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

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

1. Legislative developments on gender equality. The Committee noted previously the adoption of the Law on Gender Equality (No. 56/03), which takes a comprehensive approach through prohibiting gender discrimination at all levels of society, imposing a positive duty to prevent sexual harassment and gender discrimination, and envisaging policies and programmes to promote equality. The Committee had also noted that the Law on Gender Equality provides that collective agreements and entity legislation are to be brought into conformity with its provisions. The Committee notes that the Government sought ILO assistance in this regard and that in May 2006, an ILO workshop on the harmonization of entity legislation with the Gender Equality Law and implementation of the Gender Equality Law was held in Sarajevo. The Committee again 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. 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, including concrete action taken to follow-up on the conclusions of the ILO workshop. The Committee also requests information on the status of the gender action plan.

2. Discrimination on the grounds of national extraction or religious belief. In its previous comments, the Committee recalled the conclusions of the Governing Body, from November 1999, that workers had been dismissed from two undertakings on the grounds of national extraction or religious belief (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)). The Committee also noted the adoption of the legislation designed to provide compensation to workers who lost their employment during the civil war. The Committee also recalled the communications of the USIBH and the trade union organization of the “Ljubija” iron mine concerning the dismissal by another undertaking during the civil war on the ground of the national extraction of the workers. The Committee notes the Government’s statement that in the case of one of the factories (Aluminij), the Government, in agreement with the management of the company sent out a public invitation to all the dismissed workers to report for work; however, at the request of the trade union, the invitation was temporarily withdrawn until the privatization process was completed. In the case of the Ljubija mine, the Government recalls that pursuant to the legislation, the dismissed workers are entitled to severance pay, and that a Commission has been established to deal with individual applications for severance pay. The Government states further that it is making efforts to secure the funds to cover the severance pay. The Government notes that a report regarding the exercise of the rights of these workers was to be discussed in June 2006 by the National Assembly. Noting that the Government is continuing to make efforts to resolve these matters, the Committee requests the Government to provide information on progress achieved, including statistics available on the number of workers who have benefited from the legislative provisions regarding compensation, and those who have been reinstated. The Committee also requests information on the outcome of the discussion by the National Assembly on the report on this matter, and any action taken or envisaged as a result thereof.

The Committee is raising other matters in a request addressed directly to the Government.