Migration for Employment Convention (Revised), 1949 (No. 97) - Bosnia and Herzegovina (RATIFICATION: 1993)

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Article 1 of the Convention. Information on national policies, laws and regulations. In its report, the Government informs the Committee of the adoption of: (1) the Law on Aliens 2015, repealing the Law on Movement and Stay of Aliens and Asylum 2009, which regulates the conditions and procedures for the entry of foreigners in Bosnia and Herzegovina (BiH); (2) the Strategy in the area of Migration and Asylum and its Action Plan for the period 2016-2020; and (3) the Rulebook on records in the area of employment, which came into force in 2018 in the Federation of BiH and contains provisions referring to keeping regulated records on aliens, asylees and persons under international protection that are employed or looking for employment. The Committee notes the Government indicates that the implementation of the previous Strategy in the area of Migration and Asylum and its Action Plan for the period 2012–15 led to the creation, in 2018, of the Coordination Body for Migration Issues in BiH, a permanent body in charge of coordinating activities between relevant institutions for Bosnian migrant workers and members of their families abroad, including by assessing future migration movements, proposing measures to improve the country’s migration policies, monitoring their implementation and analysing their effectiveness. It is also responsible for taking measures to harmonize laws regulating the areas of employment, education, and social security. The Coordination Body for Migration Issues in BiH provides a yearly report to the Council of Ministers of BiH, containing information on the success achieved in the realization of its strategic goals. The Committee notes, from the concluding observations of the United Nations Committee on the Protection of the Rights of Migrant Workers and Members of Their Families (CMW), the concerns raised by the complexity of the constitutional structure of BiH and the difficulties of the federal government in carrying out legal reforms in some parts of the State (CMW/C/BIH/CO/3, 4 November 2019, paragraph 13). The Committee notes, from the “BiH Migration Profile for the year 2020” published by the Ministry of Security, that 2,586 work permits were delivered (2,194 to men and 392 to women) that year; and that, according to the National Report on Immigration and Asylum Training, in 2021, 2,775 work permits were issued to aliens, which constitutes an increase by 7.31 per cent. In 2020, 8,293 temporary residence permits and 312 permanent residence permits were granted (compared to 10,133 and 816 permits respectively in 2019). An estimate of 2 million people originating from BiH reside abroad. In this regard, the Committee takes note, from the concluding observations of the CMW, that for the most part BiH is a country of origin of migrant workers, but it is also a country of transit and destination (CMW/C/BIH/CO/3, paragraph 3). The Committee asks the Government to provide information on: (i) the activities undertaken by the Coordination Body for Migration Issues in the realization of the objectives of the Convention, including by providing a copy of the recommendations of the latest yearly report addressed to the Council of Ministers; (ii) the measures taken or envisaged to ensure a better harmonization in the legislation of the different Bosnian entities in the areas of employment, education and social security; and (iii) if available, statistical data, disaggregated by sex, nationality and sector of activity, as well as any other relevant information regarding the situation of migrant workers in the labour market in BiH.

Information on general agreements and special arrangements. The Committee notes the Government’s indication that there are certain agreements in place, such as an agreement between BiH and the European Union on the readmission of persons residing without a residence permit and Implementation Protocols to the Agreement on Readmission with certain states of the European Union. In addition, BiH has signed bilateral agreements on readmission of persons residing without permits with: Albania, Montenegro, Denmark, North Macedonia, Republic of Moldova, Norway, Russian Federation, Serbia, Switzerland and Türkiye. The Committee also notes, from the information provided by the Government to the CMW, that it participated in negotiations for the conclusion of an agreement with the government of Montenegro on the protection of workers from BiH who work in Montenegro and the protection of workers from Montenegro who work in BiH. The Government also indicates its plan to conduct research on the number of BiH nationals that are in other European countries and who do not benefit from social security rights, and its intent to initiate agreements with these countries (CMW/C/BIH/3, 21 December 2017, paragraph 137). The Committee notes, from the concluding observations of the CMW, that measures were taken to: (1) facilitate the voluntary return and reintegration of Bosnian migrant workers and members of their families, including under annex 7 of the Dayton Peace Agreement, and (2) to implement agreements between the Federation of the BiH and the western Balkans countries, Türkiye and the (former) European Community, including protocols with 16 European Union countries thereunder on the readmission of persons residing without authorization, while providing accommodation and care for 30 days upon return. The CMW however, expressed its concern about the lack of durable reintegration measures in place and the lack of information on procedural safeguards for migrant workers covered by readmission agreements (CMW/C/BIH/CO/3, paragraph 59). The Committee requests the Government to describe the measures taken to facilitate the long-term reintegration of migrant workers upon their return to BiH. It also reiterates its request for information on any measures adopted to address the specific concerns of women migrants, such as for example ensuring that its border police and immigration officials are adequately trained, supervised, and monitored for gender-sensitivity and non-discriminatory practices when dealing with women migrants, or that its laws include mechanisms for monitoring workplace conditions of migrant women, especially in the kinds of jobs where they are more present.

