Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Legislative developments. The Committee notes from the information provided by the Government in response to its request for information on the process of harmonizing state and entity legislation with sections 1–3, 8, 21 and 23 of the Law on Gender Equality 2003 that there appears to be new legislation addressing discrimination in the Republika Srpska and the Brcko District. According to the Government’s report, the Labour Law of the Republika Srpska prohibits discrimination on the basis of race, ethnicity, skin colour, sex, language, religion, political or other opinions and convictions, social origin, financial status, membership and non-membership in trade unions or political organizations, physical or mental health and other characteristics that are not in immediate connection with the nature of employment. From the Government’s report, it appears that in the legislation of the Brcko District, there are now provisions regulating the prohibition of discrimination in the field of labour and employment, harassment or sexual harassment, violence based on gender and systematic harassment, including mobbing. With respect to the Federation of Bosnia and Herzegovina, the Committee notes that draft amendments have been prepared to the Labour Law, with provisions similar to those of the Brcko District. The Committee notes that the Government also refers to a draft law on the prohibition of discrimination prepared by the Ministry of Human Rights and Refugees and the Gender Equality Agency of Bosnia and Herzegovina.

The Committee notes that the list of prohibited grounds set out in the new legislation of the Republika Srpska does not include “national extraction”, and it is not clear what are the prohibited grounds enumerated in the legislation of the Brcko District or the draft amendments of the Federation of BiH. The Committee recalls the importance of including explicit reference to all the grounds enumerated in Article 1(1)(a) of the Convention in legislation prohibiting discrimination (see paragraph 206 of the Special Survey on equality in employment and occupation, 1996). The Committee requests the Government to ensure that the draft amendments to the Labour Law of the Federation of BiH explicitly define and prohibit direct and indirect discrimination, on all the grounds enumerated in Article 1(1)(a) of the Convention, with respect to all aspects of employment and occupation, and covering all workers, and to provide information on steps taken in this regard. Noting the Government’s indication that sexual harassment is being addressed in the amendments, the Committee hopes that it will define and prohibit both quid pro quo and hostile environment harassment, in line with the Committee’s 2002 general observation. The Committee also requests the Government to provide the following:

(i)    a copy of the recent laws of the Brcko District and the Republika Srpska addressing non-discrimination;

(ii)   information on whether “national extraction” is a prohibited ground of discrimination in the Republika Srpska, and if not, what steps are being taken to ensure protection against discrimination on this ground; and

(iii) information on the status of the adoption of the law on the prohibition of discrimination, and on the amendments to the Labour Law of the Federation of BiH, and to provide copies once they are adopted.

Article 2 of the Convention. National policy on gender equality. The Committee had previously noted the adoption in 2007 of the Gender Action Plan. The Committee notes the submission of the Ministry of Human Rights and Refugees, the Gender Equality Agency of Bosnia and Herzegovina attached to the Government’s report, as well as the report of the Gender Centre of the Federation of BiH on the application of the Convention. The Committee notes with interest the range of activities and initiatives being taken in the various jurisdictions, including the role of the gender centres of the Republika Srpska and the Federation of BiH, including examining draft laws related to labour and employment, and making recommendations regarding planning, implementing monitoring and enforcement of measures for the promotion of gender equality and for gender statistics. Initiatives at the federal level include training of civil servants on the Gender Action Plan and programmes to stimulate women’s entrepreneurship and reduce women’s unemployment. Information is also provided regarding cantonal initiatives, including an analysis of the representation of women and men, gender budgeting, and gender-sensitive database. The Committee notes that a joint agreement on financing has been prepared with donors with the aim of supporting the implementation of the Gender Action Plan. The Committee welcomes the various initiatives being taken, including by the Gender Equality Agency and the gender centres, and requests the Government to continue to provide information on the various measures taken in support of the Gender Action Plan, and the impact of such measures. The Committee would also welcome further information on the content and status of the project under the Joint Agreement on Financing to implement the Gender Action Plan. Please also provide a summary of the most recent annual report of the Gender Equality Agency.

Article 2. Discrimination on the grounds of race, colour, religion or national extraction. In reply to its previous request for information on the progress made in implementing the Law on the Protection of Rights of Persons Belonging to National Minorities, and on the practical measures to protect minorities against discrimination, the Committee notes the Government’s indication that significant progress has been made. With respect to migrant workers, the Committee notes from the concluding observations of the Committee on the Protection of the Rights of All Migrant Workers and Members of their Families (CMW) that Bosnia and Herzegovina has a significant and increasing number of migrant workers in transit or living on its territory (CMW/C/BIH/CO/1). The CMW also raises concerns regarding the lack of consistency of laws, undermining the ability to protect the rights of migrant workers. The Committee again requests the Government to provide specific information on the progress made in implementing the Law on the Protection of Rights of Persons Belonging to National Minorities, as amended, in particular section 18, including relevant statistics. Please provide a copy of the Law on the Protection of Members of National Minorities of the Republika Srpska, and any recent legislation on this topic of the Federation of BiH. The Committee also requests information on the concrete measures taken or envisaged to protect minorities against discrimination on the grounds of race, colour, religion and national extraction. The Committee again asks the Government to provide specific information on how protection of migrant workers against discrimination, including on the grounds of race, colour, religion and national extraction, is ensured.

The Committee previously raised concerns regarding the widespread discrimination of the Roma in employment and education, and noted in particular the 2005 Strategy of Bosnia and Herzegovina for the resolution of the Roma issues. The Committee notes the adoption of the Strategy of employment of the Roma 2007–15, referred to in the Government’s report, as well as plans to implement the Action Plan for Employment of the Roma. The Committee notes further that in 2008, the Council of Ministers adopted the action plan for addressing the problems of the Roma in the fields of employment, housing and health insurance, and signed the Roma Decade Declaration, formally acceding to the Decade of Inclusion of Roma. The Committee also notes the information provided by the Government to the Committee on the Elimination of Racial Discrimination (CERD) regarding the gaps in the implementation of the Action Plan, which have been acknowledged by the Ministry of Human Rights and Refugees, such as insufficient development and details of concrete measures, allocation of financial resources, monitoring mechanisms, etc. As a result, a revision of the action plan is under way, with members of the working group for its revision having been appointed, including representatives of government authorities at all levels and representatives of the Roma non-governmental sector, and possibilities for financing are being examined (CERD/C/BIH/CO/6/Add.2, 16 July 2009, paragraph 47). On the issue of multiple discrimination facing Roma women, the Committee notes the report of the Gender Equality Agency, indicating that the representatives of the Agency are involved in the working group for employment on drafting the development and social inclusion strategies. The Committee welcomes the revision of the Action Plan with a view to addressing implementation gaps, undertaken with the participation of representatives of the Roma community, and requests the Government to provide information on the status of the revision process and on the conclusions and recommendations resulting therefrom. The Committee also asks the Government to provide information on the impact of the measures taken in the implementation of the Roma strategy, relating to education, employment and occupation. Please also provide information on the status of the development and social inclusion strategies with respect to addressing multiple discrimination against Roma women, as well as any other measures being taken in this regard.

Article 3. Cooperation with workers’ and employers’ organizations, and collective agreements. The Committee previously noted the important role of collective agreements, as well as Rulebooks, and requested information on the status of the process of harmonizing collective agreements with the Law on Gender Equality with respect to non-discrimination. The Committee notes that the report of the Gender Equality Agency states that the Rulebook on records in the area of employment of the Federation of BiH has been harmonized with the Law on Gender Equality. The Committee also notes from the same report that the Independent Industry Trade Union of Health Workers in the Federation of BiH has adopted a programme of activities on gender equality, and the Trade Union of Metal Workers of Bosnia and Herzegovina has developed a special plan for gender equality. The report also notes that all the trade unions have reported taking gender equality into account in appointing members of committees. The Committee welcomes the initiatives of the trade unions in promoting the principles of the Convention, and invites the Government to continue to provide information in this regard. The Committee also requests the Government to provide a copy of the relevant provisions of the Rulebook of the Federation of BiH and any other Rulebooks, as well as examples of collective agreements addressing non-discrimination on the grounds set out in the Convention.

