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