Demande directe (CEACR) - adoptée 2020, publiée 109ème session CIT (2021)

Convention (n° 144) sur les consultations tripartites relatives aux normes internationales du travail, 1976 - Bosnie-Herzégovine (Ratification: 2006)

The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee examined the application of the Convention on the basis of the supplementary information received from the Government this year, as well as on the basis of the information at its disposal in 2019.

Articles 2 and 5. Effective tripartite consultations. The Committee recalls that each of the entities constituting Bosnia and Herzegovina (BiH) is autonomous with regard to employment and labour issues. It welcomes the detailed information provided in the Government’s report concerning the application of the Convention in the three entities established by the Dayton Agreement: the Federation of Bosnia and Herzegovina (FBiH), the Republic of Srpska (RS) and the Brčko District (BD). In response to the Committee’s previous comments, the Government of FBiH indicates that, as a result of its Decision on the Termination of the Collective Agreement for the Territory of the Federation of BiH adopted by the Association of Employers of the Federation of BiH, the General Collective Agreement for the Territory of the Federation of Bosnia and Herzegovina was replaced by the new Law on Amendments to the Labour Law which entered into force in 2018 and contains provisions relating to freedom of association. The Committee notes the Government’s indication that the Convention has been incorporated into the labour legislation of the FBiH. The Government also indicates that it consults with the social partners with regard to the matters covered by the Convention. The Committee notes the Government’s indication in its supplementary information that, during the period 2018-2019 there was a delay in the activities of the tripartite Social and Economic Council of Federation of BiH, and only one meeting of the Council took place in 2019. The Government adds that the report for the meetings of the Council during 2020 will be available only at the end of the calendar year. With regard to the BD, the Committee notes that sections 5, 6, 7 and 8 of the Labour Law pertain to freedom of association. With regard to the RS, the Committee notes that, during the reporting period, the social partners were consulted and participated in the formulation of the response to the ILO questionnaire on the Employment and Decent Work for Peace and Resilience Recommendation, 2017 (No. 205), adopted at the 106th Session of the International Labour Conference. The social partners were also consulted with respect to the procedure for the abrogation of the Inspection of Emigrants Convention, 1926 (No. 21), the Recruiting of Indigenous Workers Convention, 1936 (No. 50), the Contracts of Employment (Indigenous Workers) Convention, 1939 (No. 64), the Penal Sanctions (Indigenous Workers) Convention, 1939 (No. 65), the Contracts of Employment (Indigenous Workers) Convention, 1947 (No. 86), the Abolition of Penal Sanctions (Indigenous Workers) Convention, 1955 (No. 104), the Hours of Work (Fishing) Recommendation, 1920 (No. 7), the Migration for Employment Recommendation, 1939 (No. 61) and the Safety Provisions (Building) Convention, 1937 (No. 62). The social partners of the RS were also consulted with regard to the procedure for withdrawal from the Sickness Insurance (Industry) Convention, 1927 (No. 24), the Sickness Insurance (Agriculture) Convention, 1927 (No. 25), the Workmen's Compensation (Accidents) Convention, 1925 (No. 17) and the Workmen's Compensation (Occupational Diseases) Convention, 1925 (No. 18). The Committee notes from the supplementary information provided by the Government that the social partners of the RS were also consulted with regard to the ratification of a number of ILO instruments. The social partners and the competent ministry agreed on the need to ratify the Labour Statistics Convention, 1985 (No. 160). Regarding the possible ratification of the Violence and Harassment Convention, 2019 (No. 190) and its accompanying Recommendation (No. 206), the workers’ representatives expressed the view that these instruments should be ratified, whereas the employers’ representatives did not concur. The Committee notes that the competent ministry has not yet rendered its opinion in this respect. The Government also indicates that the social partners of the RS are in agreement that there are no obstacles to initiating the procedure for denunciation of the Night Work (Women) Convention, 1948 (No. 89). The Committee notes that no information has been provided on the frequency of tripartite consultations in any of the entities.  The Committee requests the Government to provide information on the impact of the Law on Amendments to the Labour Law on tripartite consultations in the Federation of Bosnia and Herzegovina, the Republic of Srpska and the Brčko District. The Committee further requests that the Government provide updated detailed information on the content, outcome and frequency of tripartite consultations held on all matters concerning international labour standards covered by the Convention, particularly relating to questionnaires on Conference agenda items (Article 5(1)(a)); the submission of instruments adopted by the Conference to the National Assembly (Article 5(1)(b)); the re-examination at appropriate intervals of unratified Conventions and Recommendations to which effect has not yet been given (Article 5(1)(c)); questions arising out of reports to be presented on the application of ratified Conventions (Article 5(1)(d)); and the possible denunciation of ratified Conventions (Article 5(1)(e)).

In the context of the global COVID-19 pandemic, the Committee recalls the comprehensive guidance provided by international labour standards. It encourages the Government to engage in tripartite consultation and social dialogue more broadly as a solid foundation for developing and implementing effective responses to the profound socio-economic impacts of the pandemic. The Committee invites the Government to provide updated information in its next report on measures taken in this respect, in accordance with Article 4 of the Convention and Paragraphs 3 and 4 of Recommendation No. 152, including with regard to steps taken to build the capacity of the tripartite constituents and strengthen mechanisms and procedures, as well as challenges and good practices identified.