Lawsuit by Sarajevo Open Centre Against Milorad Dodik: Basic Court in Banja Luka Finds Discrimination Against LGBTI Persons

We inform the public that a first-instance judgment has been issued in the case initiated by the Sarajevo Open Centre (SOC) in 2023 against Milorad Dodik for discriminatory statements against LGBTI persons.

The Basic Court in Banja Luka found that the defendant, through statements made in the media on several occasions in March 2023, committed discrimination on the grounds of sexual orientation, gender identity, and sex characteristics, resulting in the creation of a hostile and offensive environment. At the time, the President of Republika Srpska publicly made discriminatory statements against LGBTI persons both before and after the event that the BiH Pride March had planned to hold in Banja Luka. We recall that on March 18, 2023, hooligans attacked LGBTI activists in Banja Luka.

Among other things, Dodik stated: “All activists of that group should be banned from accessing schools to promote such things, such content should be removed from textbooks, and we should even try to see how to regulate it through networks, because the presence of such content is increasingly expanding, and I think it pollutes the public space, the social space, and I think it should be eliminated.”

He also stated: “I still remain against those people, or rather against what they promote. I have nothing against those people; they are free to practice whatever they want in their private lives—sue me, it’s no problem,” and “There are places, islands around the world where that is normal – feel free to go and live there.”

The Sarajevo Open Centre considers this judgment important because it confirms that public speech by politicians that calls for the exclusion and stigmatization of LGBTI persons is not acceptable and can have serious consequences.

“This judgment, although only first-instance, represents a symbolic but significant step forward and a reminder that no one should be above the law. The laws of this country should protect all its citizens, regardless of sexual orientation, gender identity, or any other personal characteristic,” said our Darko Pandurević.

“It is encouraging that the Basic Court in Banja Luka consistently applied the amendments to the Law on Prohibition of Discrimination of BiH and the European Convention on Human Rights. It is significant that courts in Bosnia and Herzegovina are increasingly clearly applying the principle that no politician, regardless of the office they hold, has an unlimited right to freedom of expression if such statements violate the right to equal treatment of LGBTI persons or any other minority or vulnerable social group or individual,” said Dženana Hadžiomerović, the lawyer representing the Sarajevo Open Centre in this case.

The judgment particularly emphasized that at the time of the disputed statements, the defendant held the highest executive office in Republika Srpska, and that, in line with the case law of the European Court of Human Rights, politicians and public officials are expected to demonstrate a higher level of responsibility in public speech, as their statements have significant social impact, may legitimize intolerance toward minority groups, and influence the behavior of other actors in society.

The judgment also states that the disputed statements contain elements of generalization of an entire social group, stigmatization, and delegitimization of their presence in the public space and society, and call for their institutional and social exclusion. As such, in both content and effect, they exceed the limits of a personal value judgment.

The Court prohibited Dodik from any further actions of the same or similar nature that violate or could violate the right to equal treatment of members of the LGBTI community.