Observación (CEACR) - Adopción: 2003, Publicación: 92ª reunión CIT (2004)

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

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

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

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

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

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

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