"The development of the Justice Sector Reform Strategy was the critical step in bringing the BiH justice sector institutions together for the first time to agree a framework upon which to base improvements in the delivery of justice to BiH citizens. The strategy also helps BiH move closer to EU accession. The BiH MoJ is grateful to the UK Government and Atos Consulting for the assistance that was provided to the development of the JSRS and recognises the important contribution this has made to the BiH justice sector.”
Mr. Barisa Colak, Minister of Justice of BiH

In 2006 many key stakeholders in Bosnia and Herzegovina (BiH) would have told you that developing a national justice sector strategy was impossible – at least one that was based on all BiH’s justice sector institutions participating and reaching agreement. There were 13 ministries of justice alone to deal with, at state, entity and canton levels of government, as well as a range of other important justice sector institutions.
None of them had ever before come together to agree on anything at a national level, let alone an approach to justice reform. Yet despite the challenges of working in a post conflict and highly politicised country, the United Kingdom’s Conflict Prevention Pool (CPP)1 funded a project in July 2006 to develop a national justice sector plan. And despite the challenges, delays, and political disruptions, all of BiH’s justice sector institutions came together to endorse a national Justice Sector Reform Strategy (JSRS) in December 2008. Against many odds, the strategy was adopted by all parts of BiH governments in early 2009, and is now being implemented.

Business Challenge

• A large number of justice sector institutions
• The Bosnian justice sector is highly complex, reflecting the Dayton Peace Agreement2 power sharing agreement that ended the conflict in 1995. There are 13 ministries of justice representing different levels of government: the State of BiH; the entities (Republika Srpska and the Federation of Bosnia and Herzegovina); Brčko District and – within the Federation of BiH – 10 cantons. In addition there are also some other, key bodies: the Brčko District Judicial Commission and the High Judicial and Prosecutorial Council (HJPC). For a sector wide strategy to be successful, all of these institutions had to commit political will and resources.

Solution

• The approach to developing the JSRS was designed to address the many and varied challenges. The most critical issue was to create genuine ownership of the JSRS at political and institutional level. This meant facilitating consensus and building capacity at local levels.

Benefits

The many benefits associated with the JSRS include:

• A set of prioritised activities that will improve the delivery of justice to BiH citizens in a coordinated and harmonised way. These actions are diverse and range from improvements in justice administration through to more effective courts operation and improved standards in prisons
• For the first time BiH has a framework of reform that addresses the justice sector in a holistic way rather than relying on individual strategies that address the justice system in a piecemeal way
• The JSRS will harmonise laws across the country leading to equity in administration of justice for BiH citizens. Before the JSRS, the same crime could attract differing penalties depending upon where citizens lived
• An example of collaboration and sector wide working never seen previously in BiH
• A schedule of activities that allows prioritisation and funding decisions to be made holistically at the sector level, rather than by individual governments thus reducing waste and ensuring that funds are used where they are most needed
• The governance structure that was established to develop the JSRS, notably the steering board, which met at twice yearly ministerial conferences, has become a regular forum. This is the only sector in BiH that has a regular meeting which brings together ministers from across the governments in BiH. A significant achievement in a country where politics often prohibits joint working
• Enhanced communication and cooperation between various institutions and segments of the justice sector in BiH

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