LJUDSKA PRAVA I PRAVOSUĐE U BOSNI I HERCEGOVINI (2011-2012) - Izvještaj o provedbi preporuka u sektoru pravosuđa u BiH iz Univerzalnog periodičnog pregleda Vijeća za ljudska prava Ujedinjenih nacija - Shephard, Adam; Pirija, Edina; Demir, Elma; Omičević, Jasmina; Sahadžić, Maja; Šoštarić, Maja; Savić, Milena; Madacki, Saša; Rondić, Sanela (ADI Asocijacija za demokratske inicijative, 2012)
Since its inception in 1948, with the creation of the Universal Declaration of Human Rights, international human rights regime was based on traditional mechanisms of protection of rights developed by the United Nations (UN), which gave a significant role to the states. Namely, the states are primary actors not only in the international processes of implementation and monitoring of human rights but also in guaranteeing the rights and running the process of self-monitoring and reporting. In the absence of capacities of the UN bodies to directly monitor the human rights situation in all Member States, when member states fail to be sufficiently self-critical, NGOs, whose fundamental role is to monitor and report on human rights protection and advocate for better protection thereof by local government institutions and international organizations, play an important role.
Efficient protection of human rights requires a strong engagement of civil society at both, national and international levels, as civil society organizations are the only entities that continuously monitor the situation on the ground and work on raising awareness about existing rights and call the decision makers for accountability in case of their violation. In this way, the United Nations (UN) revised the process of monitoring and reporting on human rights in 2008 by creating the Universal Periodical Review (UPR) as the new international instrument in fight for human rights, which the UN Human Rights Council applies in order to monitor condition of human rights in member states. Recognizing the importance of the Universal Periodic Review (UPR) as a new international instrument for fight for human rights, as well as the new role non-governmental organizations got, the Justice Network in Bosnia and Herzegovina adopted the UPR as a tool in their work already in April 2010.
After consultations between the members, the Justice Network joined the UPR process through the development of UPR recommendations for BiH, which were presented by a three-member Delegation of the Justice Network on the 14th session of the UN Council for Human Rights held on 11 June 2010 in Geneva. In addition to the preparation of recommendations and presentation thereof in Geneva, the Justice Network organized and delivered training on this mechanism for representatives of civil society and the justice sector. Also, two roundtables were organized for the same target group, one in Sarajevo and one in Banja Luka, in which conclusions have been defined for more effective implementation of UPR recommendations in the BiH judiciary. Starting from these conclusions, during strategic planinng activities of the Network in 2010 it was agreed that monitoring and reporting on human rights condition in domestic and international institutions as their primary form of action.
In this way, Justice Network - which brings together 57 non-governmental organizations whose primary objective is to support government institutions in strengthening the efficiency, independence and accountability of the judicial system of Bosnia and Herzegovina, as well as quality information, education and advocating for the interests of citizens in the justice sector - has identified monitoring and reporting on human rights as an essential mechanism by which it seeks to realize its goals. Development of judicial system in BiH, which effectively protects human rights and promotes the rule of law is not possible without a detailed and continuous evaluation of the system for monitoring of compliance of national legislation with international standards.
To this end, a Working Group responsible for development of a "Universal Periodic Review" (UPR) on the situation of human rights in Bosnia and Herzegovina was established, which conducts monitoring of justice sector institutions responsible for implementation of the recommendations from UPR since 2010, which Bosnia and Herzegovina assumed in the field of justice. Representatives of the Association for Democratic Initiatives, the Center for Information and Legal Aid of Zvornik, the Human Rights Centre of the University of Sarajevo, the Association of Prosecutors of FBH, the Association of associates and advisers in the courts and prosecutor offices in BiH, the BiH Association of Judges, and the Association "Women to Women" have worked jointly on monitoring the implementation of recommendations of the UN Council for Human Rights in judicial sector of Bosnia and Herzegovina.