Last edited: February 14, 2005


  • Statute: None.


From the ILGA World Survey

"According to the Swedish Embassy in Sarajevo (fax 9 June 1999) a new penal code was introduced in the Federation of Bosnia-Herzegovina on 28 November 1998. The new penal code has no reference to homosexuality, and it is accordingly no longer a criminal offence in the Federation. In Republika Srpska a new penal code is still being worked on. It is expected to be introduced later this summer. Until then, the old Yugoslavian legislation which outlaws homosexuality is still into force." (Message from Bjoern Skolander - 9th June 1999)

The previous position
Under the Penal Code of 30 June 1959, sex between men was illegal in all of the former Yugoslavia. During the first half of the 1970's the power over penal legislation was devolved from the Federal Republic to the eight states and provinces. Bosnia-Herzegovina chose to retain the ban, with Section 93.2 of the criminal law, effective from 1977, making male homosexual conduct ("unnatural debauchery") illegal and subject to a penalty of up to one year's imprisonment.
There were no references to lesbian relationships. ("Rosa Liebe unterm roten Stern")

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