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

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Bosnia and Herzegovina (Ratification: 1993)

The Committee takes note of the Government’s report.

Article 3 of the Convention. Right of employers’ and workers’ organizations to draw up their constitutions and rules, to elect their representatives in full freedom and to organize their administration and activities. Republika Srpska. With reference to its previous comments concerning section 4(3) of the Regulation on the registration of trade union organizations in the registry of the Republika Srpska, 1998, which included among the documents necessary for the registration of a trade union a certificate of the employer stating that the trade union representative authorized to submit the registration form was employed by the specific enterprise, the Committee notes with interest that this Regulation has now been amended so as to allow trade union representatives not permanently employed by the employer to submit an application for inclusion in the register and requests the Government to transmit a copy of the new regulation.

Interference in the activities of employers’ and workers’ organizations. In its previous comments, the Committee noted that section 20 of the Law on the Associations and Foundations of Bosnia and Herzegovina restricts the right to vote of officers in the internal bodies of associations, including employers’ and workers’ organizations, where a conflict of interest may exist and indicated that this is an internal matter of such organizations and should be dealt with in their by-laws rather than in the Law. The Committee trusts that the pre-draft of amendments to this Law presented to the Council of Ministers will have eliminated this section and requests the Government to keep it informed of developments in this respect.

Federation of Bosnia and Herzegovina. Relationship with works councils. In its previous comments, the Committee asked the Government to take all necessary steps to amend provisions which privilege works councils relative to trade unions, in particular as regards section 98 of the Law on Labour, as amended by section 41 of the Decree of 15 August 2000, which enables the employer to organize collective dismissals in consultation with all trade unions representing 10 per cent of workers only if there is no works council in the enterprise. The Committee notes the Government’s indication that this issue will be resolved by the forthcoming changes and amendments to the Labour Law of the Federation of Bosnia and Herzegovina and requests the Government to keep it informed in this regard.

The right to strike. Federation of Bosnia and Herzegovina. The Committee recalls that the Law on Labour Relations and Wages of Employees of Federal Administrative Bodies, 1998, was repealed with the adoption of the Law on Civil Service in the Federation of Bosnia and Herzegovina, which does not govern issues of organizing and leading strikes. Separate laws governing the issue of strikes in, inter alia, administration bodies and administration services in the Federation of Bosnia and Herzegovina will be prepared. The Committee notes that the Government indicates in its report that the question of strikes in the military forces has been transferred to the competence of the Council of Ministers. Bearing in mind that the provisions of the Convention do not cover matters relating to the armed forces, the Committee requests the Government to indicate any measures taken with respect to strike action in administration bodies and services and to inform it as to the competent body specifically responsible in this regard.

Republika Srpska. In its previous comments, the Committee noted that sections 10 and 11 of the Law on Strikes, 1998, authorize the employer to determine the minimum service and to assign workers to posts at least three days before the beginning of the strike, taking into consideration the opinion, suggestions and comments of the trade union and that section 12(2) authorizes the competent public authority to secure the conditions for the provision of minimum service if the management fails to do so and to engage workers who are not employed by the enterprise if the minimum working service cannot be secured otherwise. The Committee notes the Government’s indication that these issues are being undertaken within the framework of the activities related to the adoption of a new law on strikes and requests the Government to keep it informed of the progress made in this regard.

Article 4. Dissolution and suspension of organizations by administrative authority. In its previous comments, the Committee noted that section 51(1) of the Law on the Associations and Foundations of Bosnia and Herzegovina authorizes the Minister of Internal Affairs and Communication to order the dissolution of an association that abstains from its main activity for the realization of its objectives for at least two years without valid reason. Noting that the Government has prepared a pre-draft of amendments to the Law on Associations and Foundations for the Council of Ministers, the Committee requests the Government to keep it informed of the progress made in amending this provision.

Article 5. Right of organizations to establish federations and confederations and to affiliate with international organizations. Republika Srpska. In its previous comments the Committee noted that section 2(2) of the Regulation on the registration of trade union organizations in the registry of the Republika Srpska identifies a single central organization, the Union of Trade Unions, as the broadest form of trade union organization in the Republika Srpska and makes no provision concerning the registration of additional organizations at that level. The Committee had noted furthermore that sections 1 to 4 of the instructions on the implementation of the Regulation authorize this single organization to carry out all the administrative tasks necessary for the registration of trade union federations at the branch, city or communal levels and to countersign and certify the relevant documents before their submission to the authorities. The Committee also noted that a corresponding authority is accorded to trade union federations at the city or communal levels for the registration of trade unions which operate at the enterprise level or in the public sector. Noting that the Government indicates that the Regulation on the registration of trade union organizations has been amended, the Committee trusts that trade union diversity is now assured and requests the Government to transmit a copy of the new Regulation.