Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

Repetition

Articles 1 and 2 of the Convention. Supervision of working conditions and protection of workers in industrial and commercial establishments in export processing zones. The Committee noted in its previous comments that according to section 1 of the Labour Code, the Code applies throughout the national territory except in export processing zones (EPZs), which are governed by the EPZ Code. The Committee noted, however, that pursuant to section 31 of the EPZ Code, issued by Act No. 53/AN/04/5e L of 17 May 2004, “the Djibouti Labour Code governs labour relations in the export processing zones”. In its report, the Government observes that the two provisions are contradictory and that the texts of both laws will be submitted to the National Council for Labour, Employment and Social Security (CONTESS) for an opinion, with a view to their amendment and clarification. The Government is asked to keep the ILO informed of any developments in this area, including any steps taken to amend and clarify the legislation on EPZs, and to provide a copy of the relevant texts where applicable. The Committee also asks the Government to indicate whether the ports and EPZ authorities are still responsible for the supervision of enterprises operating in EPZs or, if this is no longer the case, to indicate the body in charge of such inspection and to give a brief account of its activities in practice (inspection visits, infringements reported, legal provisions mentioned, type of penalties imposed, etc.).

Article 3(2). Accumulation of tasks assigned to labour inspectors and its impact on the volume and quality of their inspection duties. The Committee notes the information supplied by the Government to the effect that the work of the inspection services in the area of labour legislation continues to focus mostly on teaching (advice and information) and conciliation, with less emphasis on supervision and enforcement. As far as additional duties are concerned, the inspection services are involved in monitoring foreign workers without work permits and approving new interoccupational agreements and enterprise agreements, while ensuring that they are in conformity with the relevant legislation. According to the Government, it is impossible for the inspectorate to fulfil all the functions assigned to it, which include the prosecution of offenders, owing to inadequate human resources. The Government is nevertheless confident that with the recent strengthening of human and material resources, labour inspectors will be able to fully perform their duties. The Government states that it will take the necessary steps to establish the Arbitration Council to resolve collective labour disputes, provided for under section 181 of the Labour Code. The Committee notes, however, that this Council may intervene only after the labour inspector or director has attempted conciliation and referred the dispute to it within eight clear days (section 180 of the Labour Code).

The Committee reminds the Government of the primary functions of labour inspectors under Article 3(1) of the Convention (secure the enforcement of the legal provisions relating to conditions of work and the protection of workers and advice to employers and workers) and of the guidance provided in Paragraph 8 of the Labour Inspection Recommendation, 1947 (No. 81), according to which “the functions of labour inspectors should not include that of acting as conciliator or arbitrator in proceedings concerning labour disputes”. Furthermore, the Committee refers to paragraphs 76–78 of its 2006 General Survey on labour inspection, which states that the primary function of labour inspectors is to protect workers and not to enforce immigration law. Consequently, the Committee requests the Government to provide an estimate of the time and resources spent by labour inspectors on their primary functions as defined under Article 3(1) in relation to any additional functions they might be called upon to undertake. The Committee hopes, especially in view of the limited human resources available to the labour inspection services, that the Government will take the necessary steps to ensure that, in accordance with Article 3(2), duties entrusted to labour inspectors other than their primary duties, do not interfere with the performance of the latter.

Articles 20 and 21. Publication, communication and content of the annual inspection report. The Committee notes with concern that since the ratification of the Convention in 1978, the Government has sent no annual report to the ILO as required by Articles 20 and 21 of the Convention. Referring in this connection to its general observation of 2010, the Committee again points out that the annual inspection report offers an indispensable basis for evaluating the effectiveness of the labour inspection services and identifying the means needed to improve their effectiveness, which include, inter alia, the determination of adequate budgetary appropriations. The Committee therefore urges the Government to take all necessary steps to ensure that an annual inspection report is published and communicated to the ILO within the time limit set in Article 20 of the Convention, and that it contains the information required under Article 21(a)–(g).

In any event, the Committee requests the Government in its next report to provide information that is as detailed as possible on the number of industrial and commercial work places liable to inspection, the number of labour inspectors and controllers and the number of inspection visits carried out and the results thereof (number of infringements recorded, regulatory or legislative provisions concerned, penalties applied, etc.). The Committee reminds the Government that it may seek ILO technical assistance to this end.