Universal Human Rights Index 2009

	Napomena	Država	Pravo	Osoba
CMW/C/BIH/CO/1 (CMW, 2009)
	n) Bosnia and Herzegovina is primarily a country of origin for migrant workers, with significant and increasing numbers of migrant workers in transit or living on its territory	Bosnia and Herzegovina	Migrants	migrant workers
	n) many of the countries in which Bosnia and Herzegovina migrant workers are employed are not yet parties to the Convention, which may constitute an obstacle to the enjoyment by those workers of the rights to which they are entitled under the CMW	Bosnia and Herzegovina	Migrants	migrant workers
	w) the conclusion by the State party of bilateral and multilateral agreements, in so far as they promote the rights of migrant workers and combat crimes such as trafficking in persons	Bosnia and Herzegovina	Acceptance of international norms Migrants Prohibition of slavery, trafficking	migrant workers
	w) recent ratification of the following instruments: – the Optional Protocols to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography, and on the involvement of children in armed conflict – the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime – the Protocol against the Smuggling of Migrants By Land, Sea and Air, supplementing the United Nations Convention against Transnational Organized Crime – International Labour Organization (ILO) Convention No. 182 (1999) concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour	Bosnia and Herzegovina	Acceptance of international norms Migrants	children migrants women
	w) Bosnia and Herzegovina is party to the ILO Migration for Employment Convention (Revised), 1949 (No. 97) and the ILO Migrant Workers Convention (Supplementary Provisions), 1975 (No. 143), and is one of only a few States to have ratified all the treaties relating to the rights of migrant workers	Bosnia and Herzegovina	Acceptance of international norms Migrants	migrant workers
	n) state party’s information that its political and administrative structure, which grants extensive autonomy to the two Entities established under the Dayton Peace Agreement of 1995 (the Republika Srpska and the Federation of Bosnia Herzegovina), may create constraints in planning, developing and implementing comprehensive and coordinated laws and policies for the implementation of the Convention at all levels	Bosnia and Herzegovina	Constitutional and legislative framework Migrants	general migrant workers
	c) while acknowledging the oral information provided by the delegation during the dialogue with the Committee, the State party’s report does not contain adequate information in relation to practical measures taken by the State to implement the legal framework, in particular the degree to which the constitutional and other legal protections of migrant workers and members of their families are enforced	Bosnia and Herzegovina	Constitutional and legislative framework Migrants	migrant workers
	r) incorporate, in its next periodic report, detailed information on the practical implementation of the legal framework.	Bosnia and Herzegovina	Constitutional and legislative framework Migrants	general migrant workers
	w) efforts to address rights related generally to employment, including the rights of non-citizens, through the promulgation of a number of laws at the national and Entity levels c) the proliferation of legislation at the national and Entity levels has resulted in a lack of consistency between the respective laws and regulations at national and Entity level which, in turn, undermines the State party’s ability to protect the rights of migrant workers as envisaged by the CMW. c) concerned that the different laws in the Entities regulating the issuing of work and residence permits may not be in compliance with national law and the CMW	Bosnia and Herzegovina	Constitutional and legislative framework Migrants	general migrant workers
	r) take all necessary measures to harmonize its legislation with the CMW in order to implement its provisions	Bosnia and Herzegovina	Constitutional and legislative framework Migrants	general migrant workers
	n) Bosnia and Herzegovina has not yet made the declarations provided for in articles 76 and 77 of the CMW recognizing the competence of the Committee to receive communications from States parties and individuals	Bosnia and Herzegovina	Acceptance of international norms Migrants Right to an effective remedy, impunity	general migrant workers
	r) consider making the declarations provided for in articles 76 and 77 of the CMW	Bosnia and Herzegovina	Acceptance of international norms Migrants Right to an effective remedy, impunity	general migrant workers
	n) efforts in gathering data relating to migrant inflows, including the State party’s proposed plans to merge all migration-related databases c) the continuing existence of several databases containing similar information may hinder efforts to effectively manage this information c) the lack of adequate information on transmit migration patterns	Bosnia and Herzegovina	Context, statistics, budget, training, dissemination, civil society Migrants	general migrant workers
	r) expedite its efforts to integrate all migration-related databases in order to ensure the effective management of information and assist the development of sound migration policies r) include, in its next report, information relating to transit migration	Bosnia and Herzegovina	Context, statistics, budget, training, dissemination, civil society Migrants	general migrant workers
	n) information provided by the delegation in relation to the training of border police on the CMW but notes the absence of detailed information thereon c) current efforts at training may be limited in their reach and there is no information on measures to disseminate information and promote the CMW among other relevant stakeholders, in particular civil society organizations	Bosnia and Herzegovina	Context, statistics, budget, training, dissemination, civil society Migrants	general migrant workers
