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Repetition Further to its previous comments, in which it drew the Government’s attention to the need to adapt the activities of the inspection services to the specific features of the agricultural sector, even if these services cover other economic sectors, the Committee notes that nothing appears to have been done in this respect. Moreover, the Government has not been able to provide information, as requested, on the geographical distribution of agricultural undertakings and the workers employed therein. In the absence of such data, no assessment of the extent to which the Convention is applied is possible, either by the national authorities with a view to improving its coverage, or by the ILO supervisory bodies with a view to fulfilling their function in this respect. As the Committee emphasized in its previous observation, an appreciation of the effectiveness of the labour inspection system in agriculture is necessarily based on knowledge of the needs in this area and on the periodical updating of the relevant information. The obligation for inspection units to provide periodical reports on their activities in agricultural undertakings (Article 25 of the Convention) is designed specifically to enable the central inspection authority to follow, supervise and adjust their activities, as well as to allow information on the items listed in Article 27, which are specific to the agricultural sector, to be included in the annual general report on inspection activities required by Article 26. For more than ten years, no report of this nature has been transmitted to the ILO and no data on the number of agricultural undertakings liable to inspection has ever been provided.With reference to the Government’s indication of the predominance of child labour in agriculture and stock-raising, and that projects to combat this phenomenon mean that labour inspectors are taking on an important role in this field, the Committee suggests that it should take advantage of the implementation of these projects to set in motion measures to revitalize the activities of the labour inspection services in agricultural undertakings. It notes that no information has been provided by the Government in this respect.The Committee therefore once again requests the Government to ensure that the labour inspection services have access to data on the number and geographical distribution of agricultural undertakings and the workers employed therein, and to specify the geographical distribution of labour inspectors who in practice discharge their duties in agricultural undertakings. Once again reminding the Government that, when the economic situation of a member State does not allow it to fulfil adequately the requirements of a ratified Convention, it may have recourse to international financial cooperation and the technical assistance of the Office, the Committee requests the Government to provide detailed information on the manner in which effect is given in law and practice to each of the provisions of the Convention and to keep the ILO informed of the difficulties encountered and the measures adopted to resolve them.
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 notes that the Government’s report does not contain a reply to its previous comments. It notes that the report is confined to indicating that the agricultural sector is largely made up of family undertakings which are not covered by the labour legislation applicable to the sector and that it refers to the report on the application of Convention No. 81. Reminding the Government of the commitments deriving from the ratification of the present Convention and observing once again the absence of specific information on the operation in practice of the labour inspectorate in agriculture, the Committee is therefore bound to reiterate its previous observation on the following matters:
Further to its previous comments, in which it drew the Government’s attention to the need to adapt the activities of the inspection services to the specific features of the agricultural sector, even if these services cover other economic sectors, the Committee notes that nothing appears to have been done in this respect. Moreover, the Government has not been able to provide information, as requested, on the geographical distribution of agricultural undertakings and the workers employed therein. In the absence of such data, no assessment of the extent to which the Convention is applied is possible, either by the national authorities with a view to improving its coverage, or by the ILO supervisory bodies with a view to fulfilling their function in this respect. As the Committee emphasized in its previous observation, an appreciation of the effectiveness of the labour inspection system in agriculture is necessarily based on knowledge of the needs in this area and on the periodical updating of the relevant information. The obligation for inspection units to provide periodical reports on their activities in agricultural undertakings (Article 25 of the Convention) is designed specifically to enable the central inspection authority to follow, supervise and adjust their activities, as well as to allow information on the items listed in Article 27, which are specific to the agricultural sector, to be included in the annual general report on inspection activities required by Article 26. For more than ten years, no report of this nature has been transmitted to the ILO and no data on the number of agricultural undertakings liable to inspection has ever been provided.
