Abstract
In 1995, the Dayton Peace Accords (DPA) brought an end to the entrenched three-year war in Bosnia-Herzegovina (hereafter ‘Bosnia’ or ‘BiH’) and set the stage for the construction of a new state that was to be based on the rule of law, democracy, and human rights. As the narrative is now familiar, while the DPA supported and created relative peace and better human rights protections, it has not been able to create a civic identity, a well-functioning state or democracy, or the strong implementation of human rights. The Dayton constitution has (along with informal state and societal practices) institutionalized ethno-national identities and representation in a way that is keenly felt today in almost all areas of Bosnian political life (Mujkić 2008). During the late 1990s and early 2000s, Bosnian political elites and the international community were focused not on minority rights, but instead on immediate security concerns, rebuilding the economy and country, creating a functioning state, and capturing and prosecuting war criminals. Especially since 2006, elites have been unable and/or unwilling to compromise and reform the political and electoral system in line with European Union (EU) expectations and requirements. However, the recent coming into force of the Stabilization and Association Agreement (SAA) with the EU may signal a change.
Access this chapter
Tax calculation will be finalised at checkout
Purchases are for personal use only
Similar content being viewed by others
Notes
- 1.
Given the widespread use of the LGBT acronym globally and within Bosnia, it will be used here, even though transgender issues will not be discussed due to space and focus. Also, according to the Sarajevo Open Center, ‘Trans* people are completely marginalized within the BiH society, which is also reflected by the institutional policies. There are no established medical support and procedures for the gender reassignment process in BiH. The official social security system does not cover any costs related to gender reassignment surgeries that are taking place abroad’ (Vasić et al. 2014). The anti-discrimination and hate crimes laws do include ‘gender identity’ as a protected category, but visibility and awareness of trans citizens remains limited.
- 2.
According to Checkel (1999), norm empowerment occurs when ‘the prescriptions embodied in a norm become, through changes in discourse or behavior, a focus of political attention or debate’. LGBT rights norms here means basic equality and individual rights applied to LGBT individuals (such as protection from discrimination and violence). But it also includes general awareness and visibility of LGBT people and any issues related to this community. This idea is also called the ‘domestic salience’ of norms. Greater norm empowerment is not necessarily the same as progress on LGBT rights, but empowerment should be seen as one advancement in this area. See also the work of Cortell and Davis (1996, 2000).
- 3.
For example, Italy and Poland, according to ILGA-Europe, are ranked at the same level as Bosnia, while the UK and Belgium are at the highest levels in the region. See ILGA-Europe (2015).
- 4.
The inclusion of the language of sexual orientation in the 2003 Gender Equality Law discussed below is one exception.
- 5.
The main statement on discrimination does not use the term ‘gender’, even though the term is used throughout the law. The law focuses on gender discrimination and does not use the terms ‘gender identity’ or ‘gender expression’. While ‘sexual orientation’ appears at the beginning of the law, the subsequent articles refer only to sex or gender, creating some confusion as to how this law would best apply to LGBT citizens (See the law at: http://www.ilo.org/dyn/natlex/docs/SERIAL/64146/69205/F195754431/BIH64146.pdf.) The comprehensive anti-discrimination law of 2009 has more potential for protecting LGBT citizens.
- 6.
Moreover, the Gender Equality Law has been criticized for its lack of a definition of sexual orientation (and the lack of explicit reference to it after Article 2), for not including ‘gender identity’ specifically, and for its general vagueness that makes it difficult for prosecutors and judges to interpret (Đurković 2008).
- 7.
The Social Democrats brought up the legislation in 2014, but it did not pass, and now this task has moved to the Ministry of Justice, with observers reporting that it is still under review, but has not been passed yet (Author interview with Vladana Vasić, 5 June 2015, SOC, Sarajevo). One should note the structural complexities of the Federation compared to RS and how it often takes longer for laws to be adopted.
- 8.
Author interview with Vladana Vasić, Sarajevo Open Center, Sarajevo, 29 October 2014.
- 9.
Text of the law at: http://arsbih.gov.ba/wp-content/uploads/2014/02/002-Anti-Discrimination-Law-.pdf.
- 10.
Author interview with Svetlana Đurković, Sarajevo, 25 January 2015.
- 11.
