Demande directe (CEACR) - adoptée 2008, publiée 98ème session CIT (2009)

The Committee notes the information supplied by the Government in response to its previous comments on the number of labour inspection officials, the transport and office facilities at their disposal and the initial training of labour inspectors in the Republika Srpska and in the Federation of Bosnia and Herzegovina. It further notes the adoption on 2 December 2005 of the Act on inspections of the Federation of Bosnia and Herzegovina, which, inter alia, determines the scope of labour inspection (section 33) and provides for the rights of all categories of inspectors (sections 67 and 68).

Article 3, paragraphs 1(a) and 2, of the Convention. Action against illegal employment and monitoring of legislation relating to occupational safety and health. The Committee notes that, according to the 2007 report of the inspection administration of the Republika Srpska, because priority was given to combating illegal employment, labour inspectors have not played a very active role in the field of occupational safety and health (OSH) over the past few years. The Committee notes with interest, however, that the situation has begun to evolve since 2006 thus enabling labour inspectors to better discharge their primary inspection duties in the field of OSH. The report adds that the scope of competence of labour inspectors would be modified following the adoption of the new Law on Protection at Work. The Committee requests the Government to supply information in its next report on the scope and the development of inspection activities in the field of OSH under the new law and to provide a copy of this text, which was adopted in 2008.

Article 12, paragraph 1(a) and (b), and Article 18. Right of entry of labour inspectors – Penalties for obstructing labour inspectors in the performance of their duties. Under section 67(3) of the above Act of the Federation of Bosnia and Herzegovina, inspectors are entitled to inspect all workplaces. The same right is granted to inspectors in the Republika Srpska under section 26 of the Act of 28 July 2005 on inspections, supplemented by section 80 with regard to the timing of inspection visits. Referring the Government to its comments under Convention No. 111 as regards the follow-up of the conclusions of the Governing Body from November 1999 on Article 24 representation submitted by the Union of Autonomous Trade Unions of Bosnia and Herzegovina (USBIH) and the Union of Metalworkers (SM), the Committee requests it to continue to supply information on the implementation of the legal provisions on the right of entry of labour inspectors and on any acts of obstruction reported by labour inspectors and penalties imposed.

Article 15. Obligations of labour inspectors: prohibition of any direct or indirect interest, professional secrecy and confidentiality of the source of any complaint. With reference to its previous comments, the Committee requests the Government to supply information on any provisions establishing in regulations or codes of conduct the above ethical obligations for labour inspectors in the performance of their duties in both entities.

Articles 4, 20 and 21. Publication of an annual general report on the work of the labour inspection services. The Committee notes the report on the work of the labour inspection services in the Republika Srpska for 2007 sent by the Government and wishes to underline the quality of the information it contains. However, it observes that this report does not contain some of the information needed to appraise the scope of the competence of the labour inspection system, such as the total number of industrial and commercial establishments liable to inspection and the number of workers employed therein. The Committee requests the Government to ensure that this information, together with statistics on occupational diseases, is included in the next annual report of the inspection administration of the Republika Srpska, as required by Article 21(c) and (g).

The Committee notes the statistics on the number of inspection visits carried out by the labour inspectorate of the Federation of Bosnia and Herzegovina in 2007. With reference to its previous comments, it must, nevertheless, once again draw the attention of the Government to the obligation for the central authority of each entity to publish and communicate to the ILO an annual report on the work of the labour inspection services under their control, in accordance with Article 20. It hopes that the Government will rapidly take the necessary measures to ensure that the data required under Article 21 are collected from the labour inspection services, compiled and published in such an annual report by the central authority of the Federation of Bosnia and Herzegovina. The Government is requested to keep the Office informed of any development in this regard and of any difficulties encountered.

Regional cooperation. The Committee notes the signature, in September 2008, of the Declaration on regional cooperation of labour inspectorates in south‑east Europe, Azerbaijan and Ukraine, in which the signatories express their commitment to the development of regional cooperation with a view to ensuring safe and healthy workplaces and the protection of workers’ rights. It would be grateful if the Government would supply information on the activities undertaken by the labour inspection services in this framework.