Individual Case (CAS) - Discussion: 1990, Publication: 77th ILC session (1990)

See under Convention No. 29, as follows:

The Government has communicated the following information:

In the detailed reports on ratified Conventions, and during the sessions of the International Labour Conference, Government delegates have always indicated that draft texts have been drawn up to bring the national law and practice into conformity with certain Conventions, namely Nos.: 18 - Workmen's Compensation (Occupational Diseases), 1925; 19 - Equality of Treatment (Accident Compensation), 1925; 29 - Forced Labour, 1930; 41 - Night Work (Women) (Revised), 1934; 52 - Holidays with Pay, 1936; 62 - Safety Provisions (Building), 1937; 87 - Freedom of Association and Protection of the Right to Organise, 1948; 105 - Abolition of Forced Labour, 1957; 118 - Equality of Treatment (Social Security), 1962. The constitutional procedure for the adoption of these draft texts is underway and is continuing before the competent national authorities. It points out that the delay in adopting these drafts was mainly due to the fact that parliamentary sessions take place twice each year (in March and October) and the draft legislation which has been debated there very often involved economic problems, given the recent creation of this institution. However, measures have been taken by the Department of Labour to encourage the competent authorities to accelerate the adoption of these texts. The Office will be kept informed of the measures taken in this regard in due time. In the meantime, the Government refers to its reports made on these instruments.

In addition, a Government representative indicated that there had been a recent change in the administration and a new Minister of Labour had only recently been appointed. He noted that the necessary legislation had been elaborated and submitted to the competent authorities but that he was not sure what was delaying its adoption. The new Minister of Labour wished to assure this Committee that he would do everything in his power to ensure that these texts were adopted.

The Workers' members wished to draw the Government's attention to the importance this Committee attached to this Convention and to the fact that the Committee of Experts had been making comments on this Convention virtually every year since 1966. It was clear that this Convention was not being applied in the Central African Republic. In the first place, several provisions existed which involved forced labour for certain categories of citizens. For some time now the Government had indicated that draft legislation to repeal these provisions had been drawn up and submitted to the competent authorities. Secondly, there was the issue of compulsory cultivation imposed on local communities. The Convention, however, only authorised recourse to compulsory cultivation for the prevention of famine. They expressed their deep concern at the situation and hoped that the Government would be in a position to indicate next year that the legislation in question had indeed been repealed.

The Employers' members noted that this problem needed urgent attention by the Government as it had been discussed in this Committee since 1966. The first issue of concern was the legislation which provided for forced labour. In the past, the Government had indicated that this legislation would be repealed, but now the Committee of Experts' report indicated that a tripartite committee had been established to assess the effects of repealing these texts at the social and economic level. This appeared to be a step backwards as the Government had indicated that this legislation was no longer applied. The second issue concerned compulsory cultivation. The Government should specify the actual limits of the legislation concerning compulsory cultivation so that it would remain within the permissible scope of the Convention. Given that this question had been discussed for a number of years and that no information had been received, new legislation should be introduced as soon as possible. If no progress could be indicated next year, the present Committee should adopt stricter measures.

The Government representative clarified that the text adopted under the former regime had fallen into abeyance and was no longer applicable. The comments made by the Committee of Experts had indicated that the Government should formally repeal these texts and it was in the process of doing this.

In addition, Government representative indicated that, as concerned the reimbursement for travelling and incidental expenses of labour inspectors, all civil servants were treated alike, and for some years now were subject to a number of restrictions imposed by the international monetary institutions. His Government had envisaged a text for the allocation of an additional allowance for all civil servants. In the present circumstances, however, it was difficult to increase the State's expenses. Nevertheless, since 1981 labour inspectors had received a monthly allowance equal to 20 per cent of their emoluments. As concerned the transmission of annual general inspection service reports, labour inspectors encountered difficulties in moving about to carry our inspection. This year his Government had, however, made an effort and all provincial labour inspectors had been provided with vehicles and had been given instructions concerning labour reports. Measures had been taken to establish a monthly and an annual labour report. As of 1991, a summary of labour inspection reports would be sent to the Office, in conformity with the provisions of the Convention.

The Employers' members stressed the importance of this Convention as it concerned the implementation of obligations concerning labour inspection relevant to the application of several ILO Conventions. An adequate staffing level was necessary for effective inspection, but it was also necessary to have the means available to work effectively, including the reimbursement of travel expenses. If travel expenses were not provided, then the inspection would not be carried out. As the Government had referred to economic difficulties, it was unlikely that this problem could be dealt with by an additional payment in salaries. No labour inspection report had been received from the Government since the ratification of this Convention 25 years ago. The Government representative had promised that a report would be sent next year. They could only hope that that would in fact be the case.

The Workers' members noted that if the Government had submitted reports over the years explaining its difficulties, particularly as concerned the restrictions imposed by the international financial organisations, the Office might have been able to help it. However, the Office could not give assistance in the absence of such reports and requests.

