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Labour Inspection Convention, 1947 (No. 81) - Mali (Ratification: 1964)

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Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on labour administration and inspection, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection) and 150 (labour administration) together.
The Committee notes the observations of the National Council of Employers of Mali (CNPM), communicated with the Government’s report, referring to the obligations under Articles 1, 4 and 5 of Convention No. 150.

A. Labour inspection

Labour Inspection Convention, 1947 (No. 81)

Article 3(2) of the Convention. Further duties entrusted to labour inspectors. Further to its previous comment, the Committee notes the Government’s indication in its report that the labour inspection services devote more time to conciliation services for collective and individual disputes than to discharging their primary duties, as set out in Article 3(1) of the Convention. The Government indicates that, more generally, the human, material and financial resources allocated to the inspection services are insufficient to carry out their primary duties. It specifies that there are no financial resources dedicated to conciliation meetings on individual and collective disputes at the level of regional inspectorates and that the financial resources allocated to the management of these disputes at the national level in the private sector are intended for the reimbursement of travel and meal expenses of participants and other meeting practicalities. The Committee further notes that the labour inspection system does not provide for a strict allocation of human resources in line with the functions of the inspectorate and that, in practice, all labour inspectors and controllers can carry out conciliation and monitoring functions in enterprises on an alternate basis. Lastly, the Committee notes that, according to statistical data collected in the 2020 annual report of the National Labour Directorate (DNT), the number of individual disputes settled through conciliation (1,337 disputes) remains high compared to the total number of inspections carried out in 2020 (803), although the gap has narrowed compared to 2018 (1,547 disputes). The Committee therefore requests the Government to take the necessary measures to ensure that, in line with Article 3(2), duties other than the primary duties entrusted to labour inspectors are not an obstacle to the discharge of the latter and to provide information on any progress made in this regard.
Articles 6, 7(1), and Articles 10, 11 and 16. Status and conditions of service of labour inspectors. Adapting human and material resources to the needs of the labour inspectorate. Frequency of inspections. Further to its previous comment, the Committee notes the Government’s indication that the objectives of the plan to strengthen the labour services comprise: (i) providing the Cabinet of the Labour Ministry with vehicles; (ii) providing the DNT and the Regional Labour Directorate (DRT) with cars and motorcycles; (iii) building premises for the DRT in Taoudéni and Ménaka, and completing and equipping the DNT and DRT premises in Kidal and Tombouctou; (iv) increasing labour services personnel; (v) increasing the operational budgets; and (vi) training labour inspectors and controllers. The Committee notes that the draft plan to strengthen the labour services is awaiting adoption in the legislative process and must be revised to facilitate the operationalization of the newly established regions of Bougouni, Dioïla, Koutiala, San and Nioro du Sahel. In addition, the Committee notes that centres have been built and equipped for the DRT of Kayes, Sikasso, Ségou, Mopti and Gao, and construction is underway for the DRT of Timbuktu and Kidal. It also notes that the active personnel of the labour inspection services includes 55 labour inspectors, 36 labour controllers, five human resources administrators and 84 support staff. The Committee requests the Government to provide further information on the implementation of the plan to strengthen the labour services, as well as on the progress made and the objectives achieved in practice, in particular with regard to material resources (vehicles, premises and equipment), financial resources (operational budgets allocated), and human resources (recruitment of qualified labour inspectors). It also requests the Government to specify whether the plan includes objectives concerning the conditions of service for inspectors and to provide further information on this matter.
Article 7(3). Training of labour inspectors. Further to its previous comment, the Committee notes the detailed information provided by the Government on the training organized as part of capacity building for labour inspectors, including the content, number of participants and duration. It notes, in particular, that labour inspectors received training on international labour standards, social dialogue, combating child labour, the COVID-19 workplace checklist, inspection techniques, labour statistics, combating trafficking in persons and preparing international labour standards reports. The Committee requests the Government to continue to provide information on the training provided to labour inspectors, including within the framework of the plan to strengthen the inspection services.
Articles 13, 14 and 21(f) and (g). Preventive mission of the labour inspectorate and notification of occupational accidents and cases of occupational disease to the labour inspectorate. Further to its previous comment, the Committee notes the Government’s indication that no formal system is in place to collect, analyse and process statistical information on occupational accidents and diseases but that statistical information on industrial accidents is collected within the labour inspection services, on the basis of reports of industrial accidents submitted by employers, and following investigations and inspections conducted by labour inspectors. Various information received in that regard is compiled in the annual report on DNT activities. In this regard, the Committee notes the statistics contained in the 2020 annual report of the DNT, according to which 244 cases of industrial accidents were recorded in 2020, 233 of which were subject to statutory investigations. The Committee notes that, according to the annual reports of the DNT, no cases of occupational diseases were reported by employers to the labour inspection services between 2018 and 2020. In this respect, the Committee notes that under the terms of section 176 of the Labour Code, the employer is required to notify the labour inspectorate within 48 hours of any industrial accident or occupational disease detected in the enterprise. The Committee therefore requests the Government to provide an evaluation of the reasons for the lack of notifications of occupational diseases, and to provide information on cases of employers who have not complied with their obligation to notify cases of occupational diseases. The Committee also requests the Government to provide detailed information on the procedure for notifying and recording cases of occupational disease. The Committee also requests the Government to provide statistics, in particular on inspections regarding the conditions of safety and health in the establishments, specifying the offences (with an indication of the provision they fall under) or shortcomings identified, the measures taken by the inspectors in relation to these and the penalties imposed. The Committee also refers to its comments on the Occupational Safety and Health Convention, 1981 (No. 155) and the Protocol of 2002, concerning actions taken by the National Social Protection Institute with regard to occupational safety and health and on the publication of statistics concerning industrial accidents and occupational diseases.
Articles 20 and 21(b), (e) and (g). Publication and communication to the ILO of annual reports on the activities of the labour inspection services. The Committee notes the 2020 annual report of the DNT, which was provided by the Government and contains information on the subjects listed in Article 21(a), (c), (d) and (f). The Committee notes the Government’s indication that measures will be taken to ensure that future DNT reports contain information on all the subjects listed in Article 21, in particular clauses (b) (labour inspection staff), (e) (sanctions imposed) and (g) (statistics on occupational diseases). The Committee requests the Government to continue publishing and communicating annual reports to the ILO on the activities of the labour inspection services, in accordance with Article 20 of the Convention, and to take the necessary measures to ensure that they contain information on all the subjects listed in Article 21, in particular clauses (b) (labour inspection staff), (e) (statistics on infringements committed and sanctions imposed) and (g) (statistics on occupational diseases).

