Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

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

Follow-up to representation pursuant to article 24 of the ILO Constitution. The Committee recalls the communication of the International Trade Union Confederation (ITUC) and the Confederation of Independent Trade Unions of Bosnia and Herzegovina (SSS BiH), dated 20 August 2009, referring to the conclusions of the Governing Body of November 1999, regarding workers who had been dismissed from two undertakings on the ground of national extraction or religious belief. The conclusions had been made in the context of 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). In its communication, ITUC and SSS BiH state that the situation has not been resolved and, in addition, indicates generally that there have been more and more cases of open violations of the Convention, noting specifically discriminatory job advertisements. Noting that the Government’s report does not contain any information in this regard, the Committee urges the Government to provide specific information on the progress of implementation of the recommendations of the Governing Body, and with respect to the measures taken or envisaged to address discriminatory job advertisements.

Article 1 of the Convention. Legislative developments. The Committee notes with interest the adoption of the Prohibition of Discrimination Act of Bosnia and Herzegovina (BiH) (No. 59/09, entry into force 5 August 2009). The Act defines and prohibits direct and indirect discrimination, including in employment, entrepreneurship, education and training, on a range of grounds, whether real or assumed, namely race, skin colour, language, religion, ethnic affiliation, national or social origin, connection to a national minority, political or any other persuasion, property, membership in trade union or other association, education, social status and sex, sexual expression or sexual orientation (sections 2, 3 and 6). The Act also includes harassment, sexual harassment, mobbing, assistance and incitement to discriminate as forms of discrimination (section 4). The Committee notes that “employment” under the Act includes work and working conditions, including access to employment, occupation and self-employment, working conditions, remuneration, promotions and dismissals; “training” includes all types and all levels of professional training, additional qualifications and requalifications, including gaining practical working experience (section 6). The mandate of the Ombud for Human Rights includes receiving individual and group complaints related to discrimination, collecting and analysing statistical data on discrimination cases, conducting surveys on discrimination, raising awareness of issues related to racism and racial discrimination in society, and improving policies and practices aimed at ensuring equal treatment (section 7). A claim can also be brought before the courts (sections 11 and 12). The Ministry for Human Rights and Refugees is to keep a database of discrimination cases (section 8). The Act also provides for the shifting of the burden of proof and protection against retaliation (sections 15 and 18). The Committee asks the Government to provide information on the practical application of the Prohibition of Discrimination Act, including the number and nature of complaints brought before the courts, the administrative bodies and the Ombud for Human Rights and the outcome thereof, including the remedies provided and sanctions imposed, as well as details regarding the other activities of the Ombud foreseen under the Act. Noting the Government’s statement that the Rulebook on the method of collecting data on cases of discrimination and the obligations arising from the adoption of the Act was being finalized, the Committee requests the Government to provide a summary of the Rulebook once it has been finalized.

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