Articles 2 and 7. Free migration information and employment services. The Committee notes the Government’s general indication that the Services of Public Employment Offices are free for all job seekers and employers, but observes the lack of information provided relating to employment services available to migrant workers in particular. The Committee therefore reiterate its request to the Government to confirm that the services rendered by its information and public employment services to migrants for employment are rendered free of charge.

Article 3. Misleading propaganda. The Committee notes that the Government states that, under section 12(1) of the Law on Aliens 2015, foreigners are informed of the rights and obligations arising out of the Law at all phases of the migration process. The Government adds that updated information is regularly uploaded on the web page of the Ministry of Security and the Service of Foreigners’ Affairs, which contains sufficient information regarding residence approvals based on employment status in BiH. While noting the Government’s statements on the provision of knowledge and information to migrant workers, the Committee recalls that, under Article 3 of the Convention, it is obliged to take all appropriate steps against the provision of misleading propaganda relating to migration, including when it is targeting the national population. The Committee therefore requests the Government to indicate the concrete measures, envisaged or taken, by the Ministry of Foreigners’ Affairs, the Border Police, the Coordination Bodyfor Migration Issues in BiH, and any other relevant institution to combat misleading propaganda relating to immigration and emigration, including those targeting the national population, for example by addressing xenophobia, prejudices and stereotyping of migrant workers.

Article 5. Medical services at the time of departure, during the journey and on arrival in the territory of destination. The Committee takes due note of the Government’s indication that the Federation of BiH does not impose any requirements in terms of health of foreign nationals and that, in terms of general health requirements, migrant workers are subject only to the general regulations which apply to all workers. It also notes that section 49(1)(f) of the Law on Aliens provides that foreign nationals will be granted with temporary residence on the condition that they provide a health cetificate issued no later than three months prior to the application showing that they do not suffer from any disease threathening public health in BiH. In this regard, the Committee refers to its comment under the Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143). The Committee notes however that the Government does not clarify the application of section 4 of the Law on Employment of Foreign Citizens in the Brčko ‘District’. The Committee requests the Government, once again, to clarify whether section 4 of the Law on Employment of Foreign Citizens in the Brčko Districtimposes any requirements linked to a foreigner’s health with regard to entry into the country (to ensure that they only regard infections or illnesses affecting a foreigner’s ability to work).

