Pwds in the Burgeoning Bosnian Bureaucracy

16 Feb

On my first day at LSN BiH, I asked Plamenko to identify the biggest challenge that persons with disabilities (PWDs) experience. He stressed that it was in the employment sector where they are often discriminated against. In our conversation, I learned of one stunning example that shows how the Bosnian legal framework clearly discriminates against PWDs.

Plamenko noted that a PWD’s treatment depends on whether they were disabled due to engagement in the army during the war, or whether they are a civilian victim of war. The war disabled are defined as persons who have a 20% disability. PWDs among civilian victims of war are those who have a 60% disability. Furthermore, depending upon which category a PWD is in, the total compensation package will differ. Disability allowances are always lower in the case of civilian victims of war.

LSN BiH has been active in trying to change these types of discriminatory laws through various initiatives and at all levels (local, national, regional, and international), and especially through their campaign to get Bosnia to sign and ratify the U.N. Convention on the Rights of Persons with Disabilities (CRPD).

The CRPD does not create new rights for the estimated 650 million people around the world with disabilities, but aims to ensure that the benefits of existing rights are fully extended and guaranteed. By ratifying the CPRD, countries like Bosnia can commit themselves to enact laws and other measures to improve disability rights, and to abolish legislation, customs and practices that discriminate against PWDs — such as the legislation that Plamenko told me about.

PWDs encounter many obstacles in becoming economically self-sufficient and gaining employment, particularly in a country like Bosnia where there is a staggering 40% unemployment rate. What complicates matters even more for PWDs is the degenerative government structure that divides Bosnia into the Federation of Bosnia Herzegovina (FBiH), Republika Srpska (RS), and the autonomous Brcko district in the north.

The FBiH is divided in 10 cantons (regional sub-districts) and each one is controlled by an independent government. This was a product of the 1996 Dayton Peace Accords. In 2005, the Brcko district in Northern Bosnia was created out of land from both the FBiH and RS. This district officially belongs to both, but is governed by neither, and it operates under a decentralized system of local government.

For many PWDs, their access to and the quality of health care will be different depending upon where they live. In addition, disability policies and practices are not integrated, they differ in implementation, or they may not implemented at all. Due to the fact that there is no single disability policy in BiH or in both entities, individual policies are conducted by different authorized bodies through the fields of pension and disability insurance, health protection, work, employment, disabled war veterans protection, protection of civil victims of war and social protection.

Unsurprisingly, there are different definitions of what a disability is and different legal thresholds to meet that requirement. I don’t know of any other country that has so many diverse laws on the same issue. LSN BiH and other NGOs that work in Bosnia must confront this lagging and fragmented bureaucracy. Sometimes, carrying out even minor tasks can be complicated and stalled in such a complex bureaucracy. Despite this situation, LSN BiH has achieved major accomplishments in improving the situation for PWDs.

LSN BiH’s Operations Manager and my supervisor, Muja.

Ramiz, the Advocacy Assistant – taking care of business and working overtime.

Sacira (pronounced Sha-chira), one of LSN BiH’s social workers.

Miralem, the senior database clerk.

At the LSN BiH breakfast/coffee/family table.

This year, one program priority for LSN BiH is to assist survivors in gaining economic opportunities. This is an important step in a survivor’s reintegration into society. LSN BiH has organized economic opportunity groups that consist of approximately 8 survivors who have entrepreneurship skills. They meet on a monthly basis for a period of 3 months and are sent out in the field, serving as LSN BiH’s outreach workers.

This kind of initiative teaches small business planning and marketing skills to disabled survivors. Workshops like these are crucial in giving them the tools and knowledge they need to be able to compete in Bosnia’s economy. Furthermore, most of the war survivors can transfer their skills and tools to other disabled war survivors once they are trained.

Nina, LSN BiH’s Economic Opportunity Officer.

When I told my neighbor about LSN BiH’s initiatives, including their outreach work in the employment opportunity sector, she quickly asserted that people without disabilities have a difficult time getting a job in Bosnia. The situation is already worse enough for them. Her comment and the way that she said it gave off this sense that PWDs stand out separately from the community, and that the needs of others come before the needs of PWDs. Unfortunately, this attitude towards PWDs is very typical in Bosnia and other parts of the world.

Laws and international conventions can be implemented and governments can state their intention to improve the situation for PWDS. However, there will never be real change until society changes the negative way in which they perceive PWD’s. This social transformation is a process. My work here at LSN BiH has made me realize the different ways in which I can contribute to the realization of this social change.

Next week, the outreach workers will arrive at the LSN BiH office for their training. Since one of the workers will be leaving his job, the office is throwing him a farewell party. Oh yeah. Party time at LSN!

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Posted Feb 16th, 2010

2 Comments

  • Sarah

    July 3, 2008

     

    Hi Antigona!
    Wow – thanks for the explanation of the problems PWDs face; it’s so sad, though. The legal definitions of health care and what constitutes health care were discussed quite frequently when I was working in DC – the single-payer system (if ever implemented) would have to define the minimum level of health care to which all Americans would be entitled (do spa treatments count as “health care”? etc). The knowledge you’ve learned in Bosnia will be so useful! I hope things are going well! Your colleagues all look very nice – do you spend most days in the office? Have fun, be safe & keep filling us in with what you’re learning:)
    Sarah

  • Antigona

    July 9, 2008

     

    Hi Sarah! Thank you for your post. It’s certainly interesting to see the issue of health care in a comparative perspective. If only Bosnia Herzegovina had the luxury to determine whether or not spa treatments count as “health care” under their legal definition…there are way too many bureaucratic nightmares around here.

    Lately I’ve been reading a great deal about health care systems in transition. After the war, Bosnia and Herzegovina’s health system fell under the sole jurisdiction of the Entity Level, in accordance with the Dayton Peace Plan. Each entity – the Federation of Bosnia and Herzegovina (FBiH), Republika Srpska (RS) and the Brcko District) had to issue their own legislation on healthcare and health insurance.

    In RS the health care system is centralized, whereas in the FBiH it is decentralized. In the latter case, the responsibility for health care administration and financing is shared between the FBiH and each of the ten cantons. In addition, since its creation in March 2000, the Brcko District is also responsible for organizing and financing its own health care system.

    This division of the health care system into 13 distinct administrative and financing units (the RS, 10 cantons in the FBiH, and the Brcko District) resulted in a very complex legal, administrative and financial organization. This kind of system also became burdened with increased management costs. Furthermore, it created an uneven territorial distribution of health facilities which hinders equitable access to health services.

    When the war ended, there was no smooth transitional period in which to develop the adequate skills and capacity to confront this difficult and complex decentralization process. Consequently, institutions continued or tried to continue to perform the same function as before the war (without reorganizing) even though there was a dramatic change in the administrative and governing structure of the country. You’ll read more about specific problems on my blog soon, especially those that implicate the work of LSN BiH.

    My colleagues are wonderful!! LSN BiH is the most developed network. The other LSN networks look to it as a model in many ways. I work at the office every day and I’ve enjoyed learning about the various laws in each entity and across the cantons in the FBiH. Thanks for following my blog Sarah! 🙂

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