Parts III and IV of the report form. Enforcement. The Committee notes from the report of the Gender Equality Agency that seminars have been held to sensitize male and female labour inspectors regarding gender equality to strengthen their capacity to address cases of violation of rights arising from employment, with a focus on the gender dimension. The Committee notes that the Gender Centre of the Republika Srpska received four applications for review of violations of the Law on Gender Equality in 2007, and the Gender Centre of the Federation of BiH processed 15 cases, which mainly dealt with discrimination against women in employment. The Committee notes the views of the Gender Equality Agency that many people do not file complaints due to the fear of losing their jobs, and because they have no trust in the efficient protection by the institutions. The Agency notes further that as many people work on a part-time basis or illegally, it is difficult, if not impossible, to apply the legislation. The Committee asks the Government to continue to provide information on the number and nature of complaints received under the Law on Gender Equality, and also requests information on complaints of discrimination on grounds other than sex brought to the attention of the courts or the labour inspectors. The Committee also requests information on any measures taken or envisaged to address the concerns raised by the Gender Equality Agency regarding the lack of trust in protection afforded by the institutions and the difficulties faced particularly by part-time workers in bringing complaints of discrimination.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes the communication of the International Trade Union Confederation (ITUC) and the Confederation of Independent Trade Unions of Bosnia and Herzegovina (SSS BiH) dated 20 August 2009. The communication refers to the conclusions of the Governing Body, from November 1999, regarding workers who had been dismissed from two undertakings on the grounds of national extraction or religious belief (the representation made pursuant to article 24 of the ILO Constitution by the Union of Autonomous Trade Unions of Bosnia and Herzegovina (USIBH) and the Union of Metalworkers (SM)), stating that the situation has not been resolved. The communication also refers to discriminatory job advertisements. The Committee asks the Government to reply to the issues set out in the communication of the ITUC and the SSS BiH regarding the progress of implementation of the recommendations of the Governing Body and with respect to the existence of discriminatory job advertisements, and to indicate the steps being taken to address these matters.

The Committee is raising other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Gender equality

Article1(2) of the Convention. Inherent requirement. The Committee again requests the Government to provide information on the interpretation of section 3 of the Law on Gender Equality, 2003, which permits exceptions to the discrimination provisions, and its practical application.

Articles 2 and 3. National policy. The Committee notes with interest the adoption in September 2007 of the Gender Action Plan, pursuant to section 23 of the Law on Gender Equality. The Action Plan addresses a wide range of issues, including women in political life and decision-making, employment and the labour market, sexual harassment, and harmonization of professional and private life. The Committee notes that the realization period of many of the activities is two years after the adoption of the Action Plan, while others are to be ongoing. The Committee also notes the Government’s statement in its report under the Equal Remuneration Convention, 1951 (No. 100), that there continues to be discrimination against women in terms of access to better paid positions. The Committee requests the Government to provide information on the status of the activities and objectives set out in the Gender Action Plan, and the impact thereof, with respect to non-discrimination in employment and occupation. The Committee again asks the Government to provide information on the specific measures taken or envisaged to increase the proportion of women in decision-making positions and in a broader range of jobs than they have traditionally occupied.

Collective agreements. The Committee notes from the Government’s report under Convention No. 100 the important role of general and branch collective agreements, which all employers must respect. Noting that the Law on Gender Equality provides that collective agreements are to be brought into conformity with it, the Committee requests the Government to provide information on the status of the process of harmonizing collective agreements with the Law on Gender Equality with respect to non-discrimination. Please also provide a summary of the provisions of collective agreements and rule books addressing non-discrimination.

Legislative developments. The Committee notes the Government’s statement that the process of harmonizing state and entity legislation with the non-discrimination provisions of the Law on Gender Equality is under way. The Committee also notes that the general objective of harmonization is set out in the Gender Action Plan, which was adopted in September 2007. The Committee requests the Government to provide information on the status of the process of harmonizing state and entity legislation with sections 1–3, 8, 21 and 23 of the Law on Gender Equality.

Discrimination on the grounds of race,
colour, religion or national extraction

Articles 2 and 3. In response to its previous comments, the Committee notes that the Government has provided a copy of the Roma Strategy of Bosnia and Herzegovina, 2005, and the Law on the Protection of Rights of Persons Belonging to National Minorities, 2003, as amended in 2005. The Committee notes that the Law on National Minorities provides that Bosnia and Herzegovina is to protect the position and equality of persons belonging to national minorities. National minorities are defined as citizens comprising 17 enumerated groups, as well as those satisfying the general requirements (section 3). Of particular relevance to the Convention is section 18 of the Law, as amended, which provides that national minorities have the right to be represented in the public administration and public services at all levels, corresponding to the proportion they represent among the population. Reference is also made to the fact that other positive measures can be taken at the local level to ensure equality. The Committee requests the Government to provide information on the progress made in implementing section 18 of the Law on the Protection of Rights of Persons Belonging to National Minorities, as amended, including relevant statistics. Please also provide information on practical measures taken or envisaged to protect minorities against discrimination on the grounds of race, colour, religion and national extraction. Noting that Bosnia and Herzegovina has an increasingly large number of migrant workers, the Committee asks the Government to include information on how protection of migrant workers against discrimination on these grounds is ensured.

In its previous comments, the Committee raised concerns regarding the widespread discrimination of the Roma in employment and education. The Committee notes that the Roma are specifically named as a national minority in the Law on the Protection of Rights of Persons Belonging to National Minorities. The Committee also notes that the Roma Strategy of Bosnia and Herzegovina acknowledges the seriousness of the situation facing the Roma, including in the areas of education, employment and occupation, and the need for Bosnian authorities at all levels to take a range of actions and measures aimed at a “radical change” for the improvement of the social and economic status of Roma. The Strategy notes the link between lack of access to education and lack of employment of the Roma, and concludes that no progress will be possible without affirmative action. It goes on to point out the need to amend the 2004–07 Development Strategy to include “increased and expedited employment of Roma people”. The Strategy foresees the development of a Plan of Action in the area of employment by the end of 2005. The multiple discrimination facing women in the Roma community is also raised, and the Gender Equality Agency and the gender centres are called on to address this issue. The Committee requests the Government to provide information on the following:

(i)    the specific measures taken to implement the Roma Strategy as it relates to education, employment and occupation, and the impact thereof;

(ii)   whether the updated Development Strategy includes issues related to the employment of Roma and, if so, please refer to the specific provisions;

(iii) whether a Plan of Action regarding the employment situation of Roma has been adopted and, if so, please provide a copy;

(iv)  results achieved under the Action Plan on the Educational Needs of Roma and Members of Other National Minorities, 2004;

(v)   the action taken by the Gender Equality Agency or the gender centres to address the issue of the multiple discrimination facing Roma women. Please also provide a copy of the annual report of the Gender Equality Agency, as previously requested.

Parts III and IV of the report form. Enforcement. Noting that the Government has not provided any reply to its previous comments on this issue, the Committee again requests the Government to provide the following information:

(i)    measures taken or envisaged to improve the capacity of the labour inspectors to prevent, detect and redress discriminatory practices;

(ii)   the number of complaints of discrimination investigated by the labour inspectors and the results of these investigations;

(iii) court decisions regarding allegations of discrimination under the State and entity laws.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

1. The Committee notes the information provided in the Government’s report. The Committee notes, however, that the Government has not replied to all the issues raised in the Committee’s previous comment, including those relating to the communications from the Confederation of Independent Trade Unions of Bosnia and Herzegovina (SSSBiH) and the Confederation of Trade Unions of the Republika Srpska. The Committee is, therefore, obliged to repeat a number of issues previously raised, and urges the Government to reply fully to all the issues in its next report.

2. Article 1 of the Convention. Inherent requirements of the job. The Committee noted in its previous comment that the Law on Gender Equality, 2003, does 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 …” (article 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. This exception must be interpreted strictly in order to avoid undue limitation of the protection provided under the Convention. The Committee again expresses the hope 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.

3. Article 2. Practical application. The Committee noted previously the comments of the SSSBiH and the Confederation of Trade Unions of the Republika Srpska acknowledging the existence of appropriate legislative provisions, though stressing the problems of practical application, particularly with respect to discrimination based on sex, age, religious belief, national extraction and political opinion. The Government is, therefore, again requested to provide information on any measures taken to ensure the practical application of the Convention, such as awareness raising and training on equality issues, in collaboration with employers’ and workers’ organizations.

