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ILCCR: Examination of individual case concerning Convention No. 87, Freedom of Association and Protection of the Right to Organise, 1948 Bosnia and Herzegovina (ratification: 1993) Published: 2007Description:(ILCCR Individual Observation) Convention:C087 Country:(Bosnia and Herzegovina) Session of the Conference:96 Document:22 Subject classification: Freedom of Association Subject classification: Collective Bargaining and Agreements Subject: Freedom of Association, Collective Bargaining, and Industrial Relations Display the document in: French Spanish Document No. (ilolex): 132007BIH087 A Government representative conveyed her Government's appreciation for allowing it to present its views on the case and indicated that the Confederation of Independent Trade Unions of Bosnia and Herzegovina had been registered at the cantonal level, which permitted it to function both in the whole of Bosnia and Herzegovina as well as outside the country. The existing laws regulating the operation of trade unions and employers' organizations allowed them to operate as such. With regard to the creation of preconditions for the registration of the Confederation of Independent Trade Unions of Bosnia and Herzegovina at the state level, she indicated that the process of amending the Law on Associations and Foundations of Bosnia and Herzegovina was reaching its final stage. The amendments were intended to resolve key issues relating to the registration of the Confederation of Independent Trade Unions of Bosnia and Herzegovina, as well as of other employers' organizations and trade unions at the state level, and would be submitted to the ILO for comments to determine their compliance with the international labour standards on freedom of association. The authorities of Bosnia and Herzegovina would continue to make significant efforts to discharge the obligations arising out of the ILO Constitution. However, the speaker hoped that the Conference Committee would take into account the specific situation of the country which was reflected in the complexity of its institutional mechanisms and multiple reform processes. In conclusion, she thanked the ILO and the Office for their valuable assistance and cooperation in the past and requested that it continue in the future. The Worker members regretted that the Government of Bosnia and Herzegovina had, once again this year, furnished only fragmentary information in reply to the observations of the Committee of Experts and had not complied with the request of the Committee of Experts to submit a full report for its November 2006 session. Recalling the chronology of events, the Worker members indicated that the Confederation of Independent Trade Unions of Bosnia and Herzegovina had filed a complaint with the Committee on Freedom of Association in 2002 against the refusal of its registration. The Committee on Freedom of Association had concluded in 2003 that that refusal constituted a clear violation of Article 2 of the Convention and that the reasons put forward by the Government were unfounded, demanding that the Government urgently take all necessary measures. In 2006, the Conference Committee had requested the Government to: (a) take measures to modify the law and practice regarding the registration of employers' and workers' organizations, in particular to eliminate the requirement of previous authorization laid down in section 32 of the Law on Associations and Foundations of Bosnia and Herzegovina; (b) take without delay all the necessary steps to ensure the registration of the Confederation of Independent Trade Unions of Bosnia and Herzegovina; (c) submit a full report to the Committee of Experts; and (d) to accept a technical assistance mission. However, nothing had been done since last year. The Confederation of Independent Trade Unions of Bosnia and Herzegovina remained unable to participate in social dialogue at the national level, in particular in the Economic and Social Council; lawyers representing union members affiliated to that Confederation had been systematically rejected by certain judges; and the threat of a ban weighed heavily and constantly on all activities of the Confederation. In the light of the consensus of the ILO supervisory bodies, the Worker members came to the conclusion that there was a lack of political will on the part of the Government. They stressed the Government's obligation to give effect to the recommendations of the Committee on Freedom of Association and the conclusions of the Conference Committee, by immediately authorizing registration of the Confederation of Independent Trade Unions of Bosnia and Herzegovina at the national level, since there was no legal obstacle to it. They requested that the Office provide the technical assistance necessary for the Government to put its national legislation and practice into conformity with the Convention. The Employer members thanked the Government for having been prepared to appear before the Committee early and asked whether the ILO had in fact provided technical assistance to the Government since the Committee's last session. It was the fifth time that the case had come before the Committee since Bosnia and Herzegovina had ratified the Convention in 1993. Noting that the Committee of Experts repeatedly pointed out a number of requirements concerning registration, the Employer members considered that those issues raised by the Committee of Experts appeared to be of a technical nature that should be easily resolved. The Convention was quite clear on that matter: workers' and employers' organizations should be free to establish their organizations without prior authorization. The process for registration under article 32 of the Law on Associations and Foundations of Bosnia and Herzegovina could clearly lead to arbitrary and unexplained results. That provision therefore needed to be repealed. The current legal situation did not, in practice, appear to affect the possibility of employers' organizations organizing themselves at the national level. However, referring to the problems with respect to the registration of the Confederation of Independent Trade Unions of Bosnia and Herzegovina they noted that the situation was serious for workers' organizations. The legislation needed to be brought into line with the Convention to provide for more reasonable time limitations so that workers' and employers' organizations did not suffer adverse consequences from delay. Further technical assistance was certainly needed, as the Committee would have liked to have noted progress in law and practice since its last session. The Worker member of Bosnia and Herzegovina regretted the fact that it was the third time that trade unions had experienced maltreatment because of Government failure to allow them to register. There was a flagrant lack of respect for the Convention in Bosnia and Herzegovina, and although the Government had recently been elected as a member of the United Nations Human Rights Council, it preferred to occupy itself with defending human rights in other countries instead of respecting those of its own workers. There was a violation of fundamental rights of workers' organizations in Bosnia and Herzegovina and the situation was unacceptable. In his view, the Government simply wanted the Confederation of Independent