The BiH Law on the Prohibition of Discrimination aligns with international human rights standards; however, persistent inconsistencies in court practices remain, notably concerning the burden of proof. To ensure the uniform implementation of the law, the OSCE Mission to Bosnia and Herzegovina (Mission), in co-operation with the Federation of BiH (FBiH) and Republika Srpska (RS) Judicial and Prosecutorial Training Centres, organized a tailored training-course on addressing challenges in adjudicating discrimination and the reversed burden of proof for over 50 judges in Mostar from 16 – 17 May. This training placed particular emphasis on providing guidance on how to consider the Ombudsman Institution’s recommendations and its special reports when adjudicating discrimination cases before the courts.

Arben Murtezić, Director of the FBiH Centre for Education of Judges and Prosecutors, said: The elimination of all forms of discrimination is the fundamental task of all state institutions in a democratic society. Despite widespread discussions on this issue, there is often a lack of understanding of the concept of discrimination and specific protection mechanisms among professionals. Therefore, this training, in addition to its educational purpose, also serves to raise awareness.”

Director of the RS Centre for Education of Judges and Prosecutors, Slobodan Zec, emphasized the importance of this topic, especially for judges handling such cases, as they face challenges in determining discrimination and applying special procedural rules in discrimination lawsuits. “This training marks a continuation of our ongoing co-operation with the OSCE Mission to Bosnia and Herzegovina, and given the importance of this topic, we hope that this co-operation will continue in the future,” concluded Zec.

The Mission, in close co-operation with the training centres of both entities, has invested considerable efforts to strengthen domestic mechanisms since the adoption of the Law. This includes training for more than 1,300 judges and judicial staff on international and European anti-discrimination standards and mechanisms.

Nina Šeremet, National Legal Officer at the OSCE Mission to BiH, stated: “Discrimination remains a challenge in BiH society. Our recent analysis reveals the need to strengthen capacities within the judiciary in BiH for the effective processing of discrimination cases.”