4. Equality of opportunity and treatment of men and women. The Committee notes the Government’s statement acknowledging the role of the Gender Equality Agency and the Gender Centres in monitoring and supervising the implementation of the Law on Gender Equality. The Government states that these bodies provide continuous education and awareness raising on the issue of equality and tolerance in society. The Committee also notes the statistics provided by the Government, indicating occupational segregation and a low percentage of women in management positions (14 per cent). The Committee requests the Government to provide details on the activities 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 specific information concerning the initiatives of the Gender Centres. In addition, the Committee requests information on any measures taken or envisaged to increase the proportion of women in decision-making positions and in jobs other than those traditionally occupied by women.

5. Equality of opportunity and treatment irrespective of race, colour and national extraction. The Committee again 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 also notes the concerns raised by the Committee on the Elimination of Racial Discrimination regarding the situation of the Roma, in particular regarding the following: lack of resources for the Roma Council; the absence of specific measures identified in the National Strategy for Roma, as well as insufficient funds allocated to support the strategy; the existence of administrative obstacles to Roma enjoying rights such as employment; and the generally low representation of Roma in the labour market and of Roma children in schools (CERD/C/BIH/CO/6, paragraphs 14, 15, 17, 19 and 22). The Committee again 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 in education and employment and occupation, including involving the Roma Council and the National Strategy for Roma.

6. 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 had previously noted in this regard that article 19 of the Law on Gender Equality provides that the courts have jurisdiction to deal with violations of the Law. 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 the labour inspectors. The Committee had also noted that complaints of discrimination were rarely made to labour inspectors or brought before the courts. The Committee notes the Government’s statement that no information is available on the number, nature and outcome of complaints related to discrimination in employment filed with courts, labour inspectors and any other competent body. The Committee notes the importance of ensuring that rights do not merely exist in law, but that they are applied in practice, including providing for adequate enforcement. The Committee 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 urges the Government to collect relevant court decisions regarding allegations of discrimination under the State and entity laws, and to make these available to the Committee.

7. Part V of the report form. Statistics. The Committee notes the statistics provided by the Government disaggregated by sex. The Committee requests the Government to continue to provide such statistics, as well as statistics disaggregated to the extent possible by race, religion and national extraction.

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

1. Legislative developments on gender equality. The Committee noted previously the adoption of the Law on Gender Equality (No. 56/03), which takes a comprehensive approach through prohibiting gender discrimination at all levels of society, imposing a positive duty to prevent sexual harassment and gender discrimination, and envisaging policies and programmes to promote equality. The Committee had also noted that the Law on Gender Equality provides that collective agreements and entity legislation are to be brought into conformity with its provisions. The Committee notes that the Government sought ILO assistance in this regard and that in May 2006, an ILO workshop on the harmonization of entity legislation with the Gender Equality Law and implementation of the Gender Equality Law was held in Sarajevo. The Committee again asks the Government to provide information regarding the implementation of the Law on Gender Equality, including any policies and programmes established to ensure non-discrimination and promote equality in employment and occupation. The Committee asks the Government to provide information on any progress achieved in harmonizing the entity legislation as well as collective agreements with the Law on Gender Equality, including concrete action taken to follow-up on the conclusions of the ILO workshop. The Committee also requests information on the status of the gender action plan.

2. Discrimination on the grounds of national extraction or religious belief. In its previous comments, the Committee recalled the conclusions of the Governing Body, from November 1999, that workers had been dismissed from two undertakings on the grounds of national extraction or religious belief (the representation made pursuant to article 24 of the ILO Constitution by the Union of Autonomous Trade Unions of Bosnia and Herzegovina (USIBH) and the Union of Metalworkers (SM)). The Committee also noted the adoption of the legislation designed to provide compensation to workers who lost their employment during the civil war. The Committee also recalled the communications of the USIBH and the trade union organization of the “Ljubija” iron mine concerning the dismissal by another undertaking during the civil war on the ground of the national extraction of the workers. The Committee notes the Government’s statement that in the case of one of the factories (Aluminij), the Government, in agreement with the management of the company sent out a public invitation to all the dismissed workers to report for work; however, at the request of the trade union, the invitation was temporarily withdrawn until the privatization process was completed. In the case of the Ljubija mine, the Government recalls that pursuant to the legislation, the dismissed workers are entitled to severance pay, and that a Commission has been established to deal with individual applications for severance pay. The Government states further that it is making efforts to secure the funds to cover the severance pay. The Government notes that a report regarding the exercise of the rights of these workers was to be discussed in June 2006 by the National Assembly. Noting that the Government is continuing to make efforts to resolve these matters, the Committee requests the Government to provide information on progress achieved, including statistics available on the number of workers who have benefited from the legislative provisions regarding compensation, and those who have been reinstated. The Committee also requests information on the outcome of the discussion by the National Assembly on the report on this matter, and any action taken or envisaged as a result thereof.

The Committee is raising other matters in a request addressed directly to the Government.

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.

Observation (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 the Confederation of Trade Unions of the Republika Srpska. Substantially the same observations of the SSSBiH were forwarded to the Office by the International Confederation of Free Trade Unions (ICFTU) on 1 September 2005.

1. Article 1 of the Convention. Legislative developments on gender equality. The Committee noted in its previous comments the importance of formulating and implementing a genuine policy of equality of opportunity and treatment in all spheres, and the need to take decisive steps to ensure that equality and non-discrimination in employment become a reality. The Committee notes with satisfaction that the Law on Gender Equality was adopted at the state level in May 2003 (No. 56/03), with the express objective of governing, promoting and protecting gender equality and guaranteeing equal opportunities in the public and private domains, and in all sectors of society, including in the fields of education, economy, employment and labour, social welfare, health care, public life and the media (sections 1 and 2). The Law prohibits direct and indirect discrimination on the grounds of gender and sexual orientation (sections 1, 2 and 3). The Law takes a comprehensive approach through prohibiting gender discrimination at all levels of society, imposing a positive duty to prevent sexual harassment and gender discrimination (section 8), and envisaging policies and programmes to promote equality (sections 21 and 23). The Committee asks the Government to provide information regarding the implementation of the Law on Gender Equality, including any policies and programmes established to ensure non-discrimination and promote equality in employment and occupation.

2. The Committee notes that the Law on Gender Equality provides that collective agreements and entity legislation are to be brought into conformity with its provisions (sections 9 and 21). The Committee has noted in its past comments that general legislation exists in the Republika Srpska and the Federation of Bosnia and Herzegovina prohibiting discrimination in employment and occupation. The Committee welcomes the proactive approach expressed in the Law on Gender Equality, which generally has been found to be more effective in addressing in particular subtler forms of discrimination. The Committee also notes the specific definitions set out in the Law, including on discrimination, direct and indirect discrimination, and sexual harassment, which are not found in the entity legislation. The Committee asks the Government to provide information on any progress achieved in harmonizing the entity legislation as well as collective agreements with the Law on Gender Equality.

3. Discrimination on the grounds of national extraction or religious belief. In its previous comments, the Committee recalled the conclusions, approved by the Governing Body in November 1999, concerning the representation made pursuant to article 24 of the ILO Constitution by the Union of Autonomous Trade Unions of Bosnia and Herzegovina (USIBH) and the Union of Metalworkers (SM), alleging non-observance of Convention No. 111. The Governing Body concluded that workers had been dismissed from two undertakings (the "aluminum" and "soko" factories) based on national extraction or religious belief. The Committee noted with interest the adoption of legislation designed to provide compensation to workers who lost their employment during the civil war, and stressed that it was the responsibility of the parties concerned to apply the provisions of the Labour Code and the recommendations of the Governing Body. The Committee also recalled communications of the USIBH and the trade union organization of the "Ljubija" iron mine concerning dismissals by that undertaking during the civil war on the basis of the national extraction of the workers. The Committee again requests the Government to provide information on progress achieved in resolving these matters, including statistics available on the number of workers who have benefited from the legislative provisions regarding compensation, and where appropriate, information on any difficulties encountered.

