On 26 June 2024, the House of Representatives, one of the two chambers of the Parliament of the Federation Bosnia and Herzegovina, adopted the Draft Law on Citizens’ Initiative and Protection of Citizens and Activists of the Federation of BiH.
This law provides protection against legal actions intended to suppress public engagement. Under the law, citizens and activists cannot be held accountable or subjected to physical or psychological abuse for participating in citizens’ initiatives, expressing opinions, engaging in discussions, or organizing peaceful activities that promote public debate on matters of public interest. The proposed law allows for the early dismissal of SLAPP (Strategic Lawsuits Against Public Participation) cases, protecting citizens and activists from lawsuits aimed at censoring, intimidating, or silencing them. This law ensures that such cases are promptly dismissed if they lack a valid legal basis and are intended to suppress public participation.
The next step is for the House of Peoples of the Parliament of the Federation of BiH to adopt this draft law which will be followed by the creation of final text of the law ensuring the citizens of Bosnia and Herzegovina the freedom of expression.
The law is a product of Think Nature! project, implemented by BCSDN member, the Center for Civil Society Promotion (CPCD) in BiH since 2019. In collaboration with six environmental associations- project partners Eco Hubs, the text of the law was drafted and advocated for this legislation. After a year of development, the initiative, supported by over 2000 petition signatories, was submitted to the Parliament of the Federation of BiH in December 2023. Just six months later, the draft law was adopted.
The adoption of the Draft Law marks a significant advancement in enhancing transparency and accountability within public institutions in the Federation of Bosnia and Herzegovina. This legislation empowers citizens to engage more actively in decision-making processes that directly impact their lives and communities.
The adoption of this law demonstrates Bosnia and Herzegovina’s commitment to adopting and implementing European standards in human rights and civil liberties, thereby meeting the necessary requirements for EU enlargement as outlined in the latest EU report for BiH.
The adoption of this law, supported by key politicians and shaped through an extensive consultative process, should be replicated by other countries in the region. It serves as a positive example for enacting more favorable laws that support unrestricted actions of CSOs, enhancing the overall level of democracy in the Western Balkans.
Want to learn more about SLAPPs and BCSDN’s work on the issue?
In order to respond to SLAPPs issues in the region, we have conducted in-depth research to uncover the prevalence, impact, and implications of SLAPPs on individuals, organizations, and public discourse in the region, for which we are organizing a launch event for the first regional report on SLAPPs in the Western Balkans. The event will take place tomorrow, on 2 July at 11 AM via Zoom. If interested in participating, please register HERE.
We recognize SLAPPs as crucial topic related to one of the key standards for ensuring an enabling environment for civil society in WBT – the legal guarantees and respect of the fundamental freedoms of association, assembly and expression.