Demande directe (CEACR) - adoptée 2018, publiée 108ème session CIT (2019)

Convention du travail maritime, 2006 (MLC, 2006) - Bosnie-Herzégovine (Ratification: 2010)

The Committee notes the Government’s second report on the application of the Maritime Labour Convention, 2006, as amended (MLC, 2006). It notes that the amendments to the Code approved by the International Labour Conference in 2014, entered into force for Bosnia and Herzegovina on 18 January 2017. It further notes that the Government’s report was received before the entry into force of the 2014 amendments.

Article I of the Convention. General obligations. Implementing measures. The Committee noted the Government’s indication that Bosnia and Herzegovina does not have any specialized maritime legislation implementing the Convention and that there is no “mercantile marine or naval force”, to which the requirements under the Convention would apply. The Committee also noted the Government’s indication that there are 1,000 registered seafarers in its territory, all of whom are working on ships operating under the flag of other countries. The Committee notes that, according to the information provided by the Government, a process of adoption of legislation and regulations in the maritime field is under way at the state level in the Federation of Bosnia and Herzegovina. The Government indicates, in particular, that a Preliminary Draft Law on Maritime Domain and Maritime Navigation is under preparation to define, among others, the rights and duties of members of crews of seagoing ships. The Preliminary Draft Law refers also to the adoption of by-laws to regulate medical fitness of seafarers and working hours, among others. The Committee recalls that according to Article I of the Convention, each Member undertakes to give complete effect to its provisions in order to secure the right of all seafarers to decent employment. The Committee further recalls that under Regulation 5.3 on labour-supplying responsibilities, without prejudice to the principle of each Member’s responsibility for the working and living conditions of seafarers on ships that fly its flag, the Member also has a responsibility to ensure the implementation of the requirements of the Convention regarding the recruitment and placement of seafarers as well as the social security protection of seafarers that are its nationals or are resident in its territory. The Committee welcomes the announcement made by the Government regarding the adoption of legislation to implement the MLC, 2006, and requests it to provide information on the results of the ongoing process. The Committee also requests the Government to report on any future developments in the maritime sector, which would have a bearing on the application of the flag State requirements of the Convention.

Article II. Definitions and scope of application. Definition of seafarers and ships. In its previous comment, the Committee requested the Government to provide information with respect to the applicable national legislation concerning the definition of seafarers and ships, including the extent to which the Internal and Maritime Navigation Act (No 73/05) may be relevant to the implementation of the requirements of the Convention. In its reply, while referring to some aspects of the Preliminary Draft Law, the Government indicates that no changes were made to the national legislation since its first report. The Committee requests the Government to indicate the measures taken to ensure that any person employed, engaged or working in any capacity on board a ship to which the Convention applies is considered a seafarer for the purpose of implementing the requirements of the Convention.

Regulation 1.1 and the Code. Minimum age. In its previous comment, the Committee noted that the Government indicated that the minimum age for seafarers was 18 years, without identifying the relevant national provisions. It requested the Government to provide additional information with respect to the legislation establishing such minimum age. In its reply, the Government refers to section 57 of the Internal and Maritime Navigation Act which is however not relevant for the implementation of this Regulation as it relates to persons who operate a ship and not to seafarers working on board a ship. In the absence of clear provisions giving effect to Regulation 1.1 and Standard A1.1, the Committee requests the Government to indicate the measures taken to ensure that no person below 16 years of age shall be employed or engaged or work on a ship. It further requests the Government to indicate the relevant provisions in existing legislation and/or regulations which prohibit night work and hazardous work for seafarers under 18.

Regulation 1.4 and the Code. Recruitment and placement. In its previous comments, the Committee noted the Government’s indication that there are no private or public services operating in the country to provide placement services for seafarers and that there is only a general system of public employment services for all workers. The Committee requested the Government to clarify the recruitment arrangements of 1,000 registered seafarers in Bosnia and Herzegovina who are engaged to work on foreign flagged ships and indicate the extent to which the general public employment service recruits or places seafarers. In its reply, the Government indicates that there are still no private recruitment and placement agencies in Bosnia and Herzegovina; seafarers look for a job on their own through agencies based mainly in Montenegro, Croatia or other European countries. The Committee requests the Government to report on any future developments regarding the existence of recruitment and placement services in the country. The Committee further requests the Government to indicate how it gives effect to Standard A1.4, paragraph 8 (measures to advise its nationals on the possible problems of signing on a ship that flies the flag of a country which has not ratified the Convention).

Regulation 4.5 and the Code. Social security. The Committee recalls that, upon depositing its instrument of ratification of the Convention in accordance with Standard A4.5, paragraphs 2 and 10, the Government specified the following branches of social security: medical care, sickness benefit, unemployment benefit, old-age benefit, employment injury benefit, maternity benefit, and survivors’ benefit. The Committee noted the Government’s indication that it does not provide protection in any of the branches of social security to seafarers ordinarily resident in its territory. It further explained that social security protection is linked to the employer’s headquarters: if the employer’s headquarters are located in Bosnia and Herzegovina, then the national social security applies, irrespective of the employee’s residence. The Committee notes the Government’s indication that there is still no shipowners’ “headquarters” in the country and that seafarers working on foreign flagged ships are therefore not covered under the national security system. The Committee recalls that pursuant to Standard A4.5, paragraph 3, each Member shall take steps according to its national circumstances to provide the complementary social security protection on the branches specified at the time of ratification to all seafarers ordinarily resident in its territory. The Committee accordingly requests the Government to indicate the measures taken to implement Regulation 4.5 and ensure that all seafarers ordinarily resident in Bosnia and Herzegovina are provided with social security protection in the branches specified by the Government.