Observation (CEACR) - adoptée 2007, publiée 97ème session CIT (2008)

The Committee notes the Government’s report for the period ending in June 2006. Further to its previous observation, it draws the Government’s attention to the following points.

1. Article 12, paragraph 1(a) and (b), of the Convention. Right of free entry of labour inspectors. A representation submitted to the ILO on 9 October 1998 pursuant to article 24 of the ILO Constitution by the Union of Autonomous Trade Unions (USIBH) and the Union of Metalworkers (SM) alleging violation of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111) stated that the federal labour inspectorate and the cantonal labour inspectorate had never been able to obtain the authorization of the cantonal minister responsible for labour to conduct an inspection visit in the factories concerned (Aluminij dd Mostar and Soko dd Mostar) in order to verify the allegations of the abovementioned trade unions. The committee of the ILO Governing Body responsible for examining the representation noted, in particular, that the fact that the cantonal labour inspector was obliged to request the authorization of the cantonal minister before being able to conduct an inspection visit was not in conformity with Article 12, paragraph 1, of the Convention and requested that the follow-up to the case be also entrusted to this Committee. The Committee addressed an observation to the Government in 2000 and again in 2001 requesting it to take all appropriate steps as soon as possible to remove the requirement in the legislation whereby labour inspectors must seek authorization from the supervisory authority to exercise their right of entry to workplaces and premises liable to inspection. Since the Government did not reply to this request in its report of June 2002, the Committee invited it to do so in a new observation in 2003, which was repeated in 2004 and 2005. The Government’s report sent in 2006 shows that none of the laws on inspections contains any provision obliging labour inspectors to obtain authorization to be able to enter an enterprise. Consequently, if such an authorization has been required, this practice is contrary to the law. The Government also states that random inspections were undertaken on 29 and 30 March 2000 in the two enterprises concerned and that measures were ordered by the chief federal inspector. However, it does not state whether measures were taken, firstly, to penalize the officials responsible for such a practice and, secondly, to avoid any recurrence thereof. The Government is requested to supply information in this respect in its next report and also any relevant document (copy of any administrative decision or circular containing instructions ensuring the exercise of inspectors’ free right of entry to workplaces under their supervision, etc.). The Committee also requests it to indicate the legal provisions which apply specifically to labour inspectors’ right of entry to workplaces under their supervision in each of the two entities (Republika Sprska and the Federation of Bosnia and Herzegovina) and in the Brcko District, and to send copies of them.

2. Articles 4, 20 and 21. Production and publication by the central authority of an annual general report on the work of the labour inspectorate. The Committee notes the information from the Government to the effect that the labour inspection system is placed under the control of the authorities in each of the federated entities and the Brcko District, the inspection system comprising bodies acting at the level of the entity and bodies functioning at local level. The Government indicates that a report on the work of the labour inspectorate is drawn up by the central authority of each entity, on the basis of reports drawn up and transmitted by the local inspection bodies. However, in the Federation of Bosnia and Herzegovina, the cooperation between the different bodies in the system at central and local (cantonal) levels is inadequate, and the activity reports are not transmitted by the cantonal inspection bodies. The Committee draws the Government’s attention to the need to publish reports on the work of the inspection services, firstly, to evaluate and improve the operation of the system as a whole and, secondly, to be able to allocate adequate resources in the light of the requirements identified and the available resources. Referring to its previous comments, the Committee asks the Government once again to take the necessary steps to ensure that an annual report on the work of the labour inspectorate is published by the central authority of each entity. It hopes that the Government will soon be in a position to supply such reports to the ILO and that they will contain the information required by each of clauses (a)–(g) of Article 21.

The Committee is raising a number of other points in a direct request to the Government.