Sarajevo was covered with posters and leaflets promoting ‘fascist, racist and xenophobic ideology directed against homosexuals’ and media coverage that could be considered hate speech (Helsinki Committee 2008, p. 7).
- 12.
Kajinic explained how both the liberal and conservative media ‘explicitly link[ed] the discourse of human rights and “queerness” to “Europeanness” and modernity, but with very different results’ (Kajinic 2008, p. 66).
- 13.
Another important topic of the media debate that illustrates the identity conflicts was the timing of the festival. Islamic conservatives and even some political elites claimed that the organizers were intentionally provoking them (and Bosnian society more generally) by holding the festival during Ramadan (the Islamic holy month). In fact, this was not intentional, but an oversight (Author interview with Svetlana Đurković, Sarajevo, 25 January 2015).
- 14.
This semantic ethnic cleansing has been common, where people with Croat or Serb names who are Bosnian are often told to leave the country even though they are not from Croatia or Serbia.
- 15.
‘Chetnik’ is the derogatory term used for nationalist Serbs during the Balkan wars.
- 16.
Author interview with Svetlana Đurković, Sarajevo, 25 January 2015.
- 17.
Author interview with US Embassy, Sarajevo, 28 October 2014.
- 18.
Authors interview with Dutch Embassy, Sarajevo, 27 October 2014.
- 19.
Author interview with Vladana Vasić, Sarajevo Open Center, Sarajevo, 29 October 2014.
- 20.
Author interview with Vladana Vasić, Sarajevo Open Center, Sarajevo, 29 October 2014.
- 21.
Author interview with Vladana Vasić, Sarajevo Open Center, Sarajevo, 29 October 2014
- 22.
Author interview with Azra Causević, Okvir, Sarajevo, 29 October 2014.
- 23.
According to ILGA’s index, the main improvements from 2014 to 2015 relate to progress on transgender rights (e.g. legal gender recognition, name change allowed, and identity noted on official documents) in addition to having an ‘equality body mandate’.
- 24.
Author interview with Emina Bošnjak, Sarajevo Open Center, Sarajevo, 3 June 2015
- 25.
Author interview with US Embassy, Sarajevo, 28 October 2014
- 26.
Author interview with Emina Bošnjak, Sarajevo Open Center, Sarajevo, 3 June 2015.
- 27.
Author interview with Vladana Vasić, Sarajevo Open Center, Sarajevo, 29 October 2014
- 28.
Author interview with Emina Bošnjak, Sarajevo Open Center, Sarajevo, 3 June 2015
- 29.
Progress should not overshadow the fact that among many political elites, there is still resistance to change. Thus, observers are likely skeptical that political elites, even those within human rights institutions, will follow through on their policy commitments. See ILGA-Europe (2013).
- 30.
Note that this claim does not mean that the state is not repressing LGBT individuals, since the police and state agents are clearly still violating LGBT rights. It only means that at the institutional and legal levels and also at the level of discourse, we do not see direct and systematic repression relative to previous years. We do see some cases of assault and violence being investigated and perpetrators being convicted (while other cases are languishing). Thus, progress can coexist with continued discrimination and violence.
- 31.
Author interview with Vladana Vasić, Sarajevo Open Center, Sarajevo, 29 October 2014; Author interview with Emina Bošnjak, Sarajevo Open Center, Sarajevo, 3 June 2015.
- 32.
Author interviews with numerous LGBT activists and University of Sarajevo political scientist, October 2014.
- 33.
Author interview with Asim Mujkić, Sarajevo, 28 October 2014.
- 34.
Risse et al. (1999, p. 24, emphasis added) hypothesize that a ‘transition to the third phase of “tactical concessions” primarily depends on the strength and mobilization of the transnational network in conjunction with the vulnerability of the norm-violating government to international pressures’. While Bosnia is somewhat vulnerable and needing to convince EU actors of its commitments, it is not in the same position as neighboring Serbia, which is aiming to construct a new identity and be welcomed into Europe after its behavior during the Balkan wars.
References
AKI. (2008). Bosnia: Gay festival closes after clashes with hardline Muslims. Adnkronos International [Online], 26 September. Retrieved January 18, 2015, from http://www1.adnkronos.com/AKI/English/CultureAndMedia/?id=1.0.2515181716.
