INSTITUTION OF THE HUMAN RIGHTS OMBUDSMAN OF BOSNIA AND HERZEGOVINA
4.4. Inspections
Inspection surveillance is crucial in the implementation of the whole set of regulations forming the
basis for the protection of the rights of natural and legal persons. Through inspection surveillance,
the authorities monitor the implementation of the regulations, eliminate possible violations and
sanction those responsible. Without inspection, there is no certainty of compliance which would
render any discussion good administration impossible, as well as the rule of law and the protection
of the rights of the individual. Therefore, it is extremely important that the inspection services act
in an efficient, timely manner and in accordance with positive legal regulations.
Inspection is an effective mechanism that enables the administration to ensure compliance with
legal provisions, as well as the implementation of administrative acts adopted to protect and
support the public or private interests.
Having in mind the number of complaints related to the inspections in 2018 72, in 2019
Ombudspersons initiated preparation of their special report titled ''Special Report on the Role of
Inspections in the Human Rights Protection in Bosnia and Herzegovina,'' which will encompass
of the inspection bodies at the levels of Bosnia and Herzegovina, Republika Srpska and the
Federation of Bosnia and Herzegovina, as well as Brčko District of Bosnia and Herzegovina, and
ten cantons, towns and municipalities.
In 2019 the Ombudsman received 80 complaints and issued three recommendations related to
inspections. Citizens complained about failure to act upon reports, non-enforcement of the made
decisions or claims of not having the power.
Ombudspersons warn that the untimely and ineffective work of inspection bodies can produce
lasting consequences not only in terms of violation of the right to legal protection but also violation
of property rights of citizens. An example of that is failure to act on reports of illegal construction
of residential and commercial buildings. When no action is taken in due course, it happens that
construction works be finished and the process of legalization initiated. Such procedure may last
for several years due to the weakness of the administrative apparatus, but regardless of the
outcome, the principle of legality and efficiency in the work of the administrative body was put in
question.
Example: 73 The Ombudsman received a complaint in which the respondent party is the
Inspections Administration of the Canton 10. The complainant alleges that he filed a request for
inspection surveillance to be carried out in the Public Company „LI ČISTOĆA“ d.o.o. Livno, so
he wishes the Ombudsman to follow up the proceedings on this request for the protection of the
rights to decision making in a reasonable time frame. On the Ombudsman's inquiry the Inspection
replied that the misdemeanor proceedings and misdemeanor order was issued against the employer
and the responsible person in the mentioned Company and the complainant was informed about
it. In this way the case was resolved positively.
72
In 2018 the Ombudsman processed 60 complaints–cases in which the inspections were alleged to be responsible
for human rights violations
73
Ž-LI-05-46/19
28
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents