Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its observation on the following points:

Further to its previous observation, the Committee notes the report for the period ending 1 September 2006, in which the Government refers to Decree No. 000741 of 22 September 2005, which was adopted pursuant to the provisions of section 215 of the Labour Code and establishes the penalties for offences in the fields of labour, occupational safety and health and social security. It also notes the Government’s report for the period ending 1 September 2007, which contains detailed information on the organization of the labour inspection system and the legislative provisions giving effect to the Convention. While noting this information, the Committee also notes the absence of information on how the labour inspection services function in practice and on the results they obtain. It would be grateful if the Government would provide further information on the following points.

1. Articles 7 and 10 of the Convention. Training for labour inspectors during employment. Number of inspectors. The Government states that further training is organized for labour inspectors currently in service so as to ensure that their skills are updated in accordance with developments in the world of work. Such training is mainly organized within the African Regional Centre for Labour Administration (CRADAT). The Committee notes that at the time when the Government sent its report, a number of inspectors were receiving training at the CRADAT, and asks the Government to provide information on the further training provided during the period covered by its next report and to indicate the duration of this training and the number of inspectors who have benefited from it. The Government is also requested to indicate the number of labour inspectors in service, their geographical distribution, retirement forecasts and plans for the filling of vacant posts.

2. Article 11. Conditions of work and transport facilities for labour inspectors. According to the Government, the conditions of work of inspectors are improving slowly due to the unfavourable economic climate. Administration officials have been on strike for months. The Government has listened carefully to the problems highlighted by these officials. Certain inspection services have been provided with transport within the framework of the 2006 budget and certain offices have undergone renovation work. The Government states that there is still much to do, but that these efforts will continue over the coming years. The Committee notes that, although the inadequacy of the material means (notably transport) available to the labour inspectorate makes it difficult to apply the Convention, the Government intends to do its utmost to attenuate these difficulties. The Committee asks the Government to provide detailed information on the geographical location of the renovated offices, the improvements carried out, the geographical distribution of the vehicles made available to labour inspectors and other transport facilities which they can use for the performance of their duties, and the amounts and arrangements in respect of the reimbursement of their travel expenses, if any. The Government is also requested to describe the office equipment available to inspectors (telephones, typewriters, photocopiers, computers, measuring apparatus, etc.) and the consumables used (fuel, registers, paper, etc.), and the arrangements for replacing such items, and to indicate any measures taken or envisaged with a view to ensuring the progressive improvement of the application of the Convention in practice.

3. Article 13. Exercise of powers of injunction of labour inspectors in respect of occupational health and safety. The Committee asks the Government to provide concrete examples, with supporting documentation, of cases in which a formal notice has been issued to the employer following the reporting of a risk or a danger to the safety or health of workers and where such formal notices have led to further action, or where the matter has been referred to the courts. It would be grateful if the Government would indicate the proportion of cases referred to the courts which have given rise to a court decision (conviction or discharge) and to provide copies of the decisions or extracts from such decisions indicating the legal grounds for the judgment.

4. Article 18. Proceedings in respect of violations of the legal provisions enforceable by labour inspectors and the obstruction of labour inspectors in the performance of their duties. The Committee would be grateful if the Government would provide a copy of any court decisions given against employers guilty of violations of legal provisions enforceable by labour inspectors or, in pursuance of sections 227, 228, 229 and 249 of the Labour Code, acts involving the obstruction of the performance of inspection duties.

5. Article 19. Periodical reports by the inspection services. Noting that, according to the Government, each year, at the request of the General Labour Directorate, quarterly and annual activity reports are prepared by the inspection services, the Committee would be grateful if the Government would provide copies of these reports.

6. Articles 20 and 21. Annual report on the work of the inspection services. In reference to the Government’s commitment to do its utmost to attenuate the difficulties in applying the Convention, the Committee once again emphasizes that in order to do this, measures must be taken to centralize the information required under Article 21 with a view to preparing an annual labour inspection report, the main purpose of which is to serve as a basis for the periodical assessment by the central inspection authority of the adequacy of the available resources in relation to needs and, consequently, to determine priority areas of action. The Committee once again reminds the Government of the possibility of requesting technical assistance from the ILO, as well as international financial aid, with a view to establishing the material and institutional conditions necessary for the publication of such a report. In its 2004 direct request, the Committee urged the Government to make the necessary efforts to implement measures designed to enable the central inspection authority to discharge its obligation in this respect and pointed out that the annual inspection report should be as detailed as possible and contain precise information on human, logistical, practical or other difficulties explaining deficiencies in the services. Since the Government has not reported any progress in this area, the Committee requests that it quickly takes the necessary measures and keeps the Office duly informed in this respect.

7. Monitoring of child labour and publication of an annual inspection report. The Government’s report does not provide any information in reply to the Committee’s previous comments on the delicate aspects of procedures for removing children from the workplace under Decree No. 000031 of 8 January 2002. The Committee would be grateful if the Government would provide information on the measures taken, on the one hand, to adopt the texts necessary for the implementation of Decree No. 000031 such as are referred to in its section 6, and, on the other hand, to provide the labour inspectors who participate in operations to remove children from the workplace with appropriate and specific technical and psychological training. It would be grateful if the Government would supplement this information with copies of any relevant texts.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.