The UN Committee on the Elimination of Discrimination against Women (UN CEDAW) issued its first decision against Bosnia and Herzegovina on July 19, 2020, concluding that “gender-based violence against women is a form of discrimination and torture” and calling upon the state to provide direct support to survivors of wartime sexual violence.
“This is a historic first, both in terms of designating BiH as responsible, and in recognizing the suffering of sexual violence survivors,” according to TRIAL International, a human rights NGO which provides legal assistance to victims and litigates cases.
The UN CEDAW decision was prompted by a case represented by TRIAL International, in which it was determined that Bosnia and Herzegovina failed to provide the survivor with an impartial and effective investigation or to guarantee fair and appropriate compensation.
“In yet another decision by an important international human rights body, it is confirmed that BiH remains ineffective in protecting the rights of wartime sexual violence survivors”, said Lamija Tiro, legal advisor at TRIAL International.
“More and more survivors are empowered and willing to seek justice at the international level, after exhausting all domestic legal remedies,” she said.
The UN CEDAW decision is not limited to this particular case which was represented by TRIAL International, as the Committee also called on the state to ensure prompt, impartial and effective investigations into all cases of gender-based violence, especially in cases of wartime sexual violence.
It also stressed the importance of providing compensation and other forms of reparations to survivors. UN CEDAW specifically emphasized that claims for compensation for sexual violence could not be subject to the statute of limitations.
“This decision is a strong message from the United Nations to Bosnian authorities to respect their international obligations, and to respond in a prompt and adequate manner to the demands of survivors of wartime sexual violence, as one of the most vulnerable groups in Bosnia and Herzegovina”, said Philip Grant, executive director of TRIAL International.
