Observación (CEACR) - Adopción: 2004, Publicación: 93ª reunión CIT (2005)

The Committee notes the information provided in reply to its previous comments, and the attached documentation.

1. Modernization and strengthening of the inspection system. The Committee notes with interest that, following the finalization in June 2003 of the technical assistance for the modernization and strengthening of the labour administration system in the context of the ILO/MATAC project, technical assistance focusing on the formulation and establishment of a polyvalent and unified inspection service was obtained from the Department of Labour of the United States (USDOL). This assistance is intended to improve the inspection system by extending its coverage, particularly through staff training and the development of material resources. The Government adds that a preliminary framework Bill of the Secretariat of State for Labour and Social Security, containing provisions respecting the structure and operation of the polyvalent inspection system, has been submitted for adoption to the National Congress.

The Committee also notes with interest the action taken under the auspices of the Inter-American Agency for Cooperation and Development (IACD) and the Organization of American States (OAS) with a view to strengthening inspection through the training of labour inspectors.

Further referring to the information provided previously concerning the actions planned in the context of the project for the reinforcement of labour rights in Central America (Centroamérica cumple y gana, 1998-2002), one of the objectives of which was to improve the effectiveness of inspection systems and the training of labour inspectors and to establish a system for the organization of data to accelerate the processing of inspection files, the Committee would be grateful if the Government would provide detailed information on the results achieved in the above fields. The Committee hopes that the Government will be in a position to provide information in its next report on the expected impact of the various measures referred to above on the improvement of the labour inspection system and the progress achieved in terms of effectiveness.

2. Conditions of service of labour inspectors and guarantees that they have no direct or indirect interest in the enterprises under their supervision (Articles 6 and 15(a) of the Convention). Taking the opportunity of the announcement by the Government of a draft revision of the Labour Code, the Committee once again emphasizes the need to take measures with a view to the adoption of legal provisions to secure for inspection staff status and conditions of service such as to assure them of independence of any improper external influences (Article 6) and prohibiting inspectors from having any direct or indirect interest in the enterprises under their supervision (Article 15(a)). The Government is requested to keep the Office informed of the progress in relation to the adoption of the new Labour Code and the progress achieved with a view to giving effect to these provisions, the objective of which is to guarantee the impartiality and integrity that are indissociable from the inspection function.

3. Publication, communication and content of the annual inspection report (Articles 20 and 21). With reference to its previous comments, the Committee draws the Government’s attention to paragraphs 272 et seq. of its General Survey of 1985 on the subject of the value at both the national and international levels of the annual inspection report and it once again hopes that the Government will soon be in a position, in the light of the clarifications offered by the General Survey, to ensure the publication and communication to the ILO by the central inspection authority of an annual report on the work of the services under its control in the form and within the time limits set out in Article 20, containing the information required in Article 21(a) to (g) and formulated insofar as possible in accordance with the guidance provided by Part IV of Recommendation No. 81, which supplements the Convention.

The Committee notes with interest that a number of labour inspectors participated in a training workshop on the subject of combating child labour. It notes the tables of inspections carried out in 2003 and 2004 with a view to identifying cases of child labour and the report on the cases identified in the various enterprises. The Government is requested to ensure that relevant data are regularly included in the annual inspection report.

The Committee is addressing a request directly to the Government on certain matters.