Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes the Government’s report containing information in reply to its previous comments.

1. Article 10 of the Convention. Labour inspection staff. The Committee notes that the labour inspection services have a total staff of 76 inspection officials (41 inspectors and 35 controllers), with 15 inspectors and two controllers employed in the central offices, the others working in the 13 regional labour and social security departments. According to the Government, six labour inspectors and one controller are on leave of absence, six inspectors are on secondment and another four have been made available to other ministerial departments, while 34 labour inspectors and 33 controllers are pursuing their training at the National School of Administration and Law (ENAM) in Ouagadougou. The Committee would be grateful if the Government would: (i) supply further information on the distribution of the roles and duties assigned to labour inspectors and controllers based in the central offices of the Ministry and working in the regions, in the light of the inspection duties defined by Article 3, paragraph 1, of the Convention; (ii) send available information on the number and geographical distribution of industrial and commercial workplaces liable to inspection and also of the workers employed therein; or (iii) if such information is not available, take steps to identify and register these workplaces in order to ensure observance of the legislation relating to conditions of work and the protection of workers, and keep the ILO informed of progress made in this respect.

2. Article 11, paragraph 2, and Article 16. Reimbursement of labour inspectors’ travelling and incidental expenses. With reference to its previous comments, the Committee notes, in reply to its request for further information regarding the allocation of allowances for business travel to labour inspection officials pursuant to Decree No. 95-395 of 29 September 1985, quoted in each of the previous reports from the Government, that this Decree has been superseded by Act No. 019-2005/AN of 18 May 2005 amending Act No. 013/98/AN of 28 April 1998 establishing the legislation applicable to civil service posts and officials. The Committee would be grateful if the Government would send a copy of Act No. 019‑2005/AN of 18 May 2005 and of any implementing regulations, if applicable, particularly as regards the allocation of travelling expenses to labour inspectors. It also requests the Government to supply further information on means of transport (cars and motorcycles), which, according to its report, were due to be made available in the near future to the inspection services and on practical arrangements for their use for inspection visits.

3. Article 12, paragraph 1(a) and (b). Free access of labour inspectors to workplaces liable to inspection. The Committee notes with satisfaction that, under section 367 of the 2004 Labour Code, inspectors now have the right to enter workplaces liable to inspection and other workplaces, in conformity with the right established by these provisions of the Convention.

4. Articles 20 and 21. Annual report on the work of the labour inspection services. With reference to its previous comments, the Committee notes with regret that no annual labour inspection report has been sent to the ILO for many years. It trusts that the Government will take the necessary steps as soon as possible to ensure, if necessary with technical assistance from the ILO, that an annual report containing the information required by Article 21 of the Convention is  published in future and transmitted to the ILO in the manner and within the deadlines prescribed by Article 20.