Gender Analysis 2019 Follow-Up Final Report.pdf

MONITORING AND EVALUATION SUPPORT ACTIVITY (MEASURE-BIH)

GENDER ANALYSIS FOR BOSNIA AND HERZEGOVINA: 2019

FOLLOW-UP

Final Report

August 2019

This document is made possible by the generous support of the American people through the United States Agency for International Development (USAID).

The contents are the responsibility of the authors and do not necessarily reflect the views of USAID or the United States Government.

| GENDER ANALYSIS FOR BiH: 2019 FOLLOW-UP USAID.GOV

MONITORING AND EVALUATION SUPPORT

ACTIVITY (MEASURE-BIH)

GENDER ANALYSIS FOR BOSNIA

AND HERZEGOVINA: 2019 FOLLOW-

UP

Final Report August 2019

Prepared under the USAID Bosnia and Herzegovina Monitoring and Evaluation Support Activity

(MEASURE-BiH), Contract Number AID-168-C-14-00003

Submitted to:

USAID/Bosnia Herzegovina, August 2019

Contractor:

IMPAQ International, LLC

LIST OF ABBREVIATIONS

ADS Automated Directives System of USAID

APOSO Agency for Pre-primary, Primary, and Secondary Education

BDBiH Brcko District

BiH PA Bosnia and Herzegovina Parliamentary Assembly

BiH Bosnia and Herzegovina

CDCS Country Development Cooperation Strategy

CEC Central Election Commission

CEDAW Convention on the Elimination of All Forms of Discrimination against Women

CoE Council of Europe

CoM Council of Ministers

COP Chief of Party

COR Contracting Officer’s Representative

CRSV Conflict-Related Sexual Violence

CSO Civil Society Organizations

CSO Civil Society Organization

DV Domestic Violence

ENABLE-BiH USAID/BiH Enhancing and Advancing Basic Learning and Education Activity

EU European Union

FBiH GC Gender Center of FBiH

FBiH Federation of Bosnia and Herzegovina

FIGAP Financial instrument for implementation of the Gender Action Plan of BiH

FINDEX Financial Inclusion Index

GAP Gender Action Plan of BiH

GBV Gender-Based Violence

GE Gender Equality

GEA BiH Gender Equality Agency

GEC Gender Equality Committee

GoBiH Government of Bosnia and Herzegovina

GRB Gender responsive budgeting

HoP House of Peoples

HoR House of Representatives

ILO International Labor Organization

IMPAQ IMPAQ International LLC

IP Implementing Partner

IPU Inter-Parliamentary Union

IRI International Republican Institute

KII Key Informant Interview

LFS Labor Force Survey

LGBTIQ Lesbian, Gay, Bisexual, Transgender, Intersex, Queer

LoGE Law on Gender Equality

MEASURE-BiH Monitoring and Evaluation Support Activity in BiH

NATO North-Atlantic Treaty Organization

NDI National Democratic Institute

NGO Non-governmental Organization

NSCP-BiH National Survey of Citizens’ Perceptions in BiH

NYS National Youth Survey

OG Official Gazette

RIA Regulatory Impact Assessment

RS Republika Srpska

RS GC Gender Center of RS

RSNA RS National Assembly

STEM Science, Technology, Engineering, and Mathematics

TIP Trafficking in Persons

UN United Nations

UN Women United Nations for Women

UNDP United Nations Development Program

UNICEF United Nations Children’s Fund

USAID United States Agency for International Development

USAID/BiH United States Agency for International Development Mission in Bosnia and Herzegovina

WB World Bank

WHAM USAID/BiH Workforce and Higher Access to Markets Activity

WHO World Health Organization

CONTENTS

EXECUTIVE SUMMARY I

INTRODUCTION 1

I. GENERAL SETTING 8

I. POLITICAL LIFE 11

II. JUSTICE, VIOLENCE, SECURITY 29

III. EDUCATION 45

IV. ECONOMY 56

APPENDICES 74

LIST OF FIGURES

Exhibit 1. “Men make better political leaders than women and should be elected in preference to women”

Exhibit 2. Voters’ primary reason for not voting for a female candidate in the 2016 Local Elections

Exhibit 3: The perception on media portraying of men and women

Exhibit 4. Perpetrators of violence against women in politics

Exhibit 5: Percentage of women elected to state and entity parliaments in 2014 and 2018

Exhibit 6. Managerial positions in BiH media

Exhibit 7. “A woman should tolerate gender/domestic violence in order to keep her family together” .. 36

Exhibit 8. Judicial staff and leadership at higher and lower level judicial institutions

Exhibit 9. DV cases reported to police and by police in RS and FBiH

Exhibit 10. Enrolled students in the pre-school, primary, and secondary school institutions

Exhibit 11. Enrolled students per level of education (academic years 2015/2016 and 2017/2018)

Exhibit 12. Students in secondary education per field of study (school years 2015/16 and 2017/18)

Exhibit 13. Percentage of women enrolled at universities per field of study

Exhibit 14. Gap in attractiveness of occupations to young men and women in percentage points

Exhibit 15. “When jobs are scarce, men should have more right to a job than women”

Exhibit 16. Percentages of men and women with liberal attitudes in different age groups in RS (%)

Exhibit 17. Structure of the working age population in BiH

Exhibit 18. Time spent on housework and care for others by age groups

Exhibit 19. Employed by sections of economic activity (000 and %)

Exhibit 20. Employed by education levels and status in employment

Exhibit 21. Financial inclusion indicators

Exhibit 22. Ownership and management roles in the BiH micro, small, and medium-sized enterprises ... 68

LIST OF TABLES

Table 1. NSCP-BiH 2018 and NYS 2018 Sample Size and Distribution across Sexes

Table 2. Data Analysis Plan and Structure

Table 3: Statistical overview of changes in gender gaps since 2015/2016

Table 4. Municipalities in BiH with female mayors, last two election terms

Table 5. Percentage of women elected to cantonal assemblies in 2014 and 2018

Table 6. Female representation in BiH state ministries

Table 7. Processing of DV cases in courts in BiH in accordance with entity Criminal Codes

Table 8: Persons completing MSc/MA and Ph.D. studies in 2007, 2015, and 2018 by sex

Table 9. Preschool institutions and children enrolled in them 2015/16 and 2017/18 file:///C:/Users/Maja%20Barisic/OneDrive/Documents/Work%20-%20current/MEASURE/Gender%20Analysis%202019/Draft%20report/GA%202019%20Follow-Up_1st_Draft_Report_15_8_2019_AK-1_MB1.docx%23_Toc17051721 file:///C:/Users/Maja%20Barisic/OneDrive/Documents/Work%20-%20current/MEASURE/Gender%20Analysis%202019/Draft%20report/GA%202019%20Follow-Up_1st_Draft_Report_15_8_2019_AK-1_MB1.docx%23_Toc17051723

ACKNOWLEDGMENTS

Guided by the Automated Directives System on Integrating Gender Equality and Female Empowerment in U.S. Agency for International Development (USAID) Program Cycle (ADS Chapter 205), USAID Bosnia and Herzegovina (USAID/BiH) commissioned IMPAQ International LLC (IMPAQ), through USAID/BiH

Monitoring and Evaluation Support Activity (MEASURE-BiH) to conduct gender analysis for Bosnia and

Herzegovina. The purpose of the Gender Analysis for BiH: 2019 Follow-Up is to inform the development of

USAID’s upcoming 5-year Country Development Cooperation Strategy (CDCS) for BiH and achieve better gender outcomes by following up on the findings and recommendations highlighted in the 2016

Gender Analysis Report for BiH.1

The MEASURE-BiH team, which worked on this analysis and prepared this report, includes: Maja Barisic, External Gender Expert and Analysis Co-Lead, Anela Kadic Abaz, Analysis Co-Lead and MEASURE-BiH

Research Analyst, and Sanel Huskic, Analysis Team Member and MEASURE-BiH Research Analyst.

The authors would like to thank those who have contributed to the design and implementation of this analysis. At USAID/BiH, Elma Bukvic Jusic, MEASURE-BiH Contracting Officer’s Representative (COR), has been instrumental in the design of the analysis. The authors also wish to thank Davorin Pavelic, MEASURE-BiH Chief of Party (COP), and Amy Kracker Selzer, MEASURE-BiH Project Director and

Managing Director at IMPAQ International, for providing their technical guidance and advice throughout the process of preparing the report. These organizations and individuals have contributed tremendously to this report, but any remaining errors are the responsibility of the authors solely.

1 In 2016, USAID/BiH commissioned MEASURE-BiH to conduct the gender analysis for BiH. Analysis findings and recommendations are publicly available at http://measurebih.com/gender-analysis-report-for-bosnia-and-herzegovina.

http://measurebih.com/gender-analysis-report-for-bosnia-and-herzegovina http://measurebih.com/gender-analysis-report-for-bosnia-and-herzegovina i | GENDER ANALYSIS FOR BiH: 2019 FOLLOW-UP USAID.GOV

EXECUTIVE SUMMARY

This Gender Analysis 2019 Follow-Up was conducted to inform the development of the upcoming 5-year

USAID/BiH’s Country Development Cooperation Strategy (CDCS). The analysis was completed between

June and August 2019. All findings, conclusions, and recommendations highlighted in this report reflect data available up to this period. The focus of the analysis was to follow-up and update the findings of the

2016 Gender Analysis. As a result, in most cases, 2016 was used as the baseline year when making comparisons and detecting changes in the state of gender equality in the BiH society.

The analyses in this report are guided by the analysis questions developed for the 2016 report.

Summary of key conclusions, by analysis question

Analysis question 1: Have explicit or implicit gender biases identified in laws, policies, regulations and/or institutional practices through the 2016 Gender Analysis for BiH been eliminated? Which laws, policies, regulations and institutional practices require further gender mainstreaming, update, revision, elaboration, or adaptation to strengthen the country framework that governs the treatment of sectors in the CDCS?

Our findings revealed no direct discrimination against women in legislation, but direct discrimination against same-sex couples and LGBTIQ persons persists, while Roma women and girls continue to face indirect discrimination, prejudice, and violence on multiple grounds, similar to the 2016 analysis. Most laws and bylaws, as well as political party policies, remain gender-blind, especially at the state level. The Law on

Gender Equality stipulates that all public bodies in all levels of government will ensure a minimum 40 percent representation of men and women, but this provision is not applied to executive government appointments, and women’s representation in parliaments is also below that requirement. At the same time, women’s positions within political parties rarely ensure influence over important decisions, including appointments, within political parties.

Beyond regulations of numerical representation, more substantive changes are still not a common institutional practice for most state and entity institutions, particularly not at cantonal and municipal levels.

In particular, there are relatively few gender reviews, gender impact assessments, and introduction of sound methodologies for data collection. These issues affect the reporting about gender equality obligations of the country and its administrative units towards convention bodies, and the problems extend to other human rights issues. Furthermore, political tensions between the state and entity institutions also affect the quality of cooperation between gender equality institutions. Country reports on implementation of gender equality standards often include incomparable and unharmonized inputs of entity institutions, while policies reflect diverging priorities and approaches, as well as unequal access to rights based on residency. The most notable differences occur in those areas where the entities have sole competencies, such as protection from domestic violence. These differences imply system adaptation to particularities in administrative units, but a common framework for priorities and reporting should exist on a country level.

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Despite the absence of a unified and endorsed country-level policy against gender-based violence (GBV), there was significant progress in legal protection from gender-based violence and discrimination since

2016. This was particularly so in the RS, where women’s shelters are funded more reliably than in the

FBiH and the draft amendments of the Law on Protection from Domestic Violence would end the earlier practice of having the option to prosecute domestic violence as either a misdemeanor or a criminal act.

Criminal charges will be the only option once these amendments are adopted. The Brcko District of BiH adopted a similar law in 2018. Nevertheless, some forms of gender-based violence, such as online psychological violence, have yet to be integrated in the criminal codes.

Although education policies formally enable equal access to education for boys and girls, textbooks continue to promote gender bias, as evidenced in earlier gender analyses of textbooks by the civil society.

Education authorities however do not conduct gender analyses of textbooks or education policies in general, while interviews confirm that this is necessary. Some of the key state level policies on education have not been sent for gender review.

While labor-related legislation is sound, key gender gaps remain in its implementation and in ensuring legal protection from gender-based discrimination and violence. Beyond progress achieved until 2016, there were only a few meaningful gender mainstreaming initiatives, such as in development planning, while the ministries of finance and other fiscal authorities remained less gender-responsive. Through USAID support, ministries of finance started applying static micro-simulation modeling in estimating impacts of current personal income taxes and social security contributions or changes to these policies. These models provide an important opportunity to advance gender-responsive budgeting on the revenue side through impact assessment of tax reforms on men and women, and on subgroups of these broad categories. However, earlier investments in gender-responsive budgeting have been short-termed and unsustainable due to staff turnover and absence of institutional commitment to gender responsive budgeting.

Analysis question 2. Have any major changes occurred in the overall situation with regard to:

a. cultural norms and beliefs that influence the behavior of men and women;

b. allocation of time between market and non-market activities; and

c. access to and control over key resources and services in the CDCS sectors, when compared to the findings of the 2016 Gender Analysis?

a. In political life, women politicians are still few and face manifold constraints, including gender-based stereotyping and GBV. Media often portray men and women in a gender-stereotypical manner and sustain socially detrimental views of gender. Gender bias in media reporting is especially present during election campaigns, when female politicians are confronted with a lack of media attention and visibility. Highly conservative views of violence as an exclusively family matter have spread since 2015, although such views are, on average, more widely held by inhabitants of depopulated, remote areas and older generations than in urban areas and by younger generations. In education, the changed cultural norms among young women will soon be at odds with the gender-biased educational content. Women’s paid economic activities are seen as less important than their domestic role in the economy of care, and second to men’s paid iii | GENDER ANALYSIS FOR BiH: 2019 FOLLOW-UP USAID.GOV economic activities, by an increasing percentage of the population. There is a strong liberalization push among younger women against such attitudes, which may contribute to increased domestic conflict because younger generations of men are not following in these liberalization trends.

b. Women on average still work longer hours than men in housework and caring for children and elderly, even if they are employed. At the same time, women’s lesser involvement in paid economic activities remains the most important gender gap in the BiH labor market. Women’s activity rates have even slightly decreased since the previous gender analysis – two in three women of working age continue to be inactive in the labor market. Government authorities have not undertaken significant efforts to increase availability of childcare services across the country or to offer tailored re-education for women who have been out of the labor market for a longer period of time. The locked potential of women’s economic engagement takes place against the backdrop of shrinking working age population, including the labor force in BiH, due to emigration of youth, skilled workers, and their entire families.

c. In terms of control over key resources, women own or co-own only around a third of property in BiH, although there is a modest improvement in property ownership compared to the previous gender analysis.

Women tend to underestimate their own contribution to the family budget because of the gender pay gap, lower access to paid employment, and low ownership and control of property. However, financial inclusion indicators for women are improving, and data suggests that more women than men have bank savings. Savings do not equate to investment, however, and there is little information on savings levels or saving strategies.

In terms of access to services, progress has been achieved in the availability and quality of services for survivors of gender-based violence in some parts of the country since 2016, while the availability of quality services is still unsatisfactory in Herzegovina (FBiH and RS). Furthermore, women survivors of gender-based and conflict-related sexual violence have better access to free legal aid, while legal remedies, restitution, social and healthcare services are improving for survivors of conflict-related sexual violence, albeit at a very slow pace. While access to any government services is extremely limited for Roma women and girls, it is particularly difficult for the members of this group who are victims of GBV to get any institutional support. Reporting of domestic violence to the police remained at the same level since 2015, while the police in the FBiH and the judiciary in both entities became less efficient in processing domestic violence cases.

Childcare services are still extremely scarce, although a higher number of children were enrolled in pre-school education services in 2018 than in 2015, and the increase is particularly pronounced for children 3 years of age and younger. The gender gap between men and women enrolled in the higher-education institutions has not changed significantly since the 2015/2016 academic year. Women constitute the majority of students enrolled in undergraduate and master studies, while men are more numerous than women at the level of doctoral studies. The gender gaps in the number of students earning masters’ and doctoral degrees are shifting in favor of increased representation of women. Gender differences persist in the young people’s choice of fields of study, although some improvements are noted, particularly in the

Science, Technology, Engineering, and Mathematics area, although even here, women tend to pursue lower-paid professions, such as digital marketing, in lieu of more lucrative areas such as programming or robotics.

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Analysis question 3. What is the balance of current representation of men and women in senior level decision-making positions and to what extent are their voices heard in decisions made by public, private, and civil society organizations (CSOs)? Have there been any improvements in this regard since 2016?

Women’s representation in the FBiH Parliament and cantonal assemblies in the FBiH increased as a result of the 2018 General Elections and the amendments to the Election Law that preceded it, but slightly decreased in the state and RS legislatures. The number of women in the new RS Cabinet increased, and the governments at the state and FBiH level have not yet been formed. Even though women constitute the majority of civil servants and public employees, they remain underrepresented in the public sector managerial posts at all levels.

In justice and security, women outnumber men in staff positions, but they are underrepresented in management posts in the entity- and state-level judicial institutions, and severely underrepresented in the ranks of police officers and inspectors.

Even though there is a gender balance in the number of employees in the media overall, managerial positions, namely director and editor-in-chief jobs, are predominantly held by men. In civil society, however, women are decidedly more numerous than men.

Education is another profession in which women are overrepresented, but men are in the majority of leadership positions in educational institutions.

Analysis question 4. Which interventions by USAID/BiH and other agencies can help address gendered differences and gender mainstreaming needs across the CDCS sectors?

Progress achieved by the property ownership registries and with microsimulation modeling by fiscal authorities offers important opportunities for advancement of gender-responsive governance and budgeting, but more attention is necessary, because some past successes have not been sustained. There is a need to build long-term commitment to gender responsive governance in key financial institutions.

Capacity-building and coordination on gender-based violence cases between referral mechanisms and women’s shelters receive extensive support of a number of agencies, but there are gaps in protection, support and awareness-raising which are not being efficiently addressed, including:

institutional response to gender-based violence, discrimination, and trafficking of Roma women and girls, greater involvement of the Ombudsperson for Human Rights as the missing link in addressing unsatisfactory response of referral mechanisms to gender-based violence, discrimination, and trafficking, strengthening the evidence base on gender-based violence and exploring the links between general levels of violence in the country and various forms of gender-based violence.

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Gender-transformative approaches to prevention of violence through education are already applied in some parts of the country. Results suggest that such approaches should be institutionalized against the backdrop of anti-gender backlash, which threatens to deteriorate the levels of awareness achieved to date.

Notably, the first steps in addressing gender bias in textbooks and gender-insensitive textbook policies had been made long ago, but the institutional follow-up has been lacking.

Summary of recommendations

Recommendation 1 (USAID): Consider supporting further implementation of existing gender equality laws and policies, and especially gender mainstreaming in the laws, by-laws, and other legally binding instruments, including affirmative measures that foster gender equality; consider promoting USAID gender integration directives in development assistance to BiH, and stipulate similar standards for USAID implementing partners.

Recommendation 2 (USAID): In supporting political parties, consider focusing on democratization and formalization of decision-making processes and awareness-raising about gender equality among male party members and in particular party leadership.

Recommendation 3 (international agencies): Consider promoting gender equality as a principle in appointments in the executive branch, supporting gender-equality advocates in institutions such as parliaments, and providing assistance to the formal parliamentary bodies for gender equality.

Recommendation 4 (FBiH, BD BiH): Consider regulating the setting up and funding of women’s shelters at a more substantive and stable level, as well as defining the minimum standards for different types of service providers, from government-run institutions to non-governmental and religious organizations, and even businesses, which need to be able to maintain their independence.

Recommendation 5 (USAID): Consider supporting development of a coherent methodology of collection, disaggregation, and publishing of data on gender-based violence and discrimination for all levels of government, starting from improving, integrating, and providing access in one place to the relevant data from the judiciary and other institutions.

Recommendation 6 (USAID): Consider supporting research about the prevalence of GBV among

Roma women, as well as analyses of obstacles in access to services which Roma face, and support promotion of the role of the Ombudsperson for Human Rights in addressing inadequate response of referral mechanisms.

Recommendation 7 (USAID): Consider promoting more lucrative professions in STEM for girls, addressing boys’ higher drop-out rates, and spreading the coverage of the Healthy Lifestyles school subject through supported education interventions.

Recommendation 8 (USAID): Support gender analysis of textbooks and textbook policies in both entities and implementation of measures to eliminate bias, prejudice, and stereotypes and promote equal rights.

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Recommendation 9 (USAID): Support interventions that seek to build capacity of teaching staff to understand and internalize the gender equality perspective in order to provide sound foundations for mainstreaming gender equality in education.

