Demande directe (CEACR) - adoptée 2008, publiée 98ème session CIT (2009)

The Committee has noted with interest the information provided by the Government in its first and second reports on the application of the Convention. It requests the Government to provide, in its next report, additional information on the following points:

Communication of texts. The Committee requests the Government to supply, with its next report, copies of laws on execution of the criminal and misdemeanour sanctions in the Republika Srpska and the district of Brcko, as well as the Law on Defence of Bosnia and Herzegovina, to which reference has been made in the Government’s reports.

Articles 1(1) and 2(1) of the Convention. 1. Freedom of civil servants to leave their service. The Committee notes that under section 50(1)(a) of the Law on Civil Service in the Institutions of Bosnia and Herzegovina, civil servants may voluntary resign from the service. However, under section 51(1), a civil servant will be dismissed by the agency upon prior opinion of the competent institution. The Committee requests the Government to clarify the procedure for the resignation of civil servants, indicating, in particular, whether their request can be refused by the competent authority and what could be the grounds for refusal.

2. Freedom of career members of the armed forces to leave their service. Please indicate any provisions applicable to military officers and other career members of the armed forces, as regards their right to leave the service, in time of peace, at their own request, either at certain reasonable intervals or by means of notice of reasonable length.

Article 2(2)(a). Use of services exacted under compulsory military service laws. Please indicate what guarantees are provided to ensure that services exacted under compulsory military service laws are used for purely military ends.

Article 2(2)(c). Prison labour. The Committee has noted Regulations of 30 June 2005 on remuneration of prisoners’ work in the penitentiary establishments. Please supply copies of any other provisions governing the work of persons serving a sentence of imprisonment. Please indicate whether such work shall be in all cases performed in enterprises belonging to the executive penal system or in other state-owned enterprises, and what guarantees are provided to ensure that convicted prisoners are not hired to or placed at the disposal of private individuals, companies and associations.

Article 2(2)(d). Cases of emergency. The Committee notes the Government’s statement in its first report on the application of the Convention that the national legislation shall secure that the work exacted in the situation of emergency is carried out only in justified instances and only during the period of the duration of such a situation. The Committee requests the Government to provide a copy of the provisions governing these issues. Please also state what guarantees are provided to ensure that the power to call up labour during a state of emergency is limited to what is strictly required by the exigencies of the situation and that work exacted in case of emergency shall cease as soon as the circumstances that endanger the population or its normal living conditions no longer exist.

Article 25. Penalties for the illegal exaction of forced or compulsory labour. Trafficking in persons. The Committee notes the provisions of section 186 of the Criminal Code of Bosnia and Herzegovina punishing trafficking in persons for the purpose of exploitation with severe penalties of imprisonment. The Committee requests the Government to provide information on the application of section 186 in practice, supplying sample copies of the relevant court decisions and indicating the penalties imposed. Please indicate whether similar provisions have been adopted in the Republika Srpska and the Brcko district. Please also provide information on measures to prevent, suppress and punish trafficking in persons for the purpose of exploitation, which have been taken under the Action Plan for Prevention of Human Trafficking (2001) and the Regulations on the protection of foreigners who have become victims of trafficking in persons (of 23 June 2004), supplying copies of the relevant documents and available statistics. Please indicate whether any proceedings concerning the illegal exaction of forced or compulsory labour have been instituted under other provisions of the Criminal Code, such as e.g. section 147 of the Criminal Code of Bosnia and Herzegovina (unlawful deprivation of a person’s freedom) or section 185 (slavery) and corresponding sections of the Criminal Codes of the Republika Srpska (section 145) and the Brcko district (section 176), and supply information on the penalties imposed.