B. Labour administration

Labour Administration Convention, 1978 (No. 150)

Articles 1 and 4 of the Convention. Effective operation of the labour administration system and coordination of its functions. The Committee previously noted the Government’s indication that the departments that make up the labour administration ensure coordination of their own services but there is an absence of a single coordination system. The Committee notes the Government’s indication that the labour administration system comprises the Ministry of Labour, Public Service and Social Dialogue, the Ministry of National Entrepreneurship, Employment and Vocational Training, and the Ministry of Health and Social Development. The Government indicates that there is close cooperation among the structures of the labour administration system so as to give effect to the provisions of the Convention. In practice, the coordination of functions and responsibilities falls within the work of the Government, through interministerial meetings and the Council of Ministers. In addition, coordination is ensured to some degree by the Ministry of Labour, Public Service and Social Dialogue, particularly on issues relating to the administration and management of public employees, social dialogue, conflict management, as well as bilateral and multilateral cooperation in the area of labour. In this regard, the Committee notes the CNPM’s observations that there is a problem with consistency in the Government’s claims that there is close collaboration among the structures of the administration system but that there is no formal framework for coordinating the functions and responsibilities of the inspection system, aside from the Council of Ministers and interministerial meetings. The Committee requests the Government to continue to provide information on the organization, functions and responsibilities of the labour administration system. It also requests it to provide further information on the manner in which these functions and responsibilities, which are entrusted to various bodies responsible for labour administration, are properly coordinated.
Article 5. Consultation, cooperation and negotiation between the public authorities and organizations of employers and workers. Further to its previous comment, the Committee notes the Government’s indication that representative employers’ and workers’ organizations participate in the process of consultation, negotiation and cooperation with the public authorities, particularly through their representation on the Economic, Social and Cultural Council, Higher Labour Council, Higher Public Service Council, joint administrative committees, negotiation and conciliation committees, Arbitration Council, as well as in tripartite meetings and committees as part of obligations relating to international labour standards. The Government also indicates that the draft decree on the establishment of the National Social Dialogue Council is in the process of adoption by the Government. In this connection, the Committee notes the CNPM’s observations that no draft for the establishment of this body has been submitted to the CNPM to date, and that the matter has been referred for consideration to the social conference. The Committee requests the Government to provide information on developments to the process of adoption of the decree on the establishment of the National Social Dialogue Council, and on consultations held on this subject. It requests the Government to provide a copy of the decree in question once it has been adopted.
Article 10(2). Material means and financial resources available to the staff of the labour administration. Further to its previous comment, the Committee notes the Government’s indication that, as part of improvements to the conditions of service of the staff of the labour administration, new premises were built and equipped in 2017 and 2018 to house the DNT with an adequate internet connection. The Government also indicates that the Ministry of Labour will continue to advocate an increase in the budget allocated to labour services in order to enable them to discharge their duties. Furthermore, it indicates that the material conditions should improve following the adoption of the plan to strengthen the labour services (vehicles, motorbikes etc.). The Government also indicates that, with regard to increasing the numbers of qualified staff in the labour administration, eight labour and social security administrators were provided to the labour services in October 2020, following their initial training at the National School of Administration in 2018–2020. In addition, after their recruitment in 2019, four interns from the labour and social security administrator staff started their initial two-year training in early 2021. The Committee requests the Government to continue to provide information on the measures adopted or envisaged to ensure that labour administration personnel are provided with the material means and the financial resources necessary for the discharge of their duties, particularly within the framework of the draft plan to strengthen the labour services.

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Article 3(2) of the Convention. Further duties entrusted to labour inspectors. The Committee notes from the 2018 annual report of the National Labour Directorate (DNT) that 1,547 individual disputes were settled through conciliation by a labour inspector in 2018. By comparison, the Committee notes that the total number of inspections conducted by the Regional Labour Directorates in 2018 was 493. The Committee therefore requests the Government to indicate the time and resources that the labour inspection services devote to conciliation or the settlement of disputes, compared with their primary duties under Article 3(1) of the Convention.
Article 6. Status and conditions of service of labour inspectors. The Committee notes the reference, in the Government’s report, to the adoption of Decree No. 2017-693/P-RM of 14 August 2017 on the allocation of specific bonuses and allowances to labour services staff. It also welcomes the Government’s indication that a new plan to strengthen the labour services is envisaged. The Committee requests the Government to provide more information on the content of the plan to strengthen the labour services, including its objectives concerning the conditions of service of inspectors and the measures taken or envisaged to meet those objectives.
Article 7(1) and Articles 10, 11 and 16. Adapting human and material resources to the needs of the labour inspectorate. Frequency of inspections. The Committee notes from the 2018 annual report of the DNT that the Regional Labour Directorates conducted 493 inspections in 2018, compared with 792 in 2017 and that the workplaces inspected, in all sectors, employed 18,586 workers, compared with 15,669 workers the previous year. It also notes that, according to the 2018 annual report of the DNT, the Regional Labour Directorates are facing difficulties that are hampering their functioning and the discharge of their assigned functions, namely, a lack of vehicles, Internet connection, qualified human resources and, in the case of the Taoudéni and Ménaka Regional Labour Directorates, a lack of premises. The Committee also notes that the 2018 annual report of the DNT does not refer to the total number of labour inspectors employed in the country. The Committee also notes that, according to the ILO report (2018) entitled, “Women and men in the informal economy: A statistical picture”, workers employed in the informal economy comprise 92.7 per cent of total employment in Mali, which can give rise to particular difficulties in relation to inspection. The Committee therefore requests the Government to continue its efforts to strengthen the inspection services both with regard to the recruitment of qualified labour inspectors and material resources, and particularly transport facilities. The Committee also requests the Government to take the necessary measures to ensure that all the regions are provided with local offices equipped in accordance with the requirements of the inspection service, in accordance with Article 11(1)(a) of the Convention. It requests the Government to continue providing information on the measures taken to that end and to indicate the number of labour inspectors employed in the country in its next report.
Article 7(3). Training of labour inspectors. The Committee notes that, in 2016, with the ILO’s support, the Ministry of Labour ran two training workshops for labour inspectors on the informal economy and on gender equality in the world of work. It also notes that the 2018 annual report of the DNT, provided by the Government, refers to a training workshop on occupational safety and health for labour inspectors, held in October 2018, and a training workshop for 25 labour controllers (inspectors’ assistants) held in December 2018. The Committee also notes that, according to the 2018 annual report of the DNT, a cooperation mission was conducted with the Moroccan Ministry of Employment and Vocational Training, resulting in the signing of a cooperation protocol on labour. The cooperation protocol partly focuses on the exchange of experience in training for labour inspectors and on capacity building for labour inspectors in occupational safety and health. The Committee also welcomes the Government’s indication that a capacity-building plan for inspectors is envisaged. Taking this information into account, the Committee requests the Government to continue providing information on the frequency, content and number of participants in training for labour inspectors for the discharge of their duties, particularly within the framework of the new initiatives that have been implemented.
Articles 13, 14 and 21(f) and (g). Preventive mission of the labour inspectorate and notification of occupational accidents and cases of occupational disease to the labour inspectorate. Further to its previous comments, the Committee notes the statistics provided in the Government’s report on the Occupational Safety and Health Convention, 1981 (No. 155), indicating that, out of 111 occupational accidents recorded between 1 January and 31 May 2018, 12 were recorded in the mining sector. The Government indicates that these statistics do not include the northern regions, and that no cases of occupational disease have been diagnosed. The Committee also notes the statistics contained in the 2018 annual report of the DNT indicating that 413 occupational accidents were registered in 2018, including 283 cases that were subject to investigation as required by the regulations. The Government explains that this rate is partly due to companies’ late submission of accident reports as well as a lack of resources for the functioning of the Regional Labour Directorates. In this regard, the Committee notes that the Government has not provided information in response to its previous request on the impact of the implementation of a system to collect, analyse and process statistical information on the preventive mission of labour inspectors. The Committee requests the Government to indicate whether the system to collect, analyse and process statistical information on occupational accidents and diseases has already been implemented, and to provide information on the progress made in this regard.
Articles 20 and 21(b), (e) and (g). Publication and communication to the ILO of annual reports on the activities of the labour inspection services. The Committee welcomes the 2018 annual report of the DNT, provided by the Government, which contains information on the subjects listed in Article 21(a), (c), (d) and (f). The Committee also notes that, although the annual report of the DNT contains statistics on the infringements reported at the regional and national levels, it does not contain statistics on the sanctions imposed for these infringements. The Committee requests the Government to continue publishing and providing annual reports to the ILO on the activities of the labour inspectorate, in accordance with Article 20 of the Convention, and to take the necessary measures to ensure that they contain information on all the subjects listed in Article 21(b) (labour inspection staff), (e) (statistics on infringements committed and sanctions imposed) and (g) (statistics on occupational diseases).

