ANNUAL REPORT ON THE RESULTS OF THE ACTIVITIES OF THE INSTITUTION OF THE HUMAN RIGHTS OMBUDSMAN OF BOSNIA AND HERZEGOVINA
The Central Office in Banja Luka registered 198 cases, the Regional Office Sarajevo 378, the
Regional Office Mostar 51, the Regional Office Brčko 127, and the Field Office Livno had 50
complaints. In these cases Ombudspersons issued 97 recommendations. The largest number of
recommendations related to alleged violations of the rights pertaining to labor relations (51), health
insurance (19), pension insurance (11), ecology and environmental protection (6), utilities (5),
social protection (4) and education (3).
In 2019 Ombudspersons prepared their submission to the UN Committee on Economic, Social and
Cultural Rights (CESCR)175.
6.1. Labor relations
The right to work is one of the basic human rights guaranteed by the Universal Declaration of
Human Rights, 176 International Covenant on Economic, Social and Cultural Rights 177, the
Constitution of Bosnia and Herzegovina, the Constitution of Republika Srpska 178, the Constitution
of the Federation of Bosnia and Herzegovina 179 the Statute of Brčko District 180 and relevant labor
legislation at the level of Bosnia and Herzegovina and the entities. This right is equal for all, i.e. it
implies the obligation of the competent authorities to enable citizens to exercise this right, or equal
access to work and under equal conditions. At the same time, it is important to note that the legal
formulation of the "right to work" does not imply a guarantee of the exercise of this right.
Unemployment has taken large proportions in Bosnia and Herzegovina, and citizens in contact
with the Ombudsmen often point out that the published competitions for vacant positions are
mostly framed. The problem of availability, and above all the efficiency of legal remedies in public
competitions, was also pointed out. Aware of their helplessness, and in the desire to provide for
themselves and their family members, the citizens of Bosnia and Herzegovina, and often entire
families, are forced to leave their homes and go to seek job in other countries. Therefore, the
demographic picture of the society in Bosnia and Herzegovina is more than worrying.
Ombudspersons are commending the adoption of the Ordnance on the procedure of employment
in the public sector in the Federation of Bosnia and Herzegovina. 181 Article 12 of this Ordnance
imposes the obligation on the employer to hire the most successful candidate from the list of
successful candidates according to the announced public competition.
In 2019 the Ombudsman registered 281 complaints in the field of labor relations, and issued 51
recommendations. The analysis of complaints related to the violation of the right to work reveals
175
Bosnia and Herzegovina is a signatory of the International Covenant on Economic, Social and Cultural Rights.
Article 16 of the Covenant provides for the obligation of the state to submit report on measures adopted and the
progress achieved in ensuring respect for the rights recognized in the Covenant; a document number: Oi-K-SA-109/19
dated 22 July 2019
176
Article 23
177
Article 6
178
Article 39
179
Article 2 (1) l)
180
Article 13
181
172 session of the Government of the Federation of Bosnia and Herzegovina published in the ''Official Gazette of
the Federation of Bosnia and Herzegovina" No 13/19
49
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