UN, OSCE, Council of Europe, and EU in BiH Concerned About Criminalization of Defamation: A Step Back in Human Rights Protection

(Patria) - The United Nations in Bosnia and Herzegovina, the OSCE Mission to Bosnia and Herzegovina, the Council of Europe Office in Sarajevo, and the European Union in Bosnia and Herzegovina are extremely concerned about the fact that the National Assembly of Republika Srpska today re-criminalized defamation.

"Freedom of expression is a fundamental right and a core European value. This step is contrary to BiH's international human rights obligations, and is not in line with Bosnia and Herzegovina's European path, nor with the 14 key priorities from the European Commission's Opinion, especially key priority 11 on an enabling environment for civil society and key priority 12 on freedom of expression.

Where criminal defamation laws exist, they risk being misused against journalists, human rights defenders, and other civil society actors for carrying out their legitimate role of investigating and informing the public on matters of public interest, which is essential for the functioning of any democratic society. The amendments are an undesirable, and undeniably large, step backward in the protection of fundamental rights and undermine the effective functioning of democracy in Republika Srpska.

We also recall the recommendations made by United Nations, OSCE, and Council of Europe bodies and human rights mechanisms, which have called on the authorities of Republika Srpska not to criminalize defamation again, but instead to address defamation issues through improved media regulation and protection within civil law.

We also recall similar appeals from civil society organizations, including journalistic associations.

We will continue to provide full support to any constructive and substantive discussion or process on how to further align legislation throughout Bosnia and Herzegovina with the international human rights standards to which the state is legally bound.

We will also continue our active support for the important work of responsible and independent media actors and organizations in Republika Srpska and beyond," the statement said.