27 July 2022 was an important day for children born out of sexual violence during the war in Bosnia and Herzegovina (BiH). This was because the House of Representatives of the Parliamentary Assembly of BiH adopted a new draft of the Law on the Protection of Civil Victims of War in the Federation of Bosnia and Herzegovina which recognises these children as civil victims of war [in Bosnian].
There were between 35,000 and 50,000 women raped in BiH during the Yugoslav War in the 1990s. Some of these women had to bear and give birth to children. Through the Forgotten Children of War Association, these children fought for recognition of their existence, legal status, and for acknowledgement of the consequences that they bear because they were born as a result of wartime rape [in Bosnian]. These children are called ‘Bosnia’s invisible children’ or ‘forgotten children of Bosnian War’. They fight especially against the fact that they repeatedly have to explain to government officials the reason why ‘name of the father’ on their administrative forms is left empty [in Bosnian].
BEFORE THE ADOPTION OF THE NEW LAW
The government of Brčko District was the first to recognise the status of children that were born out of wartime rape in a way which gave symbolic reparation to these children. This was the first time that any government made this population visible. However, whilst the Brčko government recognised their victim status it did not grant them any rights as civil victims of war. The fight for legal and societal visibility of these children has been ongoing since 2018 when those affected bravely told their stories to the public [in Bosnian].
The Forgotten Children of War Association recognised the process of adoption of the new Law as an important step forward and stressed that the determination of ‘invisible children’ as civil victims of war in national legislation is symbolically important. However, it is also important in a legal sense because it allows the children to invoke rights that correspond to their needs in real life [in Bosnian].
The president of the Forgotten Children of War Association Ajna Jusić, viewed the proposed Law as positive, however, she stressed that there was no adequate consultation process with the possible future users of the Law. The Association called on the representatives of state institutions and political parties of BiH for continuous dialogue with them. Their suggestions offered resolutions that supported the purpose and efforts of the Government of the Federation of Bosnia and Herzegovina (FBiH) and that of the Parliamentary Assembly of the FBiH. Only with dialogue, will they be able to ensure that civilian victims receive the effective Law that they deserve [in Bosnian].
THE ADOPTION OF THE NEW LAW BY THE HOUSE OF REPRESENTATIVES OF THE FEDERATION OF BOSNIA AND HERZEGOVINA
The House of Representatives of the Parliamentary Assembly adopted the proposed draft of the Law for Protection of the Civil Victims of War in the Federation of Bosnia and Herzegovina on 27 July, where a new category of civil victims was established – a category of children that were born because of wartime rape [in Bosnian].
The Law was considered later by the House of Peoples of the Parliamentary Assembly of the FBiH. Following this, the Law was sent into a 45-day public debate. The president of the Forgotten Children of War Association, was satisfied with the decision of the House of Representatives to call for such a debate, as every law in the Federation of Bosnia and Herzegovina needs to be passed by both houses of the Parliamentary Assembly to be considered validly passed according to article 17 of the Constitution of Federation of Bosnia and Herzegovina. Their organisation, as well as others, then started lobbying and meeting with political parties, the Federal Ministry of Labour and Social Policy, and other similar organisations [in Bosnian].
THE CONTENT OF THE LAW
Amra Delić, one of the founders of the Forgotten Children of War Association, believed that the adoption of the new Law was a positive development. The recognition of BiH’s “invisible children” presents an important precedent in the international legal scene. Delić also stressed that it appears that the needs and vulnerability of children born out of wartime rape were neglected globally for a long time and that their rights were ignored or violated in the context of the United Nations Convention on the Rights of the Child.
Delić stated that recognition of the victim status is important because the acknowledgement of the children’s vulnerability means recognition of the negative life experience, stigmatisation, and discrimination that were part of their childhood. All these elements caused gradual suffering which was scientifically determined by research that Delić conducted between 2016 and 2017 among these children [in Bosnian].
Delić stressed that recognition of the status of the “Invisible Children” is the first significant step forward [in Bosnian]. The recognition is also in accordance with the decision of the International Criminal Court in the case of Bosco Ntaganda. The Court established that children born as a result of rape and sexual slavery are direct victims of these crimes and have the right to reparations.
With the adoption of new Law, the innocent and unjustly neglected children will finally be restored to dignity, they will be able to regain a sense of trust, protection, and belonging, and trace the path to recovery and post-traumatic growth by the establishment of institutional support [in Bosnian].
Tina is currently completing her master's thesis at the University of Ljubljana. She is participating in the Human Rights Nudge Project at the University of Copenhagen and is the coach of a team at the Helga Pedersen Moot Court Competition.