With reference to the Government’s indication of the predominance of child labour in agriculture and stock-raising, and that projects to combat this phenomenon mean that labour inspectors are taking on an important role in this field, the Committee suggests that it should take advantage of the implementation of these projects to set in motion measures to revitalize the activities of the labour inspection services in agricultural undertakings. It notes that no information has been provided by the Government in this respect.
The Committee therefore once again requests the Government to ensure that the labour inspection services have access to data on the number and geographical distribution of agricultural undertakings and the workers employed therein, and to specify the geographical distribution of labour inspectors who in practice discharge their duties in agricultural undertakings.
Once again reminding the Government that, when the economic situation of a member State does not allow it to fulfil adequately the requirements of a ratified Convention, it may have recourse to international financial cooperation and the technical assistance of the Office, the Committee requests the Government to provide detailed information on the manner in which effect is given in law and practice to each of the provisions of the Convention and to keep the ILO informed of the difficulties encountered and the measures adopted to resolve them.
The Committee hopes that the Government will make every effort to take the necessary action in the near future.
The Committee requests the Government to take the required measures rapidly and to provide relevant information and particulars of the difficulties encountered in the implementation of the Convention.
The Committee notes the Government’s report received on 1 June 2007, and the additional information received on 5 November 2007. It notes that this information relates exclusively to the composition and distribution of the labour inspection staff. Further to its previous comments, in which it drew the Government’s attention to the need to adapt the activities of the inspection services to the specific features of the agricultural sector, even if it covers other economic sectors, the Committee notes that nothing appears to have been done in this respect. Moreover, the Government has not been able to provide information, as requested, on the geographical distribution of agricultural enterprises and the workers employed therein. In the absence of such data, no assessment of the extent to which application of the Convention is possible, either by the national authorities with a view to improving coverage, or by the ILO supervisory bodies with a view to fulfilling their function in this respect. As the Committee emphasized in its previous observation, an appreciation of the effectiveness of the labour inspection system in agriculture is necessarily based on knowledge of the needs in this area and on the periodical updating of the relevant information. The obligation for inspection units to provide periodical reports on their activities in agricultural enterprises (Article 25 of the Convention) is designed specifically to enable the central inspection authority to follow, supervise and adjust their activities, as well as to allow information on the items listed in Article 27, which are specific to the agricultural sector, to be included in the annual general report on inspection activities required by Article 26. For more than ten years, no report of this nature has been transmitted to the ILO and no data on the number of agricultural enterprises liable to inspection has ever been provided.
With reference to the Government’s indication of the predominance of child labour in agriculture and stock-raising, and that projects to combat this phenomenon mean that labour inspectors are taking on an important role in this field, the Committee suggests that it should take advantage of the implementation of these projects to set in motion measures to revitalize the activities of the labour inspection services in agricultural enterprises. It notes that no information has been provided by the Government in this respect.
The Committee therefore once again requests the Government to ensure that the labour inspection services have access to data on the number and geographical distribution of agricultural enterprises and the workers employed therein, and to specify the geographical distribution of labour inspectors who in practice discharge their duties in agricultural enterprises.
The Committee hopes that the Government will make every effort to take the necessary measures in the very near future.
The Committee notes the Government’s replies to the points raised in its previous comments, which indicate that in agricultural enterprises the labour inspectorate operates with the same human and material resources and according to the same methods as in other branches of activity. In theory, this is not contrary to the prescriptions laid down in the Convention as to the general principles which should be the foundation of any labour inspection system. However, to meet the standard of effectiveness required by the ILO instruments concerning labour inspection, the Committee deems it essential for labour inspection services to be duly adapted to the specific features of each of the economic sectors covered. In this case, by taking into account the particularities of agricultural workers and agricultural enterprises, the Convention aims to ensure the necessary degree of compliance with the legislation on the working conditions of agricultural workers and their protection while engaged in their work.
