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The Committee notes the responses provided by the Government which reaffirm that there are no special regulations that solely address the protection in relation to the use of white lead and sulphate of lead and of all products containing these pigments, but that protection has been provided under general health and safety regulations. The Committee also notes that effect does not appear to have been given to the majority of the provisions of the Convention across all three entities. Referring to its comments under the Occupational Safety and Health Convention, 1981 (No. 155), the Committee hopes that 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 regarding the reporting obligations associated with such ratifications.
Article 7. Statistics on morbidity and mortality. The Committee notes the information provided by the Government indicating that compilation of data on work accidents and occupational diseases, while mandatory, is not fully carried out in the Federation of BiH and therefore such data are not accessible. The Government has also indicated that there were no reported cases of work injury caused by lead poisoning in the Republika of Srpska during the reporting period. The Committee requests the Government to provide relevant statistics across all three entities – the Federation of BiH, the Republika of Srpska and the Brčko District – concerning cases of morbidity and mortality due to lead poisoning, in accordance with Article 7 of the Convention; and to provide full information on the action taken for the compilation of such statistics.
The Committee notes that the Government indicates that, according to its constitution, international agreements ratified by the Federation have 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.
Articles 1, 2, 5 and 6 of the Convention. Application of the Convention. The Committee notes the Government’s statement that there is no legislation which specifically prohibits the use of white lead and sulphate of lead and of all products containing these pigments in the internal paintings of buildings, and that the Government indicates that there is no information on the use of the abovementioned pigments in practice. With reference to the fact that the ratification of ILO Conventions entails a legal obligation to ensure their application in national law and practice, the Committee requests that the Government provide information on all measures taken or envisaged, in law and in practice, to show compliance with the Convention including its Articles 1, 2, 5 and 6.
Part V of the report form. Application in practice. Article 7. Statistics. The Committee notes the Government’s information that it has no statistical data with regards to lead poisoning among painters in the country. The Committee requests that the Government take all the necessary measures, including developing an appropriate methodology, to ensure that relevant statistical data can be, and is, compiled.
1. Articles 1–7 of the Convention. The Committee notes the Government’s brief first report on the application of the Convention. It also notes that the report does not provide any information on the provisions of national laws or regulations or other measures giving effect to the Convention. The Committee recalls the obligation on all member States, under article 22 of the Constitution of the ILO, to submit reports on the effect given to ratified Conventions that are to be prepared according to the report forms adopted by the Governing Body of the ILO. Under the heading “Practical guidance for drawing up reports”, the report forms request, in case of first detailed reports following the entry into force of the Convention for a State, “full information ... on each of the provisions of the Convention and on each of the questions set out in the report form”. The Committee requests the Government to submit a detailed report on the application of the Convention, in accordance with the report form.
2. Part V of the report form. The Committee particularly draws the Government’s attention to Part V of the report form and requests the Government to provide additional information in its next report on the number of labour inspections carried out, the number of contraventions reported, particularly the nature of these contraventions, and on the number of workers covered by this Convention.
[The Government is asked to report in detail in 2008.]