Court rules Milorad Dodik discriminated against LGBT people

(Patria) - The Basic Court in Banja Luka has ruled in a first-instance verdict that Milorad Dodik discriminated against the LGBT population in 2023 through public statements following a physical attack on them, confirmed by the Sarajevo Open Centre (SOC).

Dodik, who held the office of President of Republika Srpska at the time, discriminated against LGBT people on several occasions in March 2023, following an attack on them in Banja Luka. The Basic Court determined that the discrimination was directed based on sexual orientation, gender identity, and sex characteristics, resulting in the creation of a hostile and offensive environment.

The verdict prohibits Dodik from undertaking any further actions of the same or similar nature that violate or may violate the right to equal treatment of members of the LGBTI community, according to SOC.

Darko Pandurević from SOC stated that it is particularly important that the verdict is based on the Law on Prohibition of Discrimination of BiH, which was voted for by representatives of the Alliance of Independent Social Democrats, of which Dodik is the president.

“I must say that it is a great satisfaction every time we see institutions doing their job, and that is our main goal, the verdicts themselves and engaging in this process. That we constantly use and test the various mechanisms we have for the protection of human rights, and thereby, of course, push institutions to do their job,” said Pandurević.

Dodik also made discriminatory remarks against LGBT people before and after the planned Pride Parade in Banja Luka that same year.

“All activists of that group should be banned from accessing schools to promote such things, such content should be removed from textbooks, and we should even try to see how to regulate it through networks because the presence of such content is increasingly expanding, and I think it pollutes public space, social space, and I think it should be eliminated,” he said at the time, among other things.

Dodik later stated that he “remains against these people, or rather, what they promote,” but that they are free in their private lives and can “practice whatever they want there.”

“There are places, islands around the world where that is normal, go ahead, move there, live there,” Dodik said at the time.

SOC stated that this verdict is symbolic, but also a step forward and a reminder that no one should be above the law. They added that laws should protect all citizens regardless of sexual orientation, gender identity, or personal orientation.

The verdict specifically emphasized that Dodik held the highest executive office in RS at the time and that his statements had significance and social impact.

Dženana Hadžiomerović, a lawyer from Sarajevo representing the Sarajevo Open Centre, said it is encouraging that the Basic Court in Banja Luka has consistently applied the amendments to the Law on Prohibition of Discrimination of BiH and the European Convention on Human Rights.

“It is significant that courts in Bosnia and Herzegovina are increasingly clearly applying the principle that no politician, regardless of the office they hold, has an unlimited right to freedom of expression if such statements violate the right to equal treatment of LGBTI persons or any other minority or vulnerable social group or individual,” the Sarajevo Open Centre's statement reads.

The verdict also states that Dodik's statements contained “elements of generalization of an entire social group, stigmatization, and delegitimization of their presence in public space” and that he called for their exclusion.

An appeal against the verdict of the Basic Court in Banja Luka is permitted.

Dodik was previously finally convicted by the Court of Bosnia and Herzegovina to one year in prison for non-compliance with the decisions of the High Representative, and was issued a security measure prohibiting him from performing the duties of the President of RS for a period of six years from the date the verdict becomes final.