4. Article 2. Practical application. The Committee notes that the comments of the SSSBiH and the Confederation of Trade Unions of the Republika Srpska, while acknowledging the existence of appropriate legislative provisions, stress the problems of practical application, particularly with respect to discrimination based on sex, age, religious belief, national extraction and political opinion. The Committee recalls in this regard that, while the affirmation of the principle of equality in legal provisions is an important element of a national policy to promote equality of opportunity and treatment in employment and occupation, it is essential to take continuing and proactive measures to ensure that the principles of the Convention are fully applied in practice. The Government is, therefore, requested to provide information on any measures taken to ensure the practical application of the Convention, such as awareness raising and training on equality issues, in collaboration with workers’ and employers’ organizations.

The Committee is raising other points in a request addressed directly to the Government.

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes the observations received from the Confederation of Independent Unions of Bosnia and Herzegovina dated 29 July 2004 which were forwarded to the Government on 11 August 2004. The union alleges that the situations in the enterprise Aluminium Mostar and the "Ljubija" iron mine, which the Committee addressed in its previous observation, had not yet been resolved.

Noting that the Government’s report has not been received. The Committee must repeat its previous observation which read as follows:

1. With reference to its previous comments on the fundamental importance of establishing the rule of law and formulating and implementing a genuine national policy of equality of opportunity and treatment in all spheres, including in employment and occupation, in order to promote national reconciliation and peace, the Committee notes the Government’s first report on the application of the Convention, which outlines the legal and institutional framework intended to give effect to provisions of the Convention. The Committee takes note in particular of section 5 of the Labour Code and section 3 of the Employment Act of the Republica Srpska, as well as section 5 of the Labour Code (as amended in August 2000) and section 2 of the Employment and Social Security of the Unemployed Act of the Federation of Bosnia and Herzegovina. The Committee welcomes that these provisions prohibit discrimination in employment and occupation, including in the context of employment services, on all the grounds enumerated in Article 1(1)(a) of the Convention and that, as stated by the Government, all employers’ and workers’ organizations had been consulted in the process leading to the adoption of the laws in question.

2. Nevertheless, the Committee recalls that, while the affirmation of the principle of equality in legal provisions is an important element of the national policy to promote equality of opportunity and treatment in employment and occupation as required by Article 2 of the Convention, it is equally important to take measures to ensure that the Convention’s provisions are fully applied in practice. Aware of the enormous challenge rebuilding a multi-ethnic, peaceful and prosperous society in Bosnia and Herzegovina, the Committee emphasizes the need to take decisive steps to ensure that equality and non-discrimination in employment become a reality for men and women throughout the country, irrespective of their sex, religion, race or national extraction, or any other criteria enumerated by the Convention. The Government is therefore requested to provide in its next report information on the practical measures taken to ensure the application of the Convention in the public and private sectors, including sensitization and training of labour market actors.

3. The Committee recalls that, at its 276th Session (November 1999), the Governing Body of the ILO approved the report of the Committee set up to examine the representation alleging non-observance by Bosnia and Herzegovina of Convention No. 111, made under article 24 of the ILO Constitution, by the Union of Autonomous Trade Unions of Bosnia and Herzegovina (USIBH) and the Union of Metalworkers (SM) and entrusted follow-up of its recommendations to the Committee of Experts (see GB.276/16/4, paragraph 23). The Governing Body considered that the facts involved constituted a violation of Convention No. 111, since the type of discrimination described in the representation was of the kind prohibited by Article 1(1)(a) of that instrument, in that it involved an exclusion based solely on national extraction or religious belief which had the effect of destroying equality of opportunity and treatment in employment and occupation between workers of Croatian extraction and the workers of Bosnian or Serbian extraction employed by the "Aluminium" and "Soko" undertakings.

4. The Committee previously noted with interest sections 143 and 144 of the new Labour Code (as amended in August 2000) which are designed to provide various levels of compensation to workers who lost their employment during the civil war which ravaged the country from 1992 onwards. The Committee considered that it was too soon to affirm that the provisions in question settle conclusively the situation of workers in the "Aluminium" and "Soko" factories and insisted that it is for the various parties concerned - the Government, the management of the two undertakings, and the workers who made the representation - to apply the provisions of the Labour Code and the recommendations of the Governing Body in such a way that the workers of the "Aluminium" and "Soko" factories who were unable to resume their former employment - solely on the basis of their ethnic origin and/or religious beliefs - can receive appropriate compensation.

5. The Committee notes from the Government’s report that as of 31 March 2000 there were 740 employees at "Aluminium" factories out of which 692 were Croats (93.5 per cent), 27 Serbs (3.9 per cent), and 21 Bosnians (2.8 per cent). Before the civil war the "Aluminium" workforce of 3,278 employees had the following composition: 1,455 Croats (44.4 per cent), 1,082 Bosnians (33 per cent) and 742 Serbs (22.6 per cent). The Government states that an inspection carried out in the "Soko" undertaking displayed a similar situation, with a composition of the 433 employees as of 31 March 2000 as follows: 414 Croats, nine Bosnians, and five Serbs. According to the Government, measures were taken concerning the obligations of the two enterprises in question to establish the legal status required of all employees who did meet the conditions set forth in section 143 of the Labour Code and who submitted applications in this respect. According to the findings at the disposal of the Government of the Federation of Bosnia and Herzegovina, this process has only led to severance payments, while there were no cases of return of such employees to work. The Committee notes this information and requests the Government to provide with its next report detailed information on those workers of the "Aluminium" and "Soko" factories whose employment relationship has formally been terminated in accordance with section 143, include their number, national extraction, and whether they received severance payments. The Government is also requested to provide detailed information on any claims brought by affected employees of these factories before the cantonal and federal commissions for the implementation of section 143 of the Labour Code, including the results of these proceedings.

6. The Committee also recalls the communications of the USIBH and the trade union organization of the "Ljubija" iron mine according to which the managers of the mine in question dismissed all the miners who were not Serbs, namely some 2,000 workers, during the civil war which ravaged the country from 1992 onwards. The Committee noted that the facts alleged by the USIBH are similar to those examined by the Governing Body within the context of the abovementioned representation under article 24, namely that there was dismissal (or non-reinstatement) of workers based solely on their national extraction and stressed that the principle laid down in the Convention is of universal application, that applies whatever the national extraction of the worker discriminated against may be. The Committee once again hopes that it will be possible to resolve this case, and trusts that in its next report the Government will make its comments in reply to these communications, indicating any progress made in respect of this case.

7. The Committee refers also to the comments made under Conventions Nos. 81 and 158.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

1. With reference to its previous comments on the fundamental importance of establishing the rule of law and formulating and implementing a genuine national policy of equality of opportunity and treatment in all spheres, including in employment and occupation, in order to promote national reconciliation and peace, the Committee notes the Government’s first report on the application of the Convention, which outlines the legal and institutional framework intended to give effect to provisions of the Convention. The Committee takes note in particular of section 5 of the Labour Code and section 3 of the Employment Act of the Republica Srpska, as well as section 5 of the Labour Code (as amended in August 2000) and section 2 of the Employment and Social Security of the Unemployed Act of the Federation of Bosnia and Herzegovina. The Committee welcomes that these provisions prohibit discrimination in employment and occupation, including in the context of employment services, on all the grounds enumerated in Article 1(1)(a) of the Convention and that, as stated by the Government, all employers’ and workers’ organizations had been consulted in the process leading to the adoption of the laws in question.

2. Nevertheless, the Committee recalls that, while the affirmation of the principle of equality in legal provisions is an important element of the national policy to promote equality of opportunity and treatment in employment and occupation as required by Article 2 of the Convention, it is equally important to take measures to ensure that the Convention’s provisions are fully applied in practice. Aware of the enormous challenge rebuilding a multi-ethnic, peaceful and prosperous society in Bosnia and Herzegovina, the Committee emphasizes the need to take decisive steps to ensure that equality and non-discrimination in employment become a reality for men and women throughout the country, irrespective of their sex, religion, race or national extraction, or any other criteria enumerated by the Convention. The Government is therefore requested to provide in its next report information on the practical measures taken to ensure the application of the Convention in the public and private sectors, including sensitization and training of labour market actors.

3. The Committee recalls that, at its 276th Session (November 1999), the Governing Body of the ILO approved the report of the Committee set up to examine the representation alleging non-observance by Bosnia and Herzegovina of Convention No. 111, made under article 24 of the ILO Constitution, by the Union of Autonomous Trade Unions of Bosnia and Herzegovina (USIBH) and the Union of Metalworkers (SM) and entrusted follow-up of its recommendations to the Committee of Experts (see GB.276/16/4, paragraph 23). The Governing Body considered that the facts involved constituted a violation of Convention No. 111, since the type of discrimination described in the representation was of the kind prohibited by Article 1(1)(a) of that instrument, in that it involved an exclusion based solely on national extraction or religious belief which had the effect of destroying equality of opportunity and treatment in employment and occupation between workers of Croatian extraction and the workers of Bosnian or Serbian extraction employed by the "Aluminium" and "Soko" undertakings.

