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

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Articles 1 and 2 of the Convention. Policy on vocational rehabilitation and employment. The Government refers in its report to the continuing economic problems and the large remaining number of persons with disabilities as a result of the war. The Committee notes that in the second half of 2010 the National Assembly of the Republika Srpska adopted the Strategy for Improving the Social Status of Persons with Disabilities 2010–15. The Strategy, based on the experiences of the past ten years in the public and non-governmental sectors, aims to provide equal opportunities and to meet the specific needs of persons with disabilities. In reply to the previous comments, the Government indicates that data on persons with disabilities is not being consistently collected but monitored indirectly, based on statistical information from the social security system. The Government further indicates that preparation has commenced in view of a new strategic policy document in the field of disability for the 2016–20 period. In the Federation of Bosnia and Herzegovina, the Strategy on the Equalization of Opportunities for Persons with Disabilities 2011–15 encompasses defining the concept of vocational rehabilitation and implementation methods through action plans at the local level and of monitoring. It also provides relief for entities who engage in vocational rehabilitation and employment of persons with disabilities and the establishment of a Fund for Vocational Rehabilitation and Employment of Persons with Disabilities. Between 2010 and 30 April 2015, this Fund allocated 13,547,054.31 Bosnia and Herzogovinan convertible marka (BAM) to employers employing persons with disabilities and sponsored projects providing for employment, including self-employment, and brought 1,025 persons with disabilities (924 men and 101 women) into employment. The Committee requests the Government to continue to provide information on the manner in which the national policy on vocational rehabilitation and employment of persons with disabilities is implemented and periodically reviewed in the entities of Bosnia and Herzegovina, including in the Brčko District. Please also provide practical information, such as statistics disaggregated by sex, age and disability, extracts from reports, studies and inquiries, concerning the matters covered by the Convention, and information on the impact of the measures adopted to implement a policy on vocational rehabilitation and employment of persons with disabilities in the entities of the country.

Articles 3, 4, 6, 7 and 8. Vocational rehabilitation measures for all categories of persons with disabilities and employment in the open labour market. The Committee notes that the 2011–15 Strategy and the Law on Vocational Rehabilitation, Training and Employment of Persons with Disabilities of the Federation of Bosnia and Herzegovina stipulate equal rights for persons with disabilities for vocational rehabilitation and employment, regardless of the level, type and origin of disability. The Law introduced the obligation of employing persons with disabilities on the basis of a quota system requiring all employers to employ at least one person with disabilities out of every 16 employees. While employers employing persons with disabilities enjoy special incentives to compensate for the higher labour costs, employers who do not comply with the quota are obliged to pay a special contribution for the improvement of vocational rehabilitation and employment of persons with disabilities. The Committee notes that promoting employment of persons with disabilities in rural and remote areas is undertaken by municipal services for the economy through self-employment activities, primarily in the areas of agriculture, livestock and crafts. The Committee requests the Government to provide an evaluation of the programmes undertaken to promote employment opportunities for persons with disabilities in the open labour market. Please also continue to provide information on the various services available to enable persons with different types of disabilities to secure, retain and advance in employment, as well as practical information on the activities undertaken in this regard in rural areas and remote communities.

Article 5. Consultation with the social partners. The Government reports that, while consultations in the framework of previous activities are still ongoing in the Federation of Bosnia and Herzegovina, the social partners and organizations of persons with disabilities have actively participated in the development of the 2011–15 Strategy and the Law. The Committee further notes with interest that organizations of persons with disabilities and employers' organizations have the possibility to communicate directly with the Fund for Vocational Rehabilitation and Employment of Persons with Disabilities, the Ministry of Labour and Social Policy and the Committee for Labour and Social Welfare of the Parliament in order to express their views on the process of vocational rehabilitation and employment of persons with disabilities. The Committee requests the Government to continue to provide information on the consultations held in the implementation process of strategies in the Republika Srpska and the Federation of Bosnia and Herzegovina and in accompanying legal frameworks and other policies on vocational rehabilitation and employment of persons with disabilities in the country.

