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

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

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.