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

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Bosnia and Herzegovina (Ratification: 1993)

The Committee notes that the Government’s report has not been received. It also takes note of the comments of the Confederation of Independent Trade Unions of Bosnia and Herzegovina (CITU of BiH), dated 29 July 2004, concerning the follow-up to the conclusions and recommendations of the Committee on Freedom of Association in Case No. 2225.

Article 2 of the Convention. The right of workers and employers to form organizations of their own choosing. 1. The Committee notes that in its conclusions and recommendations in Case No. 2225, the Committee on Freedom of Association deplored the unreasonable period which has elapsed since the filing of a registration request by the CITU of BiH, and noted that the refusal to register this longstanding organization on clearly unjustified grounds was a violation of Article 2 of the Convention, strongly requesting the Government to take all necessary measures urgently with a view to rapidly finalizing the registration of this Confederation. The Committee notes that, according to the CITU of BiH, the Government still refuses to grant registration and has impeded the initiation of court proceedings on this issue by indicating in June 2004 that a government commission in charge of examining complaints prior to their submission to Court has no seal and therefore cannot operate. The CITU of BiH adds that this refusal, which is aimed at confiscating the organization’s belongings and disqualifying it from operating at the level of the whole country, takes place in the context of ongoing preparations for the establishment of the Economic and Social Council, to which it will be unable to participate regardless of the fact that it is the most representative workers’ organization with the largest number of members. It will also be prevented from engaging in collective bargaining.

The Committee recalls that according to Article 7 of the Convention, when legislation makes the acquisition of legal personality a prerequisite for the existence and functioning of organizations, the conditions for acquiring legal personality must not be such that they amount to a de facto requirement for previous authorization to establish an organization, which would be tantamount to calling into question the application of Article 2 of the Convention (see General Survey on freedom of association and collective bargaining, 1994, paragraph 76). The Committee requests the Government to indicate in its next report the measures taken or contemplated in order to grant registration to the CITU of BiH as soon as possible.

The Committee notes that this is the third reported case of serious delay in registering a national employers’ or workers’ organization. It notes however, with interest that one of these organizations, the Associated Workers’ Trade Union of Bosnia and Herzegovina (URS/FbiH), has now been registered at federal level (see 334th Report of the Committee on Freedom of Association, Case No. 2053, paragraphs 12-14).

As regards employers’ organizations, the Committee must once again request the Government to take all necessary measures in the very near future to amend its legislation so as to ensure that employers’ confederations can obtain registration under a status conducive to the full and free development of their activities as employers’ organizations both at the level of the Republic of Bosnia and Herzegovina and its two entities, and to indicate the progress made in this regard in its next report. The Committee further requests the Government once again to provide information on the measures taken for the effective registration of the Employers’ Confederation of the Republic of Bosnia and Herzegovina.

2. The Committee also notes that the Committee on Freedom of Association has drawn its attention to the legislative aspects of Case No. 2225, in particular, article 32 of the Law on the Associations and Foundations of Bosnia and Herzegovina which authorizes the Minister of Civil Affairs and Communication to accept or refuse a request for registration and provides that the request shall be considered as rejected if the Minister does not adopt a decision within 30 days. The Committee notes that according to the CITU of BiH, there has been no initiative so far to bring the legislation into conformity with the Convention. The Committee notes that it has already raised this point with the Government in a direct request and requests the Government to provide its response to all of the Committee’s comments contained therein.

3. The Committee finally recalls that in its previous comments it had raised the issue of the time limitations prescribed in sections 30(2), 34 and 35 of the Law on the Associations and Foundations of Bosnia and Herzegovina in relation to the registration of an association, including employers’ and workers’ organizations, and had noted that these limits are very short and entail in case of non-implementation, disproportionate penalties such as the dissolution of the organization in question or the cancellation of its registration. The Committee once again requests the Government to amend the legislation so as to provide more reasonable limitations with respect to the registration of employers’ and workers’ organizations and to ensure that they shall not suffer disproportionate consequences as a result of a delayed request.

The Committee trusts that the Government will make every effort to submit its report and to take the necessary action in the very near future with a view to addressing the pending comments of the Committee.