Recommendation 10 (USAID): Develop a coherent set of longer-term activities to improve implementation of labor regulation, increase women’s activity rates, and decrease discrimination in the labor market.

Recommendation 11 (USAID): In any future public finance support program, integrate gender-responsive budgeting capacity building, especially on the public revenue side of budgets, as well as for gender impact assessments of economic policies in general. Empower local public finance experts, civil society, media, and political parties to advocate gender-responsive governance in finance, development, and economic reforms. Consider supporting integration of gender-responsive budgeting tools and techniques in civil service trainings and education curricula.

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INTRODUCTION

Background and purpose of the analysis

The United States Agency for International Development (USAID) recognizes gender equality and female empowerment as “core development objectives, fundamental for the realization of human rights, and key to effective and sustainable development outcomes.”2 As specified in the Automated Directives System on Integrating Gender Equality and Female Empowerment in USAID’s Program Cycle (ADS Chapter 205), fostering gender equality and empowerment of women and girls is essential in achieving U.S. foreign policy and development objectives.

Currently, USAID/BiH is developing a new 5-year Country Development Cooperation Strategy (CDCS).

Following the instructions from the ADS 205, USAID/BiH tasked MEASURE-BiH to conduct Gender

Analysis for BiH: 2019 Follow-Up. The main purpose of this analysis is to inform the development of USAID’s upcoming 5-year CDCS for BiH and achieve better gender outcomes by following up on findings and recommendations highlighted in the 2016 Gender Analysis Report for BiH. In particular, we will answer the analysis questions using the data available in 2019, and compare results to the 2016 analysis findings. We will quantify the changes over that period, and assess those changes in light of the 2016 recommendations.

Summary of findings from the 2016 BiH Gender Analysis Report

The Gender Analysis, conducted by MEASURE-BiH in 2016, revealed marginalization of women and girls in the BiH society. According to the Report, traditional norms play a significant role in BiH political, economic, and social life. Moreover, the Report highlights that the education system plays an overarching role in reinforcing traditional gender roles and stereotypes. Women are considered weak, emotional, and dependent on men, while men are viewed as strong, decisive, and better political leaders. These stereotypes lead to lower labor market participation and engagement in politics among women.

The results of the Gender Analysis conducted in 2016 revealed that two-thirds of inactive persons on the

BiH labor market were women. The reasons for low activity status of women as well as for their high unemployment include: “losing a job or not being treated equally in recruitment due to their role as mothers; lower compensation compared to men for the same work; cultural coding of women to take less demanding jobs, work half-time and choose occupations which are considered typically female, and lower paid.” These apply even though, according to 2016 data, there were more women than men (20.7 percent vs. 12.3 percent) with higher education on the labor market.

As the findings of the 2016 Analysis suggest, Roma women face an alarming state of discrimination. Both their political representation and their economic security are very low. According to the study conducted

2 USAID. “Gender Equality and Women’s Empowerment Policy.” USAID, 2011. Available at:

https://www.usaid.gov/sites/default/files/documents/1865/GenderEqualityPolicy_0.pdf.

https://www.usaid.gov/sites/default/files/documents/1865/GenderEqualityPolicy_0.pdf

2 | GENDER ANALYSIS FOR BiH: 2019 FOLLOW-UP USAID.GOV by the Rights for All Association in 2010, less than half of the Roma women’s population attained any formal education.3 Most of them also had no access to healthcare or social protection.4

The analysis confirmed that education choices impact women’s and men’s future earnings, but also that gender norms strongly influence their field of study preferences. For example, in the 2013/2014 academic year, more women than men were enrolled in studying pharmacy, pedagogy, philosophy, and medicine.

These are, consequently perceived as more feminine professions. On the contrary, more men than women chose to study ICT, mechanical engineering, electrical engineering, and security studies. However, the analysis highlighted a positive trend in women’s enrollment in study fields historically dominated by men.

Overall, more women than men were enrolled in university education in 2014. However, males were significantly more likely than females to complete their PhD degree (55 percent vs. 45 percent).

Representation of women and men is more balanced in the judiciary than in the legislative or executive government institutions. Consequently, women continue to be excluded from participation in high-level political reforms and decision-making. Nevertheless, the 2016 analysis found that, when in positions of power, both women and men were likely to engage in some form of unethical behavior, mostly related to bribery and corruption.

In the 2015 wave of the National Survey of Citizens’ Perceptions (NSCP-BiH) conducted on a random sample of BiH adults, men reported interest in politics more frequently than did women (40 percent vs.

30 percent). However, a balanced gender representation in the electoral process is required by law. The

BiH Election Law5 requires the candidates list for any party contesting the elections to consist of at least

40% from the under-represented sex. Nevertheless, women’s actual representation at all levels of governance has not increased as a result of this candidate quota. The 2016 analysis noted that training of women candidates in campaigning and communication skills had not been effective. Moreover, both women and men politicians find communicating with voter population on raising women’s issues as counter-productive for winning support in the elections.

According to the first prevalence study, half of all women report having been exposed to some form of

GBV at or after the age of 15, while administrative data record only a small share of those experiences since most cases go unreported. Reported cases of GBV involve bodily harm more than other forms of violence, although this may partially reflect a lack of recognition among women survivors about other forms of GBV. For example, women often do not recognize that non-consensual sexual intercourse in marriage constitutes sexual violence. Reported GBV was unacceptably high among all categories of women, including women with disabilities. More women living in rural areas experience GBV (49%, vs.