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Article 6 of the Convention. Need to improve the status and conditions of service of labour inspectors to ensure independence from any improper external influences. The Committee welcomes the Memorandum of Understanding (MoU) between the Government and the trade union committee of labour services, signed on 29 July 2011, which provides for the granting of bonuses and allowances for labour inspectors and supervisors as from 1 October 2011. However, the Government states that it has not yet been able to fulfil its commitment because of the institutional and security crisis that has arisen since that time. The Government indicates moreover that it intends drafting a career plan for labour and social security officials (made up of administrators, and labour and social security inspectors and supervisors). The Committee also takes note of Decree No. 2012 011/P-RM of 18 January 2012 issuing general regulations for labour and social security officials. These regulations include a category A, which encompasses labour and social security administrators, and a category B, which covers labour and social security supervisors. The Committee notes with interest that these general regulations provide that all officials should be guaranteed stability and independence from any improper external influence, and that they should benefit from a career plan that takes into account seniority and merit. The Committee asks the Government to submit information on the measures adopted to implement the improvements in the conditions of service of inspectors and supervisors, provided under the MoU and the general regulations mentioned above, as well as on any other measure taken to ensure remuneration and career prospects commensurate with their functions, in accordance with the provisions of this Article of the Convention.
Article 7(3). Training of labour inspectors. According to the Government, the recruitment and initial training of senior public administration officials, including labour inspectors, is henceforth entrusted to the National School of Administration (ENA). This training consists of both an academic and a practical stage, and is delivered over a period of 18 months. The ENA organized a workshop in 2013 for the validation of the programme and modules intended for trainee officials specializing in labour administration. In addition, a two-week workshop has been organized for labour supervisors each year since 2009. The Government also reports on a national workshop on the capacity building of labour inspectors on the worst forms of child labour, which was organized in 2012 by the national unit to combat child labour (with the financial support of the TACKLE project), and on a workshop on the protection of migrant workers, organized by the International Organization for Migration (IOM) in 2013. According to the Government, these training programmes have contributed towards the capacity building of inspectors with respect to supervising the work of young people and migrant workers. The Government welcomes the fact that the abovementioned MoU contains the Government’s commitment to organize, from 2012 onwards, one training session per year for labour inspectors and another for labour supervisors. The Committee asks the Government to submit information on any measures taken to implement the training programmes referred to under the MoU, as well as on any other training activities attended by labour inspectors and supervisors, indicating the number of labour inspectors who participated (by category and region), the type of activity (seminar, workshop, course) and its duration, as well as the subjects of these sessions.
Articles 10, 11(2) and 16. Adapting human resources and material means to the needs of the labour inspectorate. The Committee notes that a total of 51 labour and social security administrators are divided up between the national labour directorate, nine regional directorates and a national unit to combat child labour. Further, a total of 49 supervisors are divided up between the national labour directorate, the national unit to combat child labour and nine regional directorates. Furthermore, it notes that, according to the Government, eight four-wheeled drive vehicles and two cars were allocated in 2007 to eight regional directorates and the national directorate, respectively, and 16 motorcycles were allocated to eight regional directorates between 2008 and 2011. The regional directorates were also provided with office equipment and computers in 2012. The Committee also observes that the number of inspection visits between 2009 and 2013 fluctuated between 358 and 401, except in 2012 when there were only 293 – due, according to the Government, to the institutional and security crisis. The Committee points out, however, that no data has been provided by the Government with respect to the number, nature and geographical distribution of establishments liable to labour inspection and no information has been provided on the number of workers and categories of workers employed by them. The Committee underlines in this respect, as it did in its general observation of 2009, the importance of the availability of a register of workplaces and enterprises liable to labour inspection, which is regularly updated, and the need to promote effective cooperation with the other government bodies and public or private institutions in possession of relevant data. The Committee therefore requests the Government to take the necessary steps to establish such a register, and to provide information on all other measures taken to strengthen the labour inspection services both in terms of human resources and material means and, specifically, in terms of transport means and facilities.
Articles 13, 14 and 21(f) and (g). Preventive mission of the labour inspectorate and notification of occupational accidents and cases of occupational disease to the labour inspectorate. The Committee notes with interest that the Plan of Action 2013–15 on the national employment policy, adopted in March 2013, provides for the drafting and adoption of a policy in the area of occupational safety and health, the drafting and adoption of specific protection and safety measures applicable to establishments and various sectors including mines, and the introduction of a system to collect, analyse and process statistical information on occupational accidents and diseases. The Government states that inspection visits and information and awareness-raising campaigns organized by the prevention services of the National Social Security Institute (INPS), as well as measures to revitalize the occupational safety and health committees and their members’ training, are regularly implemented in mines, as well as in construction and public works enterprises. Furthermore, in 2013, inspection visits appeared to target, to a great extent, these sectors. The Government also states that, in conformity with section 71 of the Social Security Code, the employer is bound to report any occupational accident or case of occupational disease occurring in the enterprise to the INPS and the competent regional inspector within 48 hours. However, statistics on occupational diseases in gold mines are not available. In this respect, the Committee draws the Government’s attention to the ILO code of practice on the recording and notification of occupational accidents and diseases, 1996. The Committee asks the Government to provide statistics, in particular pertaining to inspection visits to examine safety and health conditions in establishments, including in mines, and to specify the infringements (with the indication of the provision to which they refer), or the defects noted, the measures taken by the inspectors on this matter and the penalties imposed. It also requests the Government to communicate information on the impact of the implementation of the system to collect, analyse and process statistical data on the preventive mission of labour inspectors and their outcome.
Articles 20 and 21. Publication and communication to the ILO of an annual report on the activities of the labour inspection services. Referring to its previous comments on the need to take measures to ensure the separate publication of an annual report on the work of the labour inspection services, the Committee notes the Government’s indication that it intends to soon ask for technical assistance from the ILO for this purpose. The Committee encourages the Government to submit a formal request for technical assistance in this respect to the ILO and hopes that the Government will soon be in a position to submit an annual report on the activities of the labour inspection services published in the form and within the deadlines provided for under Article 20 of the Convention, containing the information required under Article 21.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Referring also to its observation, the Committee requests information on the following points:
Article 5 of the Convention. Cooperation and collaboration in combating child labour. The Government is requested to transmit to the ILO the texts that have been announced concerning the creation and organization of a National Cell for Combating Child Labour (CNLTE).
Articles 7, 12 and 16. Practical follow-up to the methodological guidelines on labour inspection. The Committee would be grateful if the Government would provide information on the manner in which the draft methodological guidelines on labour inspection, produced as part of the activities of ADMITRA/ILO in cooperation with the international public interest group GIP-INTER, have been received by the labour inspectors and on that document’s impact on inspectors’ working methods, in particular during inspection visits, and on their results.