Article 6. Equality of treatment. The Committee notes that section 9 of the Law on Aliens, stipulates that discrimination against aliens on any grounds, including their gender or sex, race, colour of skin, language, religion, political and other opinion, ethnic and social origin, affiliation to a national minority, property status, status acquired by birth, or any other status, is prohibited. It notes that the term “alien” is defined, in section 6, as a person who is not a citizen of BiH. The Committee also notes the Government’s indication that the new Labour Law of the Federation of BiH (2016) expands the provisions prohibiting discrimination (sections 8 to 12): (1) section 8(1) prohibits discrimination of employees and job seekers based on gender, sexual orientation, marital status, family obligations, age, disability, pregnancy, language, religion, political and other opinion, nationality, social background, financial standing, birth, race, skin colour, membership or non-membership in political parties and trade unions, health status, or any other personal characteristic; and (2) section 10(1) provides that discrimination shall be prohibited in relation to: (a) requirements for employment and selection of candidates for a particular job; (b) working conditions and all the rights arising from employment; (c) education, vocational training and professional development; (d) career progress; and (e) termination of a labour contract. The Committee notes, with interest, the Government’s indication that foreign nationals with legal residence and a work permit (whether temporary or permanent) are subject to the general regulations in the field of labour relations applicable to all workers and, therefore, that the provisions on discrimination and protection against discrimination, contained in the Labour Law, also apply to them. It notes, from the concluding observations of the CMW, that in the Republika Srpska, efforts were made to harmonize the law according to which migrant workers in a regular situation and foreign nationals with approved international protection, including temporary protection, have the same rights and obligations as nationals in employment (CMW/C/BIH/CO/3, paragraph 12). Indeed, the Committee notes the Government’s information according to which, in the Republika Srpska, section 2(3) of the Law on Labour, section 3(2) of the Law on Mediation in Employment and Unemployment Rights, and section 3(3) of the Law on Employment of Foreign Nationals and Statelessness Persons in Republika Srpska, provide that workers holding a temporary residence permit enjoy no less favourable treatment than that applied to nationals in respect of the matters covered by Article 6(1) of the Convention. The Committee also notes the Government’s indication that under sections 2 and 3 of the Law on Employment of Foreign Citizens in the Brčko District, any foreigner or stateless person with the approved permanent residence in BiH and any foreigner with the approved international protection in BiH shall have the same rights, obligations and liabilities arising from employment in the Brčko District as those persons who are BiH citizens. The Committee welcomes this information. The Committee requests the Government to provide information on the manner in which these equality provisions, including section 9 of the Law on Aliens and sections 8 to 12 of the Labour Law of the Federation of BiH, are applied in practice and, in particular, on any cases of discrimination regarding the subjects covered by Article 6(1) of the Convention, notably equality of treatment in respect of conditions of work, accommodation, social security and trade union rights, brought before courts and on the decisions handed down.

Article 8. Maintenance of residence in the event of incapacity for work. The Committee notes the Government’s indication that the Law on Aliens sets out the requirements for the deliverance of a permanent residence permit (section 79(1)), and the reasons for the cancellation of a permanent resident permit (section 96(1) and (2)). The Committee notes with interest that incapacity for work is not listed as a valid ground for the cancellation of a permanent residence permit. The Committee takes note of this information which addresses its previous request.

Enforcement. The Committee once again asks the Government to provide information on: (i) the concrete measures taken or envisaged to regulate the activities of private employment agencies in order to protect migrant workers from any abuse and misleading advertising; and (ii) the sanctions and penalties for infringement. The Committee also requests the Government to continue to provide information on the monitoring activities, especially those carried out by the labour inspection services, relating to the application of the Convention as well as information on any relevant judicial or administrative decisions.

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Article 1 of the Convention. Information on national policies, laws and regulations. The Committee notes that the Government indicates that the responsibility for the National Immigration Policy falls within the realm of the Ministry of Security while the Ministry for Human Rights and Refugees is responsible for emigration. The Committee also notes the adoption of the Strategy in the area of Migration and Asylum and the Action Plan for the period 2012–15 which has set as strategic goals, among others, the strengthening of the institutional capacities with the purpose of connecting migration and development, ensuring the overall integration of foreigners who have lawfully entered BiH and establishing a Permanent Coordination System in the realization of the migration policy. The Committee further notes the new Law on Movement and Stay of Aliens and Asylum of 10 April 2008 as well as the by-laws adopted for the purpose of proper and clearer enforcement of this law. The Government indicates that the Law ensures coordination of the responsibilities of central Government and entities with respect to employment. Furthermore, in its report submitted to the United Nations Committee on the Protection of the Rights of All Migrant Workers and Members of their Families (CMW) the Government indicates that this law is mandatory in the entire territory of BiH and has introduced a unique approach to work permit requirements in the entire territory (CMW/C/BIH/2, 6 December 2011, paragraphs 11 and ff.). The Committee also notes the Bosnia and Herzegovina Migration Profile for the year 2011 according to which 7,661 temporary permits and 308 permanent permits were granted and that there are currently 1.2 million citizens from BiH residing abroad. In its report to the CMW, the Government also indicates that a Migration Information System was established in 2008 which compiles relevant information related to migration (CMW/C/BIH/2, paragraphs 42 and ff.). The Committee notes that in its concluding observations the CMW expresses concern at the lack of harmonization in the legislation of the different entities in the areas of employment, education and social security (CMW/C/BIH/CO/2, 26 September 2012, paragraph 11). The Committee requests the Government to provide information on the following:

• (i) the implementation of the strategic goals established in the Strategy in the area of Migration and Asylum and the Action Plan for the period 2012–15, in particular the establishment of a permanent coordination system in the realization of the migration policy;
• (ii) the implementation of the new Law on Movement and Stay of Aliens and Asylum adopted on 10 April 2008 as well as its by-laws and the impact of the law on the number of work permits as well as permanent and temporary residence permits;
• (iii) the measures taken or envisaged to ensure a better harmonisation in the legislation of the different entities in the areas of employment, education and social security, in particular the measures to establish a permanent coordination system for the implementation of the migration policy; and
• (iv) statistical data, disaggregated by sex and nationality and if possible by sector of activity on migration flows from and to the country, as well as any other relevant information regarding the situation of migrant workers in the labour market.

Information on general agreements and special arrangements. The Committee notes the information provided by the Government to CMW referring to the signing of bilateral and multilateral treaties with neighbouring and other countries in the field of social security and pensions as well as the negotiations under way aimed at concluding bilateral agreements on labour and employment (CMW/C/BIH/2, 6 December 2011, paragraphs 21 and ff.). The Committee requests the Government to continue to provide information on any agreement concluded by BiH with other States with respect to the issues dealt with by the Convention.

Articles 2, 4 and 7. Migration information and assistance services. The Committee notes the Government’s indication that the Service for Foreigners’ Affairs and the Border Police, working under the Ministry of Security have published information on the Internet in the official languages of the country and in English. The information refers to movement, conditions of entry and residence, and work permits. The Committee notes in particular the efforts made by the Government to provide information and raise awareness about the migration process. The Committee further notes that Migration Service Centres have been created in Banja Luca and Sarajevo to provide information and advice about the opportunities for regular migration to and from countries of the European Union, Switzerland and some overseas countries. Within the project “Capacity building, information and awareness raising to promote regular migration in the Western Balkans” the Migration Service Centers began to work at the Employment Service branch in Banja Luca. The Migration Service Centres have also prepared a guide concerning countries of destination (referring to 40 countries) which offer information about the process of immigration, legal means of obtaining work permits and opportunities for employment, including return procedures. The Committee also notes the brochure “Steps for obtaining work permits” edited in 2012. The Committee requests the Government to continue to provide full information on the measures taken or envisaged to give effect to Articles 2, 4 and 7 of the Convention as well as on the specific agreements with countries of destination or origin of the migration flows affecting Bosnia and Herzegovina with a view to addressing different aspects of labour migration, including admission procedures, so as to facilitate the departure, journey and reception of migrant workers. Please also provide information on any measures taken to assist migrants upon arrival in the country, and on whether any measures to address specific concerns of women migrants are being taken.

Article 3. Misleading propaganda. The Committee notes the Government’s indication that the “strike force in the fight against human trafficking and illegal immigration” organized by BiH (by Decision of the Council of Ministers Official Gazette No. 3/04), whose members come from governmental bodies at the national as well as the entities level contributes to combating misleading propaganda. The Committee further notes from the report submitted by the Government to the CMW that adequate measures are taken in this regard through the Service for Foreigners’ Affairs, the Border Police and other departments (CMW/C/BIH/2, 6 December 2011, paragraphs 77–79). The Committee requests the Government to indicate the concrete measures adopted by the Service for Foreigners’ Affairs and the Border Police to combat misleading propaganda relating to immigration and emigration, and how it is ensured that this information effectively reaches migrant workers, and the impact of such measures. Please also provide information on any activities carried out in this regard within the framework of the World Association of Employment Services (WAPES) referred to by the Government in its previous report.

Article 5. Medical services. The Committee refers to its previous request regarding the implementation of section 4 of the Law on Employment of Foreign Citizens in the Brcko District. The Committee requests the Government once again to clarify whether any requirements linked to a foreigner’s health exist with regard to entry into the country, and to ensure that they only regard infections or illnesses affecting a foreigner’s ability to work.

