Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Labour Inspection (Agriculture) Convention, 1969 (No. 129) - Bosnia and Herzegovina (Ratification: 1993)

The Committee refers to its comments under the Labour Inspection Convention, 1947 (No. 81), in so far as they are concerned with the application of the present Convention.

Labour inspection needs assessment (ILO technical assistance). The Committee notes with interest that the Government received ILO technical assistance in the form of a labour inspection needs assessment in 2012 (2012 audit) and that the recommendations were made with a view to improve the effectiveness, efficiency and quality of the labour inspection services. The recommendations also concern, in addition to Convention No. 81, the improved application of the present Convention (in particular the recommendations concerning adequate transport facilities, personal protective equipment, training of labour inspectors in agriculture, etc.). The Committee requests the Government to indicate the steps taken or envisaged with a view to improve the labour inspection system in accordance with the requirements of the Convention, in light of the recommendations made in the 2012 audit and to provide a copy of any texts adopted in this regard.

Article 9(3) of the Convention. Adequate initial and further training for labour inspectors in agriculture. The Committee notes that the Government does not communicate information on any training provided for labour inspectors in agriculture. It further notes from the 2012 audit, that training on subjects specific in agriculture, such as the handling of chemicals, has still not been provided. Referring to its comments under Convention No. 81 in this regard, the Committee notes that one of the recommendations in the 2012 audit concerns the design and implementation of training strategies covering the specific needs of labour inspection. The Committee therefore once again requests the Government for detailed information on initial and further training activities for labour inspectors (content, duration, frequency and number of participants, etc.) specifically in agriculture-related subjects like the handling of chemicals.

Article 13. Collaboration between officials of the labour inspectorate and employers and workers of their organizations. The Committee notes the information provided by the Government according to which, in the Federation of Bosnia and Herzegovina, no specific measures were taken to promote cooperation between the labour inspection officials and employer and workers or their organizations in relation to agricultural undertakings. It further notes the Government’s indications that labour inspection issues are discussed in the tripartite Economic and Social Council of the Republika Srpska, but that the Government has not provided further details on whether discussions have included agricultural undertakings. Referring to its comments under Convention No. 81 in this regard, the Committee notes that one of the recommendations in the 2012 audit concerns the intensification of collaboration with the social partners and the promotion of joint discussions on the exact role of labour inspection. The Committee requests the Government, once again, to indicate whether any measures have been taken or are envisaged to promote collaboration specifically in relation to agricultural undertakings between officials of the labour inspectorate and employers and workers or their organizations and to give any examples of such collaboration. In this respect, the Committee draws the attention of the Government to the guidance provided in Paragraph 14 of the Labour Inspection (Agriculture) Recommendation, 1969 (No. 133).

Articles 14 and 15. Human and material resources including transportation facilities available to the labour inspection services in agriculture. Referring to its comments under Convention No. 81 on the insufficiency of the human and material resources available to the labour inspectorates as diagnosed in the 2012 audit and the corresponding recommendations in this regard, the Committee recalls that transport facilities are of particular importance for the effective exercise of the functions of labour inspectors to reach agricultural undertakings in remote areas (see also paragraph 255 of the 2006 General Survey on labour inspection). It would also like to emphasize the importance for labour inspectors in agriculture to have at their disposal appropriate protective equipment to protect them from typical hazards in this sector (exposure to chemical products or pesticides, etc.). The Committee asks the Government to provide detailed information on any follow-up measures taken with regard to the recommendations in the 2012 audit (that is, strengthening the human resources of the labour inspectorates, purchase of adequate transport facilities and appropriate protective equipment, etc.).

In this regard, the Committee asks the Government to specify the number of labour inspectors exercising functions in agriculture throughout the entities and in the Brcko District, as well as the material means at their disposal, in particular the number of vehicles. If applicable, please also provide information on the monthly travel allowances paid to offset the costs incidental to the performance of the duties of labour inspectors (amount, procedure for reimbursement, etc.).

Articles 26 and 27. Annual report on the work of the inspection services in agriculture. The Committee notes the annual reports on the work of the inspection services of the Federation of Bosnia and Herzegovina (the Federal Administration for Inspection Issues (FAII)) for 2009, 2010 and 2011 and of the Republica Srpska for 2010 and 2011. It notes however that it has not been able to locate information, neither in the annual reports of the Federation of Bosnia and Herzegovina, nor the annual reports of the Republica Srpska, which is particularly related to the work of the labour inspection services in agriculture. It notes that again no annual labour inspection report relating to the Brcko District has been received. Noting from the 2012 audit that, in the Republika Srpska, agriculture represents one third of the economic activities of the entity, and its reiterated comments in this regard, the Committee once again reminds the Government of the obligation to publish and communicate, under Article 26 of the Convention, an annual report containing information on the subjects set forth in Article 27. It invites the Government to refer, in this regard, to paragraphs 320–345 of its General Survey of 2006 on labour inspection and emphasizes the need for information, specifically concerning the working of the labour inspection system in agriculture, to be presented separately in the general report so that labour inspection in agriculture can be improved, if necessary, by the adoption of appropriate measures (paragraph 330 of the General Survey). The Committee therefore once again requests the Government to indicate in its next report any measures taken or envisaged so as to collect statistics regarding the activities of the inspection services in agriculture and to ensure that the central inspection authority of each entity and the Brcko District discharges its obligations to publish and communicate to the Office an annual report on the work in agriculture of the services under their control, either as a separate report or as part of its general annual report on the activities of all the inspection services. It once again requests the Government to indicate any practical difficulties encountered in this regard.

It requests the Government in any event to provide with its next report statistical information that is as detailed as possible on agricultural undertakings liable to inspection and the persons employed therein; statistics of inspection visits; violations reported and penalties imposed; and occupational accidents and cases of occupational disease, including their causes.