4. The Committee previously noted with interest sections 143 and 144 of the new Labour Code (as amended in August 2000) which are designed to provide various levels of compensation to workers who lost their employment during the civil war which ravaged the country from 1992 onwards. The Committee considered that it was too soon to affirm that the provisions in question settle conclusively the situation of workers in the "Aluminium" and "Soko" factories and insisted that it is for the various parties concerned - the Government, the management of the two undertakings, and the workers who made the representation - to apply the provisions of the Labour Code and the recommendations of the Governing Body in such a way that the workers of the "Aluminium" and "Soko" factories who were unable to resume their former employment - solely on the basis of their ethnic origin and/or religious beliefs - can receive appropriate compensation.

5. The Committee notes from the Government’s report that as of 31 March 2000 there were 740 employees at "Aluminium" factories out of which 692 were Croats (93.5 per cent), 27 Serbs (3.9 per cent), and 21 Bosnians (2.8 per cent). Before the civil war the "Aluminium" workforce of 3,278 employees had the following composition: 1,455 Croats (44.4 per cent), 1,082 Bosnians (33 per cent) and 742 Serbs (22.6 per cent). The Government states that an inspection carried out in the "Soko" undertaking displayed a similar situation, with a composition of the 433 employees as of 31 March 2000 as follows: 414 Croats, nine Bosnians, and five Serbs. According to the Government, measures were taken concerning the obligations of the two enterprises in question to establish the legal status required of all employees who did meet the conditions set forth in section 143 of the Labour Code and who submitted applications in this respect. According to the findings at the disposal of the Government of the Federation of Bosnia and Herzegovina, this process has only led to severance payments, while there were no cases of return of such employees to work. The Committee notes this information and requests the Government to provide with its next report detailed information on those workers of the "Aluminium" and "Soko" factories whose employment relationship has formally been terminated in accordance with section 143, include their number, national extraction, and whether they received severance payments. The Government is also requested to provide detailed information on any claims brought by affected employees of these factories before the cantonal and federal commissions for the implementation of section 143 of the Labour Code, including the results of these proceedings.

6. The Committee also recalls the communications of the USIBH and the trade union organization of the "Ljubija" iron mine according to which the managers of the mine in question dismissed all the miners who were not Serbs, namely some 2,000 workers, during the civil war which ravaged the country from 1992 onwards. The Committee noted that the facts alleged by the USIBH are similar to those examined by the Governing Body within the context of the abovementioned representation under article 24, namely that there was dismissal (or non-reinstatement) of workers based solely on their national extraction and stressed that the principle laid down in the Convention is of universal application, that applies whatever the national extraction of the worker discriminated against may be. The Committee once again hopes that it will be possible to resolve this case, and trusts that in its next report the Government will make its comments in reply to these communications, indicating any progress made in respect of this case.

7. The Committee refers also to the comments made under Conventions Nos. 81 and 158.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

In addition, a request regarding other points is being addressed directly to the Government.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

Further to its observation, the Committee requests the Government to provide information on the following points.

1. Recalling the broad scope of the Convention covering all workers and all types of employment, the Committee requested the Government to provide detailed information on the legislative, administrative and other measures taken to ensure the equal access of men and women from all ethnic and religious backgrounds to employment in the civil service in the institutions of Bosnia and Herzegovina, as well as the civil service of the Federation of Bosnia and Herzegovina and the Republica Srpska at all levels, including information on the impact of such measures.

2. Drawing the Government’s attention to the importance of educational programmes and other types of awareness-raising activities as instruments to promote equality of opportunity and treatment, the Committee would be grateful to receive information on any concrete measures taken or envisaged to raise public awareness in respect to equality issues and to promote respect and tolerance within society and communities.

3. Noting that the Government was not yet in a position to provide statistical and other information on the actual situation in Bosnia and Herzegovina in respect to equality of opportunity and treatment in employment and occupation, the Committee asks the Government to provide such information as soon as available. The Committee would be grateful to receive statistical and other information, such as reports or studies undertaken, on the participation of men and women in education, vocational training, as well as the employment in the various sectors and fields of activity.

4. Please provide information on the number, nature and outcome of complaints concerning discrimination in employment made to the courts, labour inspectors, and any other competent body, such as the Ombudsperson of Bosnia and Herzegovina and the Ombudsperson of the Federation and the Republica Srpska.

Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

1. With reference to its previous comments on the fundamental importance of establishing the rule of law and formulating and implementing a genuine national policy of equality of opportunity and treatment in all spheres, including in employment and occupation, in order to promote national reconciliation and peace, the Committee notes the Government’s first report on the application of the Convention, which outlines the legal and institutional framework intended to give effect to provisions of the Convention. The Committee takes note in particular of section 5 of the Labour Code and section 3 of the Employment Act of the Republica Srpska, as well as section 5 of the Labour Code (as amended in August 2000) and section 2 of the Employment and Social Security of the Unemployed Act of the Federation of Bosnia and Herzegovina. The Committee welcomes that these provisions prohibit discrimination in employment and occupation, including in the context of employment services, on all the grounds enumerated in Article 1(1)(a) of the Convention and that, as stated by the Government, all employers’ and workers’ organizations had been consulted in the process leading to the adoption of the laws in question.

2. Nevertheless, the Committee recalls that, while the affirmation of the principle of equality in legal provisions is an important element of the national policy to promote equality of opportunity and treatment in employment and occupation as required by Article 2 of the Convention, it is equally important to take measures to ensure that the Convention’s provisions are fully applied in practice. Aware of the enormous challenge rebuilding a multi-ethnic, peaceful and prosperous society in Bosnia and Herzegovina, the Committee emphasizes the need to take decisive steps to ensure that equality and non-discrimination in employment become a reality for men and women throughout the country, irrespective of their sex, religion, race or national extraction, or any other criteria enumerated by the Convention. The Government is therefore requested to provide in its next report information on the practical measures taken to ensure the application of the Convention in the public and private sectors, including sensitization and training of labour market actors.

3. The Committee recalls that, at its 276th Session (November 1999), the Governing Body of the ILO approved the report of the Committee set up to examine the representation alleging non-observance by Bosnia and Herzegovina of Convention No. 111, made under article 24 of the ILO Constitution, by the Union of Autonomous Trade Unions of Bosnia and Herzegovina (USIBH) and the Union of Metalworkers (SM) and entrusted follow-up of its recommendations to the Committee of Experts (see GB.276/16/4, paragraph 23). The Governing Body considered that the facts involved constituted a violation of Convention No. 111, since the type of discrimination described in the representation was of the kind prohibited by Article 1(1)(a) of that instrument, in that it involved an exclusion based solely on national extraction or religious belief which had the effect of destroying equality of opportunity and treatment in employment and occupation between workers of Croatian extraction and the workers of Bosnian or Serbian extraction employed by the "Aluminium" and "Soko" undertakings.

4. The Committee previously noted with interest sections 143 and 144 of the new Labour Code (as amended in August 2000) which are designed to provide various levels of compensation to workers who lost their employment during the civil war which ravaged the country from 1992 onwards. The Committee considered that it was too soon to affirm that the provisions in question settle conclusively the situation of workers in the "Aluminium" and "Soko" factories and insisted that it is for the various parties concerned - the Government, the management of the two undertakings, and the workers who made the representation - to apply the provisions of the Labour Code and the recommendations of the Governing Body in such a way that the workers of the "Aluminium" and "Soko" factories who were unable to resume their former employment - solely on the basis of their ethnic origin and/or religious beliefs - can receive appropriate compensation.