	r) encourages the State party: r) to strengthen and expand its training programmes to include all officials working in the area of migration, including social workers, judges and prosecutors and to provide information in its second periodic report on any such training programmes r) to take the necessary steps to ensure access by migrant workers to information about their rights under the CMW r) To work with civil society organizations in order to disseminate information on and to promote the CMW	Bosnia and Herzegovina	Context, statistics, budget, training, dissemination, civil society Migrants	general migrant workers
	w) the promulgation of the Law on Movement and Stay of Aliens and Asylum, which entered into force in October 2003, and provides that non-citizens shall not be subject to discrimination on any grounds n) the Constitutions of Bosnia and Herzegovina and the Entities, similarly, prohibit discrimination c) there is no precise information available as to the extent to which the legal framework has been effective in protecting the rights of migrant workers from discrimination	Bosnia and Herzegovina	Non-discrimination Migrants	migrant workers non-citizens
	r) include, in its next periodic report, detailed information on the effective application of the anti-discrimination provisions in practice	Bosnia and Herzegovina	Non-discrimination Migrants	migrant workers non-citizens
	c) information indicating violations of the rights of migrant workers to an effective remedy, in particular in relation to the revocation of rights of citizenship and subsequent expulsion orders c) migrant workers who have been stripped of their right to citizenship are particularly vulnerable to having their due process rights violated	Bosnia and Herzegovina	Migrants Right to an effective remedy, impunity Rights related to name, identity, nationality	migrant workers non-citizens
	r) strengthen the legal framework available to migrant workers for the effective redress of such complaints r) ensure that, in legislation and in practice, migrant workers and members of their families, including those in an irregular situation, have the same rights as nationals of the State party to file complaints and to obtain effective redress before the courts	Bosnia and Herzegovina	Migrants Right to an effective remedy, impunity Rights related to name, identity, nationality	migrant workers non-citizens
	c) the lack of information regarding the extent, if any, to which migrant workers and members of their families in an undocumented or irregular situation enjoy in practice the rights set out in Part III of the CMW	Bosnia and Herzegovina	Migrants	migrant workers non-citizens
	r) review its legislation to ensure that migrant workers and members of their families in an undocumented or irregular situation enjoy the rights under Part III of the CMW	Bosnia and Herzegovina	Migrants	migrant workers non-citizens
	c) reports that the conditions of detention in the immigration holding centre are not in accordance with the CMW c) the immigration centre does not provide adequately for the accommodation of families c) no information was provided in relation to the maximum period for which migrants may be detained	Bosnia and Herzegovina	Conditions of detention Enforced disappearances Migrants	general migrant workers non-citizens persons deprived of their liberty
	r) ensure that migrant workers and members of their families who are held in detention centres have access to legal aid and consular services, that they are not detained except in accordance with clear legal criteria and that their treatment is otherwise in full compliance with the CMW	Bosnia and Herzegovina	Conditions of detention Enforced disappearances Migrants	migrant workers non-citizens persons deprived of their liberty
	n) the existence of public employment services which provide information on migration n) (as did the ILO Committee of Experts on the Application of Conventions and Recommendations in its Direct request of 2008 in relation to the Migration for Employment Convention (Revised), 1949 (No. 97)), 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 c) reiterates the concern of the ILO Committee of Experts that there is inadequate protection for migrant workers from misleading information from intermediaries who might have an interest in encouraging migration in any form, regardless of the consequences for the workers involved	Bosnia and Herzegovina	Context, statistics, budget, training, dissemination, civil society Migrants	general migrant workers
	r) the Committee recommends that the State party: r) take adequate measures to combat misleading propaganda relating to migration, through, inter alia, the full implementation of article 33 of the CMW r) take such steps as may be necessary to protect migrant workers from any abuses due to misleading information on the migration process	Bosnia and Herzegovina	Context, statistics, budget, training, dissemination, civil society Migrants	general migrant workers
	n) the State party’s electoral laws make it possible for citizens of Bosnia and Herzegovina who reside temporarily abroad to participate in elections through the consulate or other diplomatic representation of the country where they are residing or by mail n) the significant reduction in the number of State party nationals abroad who participate in elections c) the lack of clarity in relation to the implementation of this right	Bosnia and Herzegovina	Migrants Right to participation in public affairs and right to vote	migrant workers migrants