The Committee noted the information given by the Government according to which the new Minister of Labour had only been in office for a few days. Although such a change in government could be a cause of delay in complying with provisions of a Convention, it regretted that the Government had not been in a position to ensure compliance over the last period. It, therefore, urged the Government to amend the legislation as indicated by the Committee of Experts and felt the need to state that, if the Government did not comply with this request, the Committee might treat the case next year in a different way.

In addition, Government representative indicated that, as concerned the reimbursement for travelling and incidental expenses of labour inspectors, all civil servants were treated alike, and for some years now were subject to a number of restrictions imposed by the international monetary institutions. His Government had envisaged a text for the allocation of an additional allowance for all civil servants. In the present circumstances, however, it was difficult to increase the State's expenses. Nevertheless, since 1981 labour inspectors had received a monthly allowance equal to 20 per cent of their emoluments. As concerned the transmission of annual general inspection service reports, labour inspectors encountered difficulties in moving about to carry our inspection. This year his Government had, however, made an effort and all provincial labour inspectors had been provided with vehicles and had been given instructions concerning labour reports. Measures had been taken to establish a monthly and an annual labour report. As of 1991, a summary of labour inspection reports would be sent to the Office, in conformity with the provisions of the Convention.

The Employers' members stressed the importance of this Convention as it concerned the implementation of obligations concerning labour inspection relevant to the application of several ILO Conventions. An adequate staffing level was necessary for effective inspection, but it was also necessary to have the means available to work effectively, including the reimbursement of travel expenses. If travel expenses were not provided, then the inspection would not be carried out. As the Government had referred to economic difficulties, it was unlikely that this problem could be dealt with by an additional payment in salaries. No labour inspection report had been received from the Government since the ratification of this Convention 25 years ago. The Government representative had promised that a report would be sent next year. They could only hope that that would in fact be the case.

The Workers' members noted that if the Government had submitted reports over the years explaining its difficulties, particularly as concerned the restrictions imposed by the international financial organisations, the Office might have been able to help it. However, the Office could not give assistance in the absence of such reports and requests.

The Committee took note of the information supplied by the Government, which referred to the financial situation in the country. The Committe stressed the importance it attached to labour inspectors being able to carry out their jobs which entailed travelling. It, therefore, hoped that the Government would find the means to enable those inspectors to carry out their tasks properly. It further expressed its strong wish that the Government would also fulfil its other obligations under the Convention.

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

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

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

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

Scope of the ILO/ADMITRA project for the modernization of the labour administration and inspectorate. With reference to its previous comments focusing on the inadequacy of labour inspectors’ conditions of work, particularly the lack of reimbursement of their travelling expenses, the Committee notes that the Government has not supplied the information requested on the measures taken to seek, in the context of bilateral or international financial cooperation, the funds needed to improve the practical situation of the labour inspectorate. In response to this specific request from the Committee, the Government refers to the launching of the ILO/ADMITRA project. However, the Committee observes that the objective of this project, which covers seven French-speaking African countries, is not to assist in the search for the resources required for the functioning of labour administration structures, but to provide technical support for governments, mainly in the following three areas:

1.     Initial and further training for managers and employees in the administration and the labour inspectorate.

2.     Modernization of labour tools and organizational methods.

3.     Strengthening cooperation between the structures comprising the labour administration system (labour, employment, social security, vocational training), on the one hand, and between the labour administration and other administrations operating in related areas (justice, finance, health, etc.), on the other.

With reference to its general observation of 2007 inviting member States which have ratified Conventions on labour inspection to take measures enabling effective cooperation between the labour inspection system and the judicial authorities, the Committee notes with interest that an official from the Directorate-General of Labour and a member of the labour tribunal participated in the subregional workshop on the relations between the labour administration and the labour courts, held in the context of the above project from 8 to 10 May 2008 in Dakar. While noting that cooperation between the labour administration and the judicial system was already advocated in an ILO technical memorandum of 2004 to the Government concerning the reinforcement of labour administration, the Committee hopes that the information provided at this workshop and the fruitful exchanges it produced between participants representing the countries of the subregion will give rise to action and that information on the implementation of the recommended measures will soon be sent to the Office.

Deficiencies in the labour inspection system. Need for urgent financial and organizational measures for improvements relating to the inspection of conditions of work. The Committee notes that, although the labour legislation referred to by the Government under each of the Articles of the Convention may appear to a large extent compatible with the requirements of the Convention, its first report to the ILO on the application of the Labour Administration Convention, 1978 (No. 150), shows that the operation of labour inspection suffers from serious deficiencies. The Government states that the Directorate of Labour and Social Security – which is responsible for the enforcement of labour legislation though its labour inspection structures – does not have its own budget line and the special status of officials and employees of the labour administration was repealed by Act No. 99/016 of 19 July 1999 issuing the general public service regulations. Moreover, no labour administrator has been recruited since. This information is a cause for concern. It seems to imply that, for nearly ten years, labour inspectors have no longer enjoyed the guarantees provided for by Article 6 of the Convention with regard to conditions of service. Furthermore, information available to the ILO shows that successive measures have been adopted to reduce the salaries of all officials pursuant to the financial legislation in force in recent years. As regards the conditions for the performance of their duties, the Committee notes that there has been no improvement, as inspectors are still obliged to pay for their travelling expenses “out of their own pockets”, the expression used by the Government itself. Even though, in legal terms, no enterprise is exempt from inspection, inspection visits are rare and inspection reports non-existent, as indicated by the Government in its report on the application of Convention No. 150. Inspectors are therefore far removed from the establishments liable to inspection and their role remains restricted to the amicable resolution of disputes, which is however considered to be a subsidiary role by the Government.

