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Maritime Labour Convention, 2006 (MLC, 2006) - Bosnia and Herzegovina (RATIFICATION: 2010)

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The Committee notes the Government’s third report on the application of the Maritime Labour Convention, 2006, as amended (MLC, 2006). The Committee notes that the amendments to the Code approved by the International Labour Conference in 2016 and 2018 entered into force for Bosnia and Herzegovina (BiH) on 08 January 2019 and 26 December 2020, respectively.

Article I of the Convention. General questions on application. Implementing measures. The Committee takes note of the information provided by the Government, in reply to its previous comment, that the Internal and Maritime Navigation Act (No 73/05) contains parts relating to maritime ships and crews, which are covered by the Convention. The Committee observes however that the Government reiterates that Bosnia and Herzegovina does not have a merchant marine and that all seafarers are engaged on ships of other countries. The Government further informs that there were no changes in the legislation compared to the previous report, and that the Rulebook on maritime and ship’s books is the responsibility of authorities at the state level. The Committee requests the Government to keep it informed on any future developments in the maritime sector, which would have a bearing on the application of the flag State requirements of the Convention.

Article II. Definitions and scope of application. Definition of seafarers and ships. In its reply to the Committee’s previous comment, the government indicates that there were no changes regarding definitions of terms that are the subject of the Internal and Maritime Navigation Act, as well as the existence of the required Certificate on work at sea, and the Declaration on meeting the working conditions of seafarers. The Government further reiterates its commitment to keep the Committee informed of any developments in this respect. The Committee requests the Government to adopt the necessary measures to ensure that any person employed, engaged or working in any capacity on board a ship to which the Convention applies is considered a seafarer for the purpose of implementing the requirements of the Convention.

Regulation 1.1 and the Code. Minimum age. The Committee notes the information provided by the Government in reply to its previous comment, that Section 20 of the Labour Law of the Federation of BiH applies to all employment relations and prohibits individuals under 15 years from entering employment, while those aged 15 to 18 require consent from a legal representative and a medical certificate indicating their fitness for work. The Committee also notes that the Government reiterates that according to the Internal and Maritime Navigation Act, the minimum age for seafarers is 18 years. Referring to its comment under Article I, the Committee takes note of this information.

Regulation 1.4 and the Code. Recruitment and placement. In its reply to the Committee’s previous comment, the Government indicates that there are still no private recruitment and placement agencies in Bosnia and Herzegovina; seafarers look for a job on their own through agencies based mainly in Montenegro, Croatia or other European countries. The Government adds that the country has international agreements with Serbia and Slovenia regarding temporary employment but has not received requests to mediate the employment of seafarers on foreign-flagged ships under these agreements. The Committee requests the Government to continue to report on any future developments regarding the existence of recruitment and placement services in the country. In the absence of information in this respect in the Government’s report, the Committee reiterates its request for the Government to indicate how it gives effect to Standard A1.4, paragraph 8.

Regulation 4.5 and the Code. Social security. The Committee notes the Government’s indication in reply to its previous comment that there are still no shipowners’ “headquarters” in the country and that seafarers working on foreign flagged ships are therefore not covered under the national social security system. The government further states that, consistent with the majority of international treaties, the social security of seafarers is governed by the regulations of the country whose flag the vessels are operating under. The Committee recalls, in this connection, that labour-supplying countries have an obligation to ensure the implementation of the Convention’s requirements regarding the recruitment and placement and the social security protection of seafarers that are its nationals or are resident or are otherwise domiciled in its territory (Regulation 5.3 and the Code).The Committee accordingly requests the Government to adopt the necessary measures without delay, for example through bilateral agreements, to ensure that seafarers ordinarily resident in Bosnia and Herzegovina who are working on ships that fly the flag of another country, are provided with social security in the six branches specified by the Government when it ratified the Convention.