Trade Unions of Bosnia and Herzegovina to be eliminated; if not, it would have explained the reasons why the Confederation could not be registered. The speaker called upon the Conference Committee to take all the necessary measures to defend the union which had existed for 102 years, and which had never faced difficulties until then. He called for an ILO mission to be sent to the country since, for the workers, vital issues were at stake. The Worker member of Pakistan stated that the case was understandable in the light of the special circumstances that the country faced during the war. However, it was a serious concern that the legislation in force was not in conformity with the Convention which was the lifeblood of the ILO and the main vehicle to promote tripartism and social dialogue. Without respect for the principles of freedom of association, social justice could not be achieved. The speaker agreed with the Committee of Experts that the specific provisions mentioned in the observation needed to be amended in order to ensure that the workers and employers of Bosnia and Herzegovina fully enjoyed their right to organize. The representative of the Secretary-General indicated that in follow-up to the discussion at the Committee in June 2006, a communication had been sent to the Government in August 2006 concerning the effect given to the conclusions of the Conference Committee. In addition, the International Labour Standards Department, the Subregional Office for Central and Eastern Europe in Budapest and the ILO National Correspondent had organized assistance in the area of international labour standards in the form of two missions, one in September 2006 and one in March 2007. Meetings had also been held with the Permanent Mission of Bosnia and Herzegovina in April 2007, followed up by a communication proposing a technical advisory mission to deal with all ILO standards-related issues, and in particular those relating to the freedom of association Conventions. Another Government representative explained once again that the Confederation of Independent Trade Unions of Bosnia and Herzegovina was registered at the cantonal level and was thus able to function. However, her Government was committed to continuing to develop legislation and to settling the question of registration at the national level. In order to do so, it had to find a structure for entities to register at the national level. The draft legislation still had some shortcomings and could not yet be adopted. The speaker further informed the Committee that a working group had been established which had prepared amendments to the Law on Associations and Foundations of Bosnia and Herzegovina, a final text of which could be expected in two months. The new Government was aware of the issue of registration and was determined to solve the problem. It would certainly succeed with the assistance of the ILO, but currently, the Government believed that it had met all its obligations under the Convention. The Worker members recapitulated the four substantial requests that the Committee had already made to the Government in 2006: (a) to take measures to amend the law and practice concerning the registration of employers' and workers' organizations, in particular by eliminating the requirements laid down in section 32 of the Law on Associations and Foundations; (b) to allow for the registration without delay of the Confederation of Independent Trade Unions of Bosnia and Herzegovina at the national level; (c) to submit a full report to the Committee of Experts; and (d) to accept an ILO technical assistance mission. The Worker members expressed the hope that the Government would supply specific information concerning the amendment of the abovementioned law before November 2007. They further requested the Government to indicate clearly whether it accepted an ILO technical assistance mission. The Worker members requested that the social partners be consulted during the ILO technical assistance mission. The Employer members expressed concern that, even with the assistance already provided by the ILO, progress had not been forthcoming. The current legislation was insufficient. The Employer members agreed with the Worker members that the Government should accept a technical assistance mission. Such a mission should take place well in time in order to ensure that the Committee of Experts could examine the planned legislative amendment at its forthcoming session in November-December 2007. The Employer members requested that the Government indicate to the Committee its readiness to accept such a mission. Another Government representative reaffirmed his Government's request for technical assistance in the light of the current discussion. The working group had taken into account the recommendations of the Committee of Experts and insisted that amendments be made to the Law on Associations and Foundations of Bosnia and Herzegovina. As soon as the proposed draft legislation was finalized, it would be sent to the ILO and the Committee of Experts to determine whether it was in accordance with the Convention as well as with other ILO instruments.
ConclusionsThe Committee took note of the statement made by the Government representative, as well as the discussion that took place thereafter. The Committee observed that the pending questions concerned the requirement of previous authorization for the establishment of employers' and workers' organizations and the long-standing refusal to register the Confederation of Independent Trade Unions of Bosnia and Herzegovina (CITU). The Committee noted the information provided by the Government according to which a working group was in the process of drafting legislation with the aim of bringing it into conformity with the Convention and eliminating the obstacles to the right to organize of workers' and employers' organizations at the national level. Observing that no specific progress had occurred since the Committee's examination of the matters last year, the Committee expressed the firm hope that the Government would take the necessary measures without delay so as to ensure that legislation was rapidly adopted to guarantee full conformity with the Convention. In particular, the Committee requested the Government to eliminate all obstacles to the effective registration of workers' and employers' organizations, including ensuring an acceptable time frame for registration, and to take steps for the immediate registration of the CITU at the national level. In the meantime, the Committee requested the Government to ensure that the CITU was able to participate in social dialogue in the country at all levels, including the Economic and Social Council. Noting the Government's request for an ILO technical assistance mission, the Committee trusted that the mission would have full access to the social partners concerned and expressed the preference that the mission would take place in time to report back to the forthcoming session of the Committee of Experts. The Committee urged the Government to provide a detailed report including all relevant draft legislation and proposed amendments to the Committee of Experts for its examination in 2007 and trusted that it would be in a position to note progress in that regard in the very near future. |
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