The Committee reiterates that the technical memorandum of 2004, which recommended speeding up the process for the adoption for the new Labour Code and the decrees necessary for its implementation, also provided for thorough restructuring with technical support from the ILO for strengthening the capacities of all labour administration staff, particularly labour inspectors, in cooperation with the ILO and the African Regional Centre for Labour Administration (CRADAT). The memorandum also considered that it was necessary to draw up files on enterprises backed up by statistical documentation made available to the inspectorate so that inspection staff could enter the required information. It also recommended that inspection methods should be defined for labour inspectors using standardized documentation so as to facilitate and ensure uniformity of investigation techniques, and in particular to gather all information likely to be of interest to all labour administration bodies. The specialization of certain employees in a number of areas and the ongoing redeployment of other employees were considered necessary to cope with rapid change in the world of work and with the emergence of certain epidemics in workplaces. The establishment of a database referring in particular to industrial accidents and cases of occupational disease was also highly recommended.

Noting that the new Labour Code has not yet been adopted, but that it is planned to include provisions establishing heavier penalties for persons obstructing inspectors in the performance of their duties, the Committee can only encourage such an initiative and hope that the definitive text will soon be adopted.

The Committee also notes the Government’s announcement of the preparation of draft conditions of service for labour inspectors and hopes that information on progress made on this draft will soon be sent to the Office. However, it considers that such legislative measures can only have an impact in practice if inspectors can ensure the effective discharge of all the duties defined by Article 3 of the Convention by inspecting the workplaces under their supervision as often as is necessary to ensure the enforcement of the legal provisions relating to conditions of work and the protection of workers while engaged in their work. However, such coverage cannot be ensured if workplaces liable to inspection have not been identified by the inspection services. The allocation of resources to this end is essential, with funding being sought not only from national financial authorities, but also though international cooperation. The above memorandum, together with up to date information on the actual situation and the difficulties facing labour inspection, might constitute effective arguments in this respect.

The Committee therefore urges the Government to promote, in accordance with Article 5(a), effective cooperation between the labour inspectorate and other competent government bodies (including the tax authorities and social insurance funds) for drawing up a list of workplaces liable to inspection, with an entry in a register indicating at least their geographical location, the branch of activity, the number and categories of workers employed there, and also disaggregation of the latter information by gender.

The availability of a register of enterprises that is regularly updated should allow the central inspection authority to fix priorities for action to ensure, as a minimum, the protection of the most vulnerable workers or those most exposed to occupational hazards and to defend its requirements in human, material and logistical resources on the basis of relevant data from national and international financial authorities, so that an adequate budget can be allocated to them, in so far as national conditions permit. A programme of inspections could be drawn up according to the available resources for each labour inspection structure, and periodic reports on inspections, as provided for by Article 19, could be sent to the central authority for the production of the annual report required by Articles 20 and 21. Such a report would inform the social partners, the other government bodies concerned and the ILO supervisory bodies of the progress made and the shortcomings of the labour inspection system so they can provide their opinions for its improvements.

The Committee hopes that the Government will be able to provide information in its next report on specific measures taken to reinforce the resources, organization and working of the labour inspection system. It trusts that, in the first place, it will be able to provide information on targeted measures for promoting effective cooperation between the inspection services and other government services or public and private institutions for the purpose of the application of the Convention, particularly for the establishment of a register of workplaces liable to inspection under the present Convention (Article 2, paragraphs 1 and 10(a)(i) and (ii)), and on measures taken to increase the number of men and women labour inspectors and to reinforce their training during employment (Articles 7 and 10), particularly within the labour section of the National School of Administration and Magistracy, the establishment of which has been announced by the Government.

The Committee hopes that the Government will not fail to indicate the steps taken at the national level and in the framework of international financial cooperation to obtain resources for these purposes, and also the results thereof.

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

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

Scope of the ILO/ADMITRA project for the modernization of the labour administration and inspectorate. With reference to its previous comments focusing on the inadequacy of labour inspectors’ conditions of work, particularly the lack of reimbursement of their travelling expenses, the Committee notes that the Government has not supplied the information requested on the measures taken to seek, in the context of bilateral or international financial cooperation, the funds needed to improve the practical situation of the labour inspectorate. In response to this specific request from the Committee, the Government refers to the launching of the ILO/ADMITRA project. However, the Committee observes that the objective of this project, which covers seven French-speaking African countries, is not to assist in the search for the resources required for the functioning of labour administration structures, but to provide technical support for governments, mainly in the following three areas:

1.     Initial and further training for managers and employees in the administration and the labour inspectorate.

2.     Modernization of labour tools and organizational methods.

3.     Strengthening cooperation between the structures comprising the labour administration system (labour, employment, social security, vocational training), on the one hand, and between the labour administration and other administrations operating in related areas (justice, finance, health, etc.), on the other.