	r) strengthen measures to facilitate voting by its nationals abroad i) provide, in its second periodic report, additional information on the legislative framework for facilitating the exercise of this right, as well as its practical implementation in the case of workers resident outside of Bosnia and Herzegovina	Bosnia and Herzegovina	Migrants Right to participation in public affairs and right to vote	migrant workers migrants
	c) in light of the high percentage of citizens of Bosnia and Herzegovina abroad, no information has been provided regarding procedures or institutions through which account may be taken of the special needs, aspirations and obligations of the State party’s migrant workers and members of their families abroad	Bosnia and Herzegovina	Migrants	migrant workers
	r) consider the establishment of such procedures and institutions in accordance with article 42, paragraph 1) of the CMW and provide, in its next report, information on any measures taken pursuant to that provision	Bosnia and Herzegovina	Migrants	migrant workers migrants
	c) there are no precise data available on the number of seasonal workers employed in the State party n) there is no system by which seasonal workers are registered nor are there any bilateral or multilateral agreements on the movement of seasonal workers c) the lack of information and control may make seasonal workers vulnerable to inequitable conditions of work and to abuse	Bosnia and Herzegovina	Migrants Right to just and favourable conditions of work	migrant workers
	State party: r) develop and implement a system of registration as well as a system of data collection on seasonal workers r) consider negotiating bilateral and multilateral agreements with neighbouring and other countries, as appropriate, with a view to promoting sound, equitable and humane conditions in connection with the migration of seasonal workers and in accordance with the CMW r) take all necessary steps to ensure to seasonal workers the enjoyment of the right to the same treatment as national workers, particularly in respect of remuneration and conditions of work, and to ensure systematic monitoring by the relevant authorities of compliance with international standards in this regard	Bosnia and Herzegovina	Migrants Right to just and favourable conditions of work	migrant workers
	n) several agencies are responsible for the implementation of laws and policies relating to labour migration c) there may be areas of overlap and duplication in the planning and coordination of activities and responsibilities relating to the rights of migrant workers among agencies and ministries at the national and Entity levels	Bosnia and Herzegovina	Institutions & policies Migrants	general migrant workers
	r) with a view to improving the coordination and implementation of measures to protect the rights of migrant workers and their families, take the necessary steps to ensure effective coordination between its ministries and agencies at all levels of government	Bosnia and Herzegovina	Institutions & policies Migrants	general migrant workers
	w) the efforts of the State party to combat trafficking, including through cooperation with the international community, the implementation of two national action plans and extensive legislative and institutional reforms w) efforts to prosecute persons involved in trafficking c) the phenomenon of trafficking in Bosnia and Herzegovina	Bosnia and Herzegovina	Migrants Prohibition of slavery, trafficking	children general migrant workers women
	r) continue efforts to address trafficking, including through measures aimed at prevention as well as the care and rehabilitation of victims of trafficking r) continue to combat trafficking through the prosecution of those responsible	Bosnia and Herzegovina	Migrants Prohibition of slavery, trafficking	children general migrant workers women
	i) include in its second periodic report detailed information on measures taken to follow up on the recommendations made in these concluding observations r) take all appropriate measures to ensure that these recommendations are implemented, including by transmitting them for consideration and action to members of the Government and legislature, as well as administrative and other relevant authorities responsible at the national and Entity levels	Bosnia and Herzegovina	Cooperation with treaty bodies	general migrant workers
	c) the limited involvement of non-governmental organizations (NGOs) and other civil society organizations in the preparation of the present report r) take all the necessary measures to ensure the involvement of civil society organizations in the implementation of the CMW and the preparation of the State party’s second periodic report	Bosnia and Herzegovina	Cooperation with treaty bodies Context, statistics, budget, training, dissemination, civil society	general migrant workers
	r) disseminate these concluding observations widely, including to public agencies and the judiciary, NGOs and other members of civil society, and to take steps to make them known to Bosnia and Herzegovina migrant workers abroad and foreign migrant workers residing or in transit in Bosnia and Herzegovina	Bosnia and Herzegovina	Cooperation with treaty bodies Context, statistics, budget, training, dissemination, civil society	general migrant workers
	r) submit its common core document in accordance with the 2006 harmonized guidelines for the preparation of a common core document (HRI/MC/2006/3 and HRI/MC/2006/3/Corr.1)	Bosnia and Herzegovina	Cooperation with treaty bodies	general migrant workers
	n) second periodic report is due on 1 July 2009 r) submit its second periodic report not later than 1 May 2011	Bosnia and Herzegovina	Cooperation with treaty bodies	general migrant workers

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