An appreciation of the effectiveness of the labour inspection system in agriculture is therefore necessarily based on the knowledge of the needs in this area and on periodical updating of the relevant information. The obligation for inspection units to provide periodical reports on their activities in agricultural enterprises (Article 25) is specifically intended to enable the central inspection authority to follow, supervise and, if necessary, adjust their activities, as well as the inclusion of information on the items listed in Article 27 which are specific to the agricultural sector in the general annual report on inspection activities required by Article 26. No such report has been provided to the ILO for around ten years and the number of agricultural enterprises liable to inspection has never been communicated. In its report of 2000 on the application of the Labour Inspection Convention, 1947 (No. 81), concerning labour inspection in industry and commerce, the Government announced the publication and communication of annual reports for the period 1995-99 without following up on it. Consequently, the Committee still lacks the data needed to make even a rough assessment of how far this Convention is applied in practice and is therefore unable to fulfil the supervisory duty vested in it. It wishes to point out to the Government that, as it stated in its General Survey of 1985 on labour inspection, the publication of an annual report is not an end in itself but gives the national authorities significant data on the application of the national labour legislation and any gaps in the legislation which may be instructive for the authorities in the future, on the one hand, and, on the other hand enables employers and workers and their organizations to react, through its publication, with a view to improving the effectiveness of inspection services (paragraph 273). The Committee recalls that, when a member State is unable to fulfil the requirements of a Convention it has ratified due to its economic situation, it may request the technical assistance of the ILO and international financial aid.
Noting that, according to the Government, the available general indicators made it possible, when formulating projects and programmes to combat child labour, to establish that this phenomenon is found mainly in the agricultural sector, including animal husbandry, and that labour inspectors are assigned an important role in this context, the Committee is of the view that the Government would be well advised to take advantage of the implementation of these projects to initiate measures to reactivate the labour inspection services in agricultural enterprises. As a preliminary and objective assessment of the situation in this sector is highly desirable for this purpose, the Committee would be grateful if the Government would ensure that the labour inspection services have access to data on the number and geographical distribution of agricultural enterprises and workers employed therein, and to provide the ILO with any relevant information, including information on the composition and distribution of inspection staff in geographical terms and according to their fields of competence.
The Committee hopes that the Government will communicate detailed information on how it has given effect to each of the provisions of the Convention. The Government is also asked to keep the ILO informed of any difficulties encountered and of any steps taken to overcome them.
The Committee hopes that the Government will make every effort to take the necessary action in the very near future.
The Committee takes note of the Government’s report. It notes that it does not fully reply to the previous comment. It must therefore repeat its previous observation, which read as follows.
The Committee notes that the Government’s report contains no reply to previous comments. It must therefore repeat its previous observation, which read as follows:
The Committee notes the Government’s report for the period ending in May 2000, in which the latter indicates that agricultural undertakings are subject to labour inspection supervision on the same basis as industrial or commercial enterprises and that no particular problems are encountered in this regard. The Committee notes, however, that the Government has not supplied the information requested in previous comments, and hopes that it will not fail to supply them in its next report. 1. Articles 9, paragraph 3, and 14, of the Convention. The Committee would be grateful if the Government would supply details on the periodicity and content of the training seminars and workshops for labour inspectors concerned with the agricultural sector as well as the impact of evolution in the global numbers of inspectors on the number of inspections carried out in agricultural undertakings. 2. Articles 15 and 21. The Committee requests the Government to supply details on the practical effects of the recent decentralization of labour services on the frequency of inspections and to specify the manner in which the provisions of Decree No. 95-395 of 29 September 1995 regarding the allowances made to labour inspectors who are concerned with agriculture and consequently have specific transport requirements. The Government is requested in particular to provide information on the manner in which transport expenses of labour inspectors concerned with agriculture are defined and reimbursed. 3. Labour inspection and child labour. Referring to its 1999 general observation, the Committee would be grateful if the Government would supply information on the measures taken or contemplated to develop inspection activities in regard to application of legal provisions relating to the employment of children and young persons in agricultural undertakings.