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes that the only report sent by the Government is the 2010 annual report of the National Labour Directorate. It requests the Government to send a report in accordance with article 22 of the Constitution of the ILO, containing in particular a full reply to the Committee’s previous comments, which read as follows:
Repetition
Article 5(a) of the Convention. Specific measures to encourage cooperation between the inspection services and the justice system. The Committee notes that trial magistrates, public prosecutors and labour inspection officials participated in the subregional seminar on cooperation between inspection services and judicial bodies held in Dakar from 8 to 10 May 2008 as part of a project to modernize labour administration and inspection (ADMITRA). It notes that the Minister of Justice addressed a circular letter to general prosecutors asking them to urge regional prosecutors to provide for action to be taken on reports of infringements drawn up by labour inspectors and to maintain healthy cooperation with inspectors in the interests of better compliance with the labour legislation. The Committee requests the Government to provide in its next report information on the practical action taken on this circular. It requests the Government to ensure that relevant statistics are published in future annual reports on the work of the labour inspection services.
Articles 6, 7 and 10. Status, conditions of service and composition of the labour inspection staff. With reference to its previous comments, the Committee notes that, contrary to what the Government has been announcing for years, the draft decree on bonuses and indemnities for labour inspectors has still not been promulgated. It also notes that despite the Government’s statement that 12 labour inspectors were to be recruited in 2008, the list of labour personnel for Mali includes no inspectors, and that the staff of the inspectorate are all, without exception, in the category “controllers” (31).
In an earlier report on the application of this Convention (2003), the Government indicated that it would be utopian to expect training in labour inspection, and that training for labour inspectors was limited to a grounding in labour law at the National School of Administration, an internship in the services and participation in a training course at the African Regional Labour Administration Centre (CRADAT). The Committee notes, however, a training plan sent in 2008 intended for all labour services personnel and covering, inter alia, occupational risk prevention in the construction and public works sector (BTP); inspection methodology; penal action; and the preparation of various forms of inspection visit reports. Furthermore, the National Labour Directorate’s annual report for 2008 indicates that a training workshop on ethics in inspection work, work contracts and hours of work was held for controllers from 14 to 25 April 2008 and that a training session for labour inspection trainers on occupational risks was also organized, under the guidance of two experts from GIP INTER.
The Committee would be grateful if the Government would provide information on any developments in the area of initial training for inspection staff, and on the number and distribution by category and level of qualification of the staff currently performing inspection duties as prescribed in Article 3(1) of the Convention, specifying the criteria used to differentiate between these categories. It would be grateful if the Government would also explain why the 12 inspectors who were supposed to be recruited in 2008 are not on the list of central and regional labour administration staff sent to the Office.
The Committee again asks the Government to adopt the measures that are essential to the improvement of the conditions of service of labour inspection staff (remuneration, career plan, merit bonuses, etc.) so as to attract to, and retain in the profession persons who are sufficiently qualified and motivated, and hopes that in its next report the Government will be in a position to provide information showing real progress in this area.
The Committee would be grateful if the Government would also continue to provide details of the training received by staff performing labour inspection duties and on the practical impact of such training.
Articles 11, 16 and 21(c). Additional functions entrusted to labour inspectors, transport facilities and frequency of inspection visits. According to the abovementioned annual report for 2008, the duties of the inspection services consist not only of dispute settlement and conciliation, but also supervision of the application of the labour legislation, “which must ordinarily take up most of their time”. The report even stresses that “they must make visits to workplaces their main occupation”. The Committee notes from the same report than ten vehicles have been assigned to the National Labour Directorate and the regional directorates for labour, employment and vocational training. In the absence of any figures on the industrial and commercial workplaces subject to labour inspection, the statistics of inspections (306) and the workers they covered (16,613) in the course of 2008, are not sufficient for an assessment of the labour inspectorate’s coverage rate in relation to the scope of its mandate. It nonetheless notes that in 2008, out of 1,482 individual complaints, 1,091 were settled through conciliation. The report also indicates that 11 collective labour disputes were recorded, 40 per cent of which were followed by work stoppages in which 2,935 workers took part, mostly in the mining (2,680 workers) and the hotel (208) sectors. The Committee would like to stress that conciliation is not among the duties of the labour inspectorate as defined in Article 3(1) of the Convention and that, furthermore, according to Paragraph 8 of Labour Inspection Recommendation, 1947 (No. 81), “the functions of labour inspectors should not include that of acting as conciliator or arbitrator in proceedings concerning labour disputes”.
The Committee would be grateful if the Government would take measures to relieve labour inspection staff of conciliation duties so as to enable them to devote themselves more fully to supervising the legislation on working conditions and the protection of workers, making use, in particular, of the vehicles recently acquired by the labour administration. The Government is asked in its next report to provide information in this regard (number and distribution of vehicles made available to labour inspectors for travel to workplaces; measures taken to relieve labour inspectors from conciliation duties).
Furthermore, the Committee requests the Government to ensure that the labour inspectorate has access to reliable data such as the number, categories and geographical distribution of workplaces and establishments subject to inspection, and the number of workers employed in them, so that the central inspection authority can plan inspection activities (supervision, advice, information) that ensure protection of the most vulnerable categories, and to ensure that this information is included in the annual report required by Articles 20 and 21.
Articles 17 and 18. Follow-up action taken by the labour inspectorate in relation to breaches of the legislation covered by the Convention. The Committee notes from the 2008 annual report the most frequent causes of the individual complaints submitted to the National Labour Directorate (claims for wages and accessories; notices of dismissal or resignation; overtime; paid leave; and dismissals), and the infringements noted in the course of inspections (concerning pay registers, employer registers and safety registers; labour contracts; wages; minimum wages; safety and hygiene; hours of work; staff representation; weekly rest; social contributions; and occupational medicine). It nonetheless notes that no information is provided as to the causes of the collective labour disputes, which affect the mining and hotel sectors in particular. According to information available at the ILO, the collective action affecting the mining sector is founded on an enterprise’s violation of the provisions of a collective agreement on working conditions and the protection of certain rights at work. The miners’ claims reportedly concern, in particular, the rate of output demanded of them, the length of the working day and the non-payment of overtime and other bonuses included in a collective agreement. It would appear that the enterprise dismissed en masse workers who were covered by this collective agreement only to re-employ them under new inferior contractual conditions. The Committee requests the Government to send to the Office detailed information on the role of the labour inspectorate in collective labour disputes, particularly in the mining sector, where these conflicts have affected 2,680 workers and consequently their families. Please also indicate whether, in the enterprises concerned by these disputes, the inspection staff noted any infringements of the labour legislation covered by the Convention and whether they recommended remedial measures or the application of penalties. Pointing out that according to Article 27 of the Convention, legal provisions consist not only of laws and regulations but of arbitration awards and collective agreements upon which the force of law is conferred and which are enforceable by inspectors, the Committee requests the Government to supplement the required information with relevant statistics and documents.
Articles 14 and 21. Notification of occupational accidents and cases of occupational diseases. The Committee notes that the annual reports for 2007 and 2008 contain information on reported industrial accidents and, in the case of the report for 2008, the inquiries conducted into these accidents. It observes, however, that no information at all is provided on cases of occupational disease, although information available at the ILO refers to pathologies linked to the handling and ingestion by workers of certain toxic substances in the course of extraction work in gold mines. The Committee would be grateful if the Government would indicate the preventive measures taken to reduce the number of accidents and mitigate their consequences in the mining and public works sectors, and to take measures to allow the diagnosis of cases of service-incurred diseases and the notification of such cases to the inspection services so that their most common causes can be identified and eliminated to the extent possible. The Committee requests the Government to keep the Office informed of the measures taken for these purposes.
In addition, the Committee draws the Government’s attention to the following point.
Articles 20 and 21 of the Convention. Publication and communication to the ILO of an annual report on the activities of the labour inspection services. The Committee stresses once again that the annual report of the General Directorate of Labour does not meet the objectives assigned to the annual report requested under Articles 20 and 21. The Committee notes however with interest the information provided by the Government in September 2010 in reply to its general observation of 2009, as concerns measures taken in order to establish and update a register of industrial and commercial workplaces by virtue of the cooperation of the regional offices of the social security agency, the regional chambers of industry and commerce, as well as the tax authorities. The Government adds that since such activity is carried out on a permanent basis, the labour services will endeavour to establish a statistical database which is necessary for the assessment of the application of the Convention. The Committee asks the Government to take the necessary steps, with ILO assistance, in order to ensure the publication of an annual report on the work of the labour inspection services, separate from the annual report of the General Directorate of Labour, as provided for in Articles 20 and 21 of the Convention.
The Committee is raising other points in a request sent directly to the Government.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