Ayoub, P. M. (2014). With arms wide shut: Threat perception, norm reception, and mobilized resistance to LGBT rights. Journal of Human Rights, 13(3), 337–362.
Ayoub, P. M. (2015). Contested norms in new-adopter states: International determinants of LGBT rights legislation. European Journal of International Relations, 21(2), 293–322.
Ayoub, P. M., & Paternotte, D. (Eds.) (2014). LGBT activism and the making of Europe: A rainbow Europe? Basingstoke, England: Palgrave Macmillan.
Barreiro, M., & Vasić, V. (2013). Monitoring the implementation of the Council of Europe Committee of Ministers recommendation on combating sexual orientation or gender identity discrimination. Sarajevo: Sarajevo Open Center.
Berger, N. (2004). Tensions in the struggle for sexual minority rights in Europe. Manchester: Manchester University Press.
Bieber, F. (2004). Institutionalizing ethnicity in the Western Balkans managing change in deeply divided societies. ECMI Working Paper #19 [Online]. Retrieved June 30, 2015, from http://unpan1.un.org/intradoc/groups/public/documents/UNTC/UNPAN015487.pdf.
Bieber, F. (2006). Post-war Bosnia: Ethnicity, inequality, and public sector governance. New York: Palgrave Macmillan.
Bieber, F. (2010). Constitutional reform in Bosnia and Herzegovina: Preparing for EU accession. European Policy Centre Policy Brief [Online]. Retrieved June 5, 2015, from http://www.epc.eu/documents/uploads/1087_constitutional_reform_in_bosnia_and_herzegovina.pdf.
Börzel, T. A., & Risse, T. (2003). Conceptualizing the domestic impact of Europe. In K. Featherstone & C. M. Radaelli (Eds.), The politics of Europeanization (pp. 57–80). Oxford: Oxford University Press.
Bosnia and Herzegovina 2008 Progress Report, SEC(2008) 2693, final.
Butterfield, N. (2013). Sexual rights as a tool for mapping Europe: Discourses of human rights and European identity in activists' struggles in Croatia. In N. Fejes & A. P. Balogh (Eds.), Queer visibility in post-socialist cultures (pp. 11–34). Bristol, England: Intellect Ltd.
Causević, A. (2010). Making it queer in post-socialist BiH. Master’s thesis, Central European University, Budapest.
Checkel, J. (1999). Norms, institutions, and national identity in contemporary Europe. International Studies Quarterly, 43(1), 83–114.
Checkel, J. (2001). Why comply? Social learning and European identity. International Organization, 55(3), 553–588.
Cortell, A., & Davis, J. (1996). How do international institutions matter? The domestic impact of international rules and norms. International Studies Quarterly, 40(4), 451–478.
Cortell, A., & Davis, J. (2000). Understanding the domestic impact of international norms: A research agenda. International Studies Review, 2, 65–87.
Ćuzulan, J. (2015). IDAHOT 2015: Pregled dešavanju u BiH. LGBT.ba [Online], 22 May. Retrieved June 15, 2015, from http://lgbt.ba/idahot-2015-pregled-desavanja-u-bih/.
Đurković, S. (2008). The invisible Q? Human rights issues and concerns of LGBTQ persons in Bosnia and Herzegovina. Sarajevo: Organization Q.
Enlargement strategy and main challenges 2013–2014, COM (2013) 700, final.
E-Novine. (2015). Poboljšati položaj LGBT osoba u BiH. E-Novine, [Online] 21 May. Retrieved June 13, 2015, from http://www.e-novine.com/region/region-bosna/120748-Poboljati-poloaj-LGBT-osoba-BiH.html.
Fagan, A. (2008). Global–local linkage in the Western Balkans: The politics of environmental capacity building in Bosnia-Herzegovina. Political Studies, 56(3), 629–652.
Featherstone, K., & Radaelli, C. (Eds.) (2003). The politics of Europeanization. Oxford: Oxford University Press.
Fejes, N., & Balogh, A. (Eds.) (2014). Queer visibility in post-socialist cultures. Bristol, CT: Intellect.
Freedom House. (2014). Bosnia and Herzegovina overview. Freedom House [Online]. Retrieved June 5, 2015, from https://freedomhouse.org/report/freedom-world/2014/bosnia-and-herzegovina#.VXHd5WTBzGc.
