Bosnia and Herzegovina is a decentralized state, composed of two entities: the Federation of Bosnia and Herzegovina (FBiH) and Republika Srpska (RS). The BiH Federation is further decentralized, and subdivided in ten cantons, while the RS is more centralized and subdivided in 6 regions. In addition, the area of Brcko has a special status as a separate district.
The registration and activities of CSOs are regulated by the Law on Civic Associations and Foundations of the BiH and the Law on Civic Associations and Foundations of the Republika Srpska. In Republika Srpska, the work of associations and foundations was previously regulated with the 1990 Law on Legacies, Funds and Foundations and the Law on Associations of Citizens of the same year. The People’s Assembly of the RS adopted the Law on Associations and Foundations in September 2001.
The procedure for registration of citizen associations at the level of the state did not exist until the adoption of the Law on Associations and Foundations in 2001. This area was only regulated by entity laws, as the Constitution of BiH did not provide for state institutions to be competent to regulate the issue of NGOs. The law effectively defines civil society as a fairly restricted category comprising just citizens associations and foundations, which are, however, free to pursue a wide range of undetermined not‐for‐profit activities. Formally, trades unions and CSO umbrella organizations are able to register under the three laws on associations and foundations, but at the state level, these two categories are often not recognized. An amendment to the state‐level law in 2008 was enacted in order to clarify the situation, ease registration and simplify the registration process for all CSOs. However, both national‐level trades unions and umbrellas continue to be impeded in trying to gain recognition of the state‐level registration authority, i.e. the Ministry of Justice.
Due to the complex constitution of the state, registration and everyday operation of CSOs are complicated. CSOs can register at the state or only at the entity-level. Registration at the state level is possible regardless of the location of the organization. CSOs registered at the entity level can hinder activities in other entities, particularly if the CSO is involved in employing people in the other entity (owing to problems with different tax authorities). At the state level registration continues to be a frustratingly complicated, drawn‐out process, lacking transparency and redress against the occasional negative decision. Additionally, under the Laws on Associations and Foundations, public‐private partnership organizations cannot be registered as CSOs (allowed under another law, i.e. the Law on Institutions from 1995).
Due to the above problems in registration and late adoption of legal framework, 40% of local organizations were first registered in the period 2001-2004 (40%), compared to 43% international CSOs (43%) who were first registered in the period 1996-2000. Today, approximately 7,000 domestic associations, foundations and other organizations are registered in BiH. Out of these, one-half is assessed as active and only 229 organizations and associations are registered at the state level, while others are registered at the entity or local level. Most organizations focus their activities on a specific region or canton.