Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

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

The Committee notes the comments of both the Confederation of Independent Trade Unions of Bosnia and Herzegovina (SSSBiH) dated 24 December 2007 and 28 November 2008, the Confederation of Trade Unions of Bosnia and Herzegovina (CTUBH) dated 20 August 2009, and the International Trade Union Confederation (ITUC) dated 26 August 2009 on the application of the Convention, as well as the Government’s observation thereon. The Committee notes the adoption of the Law on amendments to the Law on associations.

Articles 2 and 4 of the Convention. Requirement of previous authorization for the establishment of employers’ and workers’ organizations and dissolution or cancellation of registration. The Committee recalls that in its previous comments it had requested the Government to amend section 32 of the Law on the associations and foundations of Bosnia and Herzegovina which authorizes the Minister of Justice to accept or refuse a request for registration and provides that the request shall be considered as rejected if the Minister does not adopt a decision within 30 days. The Committee also expressed the hope that the necessary amendments would be made to sections 30(2), 34 and 35 as regards dissolution or cancellation of registration along the lines of its previous requests. The Committee notes that the Government indicates that in case the Ministry does not resolve the application, for any reason within 30 days from the date of its submission, the request is not considered tacitly rejected, but the process continues until a decision is made. In this instance, the applicant may, however, immediately after the deadline expiration for making the first instance decision, appeal to the second instance authority in accordance with the provisions of the Administrative Procedure Law. The second instance authority shall, within three days upon receipt of appeal, request from the first instance authority all the case files and a written statement on the reason why the party’s application was not resolved within the prescribed period. If the second instance authority determines that the decision is not made within the prescribed period due to a justifiable reason, or due to the party’s guilt, it shall specify the term for the first instance authority to make the decision. The Committee further notes with interest that sections 30(2), 34 and 35 have been amended. The Committee requests the Government to indicate the impact in practice of these amendments.

Registration of the Confederation of Independent Trade Unions of Bosnia and Herzegovina. The Committee further recalls that in several of its previous observations it had noted the unreasonable period which had elapsed since the filing of a registration request by the SSSBiH and had requested information on the measures taken or contemplated in order to grant registration to this organization as soon as possible. The Committee notes that the Government indicates that the Appeal Commission, as an autonomous and independent second instance authority has now made decision No. 01-02-4/08, dated 11 May 2009, rejecting the appeal of the SSSBiH. The SSSBiH appealed this decision before the Court of Bosnia and Herzegovina on 17 July 2009.

The Committee observes with regret that the SSSBiH has not yet been registered despite the fact that the Committee has been raising this issue for several years now. The Committee requests the Government to indicate in its next report the basis of the Appeal Commission’s denial of the SSSBiH’s request for registration and to transmit a copy of that decision. In addition, the Committee requests the Government to indicate the outcome of the litigation commenced by the SSSBiH in the Court of Bosnia and Herzegovina.