Article 9. Training and availability of rehabilitation counsellors and other suitably qualified staff. The Government indicates that the conditions regarding the qualifications of personnel carrying out professional rehabilitation are prescribed by regulations of the Federation of Bosnia and Herzegovina’s Minister for Labour and Social Policy. With regard to the Republika Srpska, the Committee notes the project concerning professional rehabilitation as a method of integration of persons with disabilities into the labour market, implemented and funded in cooperation with the Austrian Fund for Vocational Rehabilitation. The main focus of the project was to provide training for trainers who would perform professional rehabilitation and included a “Diagnosis Week” where the remaining working ability, social and psychological history of 12 persons with disabilities were determined. The Committee requests the Government to provide further information on how the availability of suitably qualified vocational rehabilitation staff is being ensured in the country.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Articles 1 and 2 of the Convention. Policy on vocational rehabilitation and employment. The Committee notes the Government’s report for the period ending in June 2010, including detailed replies to the 2007 direct request. It notes with interest from the report that the Policy in the Area of Disability in Bosnia and Herzegovina, which governs areas of professional rehabilitation, training and employment of persons with disabilities, was adopted by the Council of Ministers in May 2008. It also notes the Law on Professional Rehabilitation, Training and Employment of Persons with Disabilities of the Federation of Bosnia and Herzegovina (FBiH), adopted in 2010, and the Law on Professional Rehabilitation, Training and Employment of Persons with Disabilities of the Republika Srpska (RS), adopted in 2009. The Government states in its report that the country is facing a major problem of unemployment, which has resulted, among other things, from the transition towards a market economy, the restructuring of businesses and the increased number of persons with disabilities due to war. It also indicates that significant efforts have been made to increase the employment rate of persons with disabilities and progress has been achieved in the RS through activities conducted by the Fund for Professional Rehabilitation and Employment of Persons with Disabilities. The report also indicates that the authorities and the employment services in the Brcko District have ensured the enforcement of the regulations framed to implement this Convention. The Committee welcomes continuing to receive information on the manner in which the national policy on vocational rehabilitation and employment of persons with disabilities is implemented and periodically reviewed in [the government entities constituting] Bosnia and Herzegovina. Please also provide practical information, such as statistics disaggregated by sex, extracts from reports, studies and inquiries, concerning the matters covered by the Convention and information on the practical impact of the measures adopted to implement in the FBiH and the RS a policy on vocational rehabilitation and employment of persons with disabilities (Part V of the report form).

Articles 3, 6, 7 and 8. Vocational rehabilitation measures for all categories of persons with disabilities and employment in the open labour market. The Committee notes that the legislation of the FBiH grants tax exemptions, cash compensation and other benefits to employers hiring persons with disabilities. In 2009, following the implementation of the Programme for Employment of Persons with Disabilities, a total of 154 workers with disabilities were employed in the FBiH, 72 out of which were women and 82 were men. The Law on Occupational Rehabilitation in the RS provides a quota-based obligation to employ persons with disabilities in government bodies and public institutions. In the open labour market, cash entitlements and tax credits are amongst the measures used to promote self-employment and employment of persons with disabilities in the RS. The Committee also notes that the Fund for Professional Rehabilitation and Employment of Persons with Disabilities has paid special attention to persons with disabilities in rural areas with targeted measures aimed at creating employment and self-employment. Since 2007, the Fund has created jobs for 649 persons with disabilities, out of which 38 were women. The Committee invites the Government to provide in its next report an evaluation of the programmes undertaken in the FBiH and in the RS to promote employment opportunities for persons with disabilities in the open labour market. Please also continue providing details on the various services available to enable persons with different types of disabilities to secure, retain and advance in employment, as well as practical information on the activities to extend such services to rural areas and remote communities.

Article 4. Equality of opportunities and treatment. The Committee notes that, in the RS, the legislation provides special positive measures which include one-time cash grants, resources adapting to workplace and working conditions, loans at favourable terms to purchase machinery, equipment and tools necessary for the employment of persons with disabilities, and the funding of wages of persons with disabilities. The Committee invites the Government to include 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 an impact, together with any statistical data on the employment of persons with disabilities, disaggregated by sex and type of disability.

Article 5. Consultation with representative organizations of employers and workers. The Government’s report indicates that, in the FBiH, the development process of the Programme for Employment of Persons with Disabilities involved representative organizations of and for persons with disabilities. Consultations are also held at sessions of the Economic and Social Council of the FBiH where organizations of employers and workers and organizations representing target groups are included in working groups to draft regulations and policy documents. In the RS, consultations with social partners are conducted during the drafting stages of laws and regulations. The Committee also notes that the Administrative Board managing the Fund for Professional Rehabilitation and Employment of Persons with Disabilities includes representatives of employers’ and workers’ organizations and organizations of persons with disabilities. The Committee welcomes continuing to receive information on the consultations held in the implementation process of the policy on vocational rehabilitation and employment of persons with disabilities in the entities constituting Bosnia and Herzegovina.

Article 9. Training and availability of rehabilitation counsellors and other suitably qualified staff. The Committee notes from the report that rehabilitation counsellors are the specialists of the employment services in the FBiH dealing with persons with disabilities. It further notes that the Law on Adult Education, adopted in 2009, provided for the establishment of the Institute for Adult Education which will enhance and prepare plans for education, training and retraining of persons with disabilities. At the time of the report, the Institute had not yet begun its work in full capacity. The Committee would appreciate receiving in the next report information on how the availability of suitably qualified vocational rehabilitation staff is being ensured throughout the country.

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

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.