5. The Committee notes from the Government’s report that as of 31 March 2000 there were 740 employees at "Aluminium" factories out of which 692 were Croats (93.5 per cent), 27 Serbs (3.9 per cent), and 21 Bosnians (2.8 per cent). Before the civil war the "Aluminium" workforce of 3,278 employees had the following composition: 1,455 Croats (44.4 per cent), 1,082 Bosnians (33 per cent) and 742 Serbs (22.6 per cent). The Government states that an inspection carried out in the "Soko" undertaking displayed a similar situation, with a composition of the 433 employees as of 31 March 2000 as follows: 414 Croats, nine Bosnians, and five Serbs. According to the Government, measures were taken concerning the obligations of the two enterprises in question to establish the legal status required of all employees who did meet the conditions set forth in section 143 of the Labour Code and who submitted applications in this respect. According to the findings at the disposal of the Government of the Federation of Bosnia and Herzegovina, this process has only led to severance payments, while there were no cases of return of such employees to work. The Committee notes this information and requests the Government to provide with its next report detailed information on those workers of the "Aluminium" and "Soko" factories whose employment relationship has formally been terminated in accordance with section 143, include their number, national extraction, and whether they received severance payments. The Government is also requested to provide detailed information on any claims brought by affected employees of these factories before the cantonal and federal commissions for the implementation of section 143 of the Labour Code, including the results of these proceedings.

6. The Committee also recalls the communications of the USIBH and the trade union organization of the "Ljubija" iron mine according to which the managers of the mine in question dismissed all the miners who were not Serbs, namely some 2,000 workers, during the civil war which ravaged the country from 1992 onwards. The Committee noted that the facts alleged by the USIBH are similar to those examined by the Governing Body within the context of the abovementioned representation under article 24, namely that there was dismissal (or non-reinstatement) of workers based solely on their national extraction and stressed that the principle laid down in the Convention is of universal application, that applies whatever the national extraction of the worker discriminated against may be. The Committee once again hopes that it will be possible to resolve this case, and trusts that in its next report the Government will make its comments in reply to these communications, indicating any progress made in respect of this case.

7. The Committee refers also to the comments made under Conventions Nos. 81 and 158.

In addition, a request regarding other points is being addressed directly to the Government.

Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

1. The Committee recalls that, at its 276th Session (November 1999), the Governing Body of the ILO approved the report of the Committee set up to examine the representation alleging non-observance by Bosnia and Herzegovina of Convention No. 111, made under article 24 of the ILO Constitution, by the Union of Autonomous Trade Unions of Bosnia and Herzegovina (USIBH) and the Union of Metalworkers (SM) and entrusted follow-up of its recommendations to the Committee of Experts (see GB.276/16/4, paragraph 23). According to the Committee of the Governing Body, the facts alleged by the USIBH and the SM - which were not contested by the Government - namely, the dismissal of workers solely on the grounds of their Serbian or Bosnian origin and their replacement by workers of Croatian origin, were corroborated by a consistent body of evidence. The Governing Body Committee therefore considered that the facts constituted a violation of Convention No. 111, since the type of discrimination described in the representation is of the kind prohibited by Article 1(a) of that instrument, in that it involved an exclusion based solely on national extraction or religious belief which had the effect of destroying equality of opportunity and treatment in employment and occupation between workers of Croatian extraction and the workers of Bosnian or Serbian extraction employed by the "Aluminium" and "Soko" undertakings. Although the representation refers only to Convention No. 111, the Governing Body Committee considered that the alleged facts also violated certain provisions of the Labour Inspection Convention, 1947 (No. 81), and the Termination of Employment Convention, 1982 (No. 158), both ratified by Bosnia and Herzegovina. The Committee of Experts therefore requested the Government to supply information on the manner in which it intended to apply the recommendations of the Governing Body Committee.

2. The Committee recalls that it had requested the Government to indicate in its next report the measures taken to ensure that the workers dismissed from the "Aluminium" and "Soko" factories solely on the grounds of their Bosnian or Serbian extraction or their religion: (a) receive adequate compensation for the damage that they have sustained; (b) receive payment of any wage arrears and any other benefits to which they would be entitled if they had not been dismissed; and (c) are as far as possible reinstated in their posts without losing length of service entitlements. It had also requested the Government to indicate whether a formal dismissal procedure, in accordance with the provisions of Convention No. 158, which has been ratified by Bosnia and Herzegovina, had been instituted, in the event that the reinstatement of all or some of the workers in question was not possible.

3. The Committee notes the communications sent to the Office by two workers’ organizations during the past 12 months under article 23, paragraph 2, of the ILO Constitution: the first is from the Autonomous Trade Union of Employees of the "Aluminium" Factory at Mostar in the Federation of Bosnia and Herzegovina (one of the two entities comprising Bosnia and Herzegovina) and consists of the workers currently employed by this factory; while the second communication is from the USIBH and the trade union organization of the iron mine "Ljubija", at Prijedor, in the Republika Srpska (the other constituent entity of Bosnia and Herzegovina).

4. Before addressing the communications the Committee considers it appropriate to note the adoption by the Federation of Bosnia and Herzegovina of a new Labour Code on 27 October 1999 (Act No. 271/1999) and particularly the content of sections 143 and 144, as amended in August 2000, concerning the severance pay due to workers who lost their employment because of the conflict which ravaged the country from 1992 onwards. Under section 143, a formal dismissal procedure must be initiated once a worker registered on the waiting list is still without employment six months after the date of entry into force of the new Labour Code (5 November 1999) or when a worker "on hold" (that is, who, at 31 December 1999, had found employment but requested clarification of his occupational status from his former employer in the three months following the entry into force of the Labour Code) so requested. Since the workers concerned had at least five years’ service, they will be entitled to severance pay calculated on the basis of the number of years of service and the average salary applied in the civil service of the Federation of Bosnia and Herzegovina. Sections 143(a), (b) and (c) describe the recourse open to workers who consider that their employer has violated the rights described in section 143 and provide, in particular, for a Cantonal Commission and a Federal Commission responsible for implementation of section 143. Section 144 affirms the entitlement of workers whose employment was "suspended" under the terms of the legislation in force before the entry into force of the new Labour Code (a suspension which is not recognized by the current Labour Code) to return to their former jobs or to other appropriate jobs within six months from the day of entry into force of Act No. 271/1999.

5. Communications of the Autonomous Trade Union of Employees of the "Aluminium" Factory. This organization states in its communication that (a) the adoption on 28 October 1999 of a new Labour Code, in particular sections 143 and 144, settles the problems raised by the USIBH in its representation concerning the workers who were unable to resume their employment at the end of the civil war because USIBH itself, citing sections 143 and 144, has brought this matter before the managers of the factory "Aluminium" who are in the process of examining it; and (b) that, if the recommendations of the Committee were to be implemented, the workers who were not covered by the USIBH representation would not have the same rights as those to whom the Committee’s recommendations were applied. On the one hand, there would be the former employees of the factory "Aluminium" who are currently unemployed and are of Croatian national extraction and could benefit only from application of the abovementioned provisions of the Labour Code; and, on the other, the former employees of the same factory, who are currently unemployed, but who would be able to benefit both from the new provisions of the Labour Code and from the recommendations of the ILO Governing Body Committee.

6. The Committee notes with interest the provisions of the new Labour Code which are designed to provide various levels of compensation to workers who lost their employment during the civil war. In the absence of information from the Government indicating how the managers of the "Aluminium" and "Soko" undertakings intend to link the application of the recommendations made by the ILO Governing Body with these new provisions or of how these workers have actually been compensated, the Committee considers that it is too soon to affirm that the provisions in question settle conclusively the situation of workers in the "Aluminium" and "Soko" factories which made a representation to the ILO under article 24 of the ILO Constitution. In regard to the argument proffered by the Autonomous Trade Union of Employees of the "Aluminium" Factory, namely that workers having made a representation to the ILO Governing Body would benefit not only from payment of the compensation provided in the Labour Code but also from that recommended by the ILO Governing Body, the Committee must insist that it is for the various parties concerned - the Government, the management of the two undertakings, and the workers who made the representation - to apply the provisions of the Labour Code and the recommendations of the Governing Body in such a way that the workers of the "Aluminium" and "Soko" factories who were unable to resume their former employment - solely on the basis of their ethnic origin and/or religious beliefs - can receive appropriate compensation.

7. In the light of the foregoing, the Committee requests the Government to indicate in its next report the measures taken to ensure that the workers dismissed from the "Aluminium" and "Soko" factories solely on the grounds of their Bosnian or Serbian extraction or their religion: (a) receive adequate compensation for the damage they have sustained; (b) receive payment of any wage arrears and any other benefits to which they would be entitled if they had not been dismissed; and (c) are as far as possible reinstated in their posts without losing length of service entitlements. Finally, the Committee would be grateful if the Government would supply statistical data on the national extraction of the current workforce in the "Aluminium" and "Soko" factories.