Article 6. Equality of treatment. The Committee notes that section 8 of the Law on Movement and Stay of Aliens and Asylum in BiH prohibits discrimination against foreigners on a series of grounds including national origin, sex and race. Article 85 provides that “aliens holding a permanent residence permit in BiH, aliens with approved international protection in BiH and aliens with approved temporary protection are entitled to work in BiH under the same conditions as citizens”. Section 5 of the Labour Law of the Federation of Bosnia and Herzegovina prohibits discrimination against employees and jobseekers on a number of different grounds, including colour, race, sex, language, religion, political or other opinion, national or social origin. Moreover, according to the Government’s report, the applicable laws on labour and employment of the Republika Srpska grant foreigners and stateless persons the same legal status in exercising their rights deriving from work as those granted to national workers and prohibit discrimination. The Committee notes that it is unclear from the abovementioned legislation whether workers holding a temporary residence permit enjoy no less favourable treatment than that applied to nationals with respect to the matters covered in Article 6(1) of the Convention. Recalling that Article 6 of the Convention refers to immigrants lawfully within its territory, the Committee requests the Government to indicate how it is ensured that migrant workers holding a temporary residence permit are treated no less favourably than national workers with respect to the matters covered in Article 6(1). The Committee further requests the Government to provide concrete information on the manner in which sections 8 and 85 of the Law on Movement of the Federation of Bosnia and Herzegovina and Stay of Aliens and Asylum in BiH as well as section 5 of the Labour Law are applied in practice and how they ensure the implementation of the matters covered in Article 6(1)(a)–(d) of the Convention. Please also provide information on any cases of discrimination regarding the subjects covered by Article 6(1) of the Convention, notably equality of treatment in respect of conditions of work, accommodation, social security and trade union rights, brought before national courts and on the decisions handed down.

Article 8. Maintenance of residence in case of incapacity for work. The Committee notes that the Government refers to the situation of temporary migrant workers. The Committee further notes that according to section 68(1)(k) of the Law on Movement and Stay of Aliens and Asylum in BiH the right of residence shall be cancelled if “the circumstances on the basis of which the residence permit was issued have changed to such an extent that they could exclude any possibility to issue a permit” and according to section 68(1)(n) if an “alien has lost his/her means of sustenance”. The Committee requests the Government to provide information on the practical application of these provisions and to indicate how it is ensured that migrant workers who have been admitted on a permanent basis and the members of their family who have been authorized to accompany or join them maintain their right of residence in the case of incapacity for work.

Annexes I and II. The Committee notes from the report submitted by the Government to the CMW that there are several privately owned agencies, companies and web promoters who mediate in the employment of people. The Government indicates that it cooperates actively with them to prevent false information and disinformation of foreigners or their abuse (CMW/C/BIH/2, 6 December 2011, paragraph 78). In view of the growing role of private agencies in the international migration process, the Committee would be grateful if the Government would state the concrete measures that have been taken or are envisaged to regulate the activities of private agencies or encourage self-regulation in order to protect migrant workers from any abuse and misleading advertising. Please also provide further details on sanctions and penalties for infringement.

Parts III and IV of the report form. Enforcement. The Committee notes that the Government indicates that according to the labour administration the courts have not made any decision relating to the application of the Convention. The Committee requests the Government continue to provide information on the monitoring activities, especially those carried out by the labour inspection services, relating to the application of the Convention as well as information on any relevant judicial or administrative decisions. Please provide information on the activities carried out in this respect by the Service for Foreigners’ Affairs and the Border Police.

Part V. The Committee notes that the Government reiterates its previous statement that, in practice, difficulties exist in implementing the Convention owing to the sharing of competences and responsibilities relating to the regulation of migration between the various horizontal and vertical levels of government. The Committee requests the Government to indicate whether consideration is being given to the adoption of measures for coordination of the regulation of migration in order to ensure that it is uniformly and coherently applied throughout the country.

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The Committee notes the Government’s first report and the legislation attached thereto.

Article 1 of the Convention. Information on national policies. The Committee notes from the Government’s report under the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families that, although Bosnia and Herzegovina was, until recently, a mere transit country from Eastern countries to Western Europe, at present it represents a country of final destination, especially as regards labour migration (CMW/C/BIH/1, 6 November 2007, paragraph 73). In spite of that, the Committee notes the Government’s indication that there are no policies at the level of Bosnia and Herzegovina concerning migration. The Committee notes that, pursuant to article 3(1) of the Constitution of Bosnia and Herzegovina, immigration policy is the responsibility of Bosnia and Herzegovina, while employment would fall within the competence of the Entities. The Committee requests the Government as follows:

(i)    to clarify how the competence of the central institutions regarding immigration policy is coordinated in practice with the Entities’ competences concerning employment; and

(ii)   to provide information on any developments concerning the formulation and adoption of a national policy on labour migration. In this regard, the Committee refers the Government to the ILO Multilateral Framework on Labour Migration, especially to principle 4, and encourages it to seek the cooperation of the social partners in elaborating the national policy.