With reference to its general observation of 2007 inviting member States which have ratified Conventions on labour inspection to take measures enabling effective cooperation between the labour inspection system and the judicial authorities, the Committee notes with interest that an official from the Directorate-General of Labour and a member of the labour tribunal participated in the subregional workshop on the relations between the labour administration and the labour courts, held in the context of the above project from 8 to 10 May 2008 in Dakar. While noting that cooperation between the labour administration and the judicial system was already advocated in an ILO technical memorandum of 2004 to the Government concerning the reinforcement of labour administration, the Committee hopes that the information provided at this workshop and the fruitful exchanges it produced between participants representing the countries of the subregion will give rise to action and that information on the implementation of the recommended measures will soon be sent to the Office.

Deficiencies in the labour inspection system. Need for urgent financial and organizational measures for improvements relating to the inspection of conditions of work. The Committee notes that, although the labour legislation referred to by the Government under each of the Articles of the Convention may appear to a large extent compatible with the requirements of the Convention, its first report to the ILO on the application of the Labour Administration Convention, 1978 (No. 150), shows that the operation of labour inspection suffers from serious deficiencies. The Government states that the Directorate of Labour and Social Security – which is responsible for the enforcement of labour legislation though its labour inspection structures – does not have its own budget line and the special status of officials and employees of the labour administration was repealed by Act No. 99/016 of 19 July 1999 issuing the general public service regulations. Moreover, no labour administrator has been recruited since. This information is a cause for concern. It seems to imply that, for nearly ten years, labour inspectors have no longer enjoyed the guarantees provided for by Article 6 of the Convention with regard to conditions of service. Furthermore, information available to the ILO shows that successive measures have been adopted to reduce the salaries of all officials pursuant to the financial legislation in force in recent years. As regards the conditions for the performance of their duties, the Committee notes that there has been no improvement, as inspectors are still obliged to pay for their travelling expenses “out of their own pockets”, the expression used by the Government itself. Even though, in legal terms, no enterprise is exempt from inspection, inspection visits are rare and inspection reports non-existent, as indicated by the Government in its report on the application of Convention No. 150. Inspectors are therefore far removed from the establishments liable to inspection and their role remains restricted to the amicable resolution of disputes, which is  however considered to be a subsidiary role by the Government.

The Committee reiterates that the technical memorandum of 2004, which recommended speeding up the process for the adoption for the new Labour Code and the decrees necessary for its implementation, also provided for thorough restructuring with technical support from the ILO for strengthening the capacities of all labour administration staff, particularly labour inspectors, in cooperation with the ILO and the African Regional Centre for Labour Administration (CRADAT). The memorandum also considered that it was necessary to draw up files on enterprises backed up by statistical documentation made available to the inspectorate so that inspection staff could enter the required information. It also recommended that inspection methods should be defined for labour inspectors using standardized documentation so as to facilitate and ensure uniformity of investigation techniques, and in particular to gather all information likely to be of interest to all labour administration bodies. The specialization of certain employees in a number of areas and the ongoing redeployment of other employees were considered necessary to cope with rapid change in the world of work and with the emergence of certain epidemics in workplaces. The establishment of a database referring in particular to industrial accidents and cases of occupational disease was also highly recommended.

Noting that the new Labour Code has not yet been adopted, but that it is planned to include provisions establishing heavier penalties for persons obstructing inspectors in the performance of their duties, the Committee can only encourage such an initiative and hope that the definitive text will soon be adopted.

The Committee also notes the Government’s announcement of the preparation of draft conditions of service for labour inspectors and hopes that information on progress made on this draft will soon be sent to the Office. However, it considers that such legislative measures can only have an impact in practice if inspectors can ensure the effective discharge of all the duties defined by Article 3 of the Convention by inspecting the workplaces under their supervision as often as is necessary to ensure the enforcement of the legal provisions relating to conditions of work and the protection of workers while engaged in their work. However, such coverage cannot be ensured if workplaces liable to inspection have not been identified by the inspection services. The allocation of resources to this end is essential, with funding being sought not only from national financial authorities, but also though international cooperation. The above memorandum, together with up to date information on the actual situation and the difficulties facing labour inspection, might constitute effective arguments in this respect.

The Committee therefore urges the Government to promote, in accordance with Article 5(a), effective cooperation between the labour inspectorate and other competent government bodies (including the tax authorities and social insurance funds) for drawing up a list of workplaces liable to inspection, with an entry in a register indicating at least their geographical location, the branch of activity, the number and categories of workers employed there, and also disaggregation of the latter information by gender.