8. Communications of the USIBH and the trade union organization of the "Ljubija" iron mine. According to these organizations, the managers of the mine in question dismissed all the miners who were not Serbs from the abovementioned mine, namely some 2,000 workers, during the civil war which ravaged the country from 1992 onwards. The numerous internal appeals brought by the dismissed workers have not resulted in their reinstatement and the USIBH has placed the matter before the competent bodies of the ILO. The communication was transmitted to the Government for comment on 10 November 2000. Without entering into the substance of the allegations, the Committee can do no more than note that the facts alleged by the USIBH are similar to those examined by the Governing Body Committee within the context of the abovementioned article 24, namely that there was dismissal (or non-reinstatement) of workers based solely on their national extraction: in the "Aluminium" and "Soko" mines, the dismissed workers were all of Serbian or Bosnian origin; in the "Ljubija" mine, the dismissed workers are apparently all of Bosnian or Croatian origin. The Committee trusts that in its next report the Government will make its comments in reply to these communications. In any event, the Committee wishes to recall that the principle of equality of opportunity and treatment in employment and occupation, laid down in Article 1 of the Convention, is of universal application; namely, it applies whatever the national extraction of the worker discriminated against: be it Bosnian, Croatian or Serbian. The Committee expresses the hope that it will be possible to resolve this case in accordance with the developments set out in paragraphs 4 to 6 above.

9. The Committee is aware of the complexity of the situation in Bosnia and Herzegovina and that the country has recently emerged from a civil war fuelled essentially by ethnic and religious conflict. It is convinced that one of the best means of promoting national reconciliation and peace is the establishment of the rule of law and the formulation and implementation of a genuine national policy of equality of opportunity and treatment in all spheres, including employment and occupation. The Committee therefore reiterates the hope that a genuine national policy to promote equality of opportunity and treatment in respect of employment and occupation will be formulated and implemented so as to eliminate all discrimination in this sphere - as called for under Article 2 of the Convention - and that the Government will supply detailed information on the measures taken or envisaged in this connection in its next report. It also hopes to receive information on the measures taken to inform and train magistrates, labour inspectors and all other public servants concerned in the application of the Convention and trusts that the Government will send it a copy of the Ombudsman’s most recent report, taking into account his action in favour of human rights and the institution of the rule of law, referred to by the United Nations Committee for the Elimination of Racial Discrimination in Decision 6(53). Finally, the primary responsibility incumbent on the State to define and apply a national policy of equality of opportunity and treatment should not make it forget the essential role which must be played by employers’ and workers’ organizations in the promotion and application of the principle at the workplace, and the Committee would be grateful if the Government would supply detailed information on its methods of cooperation with employers’ and workers’ organizations to encourage acceptance and observance of this policy.

10. The Committee refers also to the comments made under Conventions Nos. 81 and 158.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 2000, published 89th ILC session (2001)

1.  The Committee recalls that, at its 276th Session (November 1999), the Governing Body of the ILO approved the report of the Committee set up to examine the representation alleging non-observance by Bosnia and Herzegovina of Convention No. 111, made under article 24 of the ILO Constitution, by the Union of Autonomous Trade Unions of Bosnia and Herzegovina (USIBH) and the Union of Metalworkers (SM) and entrusted follow-up of its recommendations to the Committee of Experts (see GB.276/16/4, paragraph 23). According to the Committee of the Governing Body, the facts alleged by the USIBH and the SM - which were not contested by the Government - namely, the dismissal of workers solely on the grounds of their Serbian or Bosnian origin and their replacement by workers of Croatian origin, were corroborated by a consistent body of evidence. The Governing Body Committee therefore considered that the facts constituted a violation of Convention No. 111, since the type of discrimination described in the representation is of the kind prohibited by Article 1(a) of that instrument, in that it involved an exclusion based solely on national extraction or religious belief which had the effect of destroying equality of opportunity and treatment in employment and occupation between workers of Croatian extraction and the workers of Bosnian or Serbian extraction employed by the "Aluminium" and "Soko" undertakings. Although the representation refers only to Convention No. 111, the Governing Body Committee considered that the alleged facts also violated certain provisions of the Labour Inspection Convention, 1947 (No. 81), and the Termination of Employment Convention, 1982 (No. 158), both ratified by Bosnia and Herzegovina. The Committee of Experts therefore requested the Government to supply information on the manner in which it intended to apply the recommendations of the Governing Body Committee.

2.  The Committee recalls that it had requested the Government to indicate in its next report the measures taken to ensure that the workers dismissed from the "Aluminium" and "Soko" factories solely on the grounds of their Bosnian or Serbian extraction or their religion: (a) receive adequate compensation for the damage that they have sustained; (b) receive payment of any wage arrears and any other benefits to which they would be entitled if they had not been dismissed; and (c) are as far as possible reinstated in their posts without losing length of service entitlements. It had also requested the Government to indicate whether a formal dismissal procedure, in accordance with the provisions of Convention No. 158, which has been ratified by Bosnia and Herzegovina, had been instituted, in the event that the reinstatement of all or some of the workers in question was not possible.

3.  The Committee notes the communications sent to the Office by two workers’ organizations during the past 12 months under article 23, paragraph 2, of the ILO Constitution: the first is from the Autonomous Trade Union of Employees of the "Aluminium" Factory at Mostar in the Federation of Bosnia and Herzegovina (one of the two entities comprising Bosnia and Herzegovina) and consists of the workers currently employed by this factory; while the second communication is from the USIBH and the trade union organization of the iron mine "Ljubija", at Prijedor, in the Republika Srpska (the other constituent entity of Bosnia and Herzegovina).

4.  Before addressing the communications the Committee considers it appropriate to note the adoption by the Federation of Bosnia and Herzegovina of a new Labour Code on 27 October 1999 (Act No. 271/1999) and particularly the content of sections 143 and 144, as amended in August 2000, concerning the severance pay due to workers who lost their employment because of the conflict which ravaged the country from 1992 onwards. Under section 143, a formal dismissal procedure must be initiated once a worker registered on the waiting list is still without employment six months after the date of entry into force of the new Labour Code (5 November 1999) or when a worker "on hold" (that is, who, at 31 December 1999, had found employment but requested clarification of his occupational status from his former employer in the three months following the entry into force of the Labour Code) so requested. Since the workers concerned had at least five years’ service, they will be entitled to severance pay calculated on the basis of the number of years of service and the average salary applied in the civil service of the Federation of Bosnia and Herzegovina. Sections 143(a), (b) and (c) describe the recourse open to workers who consider that their employer has violated the rights described in section 143 and provide, in particular, for a Cantonal Commission and a Federal Commission responsible for implementation of section 143. Section 144 affirms the entitlement of workers whose employment was "suspended" under the terms of the legislation in force before the entry into force of the new Labour Code (a suspension which is not recognized by the current Labour Code) to return to their former jobs or to other appropriate jobs within six months from the day of entry into force of Act No. 271/1999.

5.  Communications of the Autonomous Trade Union of Employees of the "Aluminium" Factory.  This organization states in its communication that (a) the adoption on 28 October 1999 of a new Labour Code, in particular sections 143 and 144, settles the problems raised by the USIBH in its representation concerning the workers who were unable to resume their employment at the end of the civil war because USIBH itself, citing sections 143 and 144, has brought this matter before the managers of the factory "Aluminium" who are in the process of examining it; and (b) that, if the recommendations of the Committee were to be implemented, the workers who were not covered by the USIBH representation would not have the same rights as those to whom the Committee’s recommendations were applied. On the one hand, there would be the former employees of the factory "Aluminium" who are currently unemployed and are of Croatian national extraction and could benefit only from application of the abovementioned provisions of the Labour Code; and, on the other, the former employees of the same factory, who are currently unemployed, but who would be able to benefit both from the new provisions of the Labour Code and from the recommendations of the ILO Governing Body Committee.