Information on legislation. The Committee notes that the Federation of BiH, the Republika Srpska and the Brčko District have all adopted legislation specifically concerning the employment of foreigners which subordinates the possibility of a foreigner working in the country to the condition that a specific work permit is issued by the Federal Institute for Employment (BiH Federation), the Department for Specialized Administrative Affairs (Brčko District) or the Institute for Employment (Republika Srpska). According to section 5 of the Law on employment of foreign citizens and persons without citizenship in the Republika Srpska, sections 3 and 4 of the Law on employment of foreign citizens in the Brčko District and section 7 of the Law on employment of foreign citizens in the Federation of BiH, the issuance of the work permit is conditional upon the observance of the laws regulating the entry and stay of non-citizens in the country as well as the absence of other persons among the unemployed suitable to the post. The Committee requests the Government to provide copies of the laws regulating the entry and stay of non-citizens in Bosnia and Herzegovina. The Committee also requests the Government to gather and submit statistical data, disaggregated by sex and nationality, on migration flows from and to the country as well as any other relevant information regarding the situation of migrant workers in the labour market.

Articles 2, 4 and 7. Migration information and assistance services. Despite the Government’s indication that public employment offices provide services free of charge to migrant workers, the Committee notes that no specific information is provided with regard to any assistance services available to migrant workers. The Committee recalls the indications on this point contained in paragraph 5(2) of the Migration for Employment Recommendation (Revised), 1949 (No. 86). It also wishes to stress that, in light of the increasing feminization of migration and the particularly vulnerable position in which many female migrants can find themselves, information campaigns specifically directed towards women may be appropriate. The Committee requests the Government as follows:

(i)    to provide full information on the measures taken or envisaged to give effect to Article 2 of the Convention;

(ii)   to consider signing specific agreements with countries of destination or origin of the migration flows affecting Bosnia and Herzegovina with a view to addressing different aspects of labour migration, including admission procedures, so as to facilitate the departure, journey and reception of migrant workers; and

(iii) to supply information on any measures taken to assist migrants upon arrival in the country.

Article 3. Misleading propaganda. The Committee notes from the Government’s report that public employment services are the only bodies entitled to provide information on migration. The Committee also notes that the national employment services cooperate with the World Association of Employment Services (WAPES) through the conclusion of bilateral protocols. The Committee draws the Government’s attention to paragraphs 214 ff. of its 1999 General Survey on migrant workers, pointing out that the existence of official information services in itself is not enough to guarantee that migrant workers are sufficiently and objectively informed on migration-related issues. Workers must also be protected from misleading information stemming from intermediaries who may have an interest in encouraging migration in any form to take place, regardless of the consequences for the workers involved. The Committee encourages the Government to take adequate measures to combat misleading propaganda relating to immigration and emigration and to provide information on the implementation of these measures and their impact on protecting migrant workers from any abuses due to misleading information on the migration process. Please also provide information on any activities carried out in this regard within the framework of the WAPES or under the bilateral protocols mentioned by the Government in its report.

Article 5. Medical services. The Committee notes that, pursuant to section 4 of the Law on employment of foreign citizens in the Brčko District, the work permit can be denied when the foreigner has provided wrong information on his or her state of health. The Committee notes that the implications of this provision are not clear; in particular it is unclear whether there are any requirements related to the foreigner’s state of health to which the issuance of the residence or the work permit would normally be subordinated. The Committee wishes to draw the Government’s attention to the fact that the refusal of entry or repatriation, on the basis that the worker concerned is suffering from an infection or illness of any kind which has no effect on the task for which the worker has been recruited, constitutes an unacceptable form of discrimination and is contrary to the Convention. The Committee requests the Government to clarify whether any requirements linked to a foreigner’s health exist with regard to entry into the country, and to ensure that they only regard infections or illnesses affecting a foreigner’s ability to work.