The availability of a register of enterprises that is regularly updated should allow the central inspection authority to fix priorities for action to ensure, as a minimum, the protection of the most vulnerable workers or those most exposed to occupational hazards and to defend its requirements in human, material and logistical resources on the basis of relevant data from national and international financial authorities, so that an adequate budget can be allocated to them, in so far as national conditions permit. A programme of inspections could be drawn up according to the available resources for each labour inspection structure, and periodic reports on inspections, as provided for by Article 19, could be sent to the central authority for the production of the annual report required by Articles 20 and 21. Such a report would inform the social partners, the other government bodies concerned and the ILO supervisory bodies of the progress made and the shortcomings of the labour inspection system so they can provide their opinions for its improvements.

The Committee hopes that the Government will be able to provide information in its next report on specific measures taken to reinforce the resources, organization and working of the labour inspection system. It trusts that, in the first place, it will be able to provide information on targeted measures for promoting effective cooperation between the inspection services and other government services or public and private institutions for the purpose of the application of the Convention, particularly for the establishment of a register of workplaces liable to inspection under the present Convention (Article 2, paragraphs 1 and 10(a)(i) and (ii)), and on measures taken to increase the number of men and women labour inspectors and to reinforce their training during employment (Articles 7 and 10), particularly within the labour section of the National School of Administration and Magistracy, the establishment of which has been announced by the Government.

The Committee hopes that the Government will not fail to indicate the steps taken at the national level and in the framework of international financial cooperation to obtain resources for these purposes, and also the results thereof.

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

Material means for labour inspection: Funding and technical assistance. The Committee notes that the Government’s report contains no information on any steps taken to provide labour inspectors with the necessary means to carry out their duties. It notes once again with concern that their transport expenses are still not reimbursed by the Government, and that, due to the lack of transport facilities, labour inspectors devote most of their working time to resolving industrial disputes. With reference to the Government’s previous report, the Committee would be grateful if the Government would indicate the steps taken, if any, to obtain the desired assistance from the ILO and from any donor country, where appropriate, in the context of international financial cooperation, to enhance the functioning of the labour inspection system.

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

Material resources for inspection. The Committee notes the brief indications provided by the Government in reply to its previous comments. It notes with concern the Government’s confirmation that it still does not pay the travel expenses of labour inspectors and that, due to the lack of transport facilities, labour inspectors devote more of their time to resolving disputes than inspecting enterprises. The Committee trusts that the Government will take the necessary measures in the near future to furnish labour inspectors with the material resources and transport facilities necessary for the performance of their duties (Article 11 of the Convention), so that workplaces are inspected as often and as thoroughly as is necessary to ensure the effective application of the legal provisions relating to conditions of work and the protection of workers (Article 16). It hopes that, where necessary, international cooperation and ILO technical support will be able to facilitate the more effective application of this priority Convention. The Committee requests the Government to describe in its next report of the measures adopted for this purpose.

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

Also referring to it observation, the Committee notes that the Government’s report has not been received. It must therefore repeat its previous direct request, which read as follows:

Also referring to its observation, the Committee notes, in reply to its previous comments, that under the terms of sections 154 and 155(1) of the Labour Code, labour inspectors exercise their initiative with regard to their visits and investigations within the framework of the labour and social security legislation and, as such, are free to organize their work. Further to the information provided by the Government in a previous report, the Committee requests it to provide indications, firstly, on the volume of work discharged by labour inspectors for the settlement of labour disputes and, secondly, on the nature and volume of the administrative functions that are entrusted to them.

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

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 the Government’s reports and the attached documentation. It also notes the observations made by the Christian Confederation of Workers of the Central African Republic (CCCT), of 26 August 2002, received by the Office on 22 October 2002, concerning the lack of facilities of the labour inspection services which are necessary to discharge their duties. The Committee requests the Government to provide information on the issue raised by the CCCT and additional information on the following points.

Articles 10, 11 and 16 of the Convention. The Committee notes with interest the recruitment of ten new labour inspectors, including one occupational medicine inspector and 11 labour supervisors. It also notes that the building housing the offices of the labour inspection services in Bangui Centre has been rehabilitated. However, the Committee notes with concern the repeated indications by the Government drawing attention to the lack of material resources of the labour inspection services and, in particular, the shortage of office supplies and the absence of transport facilities. Furthermore, no measures have been taken, as required by Article 11, paragraph 2, for the reimbursement to labour inspectors of any travelling and incidental expenses necessary for the performance of their duties. These shortcomings, in practice, by the Government’s own admission, constitute serious obstacles to the application of the Convention. The economic and social value of labour inspection and the social costs of reducing its effectiveness have been emphasized by the Committee in paragraph 214 of its 1985 General Survey on labour inspection. Noting that the Labour Department is prepared to accept any financial and material support in order to overcome this situation, the Committee trusts that the Government will make every effort to obtain assistance through international cooperation and with the technical support of the ILO with a view to fulfilling the essential prerequisites for the application of the Convention. The Committee hopes that the Government will provide information in the near future on any measures taken for this purpose, and the results achieved.

