Romani Families from Banlozi Camp in Bosnia Settle Case Against Water Company for Denial of Access to Water

25 March 2025

Brussels, 25, March 2025: The European Roma Rights Centre (ERRC) welcomes a significant settlement agreement reached in a case of systemic discrimination by a water company against Romani residents of the Banlozi camp, located near Zenica in Bosnia & Herzegovina. The case sought damages from the Public Utility Company "Vodovod i Kanalizacija" for the denial of access to potable water and sanitation services to the camp. The settlement, finalised on 7th March 2025, provides financial compensation to 118 affected residents and sets an important precedent for anti-discrimination efforts in Bosnia & Herzegovina. The public utility company must pay more than €137,000 in compensation and legal fees as a result of the settlement. The case was represented by attorneys Sanela and Almin Dautbegović on behalf of the ERRC.

"This judgment marks a critical step forward in establishing a more promissing case law on the right to access water and essential services for vulnerable communities. It underscores the importance of holding public institutions accountable for discriminatory practices and ensures that Romani communities, like all others, have the fundamental right to access clean water and sanitation without prejudice, while also affirming their right to receive compensation for the damages suffered due to the denial of such access" said ERRC Legal Director, Senada Sali.

“The denial of drinking water in the Banlozi camp, which lasted for a long time, is a unique precedent in the practice of human rights violations. A hundred or more people say ‘we don't have water’ and all our requests and complaints to the authorities have not borne fruit. When the case is finally brought before the court, there is a peculiar phenomenon of the reaction of the defendant, who disputes everything. The final chapter is a favorable verdict awarding individual sums that are not large, but this process will open the door to future protection against human rights violations through the courts. Finally, all the plaintiffs are delighted with the verdict, the outcome of which they did not otherwise believe in, just as they do not trust the political community and the authorities who are never in a hurry to resolve their rights” said the Bosnian human rights lawyer who represented the case, Almin Dautbegović.

Background

The recently settled case was filed based on a previously won collective complaint brought by the ERRC, which argued that the systematic denial of essential utilities constituted ethnic discrimination. In the original case, the ERRC sought to address issues related to the provision of potable water in the local settlement. On 19th March 2021, the Municipal Court in Zenica (Općinski sud u Zenici) issued judgment number 43 0 Р 178741 19 P, stemming from a collective complaint filed by the European Roma Rights Centre (ERRC) on November 26, 2019 (the first discrimination collective complaint ever filed in this jurisdiction).

In its ruling, the Municipal Court in Zenica determined that the Public Utility Company "Vodovod i Kanalizacija" had intentionally severed the main water supply to the Banlozi camp, leaving all residents without access to potable water. The court concluded that this disconnection of water services was an act of systemic discrimination against the Romani residents and mandated the immediate restoration of water services to the camp. The court dismissed claims that residents had tampered with the water supply, citing a lack of evidence, and emphasized the broader pattern of systemic discrimination faced by Romani communities in Bosnia & Herzegovina. It highlighted the responsibility of public institutions to ensure equal access to essential services.

The Cantonal Court in Zenica upheld this ruling on 31st May 2021, reinforcing the decision that the discrimination was systemic and specifically targeted at Romani residents.

Settlement Agreement 

After years of legal proceedings, a settlement agreement has been reached to compensate the affected Romani residents for non-material damages suffered due to the period of prolonged water deprivation. 

Key terms include:

• Compensation: 118 plaintiffs will receive 2,200 KM (approximately €1,125) each, amounting to a total of 259,600 KM (€132,750).
• Legal Costs: The defendant will cover 9,344.80 KM (€4,780) in legal fees and a court fee of 120 KM (€61), bringing the total payable amount to 268,944.80 KM (€137,591).
• Payment Terms: The Public Utility Company must transfer the funds within 15 days, with statutory interest applied for delays.
• Finality: Plaintiffs waive further claims upon receipt of compensation, making the settlement legally binding and enforceable.

Ongoing Advocacy Efforts

The judgments and settlement agreement represent a significant victory for the Romani residents of the Banlozi camp, providing both legal recognition of their rights and financial compensation for past injustices. 

The Banlozi camp was long a site of systemic neglect. In 2018, the ERRC reported severe deprivation suffered by Romani families who lived under constant threat of eviction and lack basic amenities such as clean water and proper sanitation. Their children were segregated in isolated classrooms at school, while at home they endured the presence of rats and snakes in poorly insulated barracks which exacerbates hardships in the winter months. 

The ERRC has actively advocated for the rights of the Banlozi residents, leading to significant policy interventions, including closure of the camp and the allocation of social housing to all of its residents. Following an ERRC petition, the Ombudsman issued a recommendation in November 2022, urging the City of Zenica to extend social housing lease contracts from one to five years, ensuring greater stability for Romani families.

This case underscores the duty of public institutions to uphold anti-discrimination laws and ensure equal access to essential services for all citizens. It establishes an important precedent in Bosnia & Herzegovina for addressing ethnic discrimination under domestic law and international human rights conventions. Importantly, the case reaffirms that systemic discrimination against marginalised communities will not go unchallenged.

This press release is also available in Bosnian.

For more information, or to arrange an interview contact:

Jonathan Lee 
Advocacy & Communications Director
European Roma Rights Centre
jonathan.lee@errc.org
+32 49 288 7679

Mustafa Asanovski
Regional Human Rights Monitor
European Roma Rights Centre 
mustafa.asanovski@errc.org 
+389 77 835 187