The Committee notes the Government’s report for the period ending in May 2000, in which the latter indicates that agricultural undertakings are subject to labour inspection supervision on the same basis as industrial or commercial enterprises and that no particular problems are encountered in this regard. The Committee notes, however, that the Government has not supplied the information requested in previous comments, and hopes that it will not fail to supply them in its next report.
1. Articles 9, paragraph 3, and 14, of the Convention. The Committee would be grateful if the Government would supply details on the periodicity and content of the training seminars and workshops for labour inspectors concerned with the agricultural sector as well as the impact of evolution in the global numbers of inspectors on the number of inspections carried out in agricultural undertakings.
2. Articles 15 and 21. The Committee requests the Government to supply details on the practical effects of the recent decentralization of labour services on the frequency of inspections and to specify the manner in which the provisions of Decree No. 95-395 of 29 September 1995 regarding the allowances made to labour inspectors who are concerned with agriculture and consequently have specific transport requirements. The Government is requested in particular to provide information on the manner in which transport expenses of labour inspectors concerned with agriculture are defined and reimbursed.
3. Labour inspection and child labour. Referring to its 1999 general observation, the Committee would be grateful if the Government would supply information on the measures taken or contemplated to develop inspection activities in regard to application of legal provisions relating to the employment of children and young persons in agricultural undertakings.
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:
The Committee notes the Government's report and the information communicated by the Government in response to the Committee's previous comments. It also notes the legislative texts referred to in the reports and appended to the report. With reference to its previous comments, the Committee requests the Government to provide additional information on the following points.
1. Articles 9, paragraph 3, and 14 of the Convention. The Committee notes the information provided in this regard in the Government's report relative to Convention No. 81 concerning the application of Articles 7 and 10. With reference to its comments in respect of Convention No. 81, the Committee requests the Government to specify in its next report the duration as well as the programmes of the training seminars and workshops intended for labour inspectors who are responsible for inspecting the agricultural sector and to provide information in respect of any developments registered with regard to labour inspectors and the inspection visits in agricultural enterprises.
2. Articles 15 and 21. The Committee notes the information provided by the Government in its report for Convention No. 81 relative to the application of Article 11. The Committee requests the Government to provide detailed information in respect of the practical impact expected from the decentralization of the labour services on the implementation of measures designed to ensure that agricultural enterprises which require inspection are inspected as frequently and thoroughly as is necessary to ensure the effective application of the relevant legislative provisions and whether the allowances paid to labour inspectors under Decree No. 95-395 of 29 September 1995 respecting the statute of public officials in the labour administration services cover, by whatever means, the travelling expenses incurred by labour inspectors in agriculture, in particular for the performance of their duties and, if so, to specify whether the allowances paid are fixed allowances or whether they vary according to the real expenditure incurred in this regard. Where travelling or incidental expenses are not covered by the above allowances, the Government is requested to provide information with regard to the manner in which it defines travelling expenses which may be reimbursed upon receipt of a travelling expense claim form from labour inspectors in the agricultural sector.
3. Articles 26 and 27. The Committee notes with interest the labour statistics report for 1993 and the quarterly report of the activities of the Regional Department for Employment, Labour and Social Security for Central-West Burkina Faso (April, May and June 1997). Nevertheless, the Committee requests the Government to refer in this regard, to its comments relative to Article 20 and 21 of Convention No. 81.
Article 9, paragraph 3, and Articles 14 and 21, of the Convention. The Committee notes the information concerning the number of labour inspectors contained in the Government's report on Convention No. 81. It also notes the information contained in the Government's report showing a low inspection rate for agricultural enterprises due to their distance from inspection centres and the limited resources available to the inspection services, with the result that inspection is concentrated on industrial or agro-industrial establishments. The Committee would be grateful if the Government would indicate the measures which have been taken or are envisaged, including the recruitment of additional labour inspectors and their training, to ensure that agricultural enterprises are inspected as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions.
Article 15. See the comments made under Convention No. 81 concerning the application of Article 11.
