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

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Bosnia and Herzegovina (Ratification: 1993)

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.