ReliefWeb

Executive Summary

Two decades after the end of the conflict, women victims of conflict-related sexual violence in Bosnia and Herzegovina (BiH) continue to suffer, not only from the consequences of past crimes, but also from the denial and neglect by the authorities and public service providers in all parts of the country. In the years that followed the 1992-1995 armed conflict leading to the dissolution of the former Yugoslavia, victims saw very little improvement to their living conditions and continue to be one of the most marginalised groups in BiH, still unable to access justice, truth or reparation.

Over 20,000 women and girls had been subjected to rape and other forms of sexual violence in nearly three years of the war. Many were enslaved and tortured and some forcibly impregnated in the so-called ‘rape camps’, while others were raped in a less organised way by various military and paramilitary groups in the course of the attacks against the civilian population. In the vast majority of cases, these women were victims of multiple crimes under international law, including rape, enforced disappearances and arbitrary detention. Many of them witnessed the torture or killing of their family members. As a result, they suffered devastating and often lasting physical and psychological consequences that still affect their day-to-day lives.

The findings from this report largely pertain to those women who decided to speak out and seek justice and redress in face of many obstacles. The vast majority of victims of sexual violence continue to suffer in silence. They are discouraged from seeking their rights by the variety of challenges, and continue to cope with the consequences of the crimes on their own. Living with often-paralyzing trauma and feelings of shame, and subsisting at the margins of society, many survivors are still struggling to rebuild their lives. The continued failure of the authorities to agree on measures to address their rights and provide recognition and adequate support threatens to leave the victims without the opportunity to see justice and reparation in their lifetime. Associations of survivors fear, and not without reason, that the political apathy and the resulting impasse will outlive most of them. In the words of Bakira Hasečić of the Women Victims of War association, ‘most survivors will not live long enough to see justice being done’.

Under international law, the BiH state is responsible for guaranteeing victims’ rights to justice, truth and reparation. This obligation includes equal and effective access to justice; and adequate, effective and prompt reparation for the harm suffered, including restitution, compensation, rehabilitation, satisfaction and guarantees of non-repetition. Collectively, these measures are meant to address the suffering of the victims and help them rebuild their lives.

Amnesty International’s research conducted over a period of two years, reveals that the combination of factors – including the complicated and dysfunctional constitutional, judicial and administrative structure of BiH, political paralysis, and concern for resources – resulted in the failure of the authorities to provide the victims with full and effective access to truth, justice and reparation. Systemic obstacles victims face when trying to access their rights and badly needed services have denied many of them the opportunity to find closure, rebuild their lives and successfully reintegrate into society. Lasting and often untreated trauma and the range of physical conditions caused by sexual violence have had a debilitating effect on these women. In addition to being victims of war, their enduring ailments often prevented them from finding employment and keeping jobs. Women victims of sexual violence tend to suffer high unemployment and poverty and are among the most vulnerable economic groups in BiH society.

This report reviews recent legislative and policy developments intended to address the problem of victims of wartime sexual violence and examines broader systemic and political factors that stand in the way of a comprehensive and meaningful reparation. The findings included in this report are based on desk and field research carried out between June 2015 and May 2017 and interviews with 89 participants, including survivors, representatives of non-governmental organizations, authorities and the International Community. The research reveals that despite considerable advances made in recent years, these efforts have been anything but systemic and genuinely restorative. With rare exceptions, the solutions remain haphazard and fragmented and vary significantly between the two entities, causing further uncertainty and discrimination and falling short of tangibly improving the lives of victims across the country.