44% among urban-dwelling women). The BiH Progress Report published by the European Commission in

2015 stressed that there was “no comprehensive state-level legal framework on sexual assault and rape, 3 Prava za Sve. (2011). Roma Women for Life without Violence - Response of Institutions to Domestic Violence, Sarajevo:

Rights for All. Available at: http://rightsforall.ba/publikacije-en/docs-en/Roma_Women_For_Life_Without_Violence-

ENG.pdf 4 CEDAW Committee. (2013). Concluding Observations on the Fourth and Fifth Periodic Reports of BiH, New

York: United Nations, CEDAW/C/BIH/CO/4-5 of July 30, 2013 5 Official Gazette (OG) of BiH, no. 23/01, 18/13, and 31/16 http://rightsforall.ba/publikacije-en/docs-en/Roma_Women_For_Life_Without_Violence-ENG.pdf http://rightsforall.ba/publikacije-en/docs-en/Roma_Women_For_Life_Without_Violence-ENG.pdf

3 | GENDER ANALYSIS FOR BiH: 2019 FOLLOW-UP USAID.GOV and no appropriate compensation mechanism in place for victims.”6 The 2016 analysis also noted that education about GBV and other forms of violence was not integrated into the education system, and that what education did exist was not institutionalized or transformative enough. Furthermore, safe houses, intended as shelters for the victims of domestic violence, continue to face funding shortages, which led to the closure of two of the nine safe houses in the country. Finally, we found in our analysis that working with perpetrators of GBV still was not a standard practice in BiH.

The 2016 Analysis concluded that, as regards gender-based and conflict-related sexual violence, levels of protection were not synchronized and were inadequately applied by judges and prosecutors. Inadequate law enforcement in the area of human trafficking is another troubling gender-related topic in BiH.

Analysis questions for the 2019 BiH Gender Analysis Report

This gender analysis follow-up aims to update the 2016 analysis, identify potential new developments and challenges, identify macro or sectoral level gender inequalities or obstacles to female empowerment, and form a basis for recommendations for integrating gender equality into future Mission programming, including:

CDCS Goal, Development Objectives (DOs), and

Intermediate Results (IRs) and/or sub-Intermediate Results.

We approached these objectives through four broad research questions:

1. Have explicit or implicit gender biases identified in laws, policies, regulations and/or institutional practices through the 2016 Gender Analysis for BiH been eliminated? Which laws, policies, regulations and institutional practices require further gender mainstreaming update, revision, elaboration, or adaptation to strengthen the country framework that governs the treatment of sectors in the CDCS?

2. Have any major changes occurred in the overall picture of:

a. cultural norms and beliefs that influence the behavior of men and women;

b. allocation of time between market and non-market activities; and

c. access to and control over key resources and services in the CDCS sectors when compared to the findings of the 2016 Gender Analysis?

3. What is the balance of current representation of men and women in senior level decision-making positions and to what extent are their voices heard in decisions made by public, private, and civil society organizations (CSOs)? Have there been any improvements in this regard since 2016?

6 European Commission. (2015). BiH 2015 Progress Report - EU Enlargement Strategy, Brussels: available at:

http://ec.europa.eu/enlargement/pdf/key_documents/2015/20151110_report_bosnia_and_herzegovina.pdf http://ec.europa.eu/enlargement/pdf/key_documents/2015/20151110_report_bosnia_and_herzegovina.pdf

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4. Which interventions by USAID/BiH and other agencies can help address gendered differences and gender mainstreaming needs across the CDCS sectors?

Design, methodology, and data sources

MEASURE-BiH relied on a mix of qualitative and quantitative information for this investigation, which included:

1. desk research/comprehensive literature review;

2. semi-structured key informant interviews (KIIs);

3. an online mini survey with USAID/BiH Implementing Partners (IPs); and

4. statistical summaries of available relevant survey data.

We designed a mixed-methods approach, triangulating relevant information from each of these sources to achieve the most complete and balanced analysis of each research question, and to provide broad support for findings, conclusions, and recommendations.

Desk review and data update

The analysis team conducted a desk review of pertinent documents from the following general categories:

key statistics, studies and assessments by non-governmental organizations (NGOs), the

Government of BiH (GoBiH), and the academic community;

USAID documents, including gender-related analyses, sector assessments, and evaluations; and reports from other donor organizations.

The complete list of documents used for the desk review is provided in the Appendix I.

Key Informant Interviews (KIIs)

KIIs were used to gain the in-depth insights into the status of men and women in BiH throughout various fields of social life, including education, employment, judiciary, politics, reconciliation, and civic participation. The analysis team conducted 25 interviews with 32 key informants in total. The KIs were organized into the following groups:

Implementing Partners (IPs) of USAID Activities – 6 interviews

Relevant staff from international organizations, projects, or international NGOs – 7 interviews

Relevant staff from government institutions – 5 interviews

Activists and academics – 4 interviews

Female politicians – 3 interviews

The interview protocol used by the analysis team as a guideline to ensure objectivity, focus, consistency, and comparability of responses among different KIs is enclosed in the Appendix II. The complete list of interviewed organizations, institutions and persons is provided in the Appendix III. With permission of the

KIs, all interviews were recorded. The transcripts of the recorded interviews were used for qualitative analysis.

