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

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

1. The Committee notes the information provided in the Government’s report. The Committee notes, however, that the Government has not replied to all the issues raised in the Committee’s previous comment, including those relating to the communications from the Confederation of Independent Trade Unions of Bosnia and Herzegovina (SSSBiH) and the Confederation of Trade Unions of the Republika Srpska. The Committee is, therefore, obliged to repeat a number of issues previously raised, and urges the Government to reply fully to all the issues in its next report.

2. Article 1 of the Convention. Inherent requirements of the job. The Committee noted in its previous comment that the Law on Gender Equality, 2003, does not prohibit “standards, criteria or practices that may be objectively justified by the achievement of a lawful aim proportion [sic] to necessary and justified measures …” (article 3). The Committee recalls that the exception permitted under Article 1(2) of the Convention must be based on the inherent requirements of a particular job. This exception must be interpreted strictly in order to avoid undue limitation of the protection provided under the Convention. The Committee again expresses the hope that the exceptions permitted in the Law on Gender Equality will be applied in accordance with the Convention, and limited to matters related to the inherent requirements of the job. It invites the Government to provide information on the practical application of this provision.

3. Article 2. Practical application. The Committee noted previously the comments of the SSSBiH and the Confederation of Trade Unions of the Republika Srpska acknowledging the existence of appropriate legislative provisions, though stressing the problems of practical application, particularly with respect to discrimination based on sex, age, religious belief, national extraction and political opinion. The Government is, therefore, again 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 employers’ and workers’ organizations.

4. Equality of opportunity and treatment of men and women. The Committee notes the Government’s statement acknowledging the role of the Gender Equality Agency and the Gender Centres in monitoring and supervising the implementation of the Law on Gender Equality. The Government states that these bodies provide continuous education and awareness raising on the issue of equality and tolerance in society. The Committee also notes the statistics provided by the Government, indicating occupational segregation and a low percentage of women in management positions (14 per cent). The Committee requests the Government to provide details on the activities of the Gender Equality Agency, including the outcome of any monitoring and supervision, and to forward a copy of the annual report. It also requests specific information concerning the initiatives of the Gender Centres. In addition, the Committee requests information on any measures taken or envisaged to increase the proportion of women in decision-making positions and in jobs other than those traditionally occupied by women.

5. Equality of opportunity and treatment irrespective of race, colour and national extraction. The Committee again notes the reference in the opinion on Bosnia and Herzegovina of the Advisory Committee on the Framework Convention for the Protection of National Minorities to a law of 2003 on the Protection of the Rights of Persons Belonging to National Minorities (opinion adopted on 27 May 2004, No. ACFC/INF/OP/I (2005) 003). The Advisory Committee also notes that the Roma are a particularly vulnerable group and exposed to widespread discrimination, including in employment and education (pages 15, 26 and 37). The Advisory Committee points to the need to design and develop a comprehensive strategy at all levels to tackle the problems facing the Roma (pages 16, 35 and 40). The Committee also notes the concerns raised by the Committee on the Elimination of Racial Discrimination regarding the situation of the Roma, in particular regarding the following: lack of resources for the Roma Council; the absence of specific measures identified in the National Strategy for Roma, as well as insufficient funds allocated to support the strategy; the existence of administrative obstacles to Roma enjoying rights such as employment; and the generally low representation of Roma in the labour market and of Roma children in schools (CERD/C/BIH/CO/6, paragraphs 14, 15, 17, 19 and 22). The Committee again requests the Government to provide a copy of the law of 2003 on the Protection of the Rights of Persons Belonging to National Minorities, and any information on its implementation as it relates to the Convention. It further requests the Government to provide information on any measures taken to promote equality of opportunity and treatment of the Roma in education and employment and occupation, including involving the Roma Council and the National Strategy for Roma.

6. Parts III and IV of the report form. Enforcement. The lack of effective enforcement was raised in the communication of the Confederation of Trade Unions of the Republika Srpska. The Committee had previously noted in this regard that article 19 of the Law on Gender Equality provides that the courts have jurisdiction to deal with violations of the Law. The Labour Law of the Republika Srpska, and the Labour Law of the Federation of Bosnia and Herzegovina provide a role to the courts as well as the labour inspectors. The Committee had also noted that complaints of discrimination were rarely made to labour inspectors or brought before the courts. The Committee notes the Government’s statement that no information is available on the number, nature and outcome of complaints related to discrimination in employment filed with courts, labour inspectors and any other competent body. The Committee notes the importance of ensuring that rights do not merely exist in law, but that they are applied in practice, including providing for adequate enforcement. The Committee hopes that the Government will take measures to improve the capacity of labour inspectors to prevent, detect and redress discriminatory practices, including strengthening the participation of workers’ representatives in the process of inspection, and requests that information in this regard be included in its next report. The Committee would welcome receiving information on the number of complaints of discrimination investigated by the labour inspectors, and the results of these investigations. The Committee also urges the Government to collect relevant court decisions regarding allegations of discrimination under the State and entity laws, and to make these available to the Committee.

7. Part V of the report form. Statistics. The Committee notes the statistics provided by the Government disaggregated by sex. The Committee requests the Government to continue to provide such statistics, as well as statistics disaggregated to the extent possible by race, religion and national extraction.