Article 6. Equality of treatment. The Committee notes that article 2(3) of the Constitution of Bosnia and Herzegovina, confers on “all persons within the territory of Bosnia and Herzegovina” the rights and freedoms enshrined in the European Convention for the Protection of Human Rights and Fundamental Freedoms and its Protocols, including Protocol No. 12, prohibiting discrimination on the grounds, among others, of race, colour, national or social origin, and association with a national minority, in respect of the enjoyment of any rights set forth by law. Paragraph 4 of the same article further prohibits discrimination in respect of the rights provided for in the international agreements listed in Annex I to the Constitution. The Committee also notes that article 2 of the Constitution of the Federation of BiH stipulates that “all persons within the territory of the Federation” shall enjoy the right to equality before the law, freedom to work and freedom from discrimination based on race, colour and national or social origin. By contrast, article 10 of the Constitution of the Republika Srpska only sets out that “citizens” are equal in their freedoms and rights. However, the Committee notes that article 44 recognizes that foreigners shall have the human rights and freedoms provided for in the Constitution, the law and international agreements. Article 39 further stipulates that “everyone” shall have the right to work and freedom to work. The Committee also notes that the laws specifically regulating the employment of foreigners do not contain any specific provision in this regard, with the exception of the Law on employment of foreign citizens and persons without the citizenship in Republika Srpska stipulating that foreigners employed in the country enjoy the same rights as citizens. The Committee further notes that the Labour Code of the District of Brčko covers “any matter deriving from employment in the territory”, seemingly extending its provisions to migrant workers as well. The Committee requests the Government as follows:

(i)    to confirm whether labour legislation fully applies to immigrants lawfully in the country so that it is ensured that they enjoy treatment no less favourable than that applied to national workers with respect to the matters enumerated in Article 6(1)(a)–(d);

(ii)   to supply information on the distribution of competences between the central authorities and the Entities with regard to the matters covered by Article 6 of the Convention; and

(iii) to provide information on any cases of discrimination regarding the subjects covered by Article 6(1) of the Convention, notably equality of treatment in respect of conditions of work, social security and trade union rights, brought before national courts and on the decisions handed down.

Article 8. Continued residence in case of incapacity for work. The Committee notes the Government’s indication that Article 8 of the Convention is applied and that no agreements have so far been signed for the regulation of migrant workers’ return to their territory of origin or the territory from which they emigrated in case of incapacity for work due to illness contracted or injury sustained subsequent to their entry. The Committee would appreciate receiving more precise information on the legal provisions ensuring that migrant workers admitted maintain their right of residence in the case of incapacity for work and on their practical application.

Article 9. Transfer of earnings and savings. The Committee notes from the Government’s report that the transfer of a part of migrant workers’ earnings and savings is allowed under specific terms stipulated by law. The Committee requests the Government to indicate the specific provisions regulating the issue and the terms under which the transfer of migrant workers’ earnings and savings is permitted. Please also indicate whether any special agreements exist for this purpose.

Article 10. Agreements. The Committee notes the Government’s indication that no agreements have been signed. The Committee encourages the Government to examine whether it would be desirable or necessary to enter into agreements with other concerned States in light of the dimension of the migration flows going from or to their respective territories.

Article 11. Frontier workers. The Committee notes from the Government’s report that the legislation does not contain any definition of frontier workers. The Committee invites the Government to specify which categories of migrant workers would be regarded as “frontier workers”.

Annexes I and II. Noting that no information is provided on the application of the annexes to the Convention, the Committee hopes that the Government will provide this information in its next report.

Parts III and IV of the report form. Enforcement. The Committee notes the Government’s indication that the Ministry of Security of Bosnia and Herzegovina, the ministries in charge of employment at the level of the Entities and the department of Brčko District, as well as the Ministries of Interior of the Entities, the police of Brčko District and the employment and labour inspectorate services are all responsible for the application of the legislation and regulations relevant to the Convention. The Committee further notes that no information concerning any decisions delivered by courts is available. The Committee requests the Government to provide information on the monitoring activities, especially those carried out by the labour inspectorate services, relating to the application of the Convention as well as information on any relevant decisions involving issues relating to the application of the Convention handed down by the courts or other competent administrative bodies.

Part V. The Committee notes the Government’s statement that, in practice, there are difficulties in implementing the Convention owing to the sharing of competences and responsibilities relating to the regulation of migration between the various horizontal and vertical levels of government. The Committee encourages the Government to take the necessary steps to coordinate the regulation of migration and ensure that it is uniformly and coherently applied throughout the country.