Fischer, M (Ed.). (2007). Ten Years after Dayton: Peacebuilding and Civil Society in Bosnia Herzegovina. Berlin: Lit Verlag.
Greenberg, J. (2006). Nationalism, masculinity and multicultural citizenship in Serbia. Nationalities Papers, 34(3), 321–341.
Grabbe, H. (2006). The EU Transformative Power: Europeanization through Conditionality in Central and Eastern Europe. New York: Palgrave Macmillan.
Helsinki Committee for Human Rights in Bosnia and Herzegovina. (2008) Report on the status of human rights in Bosnia and Herzegovina: Analysis for the period January 2008–December 2008.
Human Rights Watch. (2014). Bosnia and Herzegovina: Attack on LGBT Activists. 4 February. Retrieved June 5, 2015, from https://www.hrw.org/news/2014/02/04/bosnia-and-herzegovina-attack-lgbt-activists.
ILGA-Europe (2013). Annual review of the human rights situation of lesbian, gay, bisexual, trans and intersex people in Europe 2013. Brussels, Belgium: ILGA-Europe. Retrieved June 10, 2015, from http://www.ilga-europe.org/resources/rainbow-europe/2015.
ILGA-Europe. (2015). ILGA-Europe rainbow map May 2015, Brussels, Belgium: ILGA-Europe. Retrieved June 25, 2015, from http://rainbow-europe.org.
Jukić, E. (2014). Sarajevo Queer Fest Violence Condemned, Balkan Insight, [Online] 3 February. Retrieved January 27, 2015, from http://www.balkaninsight.com/en/article/sarajevo-violence-over-queer-fest-condemned.
Kajinic, S. (2008). ‘Battle for Sarajevo’ as ‘Metropolis’: Closure of the first queer Sarajevo festival according to liberal press. Anthropology of East Europe Review, 28(1), 62–82.
Katzenstein, P. (Ed.) (1996). The culture of national security: Norms and identity in world politics. New York: Columbia University Press.
Kelley, J. (2006). Ethnic politics in Europe: The power of norms and incentives. Durham, NC: Duke University Press.
Keck, M., & Sikkink K. (1998). Activists Beyond Borders. Ithaca: Cornell University Press.
Kulpa, R., & Mizielińska, J. (Eds.) (2011). De-centring western sexualities: Central and Eastern European perspectives. Surrey, England: Ashgate.
Mikuš, M. (2011). “State Pride”: Politics of LGBT rights and democratisation in “European Serbia”. East European Politics & Societies, 25(4), 834–851.
Muja, A. (Ed.) (2013). The EU visa liberalisation process in Western Balkans: A comparative assessment. Pristina: Kosovar Center for Security Studies. Retrieved August 6, 2015, from http://www.qkss.org/repository/docs/The_EU_Visa_Liberalization_Process_in_the_Western_Balkans_Countries-A_Comparative_Assessment_363096.pdf.
Mujkić, A. (2008). We, the citizens of ethnopolis. Sarajevo: Center for Human Rights.
Nagel, J. (1998). Masculinity and nationalism: gender and sexuality in the making of nations. Ethnic and Racial Studies, 21(2), 242–269.
O’Dwyer, C. (2010). From conditionality to persuasion? Europeanization and the rights of sexual minorities in post-accession Poland. Journal of European Integration, 32(3), 229–247.
O’Dwyer, C. (2013). Gay rights and political homophobia in post-communist Europe: Is there an “EU effect”? In M. L. Weiss & M. J. Bosia (Eds.), Global homophobia: States, movements, and the politics of oppression (pp. 103–126). Urbana, IL: University of Illinois Press.
O’Dwyer, C., & Schwartz, K. Z. S. (2010). Minority rights after EU enlargement: A comparison of antigay politics in Poland and Latvia. Comparative European Politics, 8(2), 220–243.
Pandurević, D., Bošnjak, E., & Kučukalić, N. (2015). Political parties and the human rights of LGBT people: Monitoring of the general election 2014. Sarajevo: Sarajevo Open Center.
Pickering, P. (2007). Peacebuilding in the Balkans: The view from the ground floor. Cornell: Cornell University Press.