Articles 20 and 21 of the Convention. Publication and communication of reports on the activities of the inspection services. The Committee notes with interest the annual reports of the National Labour Directorate for 2007 and 2008. These reports contain much of the information required by Article 21. The Committee can thus assess to some extent how far the Convention is applied and support the Government in its efforts for gradual improvement. It notes, however, that the National Directorate’s annual reports cover not only inspection work, in accordance with Article 21 of the Convention, but also other labour administration duties, done by other public servants than inspectors. One of the aims of Articles 20 and 21 is to provide the central inspection authority with the kind of information it needs in order to determine, in the light of the social and economic objectives of labour inspection, the resources required to run the services efficiently, and in order to submit appropriate budgetary proposals for the attainment of these objectives. This aim can be achieved only if the data on the operation and results of labour inspection are compiled and consolidated separately from data on other functions of labour administration. Since, as the annual reports of the National Labour Directorate indicate, relevant data on labour inspection are available, the Committee asks the Government to take the necessary steps in the near future, with the requested ILO assistance, to have a separate annual report on the work of the inspection services published, in accordance with Articles 20 and 21, setting out clearly the information on labour inspection in industrial and commercial workplaces. Referring to its general observation of 1999 on the labour inspectorate’s role in combating child labour, the Committee would be grateful if the Government would ensure that the report in question also includes information on child labour in relation to industrial and commercial workplaces.

Article 5(a). Specific measures to encourage cooperation between the inspection services and the justice system. The Committee notes that trial magistrates, public prosecutors and labour inspection officials participated in the subregional seminar on cooperation between inspection services and judicial bodies held in Dakar from 8 to 10 May 2008 as part of a project to modernize labour administration and inspection (ADMITRA). It notes with interest that the Minister of Justice addressed a circular letter to general prosecutors asking them to urge regional prosecutors to provide for action to be taken on reports of infringements drawn up by labour inspectors and to maintain healthy cooperation with inspectors in the interests of better compliance with the labour legislation. The Committee requests the Government to provide in its next report information on the practical action taken on this circular. It requests the Government to ensure that relevant statistics are published in future annual reports on the work of the labour inspection services.

Articles 6, 7 and 10. Status, conditions of service and composition of the labour inspection staff. With reference to its previous comments, the Committee notes that, contrary to what the Government has been announcing for years, the draft decree on bonuses and indemnities for labour inspectors has still not been promulgated. It also notes that despite the Government’s statement that 12 labour inspectors were to be recruited in 2008, the list of labour personnel for Mali includes no inspectors, and that the staff of the inspectorate are all, without exception, in the category “controllers” (31).

In an earlier report on the application of this Convention (2003), the Government indicated that it would be utopian to expect training in labour inspection, and that training for labour inspectors was limited to a grounding in labour law at the National School of Administration, an internship in the services and participation in a training course at the African Regional Labour Administration Centre (CRADAT). The Committee notes with interest, however, a training plan sent in 2008 intended for all labour services personnel and covering, inter alia, occupational risk prevention in the construction and public works sector (BTP); inspection methodology; penal action; and the preparation of various forms of inspection visit reports. Furthermore, the National Labour Directorate’s annual report for 2008 indicates that a training workshop on ethics in inspection work, work contracts and hours of work was held for controllers from 14 to 25 April 2008 and that a training session for labour inspection trainers on occupational risks was also organized, under the guidance of two experts from GIP INTER.

The Committee would be grateful if the Government would provide information on any developments in the area of initial training for inspection staff, and on the number and distribution by category and level of qualification of the staff currently performing inspection duties as prescribed in Article 3(1) of the Convention, specifying the criteria used to differentiate between these categories. It would be grateful if the Government would also explain why the 12 inspectors who were supposed to be recruited in 2008 are not on the list of central and regional labour administration staff sent to the Office.

The Committee again asks the Government to adopt the measures that are essential to the improvement of the conditions of service of labour inspection staff (remuneration, career plan, merit bonuses, etc.) so as to attract to, and retain in the profession persons who are sufficiently qualified and motivated, and hopes that in its next report the Government will be in a position to provide information showing real progress in this area.

The Committee would be grateful if the Government would also continue to provide details of the training received by staff performing labour inspection duties and on the practical impact of such training.

Articles 11, 16 and 21(c). Additional functions entrusted to labour inspectors, transport facilities and frequency of inspection visits. According to the abovementioned annual report for 2008, the duties of the inspection services consist not only of dispute settlement and conciliation, but also supervision of the application of the labour legislation, “which must ordinarily take up most of their time”. The report even stresses that “they must make visits to workplaces their main occupation”. The Committee notes with interest from the same report than ten vehicles have been assigned to the National Labour Directorate and the regional directorates for labour, employment and vocational training. In the absence of any figures on the industrial and commercial workplaces subject to labour inspection, the statistics of inspections (306) and the workers they covered (16,613) in the course of 2008, are not sufficient for an assessment of the labour inspectorate’s coverage rate in relation to the scope of its mandate. It nonetheless notes that in 2008, out of 1,482 individual complaints, 1,091 were settled through conciliation. The report also indicates that 11 collective labour disputes were recorded, 40 per cent of which were followed by work stoppages in which 2,935 workers took part, mostly in the mining (2,680 workers) and the hotel (208) sectors. The Committee would like to stress that conciliation is not among the duties of the labour inspectorate as defined in Article 3(1) of the Convention and that, furthermore, according to Paragraph 8 of Labour Inspection Recommendation, 1947 (No. 81), “the functions of labour inspectors should not include that of acting as conciliator or arbitrator in proceedings concerning labour disputes”.

The Committee would be grateful if the Government would take measures to relieve labour inspection staff of conciliation duties so as to enable them to devote themselves more fully to supervising the legislation on working conditions and the protection of workers, making use, in particular, of the vehicles recently acquired by the labour administration. The Government is asked in its next report to provide information in this regard (number and distribution of vehicles made available to labour inspectors for travel to workplaces; measures taken to relieve labour inspectors from conciliation duties).

Furthermore, the Committee requests the Government to ensure that the labour inspectorate has access to reliable data such as the number, categories and geographical distribution of workplaces and establishments subject to inspection, and the number of workers employed in them, so that the central inspection authority can plan inspection activities (supervision, advice, information) that ensure protection of the most vulnerable categories, and to ensure that this information is included in the annual report required by Articles 20 and 21.

