Protection against Accidents (Dockers) Convention (Revised), 1932 (No. 32) - Bosnia and Herzegovina (RATIFICATION: 1993)

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Legislation giving effect to the Convention. The Committee notes the information provided by the Government concerning the law and regulations giving effect to the Convention. The Government indicates that most of the regulations date from the era of the Federal Republic of Yugoslavia, which had a substantial coastline, and that they need no longer be applied in view of the country’s more limited access to the sea. Recalling that the Convention relates to the protection of workers engaged in loading and unloading in any maritime and inland port, the Committee requests the Government to provide, where applicable, information on any future legislation or regulation in the context of the possible development of inland and maritime navigation and the necessary development of the corresponding cargo handling operations.

Part V of the report form. Application in practice. Noting the absence of data on the application of the Convention in practice and considering the possible development of cargo transport by inland or maritime navigation, the Committee requests the Government to envisage measures for the collection of information on reported violations of the regulations relating to the protection of dockers against accidents, as well as on occupational accidents recorded, including the number of workers affected.

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The Committee notes the response provided by the Government in its latest report which indicates that an exit out to the Adriatic Sea exists only within the Federation of Bosnia and Herzegovina, and given its size of 12.2 square kilometres, there is no port, harbour or quay for loading or unloading of passengers or cargo, and no manufacturing takes place either. The Committee also notes that while the Government has referred to general health and safety legislation, as well as specific regulations within the Federation of Bosnia and Herzegovina on internal and sea navigation and maintaining order in ports and harbours, effect does not appear to have been given to the majority of the provisions of the Convention. Referring to its comments under the Occupational Safety and Health Convention, 1981 (No. 155), the Committee hopes the Government will seek technical assistance from the Office for the development of legislation giving effect to the provisions of the Conventions ratified by Bosnia and Herzegovina, and to properly understand the reporting obligations associated with such ratifications.

Part V of the report form. Application in practice. The Committee notes the information provided by the Government indicating that there are approximately 1,000 seafarers registered in Bosnia and Herzegovina, but that as no trade or navy exists, all these seafarers are employed on ships of other States. The Committee asks the Government to continue to provide information on the application of this Convention in practice.

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The Committee notes that the Government indicates that, according to its Constitution, international agreements ratified by the Federation have a direct effect on 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 do 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 and 11–12 of the Convention and provide information on measures taken, in law and in practice, to give effect to Articles 1–2, 7–8, 10, 13–14, and 16–17 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 Committee also reminds the Government that the Governing Body has invited the State parties to Convention No. 32 to consider ratification of the Occupational Safety and Health (Dock Work) Convention, 1979 (No. 152), which would automatically entail immediate denunciation of Convention No. 32 (GB.268/LILS/5(Rev.1), paragraphs 99–101). It would also like to draw the Government’s attention to the code of practice recently adopted by the ILO entitled Safety and health in ports (Geneva, 2005), which is available, inter alia, at the ILO web site: www.ilo.org/public/english/protection/safework/cops/english/. The Committee would be grateful if the Government could keep the Office informed of any developments in this respect.

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