Popov-Momčinović, Z. (2013). Ko smo mi da sudimo drugima. Sarajevo: Heinrich Boll, Foundation CURE, Sarajevo Open Center. Retrieved August 4, 2015, from http://soc.ba/site/wp-content/uploads/2013/11/ko_smo_mi_2013_10_25web1.pdf.
Risse, T., Ropp, S., & Sikkink, K. (1999). The power of human rights. Cambridge: Cambridge University Press.
Risse, T., Ropp, S., & Sikkink, K. (2013). The persistent power of human rights. Cambridge: Cambridge University Press.
Risse-Kappen, T (Ed.). (1995). Bringing Transnational Relations Back In: Non-State Actors, Domestic Structures and International Institutions. Cambridge: Cambridge University Press.
Schäuble, M. (2009). Contested masculinities: Discourses on the role of Croatian combatants during the “Homeland War” (1991–1995). In C. Eifler & R. Seifert (Eds.), Gender dynamics and post-conflict reconstruction (pp. 169–198). Frankfurt am Main, Germany: Peter Lang.
Schimmelfennig, F., & Sedelmeier, U. (Eds.) (2005). The Europeanization of Central and Eastern Europe. Ithaca, NY: Cornell University Press.
Slootmaeckers, K., & Touquet, H. (2016). The Co-evolution of EU’s Eastern enlargement and LGBT politics: An ever gayer union? In K. Slootmaeckers, H. Touquet, & P. Vermeersch (Eds.), The EU enlargement and gay politics. London: Palgrave Macmillan.
SOC (Sarajevo Open Center). (2015). Written submission by Sarajevo Open Centre on the state of human rights of LGBT people in Bosnia and Herzegovina tot the 2015 progress report. Sarajevo: Sarajevo Open Center. Retrieved September 28, 2015, from http://soc.ba/site/wp-content/uploads/2015/03/Written-submission_2015-Progress-Report_LGBT-rights_Sarajevo-Open-Centre.pdf.
Subotić, J. (2011). Europe is a state of mind: Identity and Europeanization in the Balkans. International Studies Quarterly, 55(2), 309–330.
Swimelar, S. (2008). The making of minority rights norms in the context of EU enlargement: The Czech Republic and the Roma. The International Journal of Human Rights, 12(4), 505–527.
Tinjak, A. (2015). Intervju: Vesna Švancer: Svako je Osjetljiv kada njegovo pravo povrijeđeno. LGBT.ba, [Online] 28 May. Retrieved February 12, 2015, from http://lgbt.ba/intervju-vesna-svancer-svako-je-osjetljiv-kada-je-njegovo-pravo-povrijedjeno/.
Vasić, V., Gavrić, S., & Bošnjak, E. (2014). Pink report: Annual report on the state of human rights of LGBT persons in Bosnia Herzegovina in 2014. Sarajevo: Sarajevo Open Center.
Weiss, M. L., & Bosia, M. J. (Eds.) (2013). Global homophobia: States, movements, and the politics of oppression. Urbana, IL: University of Illinois Press.
Wilkinson, C. (2014). LGBT activism in Kyrgyzstan: What role for Europe? In P. M. Ayoub & D. Paternotte (Eds.), LGBT activism and the making of Europe: A rainbow Europe? (pp. 50–72). Palgrave Macmillan: Basingstoke, England.
Yuval-Davis, N. (1997). Gender and nation. London: Sage.
Author information
Authors and Affiliations
Editor information
Editors and Affiliations
Copyright information
© 2016 The Editor(s) (if applicable) and The Author(s)
About this chapter
Cite this chapter
Swimelar, S. (2016). The Struggle for Visibility and Equality: Bosnian LGBT Rights. In: Slootmaeckers, K., Touquet, H., Vermeersch, P. (eds) The EU Enlargement and Gay Politics. Gender and Politics. Palgrave Macmillan, London. https://doi.org/10.1057/978-1-137-48093-4_8
Download citation
DOI: https://doi.org/10.1057/978-1-137-48093-4_8
Published:
Publisher Name: Palgrave Macmillan, London
Print ISBN: 978-1-137-48092-7
Online ISBN: 978-1-137-48093-4
eBook Packages: Political Science and International StudiesPolitical Science and International Studies (R0)