ANNUAL REPORT ON THE RESULTS OF THE ACTIVITIES OF THE INSTITUTION OF THE HUMAN RIGHTS OMBUDSMAN OF BOSNIA AND HERZEGOVINA
Example: Citizens also addressed the Ombudsman during this reporting period 484 with complaints
alleging discrimination due to the preferential treatment of certain groups in exercising their right
to work in the Tuzla Canton. The issue in question dates back to 2014 when several complaints
were received concerning the Law on Supplementary Rights of Veterans and Members of Their
Families in Tuzla Canton 485 and Rulebook on Conditions, Criteria and Procedure for Employment
in Public Primary and Secondary Education Institutions in the Tuzla Canton. 486 Following the
investigation procedure, the Ombudsmen issued a recommendation 487. Since the recommendation
in question has not been respected and the problem has been re-implemented in practice, 488 on 5
July 2019, the Assembly of the Tuzla Canton and the Ministry of Education, Science, Culture and
Sports of the Tuzla Canton were again asked to consider Ombudsperson's recommendation No. P100/15.
10.4.3. Victimization
Victimization, as a form of discrimination, is prohibited and represents any form of adverse
treatment of persons who have reported or intend to report discrimination in good faith, attended
or witnessed discrimination, refused a discriminatory treatment order, participated in any way in
the anti-discrimination procedure provided or intended to provide information or documents
required in the anti-discrimination proceeding or to inform the public about the discriminatory
treatment 489.
Ombudsmen emphasize that a person who complains about discrimination must feel safe, without
fear of losing their job or being disadvantaged. It is extremely difficult to combat discrimination,
it takes strength and determination to invoke the right to equal treatment, and effective protection
against victimization is one of the key guarantees of all anti-discrimination legislation.
Within the meaning of the Law on Prohibition of Discrimination of Bosnia and Herzegovina, the
consequences that persons suffer from initiating proceedings for violation of some other rights (for
example, procedures for reporting corruption, appealing to inspection, appealing in administrative
procedure, filing lawsuits, etc.) are not considered victimization and are not related to some form
Ž-BL-06-481/19
Official Gazette of the TK, no. 03/2007 and 05/2014
486
No. 10/1-02-28915/14, dated December 02, 2014.
487
Recommendation No. P-100/15 of 22 April 2015;
488
According to the Institution, the Ministry of Education, Science, Culture and Sports adopted a new Rulebook on
Conditions, Criteria and Procedure for Employment in Public Institutions of Primary and Secondary Education in the
Canton of Tuzla, No. 10/1-34-018011-2/15, dated July 31, 2015. Reviewing the Rulebook, No. 10/1-34-018011-2/15,
dated July 31, 2015, it can be stated that Articles 6 and 9 continue to be provided with points based on their affiliation
with the veteran population, provided that scoring on the basis of work obligation. Further, Article 20 (11) further
provides that, "By way of derogation from paragraph (6), the Director may, upon a reasoned request, with the consent
of the Ministry, receive persons from the Law on Supplementary Rights of Veterans and Members of Their Families
...". From the foregoing, it can be concluded that the recommendation of the Ombudsman P-100/15 was not complied
with, which takes the view that preference for the categories explicitly mentioned by the Law and the Regulations can
be given, but only on equal terms with other candidates, and would be a fairer solution. whether in the case of the
same number of points, preference is given to candidates who fall into the categories from the above-mentioned laws
and regulations, or the recommendation to the "Ministry of Education, Science, Culture and Sports of the Tuzla Canton
to revise the Rulebook on the criteria for admission of employees to employment in preschools, primary and secondary
schools as public institutions in the Tuzla Canton, according to the principle of giving priority to the above categories
in case of the same number of points detailed in this Recommendation."
484
485
489
Article 18 of the Law on Prohibition of Discrimination
121
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