Ajna Jusić: This Year We Hope for Legal Recognition of the Status of Children Born as a Result of War

The legal recognition of children born as a consequence of war and the launch of an international advocacy network for their legal and social visibility are the main goals of the “Forgotten Children of War” Association for 2022.

Recognizing the status of children born from wartime rape through the new Draft Law on Civil War Victims of the Federation of Bosnia and Herzegovina, which is expected to enter parliamentary procedure soon, is one of the most important things that the “Forgotten Children of War” Association will focus on in the coming period.

Ajna Jusić, the president of this association, emphasizes that together with other organizations dedicated to protecting the rights of women who survived wartime rape, they are analyzing the current draft of the law and preparing their proposals for its improvement. She explains that the first step for children born as a result of wartime rape would be legal recognition of their existence, but it is also necessary to address the rights that come with it.

The minimum rights that children born as a result of war must have are the rights of civil war victims, such as personal and professional rehabilitation, housing, priority employment, and free state legal and psychological professional assistance. The middle level of rights means that we should be completely equal to children of martyrs and war veterans. The maximum level of rights we want is compensation for damages, or material reparations for children born due to war for the years of lost rights, Jusić explains.

The president of the “Forgotten Children of War” Association believes that Bosnian authorities should recognize the significance of a law that treats the status of children born from wartime rape, as such a law would be a precedent. Jusić explains that around the world, this category of children achieves their rights through individual lawsuits, but there is a lack of legal recognition of their status. She believes that once adopted, the law from Bosnia and Herzegovina, thanks to the efforts of their association, could serve as a model for children born due to war in other countries that have been or are currently affected by conflict.

The point of introducing children born as a result of wartime rape into the law is so that tomorrow, these children would no longer be born. We need to support the children who are here now, but this is also a warning that we must not allow this to happen again.

Establishing an International Advocacy Network for the Legal and Social Visibility of Children Born Due to War

At the end of last year, the “Forgotten Children of War” Association began discussions about creating an advocacy network that would fight and advocate for the rights of children born as a result of war on an international level. Some of the goals of this network include drawing attention to the global gap that currently exists in the protection of children born from sexual violence during war, encouraging action by states, international institutions, and civil society, as well as sharing experiences and conducting comparative analysis.

“This network, besides humanitarian law experts, would also involve children as international members. It’s very important to show how widespread this issue is. Wherever there is war, and wherever it has been, this problem exists. Through this network, we will try to advocate for bigger things on the UN level,” says Jusić, adding that the network will have an interdisciplinary approach, involving artists, lawyers, and human rights experts.

This year, the first meeting of the network is planned to take place in Sarajevo, where representatives of children born due to war from various countries, as well as representatives of Bosnian authorities and citizens, are expected to participate.

The “One Parent’s Name” Initiative Marked the Previous Year

During the past year, the “Forgotten Children of War” Association implemented numerous projects, events, meetings, educational and artistic programs aimed at advocating for the rights of children born as a result of war. One of the most significant activities covered by the media was the three-day conference “Visibility of Children Born as a Result of War,” which aimed to ensure the participation of women survivors and children born due to war in the creation of strategies and policies that concern them. Other activities worth mentioning include the “Hurme” initiative, the youth program “Living Monuments,” and the exhibition “We Speak Up.”

One of the most significant activities of 2021, which continues this year, is the “One Parent’s Name” initiative. This initiative arose due to the discrimination faced by children born from wartime rape when filling out documents that require the “father’s name” instead of “one parent’s and/or guardian’s name.”

In May of last year, the association sent this initiative to 73 addresses, including all municipalities in the Federation of Bosnia and Herzegovina, requesting this change in documents. Municipalities from the Sarajevo Canton, as well as Bihać, Konjic, and Tuzla, responded positively. Monitoring of this initiative is ongoing and will be completed this year.

We sent this initiative and very clearly stated that there are no legal, administrative, or any other obstacles to changing these forms, and that it doesn’t even require any financial support. The entire ‘One Parent’s Name’ initiative cost just one mark, which was used to print a few things along the way, says Jusić.

She explains that this initiative was important for children born as a result of wartime rape, but, on the other hand, it also highlighted the unequal treatment of single-parent families in Bosnia and Herzegovina.

Here, we pointed out the role of mothers, the role of women in this system, and how, in essence, they have become irrelevant,” says Jusić, adding that she is especially glad that citizens, on their own initiative, sent letters of the initiative to their local municipalities.