Articles 20 and 21. The Committee notes with regret that 38 years after the ratification of the Convention, no annual inspection report, as envisaged by these Articles of the Convention, has been provided to the ILO. The Committee recalls that the publication by the central inspection authority and the communication to the ILO of a report on the activities of the services under its control are two essential obligations and that the ILO’s technical assistance may be requested with a view to their fulfilment. The Government is therefore requested to make every effort and to take all the necessary steps to give effect to the two above provisions of the Convention and to provide information on the measures taken for this purpose.

The Committee is addressing a request directly to the Government on another point.

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

Also referring to its observation, the Committee notes, in reply to its previous comments, that under the terms of sections 154 and 155(1) of the Labour Code, labour inspectors exercise their initiative with regard to their visits and investigations within the framework of the labour and social security legislation and, as such, are free to organize their work. Further to the information provided by the Government in a previous report, the Committee requests it to provide indications, firstly, on the volume of work discharged by labour inspectors for the settlement of labour disputes and, secondly, on the nature and volume of the administrative functions that are entrusted to them.

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

The Committee notes the Government’s reports and the attached documentation. It also notes the observations made by the Christian Confederation of Workers of the Central African Republic (CCCT), of 26 August 2002, received by the Office on 22 October 2002, concerning the lack of facilities of the labour inspection services which are necessary to discharge their duties. The Committee requests the Government to provide information on the issue raised by the CCCT and additional information on the following points.

Articles 10, 11 and 16 of the Convention. The Committee notes with interest the recruitment of ten new labour inspectors, including one occupational medicine inspector and 11 labour supervisors. It also notes that the building housing the offices of the labour inspection services in Bangui Centre has been rehabilitated. However, the Committee notes with concern the repeated indications by the Government drawing attention to the lack of material resources of the labour inspection services and, in particular, the shortage of office supplies and the absence of transport facilities. Furthermore, no measures have been taken, as required by Article 11, paragraph 2, for the reimbursement to labour inspectors of any travelling and incidental expenses necessary for the performance of their duties. These shortcomings, in practice, by the Government’s own admission, constitute serious obstacles to the application of the Convention. The economic and social value of labour inspection and the social costs of reducing its effectiveness have been emphasized by the Committee in paragraph 214 of its 1985 General Survey on labour inspection. Noting that the Labour Department is prepared to accept any financial and material support in order to overcome this situation, the Committee trusts that the Government will make every effort to obtain assistance through international cooperation and with the technical support of the ILO with a view to fulfilling the essential prerequisites for the application of the Convention. The Committee hopes that the Government will provide information in the near future on any measures taken for this purpose, and the results achieved.

Articles 20 and 21. The Committee notes with regret that 38 years after the ratification of the Convention, no annual inspection report, as envisaged by these Articles of the Convention, has been provided to the ILO. The Committee recalls that the publication by the central inspection authority and the communication to the ILO of a report on the activities of the services under its control are two essential obligations and that the ILO’s technical assistance may be requested with a view to their fulfilment. The Government is therefore requested to make every effort and to take all the necessary steps to give effect to the two above provisions of the Convention and to provide information on the measures taken for this purpose.

The Committee is addressing a request directly to the Government on another point.

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

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 reads as follows:

Article 3(2) of the Convention.  The Committee notes that labour inspectors, who are authorized to perform inspection duties in all public, semi-public and private institutions, are also responsible for conciliation in collective labour disputes (compulsory conciliation) and individual disputes (optional conciliation). Referring also to its observation under the Convention and to paragraphs 99-102 of its 1985 General Survey on labour inspection, the Committee requests the Government to indicate the measures taken or planned so as to ensure that the conciliation activities of labour inspectors do not interfere with the effective discharge of their primary duties or prejudice in any way the authority and impartiality which are necessary to inspectors in their relations with employers and workers.

Articles 20 and 21.  The Committee notes that an annual inspection report containing information on the subjects referred to in Article 21 of the Convention has not yet been communicated to the Office. It hopes that the Government will take the desired measures in order to communicate such a report in conformity with Article 20 of the Convention. Referring also to the general observation it made in 1996 under the Convention relating to the practical guidelines for the collection, recording and communication of reliable data on occupational accidents and diseases contained in the 1996 ILO publication entitled Recording and notification of occupational accidents and diseases, the Committee hopes that the Government will provide information on the progress made in this respect.

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

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation on the following points:

Articles 10, 11 and 16 of the Convention.  In its previous comments, the Committee noted the inadequacy of the number of inspectors and the precarious nature of the material conditions for carrying out inspection duties (fire and the failure to rebuild the Regional Labour Inspectorate in Bangui; lack of vehicles available to the Labour Directorate General giving rise to a lack of efficiency in regional inspections; shortage of supplies and equipment; failure to reimburse travelling expenses to inspectors).

