Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the Government’s report, the documents appended thereto and the replies to its previous comments, particularly those concerning the points raised in the observations made by the Inter-Trade Union Assembly - Workers’ National Convention (PIT-CNT) sent to the Office on 30 September 2002. The Committee also notes that the above organization noted, in an observation on the application of Convention No. 81, received at the Office on 14 October 2003, that there were serious reasons for concern at the effects of the lack of human resources in the labour inspectorate on the number and frequency of inspection visits to monitor workers’ safety and health in forestry estates, where working conditions, according to the above organization, are akin to conditions of slavery.

1. Conditions of service and status of labour inspectors. With reference to its previous comments and the comments of the Conference Committee in 2002 concerning the application of Convention No. 81, the Committee requests the Government to refer to its observation under Article 3, paragraphs 2 and 6, which correspond to Article 6, paragraphs 3 and 8, of this Convention.

2. Human resources, transport facilities, number and frequency of inspections (Articles 14, 15 and 21). The Committee notes that, according to the information supplied in the Government’s report for 2002, the human resources have been bolstered by 11 new labour inspectors and an additional vehicle has been acquired for use in the outskirts of the capital and in the provinces, and that the use of public transport in the capital is free of charge for inspectors on duty travel. It further notes that, according to the Government, all expenses and travel costs required for inspection visits are refunded to inspectors pursuant to Decree No. 67/999. The Committee notes from the same report that visits to inspect general conditions of work are carried out automatically in accordance with a pre-established programme based on the characteristics of each area, in the event of a complaint or when sugar-cane is harvested. Visits to inspect environmental working conditions are not scheduled and are as a rule carried out on an ad hoc basis in rice plantations and forestry estates. Referring to the PIT-CNT’s observation on this point, and noting that the Government does not provide complete information on inspection activities in agricultural enterprises, the Committee would be grateful if the Government would indicate the number of agricultural enterprises liable to labour inspection, the number of workers they employ and the number of inspections carried out in them by type and by occupation.

In view of the particularities of the work force employed in forestry estates and the inherent danger in the tasks performed, the Committee notes with interest that in 2000 and 2001 labour inspectors received training with a focus on Decree No. 372/999 regulating working conditions in respect of occupational safety, health and hygiene in the forestry sector. The Committee hopes that the inspectorate will make use of this training in the preventive services it provides to employers and workers. It nonetheless draws the Government’s attention to the need to take measures to establish a system for enforcing legal provisions on working conditions in general, and particularly those on workers’ health and safety, in all agricultural enterprises, as defined in Article 1 of the Convention; and to make the financial authorities aware of these matters when the next national budget is drafted. It trusts that as a result of such measures human and material resources will be suitably strengthened to ensure a substantial increase in the number and frequency of inspections in agricultural enterprises. It requests the Government to provide information on any developments in this respect, reporting any difficulties encountered.

The Committee is requested to provide in full the text of Decree No. 67/999, concerning the allocation of travel allowances to labour inspectors, mentioned in the report for 2000.

The Committee is addressing a request directly to the Government on other matters.