5 | GENDER ANALYSIS FOR BiH: 2019 FOLLOW-UP USAID.GOV

Online mini survey with USAID/BiH IPs

We designed an online mini survey to explore lessons learnt in gender integration in specific areas of

USAID/BiH Activities. The intention was not to assess how well the USAID/BiH Activities are meeting the requirements of the ADS 205. Rather, the survey was meant to highlight those gender gaps, which the

IPs observed in preparation or in implementation of the Activity, and the types of data on gender issues that they are in possession of or have a need for. The survey was administered online, through

SurveyMonkey. The analysis team collected responses from 9 IPs in total. Appendix IV provides an overview of the survey questions, while Appendix V contains a list of IPs that responded to the survey.

Statistical summaries of available relevant survey data

The analysis team recognized the pertinence of the data collected through National Survey of Citizens’

Perceptions (NSCP-BiH) and National Youth Survey (NYS) for the Analysis findings. The NSCP-BiH is an annual survey conducted by MEASURE-BiH since 2015. The survey provides data on BiH citizens’ views on various topics, including gender stereotypes and familiarity with legislation on gender equality.

In addition to NSCP-BiH, the analysis team also used data obtained through NYS. NYS was conducted by

MEASURE-BiH in 2018 in order to provide an overview of the state of youth in BiH, in particular their perceptions, attitudes, and experiences on a number of topics, including but not limited to: education, employment, inter-ethnic relations, political and civic participation, and migration intentions. Data obtained through both surveys, as well as the reports explaining in detail the surveys’ methodology, data collection process, and findings are published on the MEASURE-BiH’s website.

Table 1. NSCP-BiH 2018 and NYS 2018 Sample Size and Distribution across Sexes

Survey Total number of respondents Female respondents

NSCP-BiH 2018 3,024 47%

NYS 2018 4,500 48%

Data analysis

The analysis team used triangulation of different sources of information to provide a comprehensive picture of gender equality and female empowerment accomplishments, issues, and obstacles in BiH. The analysis was designed to allow comparability with the findings of the 2016 Gender Analysis. The following matrix presents the data that were employed in answering each of the key research questions.

6 | GENDER ANALYSIS FOR BiH: 2019 FOLLOW-UP USAID.GOV

Table 2. Data Analysis Plan and Structure

Research Question Data Source Methodology

1. Have explicit or implicit gender biases identified in laws, policies, regulations and/or institutional practices through Gender

Analysis for BiH in 2016 been eliminated?

Which laws, policies, regulations and institutional practices require further gender mainstreaming update, revision, elaboration, or adaptation to strengthen the country framework that governs the treatment of sectors in the CDCS?

1. Laws, policies, regulations, analyses and other pertinent documents

2. Semi-structured KIIs with GIs, CSOs/NGOs, and individual experts

3. Survey data (a survey of

USAID/BiH IPs)

Mixed method triangulation

2. Have any major changes occurred in the overall picture of:

a. cultural norms and beliefs that influence the behavior of men and women;

b. allocation of time between market and non-market activities; and

c. access to and control over key resources and services in the CDCS sectors when compared to the findings of the 2016

Gender Analysis?

1. Semi-structured KIIs with GIs, CSOs/NGOs, and individual experts

2. Survey data (survey of

USAID/BiH IPs and NSCP-BiH)

Mixed method triangulation

3. What is the balance of current representation of men and women in senior level decision-making positions and to what extent are their voices heard in decisions made by public, private, and civil society organizations (CSOs)? Are there any improvements in this regard since 2016?

1. Laws, policies, regulations, analyses and other pertinent documents

2. Semi-structured KIIs with GIs, CSOs/NGOs, and individual experts

3. Survey data (a survey of

USAID/BiH IPs)

Mixed method triangulation

4. Which interventions by USAID/BiH and other agencies can help address gendered differences and gender mainstreaming needs across the CDCS sectors?

1. Semi-structured KIIs with GIs, CSOs/NGOs, and individual experts

2. Survey data (a survey of

USAID/BiH IPs)

Mixed method triangulation

7 | GENDER ANALYSIS FOR BiH: 2019 FOLLOW-UP USAID.GOV

Structure of the report

The main body of the Report is organized into five sections, as follows:

1. General setting;

2. Political life (including governance, political parties, media, and civil society);

3. Security (including justice, violence, radicalization, and reconciliation);

4. Education (including non-discrimination in education and access to science, technology, engineering, and mathematics (STEM)); and

5. Economy (including labor market and labor rights, fiscal sector reform, and access to property).

Analysis findings and recommendations are disaggregated by the four sub-areas (Political Life, Security, Education, and Economy) and presented as separate chapters in the Report. Answers to the research questions are also provided separately for each sub-area. However, all thematic areas should be considered together to get a better insight into the gender equality and female empowerment situation in

BiH.

8 | GENDER ANALYSIS FOR BiH: 2019 FOLLOW-UP USAID.GOV

I. GENERAL SETTING

Gender equality in BiH is regulated by the BiH Law on Gender Equality7, while a number of other general and special laws contain important gender equality and women’s rights provisions, particularly the BiH

Law on Prohibition of Discrimination,8 and the Election Law of BiH, with its most recent amendments adopted in 2016.9 Additionally, the Laws on Protection from Domestic Violence of FBiH,10 RS,11 and Brcko

District of BiH12 regulate the area of domestic violence, while the Criminal Codes of the three administrative units and the state include provisions for legal protection from domestic violence (DV) and other forms of gender-based violence (GBV).

GBV is “any action that causes or may cause physical, mental, sexual or economic damage or suffering, as well as threat to such action which prevents a person or group of persons to enjoy their human rights and freedoms in public and private sphere of life.”13 It occurs most often in the family, but also in the wider community, during violent conflict, in public life and online, while it takes at least one of the four common forms: physical, sexual, economic, and psychological.

The key framework for advancements is provided in the Gender Action Plan of Bosnia and Herzegovina,14 which focuses primarily on the areas prioritized by the Committee on Elimination of All Forms of

Discrimination Against Women (CEDAW Committee). The country recently submitted its Sixth Periodic

Report to the CEDAW Committee, demonstrating progress in key areas. The country also has an Action

Plan for the implementation of UN Security Council Resolution (UNSCR) 1325 (2018-2022).15 The

Framework Strategy for Implementation of the Istanbul Convention (IC) expired in 2018.16 The entities also have action plans for protection from domestic violence. Furthermore, the Republika Srpska (RS), Brcko District of BiH (BD), cantons in the Federation of BiH (FBiH), as well as some municipalities and cities, have protocols on cooperation between referral mechanisms in DV cases. Such protocols describe the step-by-step process for most or all parts of the system relevant for reaction in specific DV cases.

In the executive branch, the BiH Gender Equality Agency (GEA) and the FBiH and RS Gender Centers

(GCs) are the key gender institutional mechanisms. Their mandates are similar, but highly dependent on the division of competences between the state and entity levels. Additionally, the FBiH GC is limited in its mandate because of the division of competences between the FBiH and its cantons. The GEA takes the lead in those areas regulated at state level, such as elections and political parties, defense, reporting to international committee bodies, and similar. The GCs take the lead in protection from DV in cooperation

7 OG BiH 16/03, 102/09, 32/10 8 OG BiH 59/09, 66/16 9 OG BiH 31/16 10 OG FBiH 20/13

11 OG RS 102/12. 108/13, 82/15

12 OG BD BiH 7/18 13 Law on Gender Equality, Art, 6, OG BiH 16/03, 102/09, 32/10

9 | GENDER ANALYSIS FOR BiH: 2019 FOLLOW-UP USAID.GOV with the other entity, cantonal, and municipal government structures, as well as in gender mainstreaming in the areas of education, labor, agriculture, internal affairs and similar fields. In the legislative branch, the most important gender institutional mechanisms are the Parliamentary Committee for Gender Equality at the BiH Parliamentary Assembly, Committees for Gender Equality/Equal Opportunity in the entity parliaments and the BD BiH Assembly, as well as the gender equality commissions in cantonal and municipal assemblies/councils.

In terms of institutional practices, the GEA and entity GCs are facing mounting challenges in mutual cooperation, as well as in cooperation with international partners. Cooperation between the GEA and the GCs has deteriorated since the 2016 Gender Analysis. This is evident in the lack of coherence in priorities and results in reporting to the international bodies, for example the Beijing +25 report – instead of a standardized and coherent report, the country document will rather be compiled of 3 different reports (the state and two entities). Further, the results of these three institutions in different areas are often not comparable, making it difficult to assess progress or approach some issues strategically. Their cooperation with international organizations is also hampered by the fact that the public budgetary procedures, and especially the treasury system in FBiH, are not suitable to project work, which most donors prefer nowadays.

Brief overview of the current state of gender equality in BiH

According to the Global Gender Gap Index produced by the World Economic Forum (WEF), there continues to be room for improvement in gender equity in BiH. With an overall Gender Gap Index score of 0.71, BiH is ranked 62nd out of 149 countries included in the WEF analysis. Of four indicators tracked by the Index, BiH ranks highest in gender equality on the educational attainment and health and survival sub-indices (scoring 0.98 on both). Economic participation and opportunity (0.60) and political empowerment (0.29) remain areas where there is the most room for improvement in gender equity in

BiH.17 According to USAID’s Journey to Self-Reliance FY 2020 Roadmap, which uses WEF data, BiH has a score of 0.56 on economic gender gap. This places the country below average among upper-middle income countries.18

Table 3 below provides an overview of gender gaps pertaining to the political, education, and economy sectors with comparison of 2015/2016 to 2018/2019 data. Red cells indicate that the gender gap widened since the 2016 gender analysis, while gray cells indicate a narrowing of the gap. In terms of relative numbers, women saw their biggest gain in the ranks of judicial officials (not including judges and prosecutors) at the entity and state levels, with 29% representation in 2019 versus only 13% in 2016. The next-best improvement in percentage terms was the share of seats won by women in the cantonal assemblies in the FBiH, where the female share of positions increased to 31% in 2019, versus only 19% in

17 World Economic Forum (WEF). Global Gender Gap Report 2018. Available at:

http://www3.weforum.org/docs/WEF_GGGR_2018.pdf.

18 United States Agency for International Development (USAID). The Journey to Self-Reliance: FY 2020 Country

Roadmap. Bosnia and Herzegovina (BiH). Available at:…