Articles 17 and 18. Follow-up action taken by the labour inspectorate in relation to breaches of the legislation covered by the Convention. The Committee notes with interest from the 2008 annual report the most frequent causes of the individual complaints submitted to the National Labour Directorate (claims for wages and accessories; notices of dismissal or resignation; overtime; paid leave; and dismissals), and the infringements noted in the course of inspections (concerning pay registers, employer registers and safety registers; labour contracts; wages; minimum wages; safety and hygiene; hours of work; staff representation; weekly rest; social contributions; and occupational medicine). It nonetheless notes that no information is provided as to the causes of the collective labour disputes, which affect the mining and hotel sectors in particular. According to information available at the ILO, the collective action affecting the mining sector is founded on an enterprise’s violation of the provisions of a collective agreement on working conditions and the protection of certain rights at work. The miners’ claims reportedly concern, in particular, the rate of output demanded of them, the length of the working day and the non-payment of overtime and other bonuses included in a collective agreement. It would appear that the enterprise dismissed en masse workers who were covered by this collective agreement only to re-employ them under new inferior contractual conditions. The Committee requests the Government to send to the Office detailed information on the role of the labour inspectorate in collective labour disputes, particularly in the mining sector, where these conflicts have affected 2,680 workers and consequently their families. Please also indicate whether, in the enterprises concerned by these disputes, the inspection staff noted any infringements of the labour legislation covered by the Convention and whether they recommended remedial measures or the application of penalties. Pointing out that according to Article 27 of the Convention, legal provisions consist not only of laws and regulations but of arbitration awards and collective agreements upon which the force of law is conferred and which are enforceable by inspectors, the Committee requests the Government to supplement the required information with relevant statistics and documents.

Articles 14 and 21. Notification of occupational accidents and cases of occupational diseases. The Committee notes that the annual reports for 2007 and 2008 contain information on reported industrial accidents and, in the case of the report for 2008, the inquiries conducted into these accidents. It observes, however, that no information at all is provided on cases of occupational disease, although information available at the ILO refers to pathologies linked to the handling and ingestion by workers of certain toxic substances in the course of extraction work in gold mines. The Committee would be grateful if the Government would indicate the preventive measures taken to reduce the number of accidents and mitigate their consequences in the mining and public works sectors, and to take measures to allow the diagnosis of cases of service-incurred diseases and the notification of such cases to the inspection services so that their most common causes can be identified and eliminated to the extent possible. The Committee requests the Government to keep the Office informed of the measures taken for these purposes.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee takes note of the Government’s report and the information elements it contains in response to the previous direct request. In view of the current situation, in which the labour inspectorate still has only limited resources at its disposal, the Committee would be grateful if the Government would continue to provide detailed information, particularly regarding the following points.

1. Conditions of service of labour inspectors. The Committee observes that, although the Government acknowledges that inspectorate staff are inadequately remunerated, it has not as yet taken further action on the plan it announced in its previous report to grant a bonus or specific indemnity for inspectors and controllers. The Committee recalls that it is important for inspection staff to benefit from a status and conditions of service which guarantee their independence and ensure that they are not subject to improper external influences, in accordance with Article 6 of the Convention. It requests the Government to describe the measures taken or envisaged to this end.

2. Training of labour inspectors. The Committee notes with interest that cooperation with the French Ministry of Labour has continued, including the training of trainers, and should shortly culminate in the creation of a centre for the training of labour inspectors and controllers. It requests the Government to provide detailed information on the measures taken to ensure initial and further training for inspection staff, and on the results achieved (Article 7, paragraph 3).

3. Publication of an annual report. The Committee notes that a general report on inspection activities is being prepared. It hopes that, as required by Article 20 of the Convention, the labour inspectorate will shortly be in a position to ensure that an annual activities report is published, that it will be transmitted to the Office and that it will contain all the information required under Article 21 of the Convention.

4. ILO technical cooperation. The Committee requests the Government to provide all relevant information on any ILO training, advisory or technical assistance activities that may have taken place in the area of labour inspection.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes the Government’s report in reply to its previous comments and the documentation attached.

The Committee notes the recent creation of a new ministry responsible for labour matters, entitled the Ministry of the Civil Service, State Reform and Institutional Relations. It would be grateful if the Government would provide copies of the texts relating to its establishment, organization and functioning and provide any useful information on the impact of the restructuring of the central bodies responsible for labour matters on the functioning of the labour inspectorate and the status of labour inspectors. It requests the Government to indicate, in particular, whether Act No. 02-72 establishing the National Labour Directorate has been affected by the restructuring.

Articles 6 and 15 of the Convention. The Committee notes with interest that the Government envisages establishing by decree a bonus and compensation for inspectors, controllers and their assistants and that this bonus would be sufficiently high to ensure their independence of improper external influences. It would be grateful if the Government would provide a copy of the decree as soon as it has been adopted and inform the ILO of its effects over the next reporting period.

International cooperation and ILO technical assistance. According to the Government, a cooperation programme between the French Ministry of Labour and the Ministry of the Civil Service, which includes the creation of a vocational training centre, is currently being implemented. The Committee notes with interest that two inspectors and an occupational medical officer participated in a short "train the trainers" course in July 2004 in Lille. The Government is requested to provide information on the content of the training course and to the effects that are expected.

The Committee also notes that an evaluation of the labour administration was carried out with the technical assistance of the ILO in March to April 2004. However, noting that the component on labour inspection has not yet been examined, the Committee would be grateful if the Government would indicate whether any measures have been taken for this purpose and communicate any information available on the progress achieved and on any difficulties encountered.

Articles 19, 20 and 21. The Committee notes that measures have been taken for the reports of the regional inspectorates to be submitted in time and that a general annual report on inspection activities will soon be transmitted to the ILO. The Committee reminds the Government that, in accordance with Article 20, the report should also be published so that it is accessible to any persons interested, and particularly for representative employers’ and workers’ organizations. It therefore requests the Government to provide information on the measures taken to this end.

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

The Committee notes that the Government’s report contains no reply to its previous comments but repeats the information supplied in its previous report. It notes that the table of the staff of the National Labour Directorate does not show the human resources of the services that are competent for labour inspection within the meaning of the Convention, and that the text of Decree No. 03-192/P-RM of 12 May 2003 on the organization and operation of the National Labour Directorate contains no specific provisions on the manner in which effect is given to the Convention. The Committee requests the Government to provide a copy of Act No. 02-072 of 19 December 2002 establishing the National Labour Directorate referred to by the Government, and to provide the information which it requested in its previous observation, which read as follows.

Article 3 of the Convention. Noting the information that, being subject to the administrative hierarchy, the labour inspectorate is obliged to bring to the notice of the higher authority any defects or abuses not specifically covered by the legislation, the Committee requests the Government to indicate the manner in which this function is discharged in practice by labour inspectors (paragraph 1(c)).

The Committee notes the information concerning the functions discharged by labour inspectors in the fields of conciliation, judicial appeals, arbitration, the protection of workers’ representatives and the supervision of employment. It notes in particular that conciliation duties prevail over the inspection of workplaces. The Committee considers that the duties thus entrusted to inspectors to the evident prejudice of their principal functions interfere with the latter within the meaning of paragraph 2 of this Article and it requests the Government to take the necessary measures to ensure that the further duties entrusted to labour inspectors are not such as to interfere with the discharge of their primary duties or to prejudice in any way the authority and impartiality which are necessary to them in their relations with employers and workers.

Articles 6 and 15(a). The Committee notes with concern that the remuneration of the staff of the inspection services is derisory in comparison with that of officials in the administration of finances and public works and lays inspection staff open to the need to undertake parallel gainful activities, or to the temptation to accepting gratuities when discharging their duties. This situation is in violation of the obligation for inspectors not to have any interest in the enterprises under their supervision and to the necessary authority which is indispensable to discharge the function of inspection. It is therefore necessary and urgent for the Government to take measures with a view to ensuring that labour inspectors and their assistants enjoy remuneration and career prospects that are appropriate to their functions so as to assure that they are independent of any improper external influences.

