Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Guarding of Machinery Convention, 1963 (No. 119) - Bosnia and Herzegovina (Ratification: 1993)

The Committee notes that the Government indicates that, according to its Constitution, international agreements ratified by the Federation have a direct effect in the Federation and are thus an integral part of its legislation. In this regard, the Committee would recall that the existence of constitutional provisions giving direct effect to treaties does not replace the obligation to enact texts implementing the Convention.

The Committee notes that, based on the information provided in the Government’s report, it appears that only a few of the provisions of the Convention are applied in the country, and that the report is silent as regards the application of certain provisions of the Convention. The Government is requested to provide further information on measures taken, in law and in practice, to give effect to Articles 3, 5, 6, 9, 11 and 12 of the Convention and to provide information on measures taken, in law and in practice, to give effect to Article 1(1) and (3), Articles 2–4, 6–8, 11–12 and 14, of the Convention and to submit copies of all relevant legislation.

Part V of the report form. Application in practice. The Committee requests the Government to provide a general appreciation of the manner in which the Convention is applied in practice including, for instance, extracts from official reports with statistics, if available, on the number of workers covered by the legislation, the number and nature of the contraventions reported, and the number, nature and causes of the accidents reported, etc. and information on any practical difficulties in the application of the Convention.

[The Government is asked to report in detail in 2010.]