Article 16, paragraph 1(a), (b) and (c)(iii). See the comments made under Convention No. 81 on the application of Article 12, paragraph 1(a), (b) and (c)(iv).
Article 16, paragraph 2. The Committee notes that section 222 of the Labour Code authorizes labour inspectors to enter the private home of the operator of an agricultural enterprise where the distinction between this home and the enterprise is unclear, which is not in accordance with this provision of the Convention. The Committee requests the Government to take the necessary measures to limit the power of inspectors to enter private homes where a distinction cannot be made with the workplace to cases in which they have obtained the authorization of the operator or have been issued with a special authorization by the competent authorities.
Article 17. The Committee notes the information in the Government's report to the effect that the labour inspection services in agriculture are not associated in preventive control, as provided by this provision of the Convention, but they could be in future as the labour services have requested to be closely associated with such prevention. The Committee requests the Government to provide information on the progress achieved in this respect.
Articles 26 and 27. The Committee notes that no annual inspection report has been transmitted to the Office. It hopes that the Government will take the necessary measures, where appropriate calling upon the technical assistance of the Office, to publish and transmit an annual inspection report covering the subjects enumerated in Article 27, within the time-limits set out in Article 26.
Article 9, paragraph 3, and Articles 14 and 21. The Committee notes the information concerning the number of labour inspectors contained in the Government's report on Convention No. 81. It also notes the information contained in the Government's report showing a low inspection rate for agricultural enterprises due to their distance from inspection centres and the limited resources available to the inspection services, with the result that inspection is concentrated on industrial or agro-industrial establishments. The Committee would be grateful if the Government would indicate the measures which have been taken or are envisaged, including the recruitment of additional labour inspectors and their training, to ensure that agricultural enterprises are inspected as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions.
Article 15. See the comments made under Convention No. 81 concerning the application of Article 11, as follows:
Article 11, paragraph 1. The Committee notes the information in the Government's report stating that a plan to decentralize labour services under which the construction of new buildings to house the labour inspection services is planned as well as equipping them with furniture and other working infrastructures is well on the way. It notes, furthermore, that transport facilities (automobiles and motorcycles) are made available for labour inspectors in accordance with financial means. The Committee would be grateful if the Government would supply in its next report information on the progress made in carrying out the above-mentioned project and on the shortcomings in transport facilities suffered by inspectors in the exercise of their duties.
Article 11, paragraph 2. The Committee notes the information contained in the Government's report that the central administration reimburses travel expenses if incurred. It would be grateful if the Government would indicate whether other ancillary expenditure necessary for the exercise of inspectors' duties are also reimbursed.
Article 16, paragraph 1(a), (b) and (c)(iii). See the comments made under Convention No. 81 on the application of Article 12, paragraph 1(a), (b) and (c)(iv), as follows:
Article 12, paragraph 1(a) and (b). The Committee notes that section 222 of the Labour Code does not empower labour inspectors to enter freely and without previous notice at any hour of the day or night any workplace liable to inspection. They are, however, empowered to enter at night premises where they have reasonable grounds to believe persons liable to the Labour Code are working. The Committee requests the Government to take the necessary measures to adapt its legislation to these provisions of the Convention which give wider powers for the inspection of establishments liable to inspection and, on the other hand, restrict daytime inspection to premises which the inspectors have reasonable grounds to believe are liable to such inspection.
Article 12, paragraph 1(c)(iii) and (iv). The Committee notes that the Labour Code does not empower labour inspectors to enforce the posting of notices required by the legal provisions or to take or remove for purposes of analysis samples of materials and substances used or handled, subject to the employer or his representative being notified of any samples or substances taken or removed for such purposes. It would be grateful if the Government would indicate the measures taken or envisaged to afford these powers to labour inspectors, in accordance with the provisions of the Convention.
With reference to its previous comments, the Committee notes with satisfaction that section 218 of Act No. 11/92/ADP of 22 December 1992 to issue the Labour Code provides that labour inspectors shall bring to the attention of the competent authority defects or abuses not specifically covered by existing legal provisions, thereby giving effect to Article 6, paragraph 1(c), of the Convention.