The Committee again expresses the hope that the Government will take the necessary measures so that labour inspection duties can be performed by making available the necessary resources and so that workplaces can be inspected as often and as thoroughly as is required. The Committee is addressing a request directly to the Government concerning the application of Articles 3(2); 20 and 21 of the Convention.

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

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

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:

Article 3, paragraph 2, of the Convention. The Committee notes that labour inspectors, who are authorized to perform inspection duties in all public, semi-public and private institutions, are also responsible for conciliation in collective labour disputes (compulsory conciliation) and individual disputes (optional conciliation). Referring also to its observation under the Convention and to paragraphs 99-102 of its 1985 General Survey on labour inspection, the Committee requests the Government to indicate the measures taken or planned so as to ensure that the conciliation activities of labour inspectors do not interfere with the effective discharge of their primary duties or prejudice in any way the authority and impartiality which are necessary to inspectors in their relations with employers and workers.

Articles 20 and 21. The Committee notes that an annual inspection report containing information on the subjects referred to in Article 21 of the Convention has not yet been communicated to the Office. It hopes that the Government will take the desired measures in order to communicate such a report in conformity with Article 20 of the Convention. Referring also to the general observation it made in 1996 under the Convention relating to the practical guidelines for the collection, recording and communication of reliable data on occupational accidents and diseases contained in the 1996 ILO publication entitled Recording and notification of occupational accidents and diseases, the Committee hopes that the Government will provide information on the progress made in this respect.

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

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation on the following matters.

Articles 10, 11 and 16 of the Convention. In its previous comments, the Committee noted the inadequacy of the number of inspectors and the precarious nature of the material conditions for carrying out inspection duties (fire and the failure to rebuild the Regional Labour Inspectorate in Bangui; lack of vehicles available to the Labour Directorate General giving rise to a lack of efficiency in regional inspections; shortage of supplies and equipment; failure to reimburse travelling expenses to inspectors).

The Committee again expresses the hope that the Government will take the necessary measures so that labour inspection duties can be performed by making available the necessary resources and so that workplaces can be inspected as often and as thoroughly as is required. The Committee is addressing a request directly to the Government concerning the application of Articles 3, paragraph 2; 20 and 21 of the Convention.

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)

Article 3, paragraph 2, of the Convention. The Committee notes that labour inspectors, who are authorized to perform inspection duties in all public, semi-public and private institutions, are also responsible for conciliation in collective labour disputes (compulsory conciliation) and individual disputes (optional conciliation). Referring also to its observation under the Convention and to paragraphs 99-102 of its 1985 General Survey on labour inspection, the Committee requests the Government to indicate the measures taken or planned so as to ensure that the conciliation activities of labour inspectors do not interfere with the effective discharge of their primary duties or prejudice in any way the authority and impartiality which are necessary to inspectors in their relations with employers and workers.

Articles 20 and 21. The Committee notes that an annual inspection report containing information on the subjects referred to in Article 21 of the Convention has not yet been communicated to the Office. It hopes that the Government will take the desired measures in order to communicate such a report in conformity with Article 20 of the Convention. Referring also to the general observation it made in 1996 under the Convention relating to the practical guidelines for the collection, recording and communication of reliable data on occupational accidents and diseases contained in the 1996 ILO publication entitled Recording and notification of occupational accidents and diseases, the Committee hopes that the Government will provide information on the progress made in this respect.

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

Articles 10, 11 and 16 of the Convention. In its previous comments, the Committee noted that labour inspection duties were being performed in difficult material conditions and that inspectors had neither suitable offices nor transport facilities available to them. The Committee notes the information communicated by the Government in its report stating that the number of inspectors was insufficient to discharge effectively the duties entrusted to them. The Committee also notes the precarious nature of the material conditions for carrying out inspection duties (fire and the failure to rebuild the Regional Labour Inspectorate in Bangui; lack of vehicles available to the Labour Directorate General giving rise to a lack of efficiency in regional inspections; shortage of supplies and equipment; failure to reimburse travelling expenses to inspectors).

The Committee hopes that the Government will take the necessary measures so that labour inspection duties can be performed by making available the necessary resources and so that workplaces can be inspected as often and as thoroughly as is required. The Committee is addressing a request directly to the Government concerning the application of Articles 3, paragraph 2, 20 and 21 of the Convention.

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

The Committee notes the information contained in the Government's reports for the periods ending respectively 30 June 1994 and 30 June 1995. It notes that the labour inspectorate, which has a staff of 37 labour inspectors, eight labour supervisors and a principal labour clerk, in addition to supporting personnel (Article 10 of the Convention), has to operate under difficult material conditions as a result of which labour inspectors are not provided with suitably equipped offices or the transport facilities necessary for the performance of their duties. However, the reimbursement of the travelling expenses of inspectors should be considered in a forthcoming revision of the Labour Code (Article 11). The Committee hopes that the Government will take the necessary measures to ensure that the inspection service operates as well as possible, particularly by taking advantage of the seminars, meetings and further training courses organized by the National School of Administration and the Magistrature and the African Regional Labour Administration Centre, so that workplaces are inspected as often and as thoroughly as is necessary (Article 16). Furthermore, the Committee would be grateful if the Government would indicate in its next report the significance of the other duties entrusted to labour inspectors in comparison with their primary inspection duties (Article 3, paragraph 2).

