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

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

The Committee takes note of the Government’s report dated 31 May 2006. The Committee takes note of the discussion concerning the application of this Convention which took place at the Conference Committee in June 2006, and observes that it requested the Government to send a complete report for the next session of the Committee of Experts explaining the legal situation in the country regarding registration and to report any progress achieved in relation to improvements in the application of the Convention. The Committee regrets that the Government did not send this report. Furthermore, the Committee notes the comments made by the International Confederation of Free Trade Unions (ICFTU) dated 12 July and 10 August 2006 mainly concerning issues already raised.

Article 2 of the Convention. 1. Requirement of previous authorization for the establishment of employers’ and workers’ organizations. The Committee recalls that in its previous comments it had noted that article 32 of the Law on the Associations and Foundations of Bosnia and Herzegovina authorizes the Minister of Justice 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 takes note of the Government’s indication that activities and preparations are under way to change this law, specifically section 32. The Committee recalls that it considers that legislation which makes the registration and acquisition of legal personality a prerequisite for the existence and functioning of organizations and, at the same time, does not clearly define the reasons for refusal to grant a registration request, confers on the competent authority a genuinely discretionary power which is tantamount to a requirement for previous authorization. Problems of compatibility with the Convention may also arise where the registration procedure is long and complicated, raising serious obstacles to the establishment of organizations which amount to a denial of the right of workers and employers to establish organizations without previous authorization (see 1994 General Survey on freedom of association and collective bargaining, paragraphs 73-74 and 76). The Committee hopes that the activities and preparations that are under way to change the Law on the Associations and Foundations of Bosnia and Herzegovina will be finalized in the very near future and that the amendments will ensure that workers and employers can freely establish organizations of their own choosing without previous authorization. The Committee requests that the Government keep it informed in this regard.

2. Registration of the Confederation of Independent Trade Unions of Bosnia and Herzegovina. The Committee further recalls that in its previous observation it had noted the unreasonable period which had elapsed since the filing of a registration request by the Confederation of Independent Trade Unions of Bosnia and Herzegovina and had requested information on the measures taken or contemplated in order to grant registration to this organization as soon as possible. The Committee takes note of the Government’s statement made at the Conference Committee in June 2006 that efforts were being made to resolve the registration problem of the Confederation of Independent Trade Unions of Bosnia and Herzegovina and that a process to reform the legislation had been initiated to facilitate such registration. The Committee once again requests the Government to take all necessary measures so as to register the Confederation of Independent Trade Unions of Bosnia and Herzegovina promptly and to indicate in its next report progress made in this respect.

The Committee recalls that in its previous comments the Confederation of Independent Trade Unions of Bosnia and Herzegovina had stated that the absence of registration created a risk of confiscating the organization’s belongings and preventing it from participating in the Economic and Social Council, regardless of the fact that it was the most representative workers’ organization. The Committee takes note of the Government’s statement made at the Conference Committee in June 2006 that the absence of registration did not prevent organizations from participating in social dialogue. The Committee asks the Government to confirm that the Confederation of Independent Trade Unions of Bosnia and Herzegovina can participate in the Economic and Social Council.

3. Registration of employers’ confederations. In its previous comments, the Committee had requested the Government to provide in its next report information on the legislative measures taken so as to enable employers’ confederations to obtain registration in the future 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. The Committee once again requests the Government to provide this information in its next report.

4. Registration procedure. The Committee recalls that in its previous comments it had noted the need to amend the legislation so as to provide more reasonable time limitations (sections 30(2), 34 and 35 of the Law on the Associations and Foundations of Bosnia and Herzegovina) 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 (dissolution of the organization in question or cancellation of its registration). The Committee notes that, in its report, the Government indicates that under the activities of reviewing the Law on the Associations and Foundations of Bosnia and Herzegovina, the provisions shall also be reviewed in order to ensure some more reasonable timeframes for registration of employer and worker organizations. The Committee takes note of this information and hopes that the review of sections 30(2), 34 and 35 of the Law on the Associations and Foundations of Bosnia and Herzegovina will be finalized in the very near future. The Committee requests to be kept informed on this matter.