Agents Law" another serious step backward in relation to the full realization and preservation of human rights and fundamental freedoms.

- All elected officials must refrain from any action that would undermine these rights. This includes the immediate and permanent rejection of this draft law and any other similar regressive law, and further ensuring that all future laws respect the international and domestic human rights standards to which BiH is committed - the letter states, as announced by the OSCE.