The proposed resolution states that the House of Representatives of the PSBiH strongly condemns the announcement of the adoption of the law on amendments to the Criminal Code of the RS, which, among other things, criminalizes defamation as a criminal offense with high monetary sanctions
The House of Representatives of the Parliamentary Assembly of Bosnia and Herzegovina discussed today the Proposal for a resolution on the right to freedom of expression in Bosnia and Herzegovina in accordance with European standards, proposed by MPs Aida Baručija, Sabina Ćudić, Rejhana Dervišević, Jasmin Imamović, Mia Karamehić-Abazović, Predrag Kojović, Saša Magazinović, Albin Muslić, Nihad Omerović, Ermina Salkičević-Dizdarević and Denis Zvizdić.
During the voting, the proposed resolution had a general, but not the necessary, entity majority of votes of representatives from Republika Srpska, and it will be subsequently voted on in the second round.
In the proposed resolution, it is stated that the House of Representatives of the PSBiH strongly condemns the announcement of the adoption of the law on amendments and additions to the Criminal Code of the RS, which, among other things, criminalizes defamation as a criminal offense with high monetary sanctions.
It is also stated, among other things, that the House of Representatives opposes any attempt to threaten the constitutional right to freedom of expression in any way and to financially and in any other way make the work of independent media more difficult, which would result in the introduction of censorship.
One of the proposers of the resolution, Denis Zvizdić (NiP), said that the text of the resolution was based on the facts that the Universal Declaration of Human Rights guaranteed everyone the right to freedom of opinion and expression, as well as that the International Covenant on Civil and Political Rights, together with the protocols contained in Constitution of Bosnia and Herzegovina, in the catalog on human rights.
He also stated that it is based on the fact that the European Convention on Human Rights and Fundamental Freedoms defined freedom of expression as one of the fundamental foundations of a democratic society, and that the position of the European Court of Human Rights has been confirmed through several judgments, that freedom of expression is one of basic foundations of a democratic society.
– While at the same time emphasizing that the Constitution of BiH guarantees freedom of expression to all persons on the territory of BiH, taking into account the fact that in 2003 BiH decriminalized defamation in the legislation on the territory of the entire BiH and especially emphasizing the fact that it is one of the 14 priorities from the Opinion of the European Commission on the request for membership Bosnia and Herzegovina in the EU guarantee freedom of media expression and protection of journalists – stated Zvizdić.
According to him, this resolution aims to express the opposition of the PSBiH House of Representatives to any attempt to threaten in any way the constitutional right to freedom of expression, to financially or in any other way make the work of independent media more difficult, which would result in the introduction self-censorship.
He said that with this resolution the House of Representatives intends to charge the Council of Ministers of Bosnia and Herzegovina as well as the institution of the Ombudsman for Human Rights to undertake all activities within their competences, in order to find an adequate balance between the protection of the right to freedom of expression and the fight against disinformation, and in accordance with the legitimate goals that are sought to be achieved in a democratic society, which our state of BiH also strives for.
MP Zlatan Begić (DF) said that the Democratic Front Club will support the proposed resolution.
– We believe that this one document and one position should be expressed and that it should be expressed at all levels and within all communities, including the academic community, including journalists’ associations, in every possible way. I think that one should express displeasure with the desire and intention that the decision-makers will take that displeasure into account somewhere and enable the freedom of the media – said Begić.
MP Branislav Borenović (PDP) said that this resolution and the manner in which it was submitted and by whom it was submitted, is another populist attempt by the ruling coalition to do one thing in the Parliamentary Assembly of Bosnia and Herzegovina and behave differently in the executive structures of this country.
– I believe that this is a proposal that, according to us from the opposition, is very two-faced, hypocritical, that it is not credible enough, because it is proposed by a part of the parliamentary majority that has enabled its coalition partner to behave exactly the opposite of what you are asking for in this document – opinions is Borenović.
According to him, the key question is what the government is doing, “what is the Council of Ministers of BiH in which you participate, what is the Ministry of Justice, the Ministry of Human Rights in which your representatives are also doing, what has prevented this from happening and what is being discussed in the NSRS, amendments and additions to the Criminal Code of the RS, which criminalizes defamation and insult and significantly enters a sphere that is inadmissible – limiting freedom of speech, opinion, expression of one’s views”.
MP Sanja Vulić (SNSD) said that the proposed resolution is not in accordance with the Rules of Procedure of the House of Representatives of the PSBiH, bearing in mind that it clearly states that the resolution expresses its position on relevant political issues and establishes guidelines that will be implemented by the Presidency, the Council of Ministers and other institutions in BiH.
– The National Assembly of the RS is not in BiH, it is not a joint institution, but it is a legislative body at the level of the RS entities. Therefore, I see no basis for interfering in decision-making at the RS level – said Vulić.
The Speaker of the House of Representatives, Denis Zvizdić, responded to her discussion, saying that there are no common institutions, but only the institutions of the state of Bosnia and Herzegovina.
– You continue to use the anti-constitutional phrase and violate the decisions of the Constitutional Court of Bosnia and Herzegovina. Violation of the decisions of the Constitutional Court of Bosnia and Herzegovina, which banned the use of the phrase ‘joint institution’, is a criminal offense – Zvizdić pointed out.
After the discussion, the MPs voted on the proposed resolution.
20 MPs voted in favor, 12 were against, while four MPs abstained, which means that there is a general but not an entity majority, so the MPs will decide on it in the second round of voting.
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