6.  The Committee notes with interest the provisions of the new Labour Code which are designed to provide various levels of compensation to workers who lost their employment during the civil war. In the absence of information from the Government indicating how the managers of the "Aluminium" and "Soko" undertakings intend to link the application of the recommendations made by the ILO Governing Body with these new provisions or of how these workers have actually been compensated, the Committee considers that it is too soon to affirm that the provisions in question settle conclusively the situation of workers in the "Aluminium" and "Soko" factories which made a representation to the ILO under article 24 of the ILO Constitution. In regard to the argument proffered by the Autonomous Trade Union of Employees of the "Aluminium" Factory, namely that workers having made a representation to the ILO Governing Body would benefit not only from payment of the compensation provided in the Labour Code but also from that recommended by the ILO Governing Body, the Committee must insist that it is for the various parties concerned - the Government, the management of the two undertakings, and the workers who made the representation - to apply the provisions of the Labour Code and the recommendations of the Governing Body in such a way that the workers of the "Aluminium" and "Soko" factories who were unable to resume their former employment - solely on the basis of their ethnic origin and/or religious beliefs - can receive appropriate compensation.

7.  In the light of the foregoing, the Committee requests the Government to indicate in its next report the measures taken to ensure that the workers dismissed from the "Aluminium" and "Soko" factories solely on the grounds of their Bosnian or Serbian extraction or their religion: (a) receive adequate compensation for the damage they have sustained; (b) receive payment of any wage arrears and any other benefits to which they would be entitled if they had not been dismissed; and (c) are as far as possible reinstated in their posts without losing length of service entitlements. Finally, the Committee would be grateful if the Government would supply statistical data on the national extraction of the current workforce in the "Aluminium" and "Soko" factories.

8.  Communications of the USIBH and the trade union organization of the "Ljubija" iron mine.  According to these organizations, the managers of the mine in question dismissed all the miners who were not Serbs from the abovementioned mine, namely some 2,000 workers, during the civil war which ravaged the country from 1992 onwards. The numerous internal appeals brought by the dismissed workers have not resulted in their reinstatement and the USIBH has placed the matter before the competent bodies of the ILO. The communication was transmitted to the Government for comment on 10 November 2000. Without entering into the substance of the allegations, the Committee can do no more than note that the facts alleged by the USIBH are similar to those examined by the Governing Body Committee within the context of the abovementioned article 24, namely that there was dismissal (or non-reinstatement) of workers based solely on their national extraction: in the "Aluminium" and "Soko" mines, the dismissed workers were all of Serbian or Bosnian origin; in the "Ljubija" mine, the dismissed workers are apparently all of Bosnian or Croatian origin. The Committee trusts that in its next report the Government will make its comments in reply to these communications. In any event, the Committee wishes to recall that the principle of equality of opportunity and treatment in employment and occupation, laid down in Article 1 of the Convention, is of universal application; namely, it applies whatever the national extraction of the worker discriminated against: be it Bosnian, Croatian or Serbian. The Committee expresses the hope that it will be possible to resolve this case in accordance with the developments set out in paragraphs 4 to 6 above.

9.  The Committee is aware of the complexity of the situation in Bosnia and Herzegovina and that the country has recently emerged from a civil war fuelled essentially by ethnic and religious conflict. It is convinced that one of the best means of promoting national reconciliation and peace is the establishment of the rule of law and the formulation and implementation of a genuine national policy of equality of opportunity and treatment in all spheres, including employment and occupation. The Committee therefore reiterates the hope that a genuine national policy to promote equality of opportunity and treatment in respect of employment and occupation will be formulated and implemented so as to eliminate all discrimination in this sphere - as called for under Article 2 of the Convention - and that the Government will supply detailed information on the measures taken or envisaged in this connection in its next report. It also hopes to receive information on the measures taken to inform and train magistrates, labour inspectors and all other public servants concerned in the application of the Convention and trusts that the Government will send it a copy of the Ombudsman’s most recent report, taking into account his action in favour of human rights and the institution of the rule of law, referred to by the United Nations Committee for the Elimination of Racial Discrimination in Decision 6(53). Finally, the primary responsibility incumbent on the State to define and apply a national policy of equality of opportunity and treatment should not make it forget the essential role which must be played by employers’ and workers’ organizations in the promotion and application of the principle at the workplace, and the Committee would be grateful if the Government would supply detailed information on its methods of cooperation with employers’ and workers’ organizations to encourage acceptance and observance of this policy.

10.  The Committee refers also to the comments made under Conventions Nos. 81 and 158.

Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

1. The Committee notes that at its 276th Session (November 1999), the Governing Body of the ILO approved the report of the committee set up to examine the representation examining non-observance by Bosnia and Herzegovina of Convention No. 111, made under article 24 of the ILO Constitution by the Union of Autonomous Trade Unions of Bosnia and Herzegovina (USIBH) and the Union of Metalworkers (SM). According to this committee, the facts alleged by the USIBH and the SM - which are not contested by the Government - that is, the dismissal of workers solely on the grounds of their Serbian or Bosnian origin and their replacement by workers of Croatian origin, are corroborated by a coherent body of evidence. The Governing Body committee therefore considered that the facts, as described by the USIBH and the SM, constitute a violation of Convention No. 111, since the type of discrimination described in the representation is of the kind prohibited by Article 1(a) of that instrument, in that it involves an exclusion based solely on national extraction or religious belief which has the effect of destroying equality of opportunity and treatment in employment and occupation between workers of Croatian extraction and the workers of Bosnian or Serbian extraction employed by the "Aluminium" and "Soko" undertakings. Although the representation refers only to Convention No. 111, the Governing Body considers that the alleged facts also violate certain provisions of the Labour Inspection Convention, 1947 (No. 81), and the Termination of Employment Convention, 1982 (No. 158), both ratified by Bosnia and Herzegovina. In its recommendations, the Governing Body entrusted the follow-up of this matter to the Committee of Experts.

2. The Committee, like the Governing Body, is aware of the complexity of the situation in Bosnia and Herzegovina, and that the country has recently emerged from a civil war essentially fuelled by ethnic and religious conflict. It notes in this connection that the United Nations Committee on the Elimination of Racial Discrimination, in its Decision 6(53) on Bosnia and Herzegovina of August 1998 (A/53/18, paragraph IIB6), expressed "its alarm about the many violations of human rights in Bosnia and Herzegovina and the depth of the persisting divisions reflecting clear patterns of discrimination and separation based on national and ethnic origin", despite important progress made in certain fields. The Committee is therefore convinced that one of the best means of promoting national reconciliation and peace is the establishment of the rule of law and the formulation and implementation of a genuine national policy of equality of opportunity and treatment in all spheres - including in employment and occupation. It therefore welcomes the fact that the human rights and freedoms set forth in many international instruments protecting human rights annexed to the Constitution have the binding force of the provisions of the Constitution and are applied in the entire territory of Bosnia and Herzegovina. It notes that under the Constitution all courts, all administrative bodies and all bodies exercising public authority are obliged to apply and respect the rights and freedoms enshrined in these instruments.

3. The Committee therefore requests the Government to indicate in its next report the measures taken to ensure that the workers dismissed from the "Aluminium" and "Soko" factories solely on the grounds of their Bosnian or Serbian extraction or their religion: (a) receive adequate compensation for the damage that they have sustained; (b) receive payment of any wage arrears and any other benefits to which they would be entitled if they had not been dismissed; and (c) are as far as possible reinstated in their posts without losing length of service entitlements. It also requests the Government to indicate whether a formal dismissal procedure, in accordance with the provisions of Convention No. 158, which has been ratified by Bosnia and Herzegovina, has been instituted, in the event that the reinstatement of all or some of the workers in question is not possible.

4. In more general terms, the Committee hopes that a genuine national policy to promote equality of opportunity and treatment in respect of employment and occupation will be formulated and implemented so as to eliminate all discrimination in this sphere - as called for under Article 2 of the Convention - and that the Government will supply detailed information on the measures taken in this connection in its next report. It also hopes to receive information on the measures taken to inform and train magistrates and labour inspectors and all other public servants concerned in the application of the Convention. Finally, noting the action of the Federation Ombudsman to promote human rights and the establishment of the rule of law, referred to by the United Nations Committee for the Elimination of Racial Discrimination in Decision 6(53) on Bosnia and Herzegovina, the Committee requests the Government to transmit a copy of the Ombudsman's most recent report.

5. See also the comments made under Conventions Nos. 81 and 158.