Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes the Government’s report, which attached communications from the Confederation of Independent Trade Unions of Bosnia and Herzegovina (SSSBiH) and from the Confederation of Trade Unions of the Republika Srpska.

1. Article 1 of the Convention. Inherent requirements of the job. The Committee notes that the provisions of the Law on Gender Equality, 2003, do not prohibit "standards, criteria or practices that may be objectively justified by the achievement of a lawful aim proportion [sic] to necessary and justified measures …" (section 3). The Committee recalls that the exception permitted under Article 1(2) of the Convention must be based on the inherent requirements of a particular job, which is indeed the wording used in the Labour Law of the Federation of Bosnia and Herzegovina (1999, as amended in 2000) and the Labour Law of the Brčko District, 2000. This exception must be interpreted strictly in order to avoid undue limitation of the protection provided under the Convention. The Committee hopes that the exceptions permitted in the Law on Gender Equality will be applied in accordance with the Convention, and limited to matters related to the inherent requirements of the job. It invites the Government to provide information on the practical application of this provision.

2. Articles 2 and 3. Equality of opportunity and treatment irrespective of race, colour and national extraction. The Committee notes the reference in the opinion on Bosnia and Herzegovina of the Advisory Committee on the Framework Convention for the Protection of National Minorities to a law of 2003 on the protection of the rights of persons belonging to national minorities (opinion adopted on 27 May 2004, No. ACFC/INF/OP/I (2005) 003). The Advisory Committee also notes that the Roma are a particularly vulnerable group and exposed to widespread discrimination, including in employment and education (pages 15, 26 and 37). The Advisory Committee points to the need to design and develop a comprehensive strategy at all levels to tackle the problems facing the Roma (pages 16, 35 and 40). The Committee requests the Government to provide a copy of the law of 2003 on the protection of the rights of persons belonging to national minorities, and any information on its implementation as it relates to the Convention. It further requests the Government to provide information on any measures taken to promote equality of opportunity and treatment of the Roma.

3. Equality of opportunity and treatment of men and women. The Committee notes that a key role in monitoring and supervising the implementation of the Law on Gender Equality is entrusted to the Gender Equality Agency of Bosnia and Herzegovina (sections 22 and 23). The Gender Centres of the Federation of Bosnia and Herzegovina and of the Republika Srpska are also implicated (section 24). The Committee requests the Government to provide information on the functioning of the Gender Equality Agency, including the outcome of any monitoring and supervision, and to forward a copy of the annual report. It also requests information concerning the initiatives of the Gender Centres.

4. Parts III and IV of the report form. Enforcement. The lack of effective enforcement was raised in the communication of the Confederation of Trade Unions of the Republika Srpska. The Committee notes in this regard that section 19 of the Law on Gender Equality provides that the courts have jurisdiction to deal with violations of the Act. The Labour Law of the Republika Srpska, and the Labour Law of the Federation of Bosnia and Herzegovina provide a role to the courts as well as to the labour inspectors. The Committee is aware that complaints of discrimination are rarely made to labour inspectors or brought before the courts. The Committee, therefore, hopes that the Government will take measures to improve the capacity of labour inspectors to prevent, detect and redress discriminatory practices, including strengthening the participation of workers’ representatives in the process of inspection, and requests that information in this regard be included in its next report. The Committee would welcome receiving information on the number of complaints of discrimination investigated by the labour inspectors, and the results of these investigations. The Committee also requests the Government to provide any court decisions regarding allegations of discrimination under the state and entity laws.

5. Part V of the report form. Statistics. The Committee notes that the Law on Gender Equality provides that all statistical data and records must be gender disaggregated (section 18). The Committee hopes that gender-disaggregated statistics on employment will be included in the Government’s next report.