Article 7, paragraph 3. The Committee notes the Government’s indication that it would be utopian to expect training for labour inspectors, which is confined to a grounding in labour law at the National School of Administration, a trainee course in the labour services and participation in a training course at the African Regional Labour Administration Centre (CRADAT). In practice, there is no specialized branch in national colleges, nor training grants or university courses in the field of labour and social security. The Committee cannot overemphasize the importance which should be accorded to the technical and practical training of labour inspectors during their employment so that they can cope with the increasing complexity of their duties and it requests the Government to take the necessary measures to provide them with training in accordance with their needs. Please indicate in the next report the measures which have been taken or are envisaged to this effect.

Articles 10, 11, 12, 13, 16, 17 and 18. The Committee notes the difficulties of a practical nature which occur in the application of the Convention, and particularly the inadequacy of the resources made available to the inspection services, which are described by the Government as being purely symbolic (clearly inadequate staff numbers, working conditions and material resources; dilapidated, undersized, unhealthy and unequipped premises; complete lack of documentation). The Committee notes in particular the irregular nature of inspections, the shortcomings of the public transport system and the absence of any transport facilities for the professional travel of labour inspectors, and of any arrangements for the reimbursement of their travelling and incidental expenses. The Government also indicates that the derisory level of fines for violations of the labour legislation means that it is of no avail to take the relevant measures. The Committee notes that it is the Government’s own opinion that the application of the Convention depends on the political will to accord the world of work an appropriate priority with the objective of economic and social development. The Committee therefore trusts that measures will be taken in the very near future, where necessary calling upon international cooperation and the technical assistance of the ILO, to establish the conditions required for the effective organization and operation of a system of labour inspection benefiting from appropriate resources, in which inspectors are in a position to make effective use of the powers entrusted to them by the above provisions of the Convention.

Articles 19, 20 and 21. With reference to its previous comments under these Articles, the Committee notes the indication that the Regional Labour Directorates are obliged to prepare quarterly or annual reports on their activities, which they submit to the National Labour Directorate. The Committee once again requests the Government to provide information on the progress achieved with a view to the compilation by the Central Labour Inspection Authority, on the basis of these regular reports, of an annual general report on the activities of the labour inspection services, and its transmission to the ILO.

Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the Government’s detailed report and the table showing the distribution of the staff of the National Directorate of Employment, Labour and Social Security and the Regional Labour Directorates (DRETSS). The Government is requested to provide additional information on the following points.

Article 3 of the Convention. Noting the information that, being subject to the administrative hierarchy, the labour inspectorate is obliged to bring to the notice of the higher authority any defects or abuses not specifically covered by the legislation, the Committee requests the Government to indicate the manner in which this function is discharged in practice by labour inspectors (paragraph 1(c)).

The Committee notes the information concerning the functions discharged by labour inspectors in the fields of conciliation, judicial appeals, arbitration, the protection of workers’ representatives and the supervision of employment. It notes in particular that conciliation duties prevail over the inspection of workplaces. The Committee considers that the duties thus entrusted to inspectors to the evident prejudice of their principal functions interfere with the latter within the meaning of paragraph 2 of this Article and it requests the Government to take the necessary measures to ensure that the further duties entrusted to labour inspectors are not such as to interfere with the discharge of their primary duties or to prejudice in any way the authority and impartiality which are necessary to them in their relations with employers and workers.

Articles 6 and 15(a). The Committee notes with concern that the remuneration of the staff of the inspection services is derisory in comparison with that of officials in the administration of finances and public works and lays inspection staff open to the need to undertake parallel gainful activities, or to the temptation to accepting gratuities when discharging their duties. This situation is in violation of the obligation for inspectors not to have any interest in the enterprises under their supervision and to the necessary authority which is indispensable to discharge the function of inspection. It is therefore necessary and urgent for the Government to take measures with a view to ensuring that labour inspectors and their assistants enjoy remuneration and career prospects that are appropriate to their functions so as to assure that they are independent of any improper external influences.

Article 7, paragraph 3. The Committee notes the Government’s indication that it would be utopic to expect training for labour inspectors, which is confined to a grounding in labour law at the National School of Administration, a trainee course in the labour services and participation in a training course at the African Regional Labour Administration Centre (CRADAT). In practice, there is no specialized branch in national colleges, nor training grants or university courses in the field of labour and social security. The Committee cannot overemphasize the importance which should be accorded to the technical and practical training of labour inspectors during their employment so that they can cope with the increasing complexity of their duties and it requests the Government to take the necessary measures to provide them with training in accordance with their needs. Please indicate in the next report the measures which have been taken or are envisaged to this effect.

Articles 10, 11, 12, 13, 16, 17 and 18. The Committee notes the difficulties of a practical nature which occur in the application of the Convention, and particularly the inadequacy of the resources made available to the inspection services, which are described by the Government as being purely symbolic (clearly inadequate staff numbers, working conditions and material resources; dilapidated, undersized, unhealthy and unequipped premises; complete lack of documentation). The Committee notes in particular the irregular nature of inspections, the shortcomings of the public transport system and the absence of any transport facilities for the professional travel of labour inspectors, and of any arrangements for the reimbursement of their travelling and incidental expenses. The Government also indicates that the derisory level of fines for violations of the labour legislation means that it is of no avail to take the relevant measures. The Committee notes that it is the Government’s own opinion that the application of the Convention depends on the political will to accord the world of work an appropriate priority with the objective of economic and social development. The Committee therefore trusts that measures will be taken in the very near future, where necessary calling upon international cooperation and the technical assistance of the ILO, to establish the conditions required for the effective organization and operation of a system of labour inspection benefiting from appropriate resources, in which inspectors are in a position to make effective use of the powers entrusted to them by the above provisions of the Convention.

Articles 19, 20 and 21. With reference to its previous comments under these Articles, the Committee notes the indication that the Regional Labour Directorates are obliged to prepare quarterly or annual reports on their activities, which they submit to the National Labour Directorate. The Committee once again requests the Government to provide information on the progress achieved with a view to the compilation by the Central Labour Inspection Authority, on the basis of these regular reports, of an annual general report on the activities of the labour inspection services, and its transmission to the ILO.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which reads as follows:

Articles 10 and 11 of the Convention.  The Committee notes with interest the information to the effect that, in accordance with these provisions, a credit has been set aside in the budget for material and human resources and partially disbursed. The Committee requests the Government to provide a detailed financial statement on the means which are now available to labour inspectors and its impact on the development of the activities of the labour inspectorate.

Articles 19, 20 and 21.  In accordance with these provisions of the Convention, labour inspectors or labour inspection officers, as the case may be, shall be required to submit to the central inspection authority periodical reports on the results of their inspection activities (Article 19); the central inspection authority shall publish an annual general report on the work of the inspection services under its control and transmit a copy to the ILO (Article 20). The annual reports should also include the points enumerated under Article 21(a) to (g). The Committee notes that the ILO has received no inspection reports during the last 12 years. It had already pointed out in paragraph 273 of its 1985 General Survey on the importance it attaches to the application of these provisions of the Convention. From a national viewpoint, annual inspection reports are essential to evaluate the practical results of labour inspectorate activities to ensure the necessary means are made available to improve their effectiveness. The annual reports of the labour inspectorate are also published to provide information to and to receive comments from employers and workers as well as their respective organizations. Finally, failure to provide the ILO with regular annual reports on the activities of the labour inspectorate deprives the ILO’s supervisory bodies of an essential instrument enabling an evaluation of the manner in which the labour inspectorate functions in practice and a means of communication with the Government to ensure the correct application of the Convention. The Committee is therefore bound to reiterate to the Government the need to take appropriate measures to give effect to these provisions within the prescribed period and requests the Government to provide information in its next report on progress achieved to that end.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes the Government's report.

