Observation (CEACR) - adoptée 2000, publiée 89ème session CIT (2001)

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which reads as follows:

The Committee notes that the Government has supplied no report on the application of the Convention since 1993.

1.  Obligation to report on ratified Conventions.  Recalling to the Government its formal acceptance on 12 April 1993 of the obligations of the ILO Constitution, in conformity with article 1, paragraph 3, thereof, the Committee would be grateful if the Government would provide periodic reports on the manner in which effect is given, in law and in practice, to the provisions of the present Convention by supplying the information requested in the report form adopted by the Governing Body to this end.

2.  Right to free access of labour inspectors to workplaces liable to inspection.  A representation addressed to the ILO on 9 October 1998 under article 24 of the ILO Constitution by the Union of Autonomous Trade Unions of Bosnia and Herzegovina (USIBH) and the Union of Metalworkers (SM) alleging non‑observance by the Government of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111). The Committee established by the Governing Body of the ILO to examine the representation considered in the conclusions to its report adopted at the 276th Session of the Governing Body (November 1999) that the facts placed before it also constituted violations by the Government of the Termination of Employment Convention, 1982 (No. 158), and of Convention No. 81. It consequently adopted a series of Recommendations including that of entrusting the follow-up of the matter to the present Committee, especially for the purpose of monitoring the application of the Conventions cited above.

The representation in question reported a decision to dismiss 1,550 workers, on the basis of national origin or religion, taken by the directors of the "Aluminium" and "Soko" factories, both situated at Mostar. It established that the inspectors mobilized by the trade union organizations to verify the facts and enquire into the precise circumstances of the dispute were unable to accomplish this task in the factories since they lacked the explicit prior authorization of the Cantonal Minister. The Committee notes that the fact that a cantonal labour inspector should be obliged to request authorization from the Cantonal Minister before undertaking an inspection visit is not in conformity with Article 12(1), of this Convention. The Committee stresses that, under Article 12(a), labour inspectors should effectively be authorized to enter freely and without previous notice at any hour of the day or night any workplace liable to inspection. Referring also to paragraphs 156 to 168 of its 1985 General Survey on labour inspection, the Committee requests the Government to take, as soon as possible, all necessary measures to repeal from the legislation the requirement that labour inspectors must seek the authorization of a higher authority to exercise their right of entry in the establishments and workplaces liable to their inspection.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.