Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Social Security (Minimum Standards) Convention, 1952 (No. 102) - Bosnia and Herzegovina (Ratification: 1993)

The Committee notes the first report of 2007 on the application of the accepted Parts II–VI, VIII and X of the Convention, as well as the explanations provided by the Government that labour and employment issues are regulated autonomously by the entities of Bosnia and Herzegovina, the Federation of Bosnia and Herzegovina and the Republika Srpska (section 1(3) of the Constitution of Bosnia and Herzegovina), as well as by the Brcko District of Bosnia and Herzegovina (section 9 of the Statute of the Brcko District of 7 December 1999).

The Committee also notes that some of the laws referred to in the report have not been supplied, in particular: the law on health insurance; the law on mediation for employment and social security of unemployed persons; the law on contributions of the Federation of Bosnia and Herzegovina; the law on health insurance and the law on contributions of the Republika Srpska; the law on health insurance and the law on employment and rights during unemployment of the Brcko District. The statistical information submitted is incomplete and does not allow an assessment of the scope of coverage. The Government has not indicated whether it wishes to have recourse to Article 65 or Article 66 of the Convention for the calculation of the level of benefits. The Committee draws attention to the requirements of Article 76 of the Convention, which details the legal and statistical information requested under each of the Articles of this instrument, and recalls that this information should be systematized according to the report form on the Convention giving detailed indication of the provisions of the national legislation under which each Article is applied. In the light of the foregoing and taking into account the complexity due to the application of three different legal systems, the Committee would be grateful if the Government would take account of these requirements in preparing its next detailed report due in 2012. The Government may wish to avail itself of the technical assistance from the Office.