Articles 10 and 11 of the Convention. The Committee notes with interest the information to the effect that, in accordance with these provisions, a credit has been set aside in the budget for material and human resources and partially disbursed. The Committee requests the Government to provide a detailed financial statement on the means which are now available to labour inspectors and its impact on the development of the activities of the labour inspectorate.

Articles 19, 20 and 21. In accordance with these provisions of the Convention, labour inspectors or labour inspection officers, as the case may be, shall be required to submit to the central inspection authority periodical reports on the results of their inspection activities (Article 19); the central inspection authority shall publish an annual general report on the work of the inspection services under its control and transmit a copy to the ILO (Article 20). The annual reports should also include the points enumerated under Article 21(a) to (g). The Committee notes that the ILO has received no inspection reports during the last 12 years. It had already pointed out in paragraph 273 of its 1985 General Survey on the importance it attaches to the application of these provisions of the Convention. From a national viewpoint, annual inspection reports are essential to evaluate the practical results of labour inspectorate activities to ensure the necessary means are made available to improve their effectiveness. The annual reports of the labour inspectorate are also published to provide information to and to receive comments from employers and workers as well as their respective organizations. Finally, failure to provide the ILO with regular annual reports on the activities of the labour inspectorate deprives the ILO's supervisory bodies of an essential instrument enabling an evaluation of the manner in which the labour inspectorate functions in practice and a means of communication with the Government to ensure the correct application of the Convention. The Committee is therefore bound to reiterate to the Government the need to take appropriate measures to give effect to these provisions within the prescribed period and requests the Government to provide information in its next report on progress achieved to that end.

[The Government is asked to report in detail in 2000.]

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes with regret that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Articles 6, 7, 10, 11, 16, 20 and 21 of the Convention. With reference to its observation, the Committee notes that the specific objectives of the project to support the employment services are to recruit and train staff, to make available to inspectors motor vehicles, micro-computers, the necessary documentation and office furniture. However, it notes that achievement of these objectives, which govern the practical application of the Convention, with effective inspection of establishments coming first, depend on funding which has not yet been obtained. The Committee hopes that the Government will take this project into consideration in its budgetary priorities and that other sources of funding will also be considered so that implementation can begin as soon as possible, even if the project is carried out in stages, so that progress can be made in practical application of these provisions of the Convention.

Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes with regret that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

The Committee takes note of the Government's report which refers to information supplied previously on the subject of the labour inspection situation. It also takes note of the project to support labour services with the general objective of dynamizing these services and strengthening their intervention capacity. The Committee is sending directly to the Government a direct request on a number of points.

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

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Articles 6, 7, 10, 11, 16, 20 and 21 of the Convention. With reference to its observation, the Committee notes that the specific objectives of the project to support the employment services are to recruit and train staff, to make available to inspectors motor vehicles, micro-computers, the necessary documentation and office furniture. However, it notes that achievement of these objectives, which govern the practical application of the Convention, with effective inspection of establishments coming first, depend on funding which has not yet been obtained. The Committee hopes that the Government will take this project into consideration in its budgetary priorities and that other sources of funding will also be considered so that implementation can begin as soon as possible, even if the project is carried out in stages, so that progress can be made in practical application of these provisions of the Convention.

Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

The Committee takes note of the Government's report which refers to information supplied previously on the subject of the labour inspection situation. It also takes note of the project to support labour services with the general objective of dynamizing these services and strengthening their intervention capacity. The Committee is sending directly to the Government a direct request on a number of points.

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

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

Articles 6, 7, 10, 11, 16, 20 and 21 of the Convention. With reference to its observation, the Committee notes that the specific objectives of the project to support the employment services are to recruit and train staff, to make available to inspectors motor vehicles, micro-computers, the necessary documentation and office furniture. However, it notes that achievement of these objectives, which govern the practical application of the Convention, with effective inspection of establishments coming first, depend on funding which has not yet been obtained. The Committee hopes that the Government will take this project into consideration in its budgetary priorities and that other sources of funding will also be considered so that implementation can begin as soon as possible, even if the project is carried out in stages, so that progress can be made in practical application of these provisions of the Convention.

Observation (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee takes note of the Government's report which refers to information supplied previously on the subject of the labour inspection situation. It also takes note of the project to support labour services with the general objective of dynamizing these services and strengthening their intervention capacity.

The Committee is sending directly to the Government a direct request on a number of points.

Observation (CEACR) - adopted 1993, published 80th ILC session (1993)

Articles 6, 10, 11 and 16 of the Convention. The Committee notes the Government's reply to its previous comments. It notes with interest the Government's frank critical assessment of the insufficiency of the strength of the inspectorate, the insufficient training provided to inspectors, the poor and precarious conditions of employment undermining their employment security and independence, and their lack of financial, material and transportation means resulting in general in inspection visits which are both irregular and inadequate. At the same time, the Committee finds some encouragement in the new administrative arrangements referred to in the report; and in the holding of a national tripartite seminar on labour inspection, with ILO participation, in 1992. The Committee would be grateful if the Government would communicate information about any measures it finds possible to improve the situation and it trusts the Government will endeavour to maintain contacts with the competent services of the ILO in this connection.

Articles 20 and 21. The Committee notes that annual inspection reports for the years 1987-91 have not reached the Office. It hopes in future progress may be made in preparing reports containing information on all subjects enumerated in Article 21 and publishing and communicating them within the time-limits set by Article 20. It would be glad if the Government would also supply copies of Ordinance No. 90-63/PRM, Decrees Nos. 90-421, 90-422 and Order No. 90-0598 concerning administration of the labour inspection service.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

Articles 10, 11 and 16 of the Convention. The Committee notes the very brief information supplied by the Government to the effect that the staff placed at the disposal of the labour inspection services consists of 23 officials, a number which appears somewhat inadequate. It asks the Government to indicate all measures taken or contemplated to remedy that deficiency and to supply with its next report information on any progress made in that respect.

Articles 20 and 21. Further to its previous comment, the Committee notes that the annual reports on the activities of labour inspection services for the years 1987, 1988, 1989 and 1990 have not reached the ILO. It asks the Government to state whether such reports are regularly prepared and published at the national level and to supply the ILO with copies. The Committee trusts that in future these reports, containing information on all the subjects enumerated in Article 21, will be published and communicated within the time limits set by Article 20.

[The Government is asked to supply a detailed report for the period ending 30 June 1992.]

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

Articles 20 and 21 of the Convention. The Committee notes that the annual report on the activities of the National Directorate of Employment, Labour and Social Security (Part II, statistical tables) for 1986, appended to the Government's report on the application of the Convention, contains no information on the staff of the labour inspection service, or statistics of workplaces liable to inspection and the number of workers employed therein (points (b) and (c) of Article 21). It trusts that the Government will take the necessary steps to ensure that, in future, annual reports containing general information on the work of the inspection services and including statistics on all the subjects listed at Article 21 will be transmitted to the International Labour Office within the period laid down at Article 20.

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