Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

Vocational Rehabilitation and Employment (Disabled Persons) Convention, 1983 (No. 159) - Bosnia and Herzegovina (Ratification: 1993)

The Committee notes the information provided by the Government in its first report on the application of the Convention covering the period 1992–2006, received in December 2006. Noting that each of the entities constituting Bosnia and Herzegovina, namely the Federation of Bosnia and Herzegovina and the Republika Srpska, is autonomous with regard to labour and employment issues, the Committee asks to be provided with additional information concerning the implementation of the texts adopted by each entity and requests a report that will allow the examination of the measures adopted to give effect to the following provisions of the Convention.

1. Article 2 of the Convention. Policy on vocational rehabilitation and employment of persons with disabilities. The Committee notes that, according to the Government’s report, there appears to be no special policies on the vocational rehabilitation and employment of persons with disabilities. It therefore follows that there are no mechanisms to periodically review such a national policy. The Committee requests information on the steps being taken in accordance with the conditions on practice and possibilities prevailing in the Federation of Bosnia and Herzegovina and the Republika Srpska to formulate, implement and periodically review a national policy on vocational rehabilitation and employment of disabled persons.

2. Articles 3, 6, 7 and 8. Vocational rehabilitation measures for all categories of persons with disabilities. The Government’s report provides that vocational rehabilitation measures are made available to all categories of persons with disabilities. It also states that competent authorities in Bosnia and Herzegovina shall take measures in order to provide the necessary services to enable persons with disabilities to secure, retain and advance in employment. In addition, local administration authorities are empowered to establish and develop vocational rehabilitation and employment services in rural areas and remote communities. The Committee invites the Government to provide details on the operation and evaluation of the programmes undertaken in the Federation of Bosnia and Herzegovina and in the Republika Srpska to promote employment opportunities for persons with disabilities in the open labour market. Furthermore, the Committee would appreciate details on the various services available to enable persons with disabilities to secure, retain and advance in employment, as well as practical information on the activities of local authorities to extend such services to rural areas and remote communities.

3. Article 4. Equality of opportunity and treatment. The Government’s report provides that in the Federation of Bosnia and Herzegovina, priority is given to special positive measures aimed at creating equality of opportunity for persons with disabilities. However, in practice, such measures have not proved to be very successful, as employers still avoid hiring persons with disabilities. The laws of the Republika Srpska ensure equality of opportunity through special positive measures that provide those persons with less than 40 per cent of a registered disability the right to employment under general conditions, while those with greater than 40 per cent have the right to employment under special conditions. The Committee requests the Government to provide more information on the special positive measures implemented that are aimed at creating effective equality of opportunity and treatment between workers with disabilities and other workers as well as the steps taken or envisaged to ensure that such measures have impact, together with any statistical data on the employment of persons with disabilities, disaggregated by sex.

4. Article 5. Consultation with representative organizations of employers and workers. The Government’s report indicates that representative organizations of employers and workers, as well as representative organizations of and for persons with disabilities, are consulted in formulating and realizing measures to implement vocational rehabilitation policies. The Committee requests the Government to describe the manner in which such organizations are consulted in the implementation of the policy in both the Federation of Bosnia and Herzegovina and the Republika Srpska.

5. Article 9. Training and availability of rehabilitation counsellors and other suitably qualified staff. The Government’s report indicates that it aims at ensuring the training and availability of rehabilitation counsellors and other suitably qualified staff responsible for the professional rehabilitation and employment of persons with disabilities. However, this process is hindered by the lack of available qualified staff. In order to address this, steps are being taken to train existing staff. The Committee would appreciate receiving in the Government’s next report further information on how the availability of suitably qualified vocational rehabilitation staff is being ensured in both the Federation of Bosnia and Herzegovina and the Republika Srpska.

6. Part V of the report form. The Committee requests the Government to provide specific practical information, such as statistics, extracts from reports, studies and inquiries, concerning the matters covered by the Convention and to continue providing information on the practical impact of the measures adopted to implement in the Federation of Bosnia and Herzegovina and the Republika Srpska a policy on vocational rehabilitation and employment of persons with disabilities within the meaning of the Convention.