The Committee notes that no annual inspection report, containing full data on the matters referred to in Article 21 of the Convention, has yet been transmitted to the Office. It hopes that the Government will take all the necessary measures to transmit such a report in accordance with Article 20 of the Convention.

Observation (CEACR) - adopted 1994, published 81st ILC session (1994)

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

Articles 10, 11, paragraphs 1(b) and 2, and 16 of the Convention. Further to its previous observations, the Committee notes that in general the labour inspectorate lacks both the transport and the personnel necessary to discharge its duties effectively. It notes with regret that due to budgetary restrictions the draft designed to ensure the reimbursement of travelling expenses of labour inspectors has not yet been adopted, and the vehicles previously made available have been withdrawn. The Committee hopes the Government will indicate what steps are being taken or envisaged to ensure that workplaces are inspected as often and as thoroughly as necessary. Articles 20 and 21. The Committee notes that despite earlier statements by the Government no annual labour inspection reports have been supplied as required by the Convention. It hopes the Government will shortly take the necessary measures so that annual labour inspection reports containing detailed information on all the subjects listed in Article 21 will be published and transmitted to the Office within the time laid down in Article 20.

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

Articles 10, 11, paragraphs 1(b) and 2, and 16 of the Convention. Further to its previous observations, the Committee notes that in general the labour inspectorate lacks both the transport and the personnel necessary to discharge its duties effectively. It notes with regret that due to budgetary restrictions the draft designed to ensure the reimbursement of travelling expenses of labour inspectors has not yet been adopted, and the vehicles previously made available have been withdrawn. The Committee hopes the Government will indicate what steps are being taken or envisaged to ensure that workplaces are inspected as often and as thoroughly as necessary.

Articles 20 and 21. The Committee notes that despite earlier statements by the Government no annual labour inspection reports have been supplied as required by the Convention. It hopes the Government will shortly take the necessary measures so that annual labour inspection reports containing detailed information on all the subjects listed in Article 21 will be published and transmitted to the Office within the time laid down in Article 20.

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

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

Article 11, paragraphs 1(b) and 2, of the Convention. Further to its previous observations, the Committee notes the information provided by a Government representative to the 77th Session of the Conference, as to the difficulty in reimbursing travelling expenses to labour inspectors due to restrictions imposed by the international monetary institutions. Inspectors had had transport difficulties, but now all provincial labour inspectors have been provided with vehicles. The Committee once again expresses the hope that the draft designed to ensure the allocation of an additional allowance in this respect will be adopted and that the Government will provide full information on this matter. Articles 20 and 21. The Committee notes that measures have been taken to establish monthly and annual labour reports and as of 1991 a summary of labour inspection reports will be sent to the Office in conformity with the provisions of the Convention. It hopes that in future annual inspection reports containing detailed information on all the subjects listed in Article 21 will be published and transmitted to the Office within the time laid down in Article 20.

Observation (CEACR) - adopted 1991, published 78th ILC session (1991)

Article 11, paragraphs 1(b) and 2, of the Convention. Further to its previous observations, the Committee notes the information provided by a Government representative to the 77th Session of the Conference, as to the difficulty in reimbursing travelling expenses to labour inspectors due to restrictions imposed by the international monetary institutions. Inspectors had had transport difficulties, but now all provincial labour inspectors have been provided with vehicles. The Committee once again expresses the hope that the draft designed to ensure the allocation of an additional allowance in this respect will be adopted and that the Government will provide full information on this matter.

Articles 20 and 21. The Committee notes that measures have been taken to establish monthly and annual labour reports and as of 1991 a summary of labour inspection reports will be sent to the Office in conformity with the provisions of the Convention. It hopes that in future annual inspection reports containing detailed information on all the subjects listed in Article 21 will be published and transmitted to the Office within the time laid down in Article 20.

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

Article 11, paragraph 2, of the Convention. With reference to its previous comments, the Committee notes from the Government's report that a draft text is to be prepared to ensure that labour inspectors are reimbursed for any travelling and incidental expenses which may be necessary for the performance of their duties. The Committee hopes that this text will be adopted shortly and asks the Government to include information on any progress made in this respect in its next report.

Articles 20 and 21. In the comments it has been making since the ratification of the Convention, the Committee has drawn the Government's attention to the obligation to publish and transmit to the ILO, in accordance with the provisions of Article 20, annual general reports on the work of the inspection services containing, in particular, detailed information on all the subjects listed in Article 21. While noting the Government's statement that all the necessary arrangements have been made for such reports to be transmitted regularly to the ILO, the Committee notes with regret that no reports have yet been received. It trusts that, in future, annual inspection reports will be published and transmitted to the ILO within the time-limits laid down in Article 20. [The Government is asked to supply full particulars to the Conference at its 77th Session.]