BOSNIA HERZEGOVINA

Legal Framework 1 of 2


 

At National level
Parliamentary Assembly of Bosnia and Herzegovina (15th May 2008) passed the Framework Law on protection and rescue of people and material goods in cases of natural or other disasters in Bosnia and Herzegovina (LINK TO http://www.msb.gov.ba/onama/struktura/zastita_spasavanje/dokumenti/zakoni/default.aspx?id=6804&langTag=en-US).
The law defines protection and rescue of people and material goods in cases of natural or other disasters in Bosnia and Herzegovina (BH), execution of international obligations and cooperation in the area of protection and rescue, namely civil protection, as well as authorizations of the BH institutions and coordination of activities of BH institutions and bodies, entity Civil protection administrations and authorized civil protection body in Brcko District. The law prescribes the founding of the State Operation-Communication Centre and establishment of a Single Emergency Number 112.
The adoption of the Framework Law on Protection and Rescue in Bosnia and Herzegovina is critical for the whole structure of Protection and Rescue. It is worth observing that this law defines the roles of the Council of Ministers of Bosnia and Herzegovina, the Ministry of Security and the other ministries and administrative bodies involved in the planning and execution of Civil Protection activities, including protection and rescue. The law establishes the competences of the state level in the field of international obligations and international cooperation.
According to the law the State Operational Communication Centre for monitoring, early warning and emergency management is to be established. Furthermore, emergency management will be in the form of an emergency number 112.

At Ministerial level
The Law on ministries and other administrative bodies of Bosnia and Herzegovina, article 14, line 7 defines competencies for the Ministry of Security in the area of civil protection. (LINK: http://seekms.dppi.info/document/law-on-ministries-and-other-administrative-bodies-of-bosnia-and-herzegovina/).
The Law on Ministries and other Administrative Bodies in Bosnia and Herzegovina transferred some Civil Protection competences from entity to State level. Accordingly:

  • The Ministry of Security has responsibility over the execution of international obligations and cooperation, coordination, and revision/approval of the entities’ protection and rescue programmes and plans.
  • The Ministry of Transport and Communications has to define strategic planning in the areas of international and inter-entity communications, transport, infrastructure and information technologies.
  • The Ministry for Human Rights and Refugees is responsible for cooperation with the Red Cross Association, the International Red Cross Committee and humanitarian organisations.
  • The Ministry of Civil Affairs is responsible for minefield clearance activities.

The Law on Ministries and other Administrative Bodies in Bosnia and Herzegovina also defines the procedures for approval of military assistance to civilian authorities in case of disasters, according to the authorisations of the State Presidency.

Other relevant existing legislation includes:

  • The Law on Defence of Bosnia and Herzegovina, which states that the Presidency of BH via the Minister of Defence has the authority to engage military forces in case of disasters, upon a request from appropriate civilian bodies of Bosnia and Herzegovina.
  • The Law on Mine Clearance in Bosnia and Herzegovina, which regulates the organisational structure of mine clearance, and mine and unexploded-objects monitoring in the territory of Bosnia and Herzegovina. It also defines the bodies with competence for mine clearance, the rights and obligations of people who carry out mine clearance, and control of the execution of this law.
  • The Law on the Red Cross Association of Bosnia and Herzegovina (RCA-BH)93, which defines the role and the competences of the Red Cross in cases of disaster caused by natural hazards, epidemics or other emergencies. The RCA-BH has authority over energy supply, border control, transport of people and goods, as well as broadcast of information.

Inter-ministerial cross cutting coordination
The Law on Defence of Bosnia and Herzegovina, Article 4, civil–military cooperation and coordination between the Ministry of Security and the Ministry of Defence.

Law on Customs Policy of BiH (2004, 2006, 2008, 2010)