The Committee is addressing a request directly to the Government on certain other matters.
Article 6, paragraph 1(c), of the Convention. See under Convention No. 81, Article 3, paragraph 1(c), as follows:
Article 3, paragraph 1(c), of the Convention. The Committee notes that the draft of the revised Labour Code to which it referred in its previous comment will shortly be submitted to the competent authorities for adoption. The Committee again expresses the hope that appropriate measures will be taken to give effect to this provision of the Convention which provides that the labour inspectorate must bring to the notice of the competent authority defects or abuses not specifically covered by existing legal provisions. It asks the Government to provide information on any progress made in this regard in its next report.
Articles 15 and 21. The Committee notes from the report that the Government considers that, generally speaking, the Convention is applied satisfactorily. It none the less refers to its comment under Convention No. 81, Articles 11 and 16, as follows:
Articles 11 and 16. Further to its previous comment, the Committee notes the Government's endeavours to remedy the lack of material facilities placed at the disposal of labour inspectors, particularly as regards transport. It also notes the Government's view that, generally speaking, as things now stand, application of the Convention still leaves room for improvement. It hopes that the next report will contain all the required information on the measures taken or contemplated to this end, including the possibility of reimbursing labour inspectors for any travelling and incidental expenses which may be necessary for the performance of their duties.
Articles 16, paragraph 2, and 17. Further to its previous comments, the Committee notes that the draft Labour Code referred to in the Government's report seems to take account (in section 232) of Article 16, paragraph 2, of the Convention (conditions for entry to the private home of the operator of an undertaking), but not of Article 17 (association of the labour inspection services in preventive control). It again expresses the hope that appropriate measures will be taken to give effect to these two provisions of the Convention. It asks the Government to indicate any progress made in this respect in its next report.
Articles 26 and 27. See under Convention No. 81, Articles 20 and 21, as follows:
Articles 20 and 21. The Committee notes that a summary of inspection reports for 1990 has been prepared. Further to its previous comments, it again expresses the hope that the Government will take the necessary steps to ensure that annual inspection reports containing information on all the subjects listed at Article 21 are published and transmitted to the International Labour Office within the period laid down in Article 20.
Articles 15 and 21. The Committee notes from the report that the Government considers that, generally speaking, the Convention is applied satisfactorily. It none the less refers to its comment under Convention No. 81, Articles 11 and 16.
Article 3, paragraph 1(c), of the Convention. With reference to its earlier comments, the Committee hopes that pending the revision of the Labour Code referred to by the Government in its last report, appropriate measures will be taken to give effect to this provision of the Convention, which provides that the labour inspectorate must bring to the notice of the competent authority defects or abuses not specifically covered by existing legal provisions. It requests the Government to provide information on any progress made in this regard in its next report.
Articles 15 and 21. See under Convention No. 81, Articles 11 and 16, as follows:
Articles 11 and 16. The Committee requests the Government to provide specific indications on the number of vehicles placed at the disposal of labour inspectors, and on the arrangements made to reimburse to labour inspectors any travelling and incidental expenses which may be necessary for the perfomance of their duties, particularly with regard to visits to workplaces liable to inspection.
Article 16, paragraph 2 and Article 17. With reference to its previous comments, the Committee expresses the hope that, pending the revision of the Labour Code, referred to by the Government in its report, appropriate steps will be taken to give effect to these provisions of the Convention (conditions for entry into the private home of the operator of an agricultural undertaking and association of the labour inspection services with preventive control). It requests the Government in its next report to provide information on any progress made in this respect.
Articles 20 and 21. The Committee notes that the report on the work of the labour inspectorate has not reached the International Labour Office. It trusts that the Government will take the necessary steps to ensure that, in future, annual inspection reports containing information on all the subjects listed at Article 21 are published and transmitted to the International Labour Office within the period laid down at Article 20.