Observación (CEACR) - Adopción: 2008, Publicación: 98ª reunión CIT (2009)

The Committee notes the Government’s report for the period ending on 2 September 2007 containing information in response to its previous comments, and the attached documentation, including the following Orders recently issued by the Ministry of Social Affairs and Labour:

–      Order No. 460 of 2007 issuing implementing regulations for Act No. 56 of 2004 on labour inspection;

–           instructions of the Minister of Social Affairs and Labour on the settlement of labour disputes in agriculture contained in Circular No. PG/2/2093 of 26 February 2007;

–      Order No. 365 of 25 February 2007 establishing rules on prevention in agricultural processes, including the handling of hazardous substances;

–      Order No. 972 of 7 May 2006 defining light work which may be entrusted to minors over 15 years of age;

–      Order No. 973 of 7 May 2006 defining agricultural activities;

–      Order No. 974 of 7 May 2006 respecting accommodation requirements for agricultural workers;

–      Order No. 975 of 7 May 2006 specifying the cases in which agricultural workers may work temporarily for another agricultural employer;

–      Order No. 977 of 7 May 2006 specifying the cases in which the employer is required to provide accommodation for agricultural employees;

–      Order No. 978 of 7 May 2006 defining types of work that cause occupational diseases and requiring agricultural employers to ensure that workers performing these types of work undergo quarterly medical examinations (in particular, work related to the preparation and handling of pesticides and work that involves standing for more than five hours; exposure to ionizing radiations in modern agricultural technologies; exposure to diseased animals; allergy to straw, alfalfa and soil; exposure to chemicals and noise; the transport of heavy loads; and tasks involving exposure to repetitive strain injury);

–      Order No. 979 of 7 May 2006 on the requirement for agricultural employers employing more than 50 workers to make available to them a nurse, to be under the supervision of a doctor, and responsible for a first-aid kit;

–      Order No. 980 on the prohibition of night work for women; and

–      Order No. 981 on the period of day work in agricultural work.

Article 6, paragraph 1, and Articles 2, 12, 13, 14, 15, 16, 18, 21, 22, 23, 24 and 25 of the Convention. Enforcement of the legal provisions covered by the Convention and the prevention of violations. The Committee notes with interest the special regulations on working and living conditions in agricultural undertakings issued under Act No. 56 of 2004 on labour relations in the agricultural sector. It also notes with interest that many of these texts were adopted after consultation with the social partners concerned. Nevertheless, according to the Government, the budget for labour inspection in agriculture is still insufficient given the recent development of this area of inspection, and should be increased yearly. The circular of 26 April 2001, which the Committee welcomed in its previous observation, called upon the directors of social and labour affairs in the governorates to attach greater importance to labour inspection in agriculture to protect the rights of workers and employers, and promote occupational safety and health. However, the Government provides no information on its impact in practice. The Committee would be grateful if the Government would indicate whether additional human, material and logistical resources (such as transport facilities) have been allocated for the work of the inspectorate in the agricultural sector for the period covered by its next report. It would be grateful for details on inspection activities relating to the recently adopted legal provisions (preventive measures, such as information, advice, observations, warnings, injunctions, and default notices, and enforcement measures, including administrative penalties, fines and custodial sentences). It would be grateful if the Government would provide copies or extracts of periodical inspection reports, as prescribed in Article 25, and any documents of proceedings brought against agricultural employers for breaches of the law.

Further to its general observation of 2007, the Committee would be grateful if the Government would provide information on the measures taken to ensure support from judicial bodies for the work and objectives of the labour inspectorate and on the results achieved.

Protection of migrant workers. According to information available at the ILO on the conclusions of a mission to the country carried out from 14 to 17 December 2007 by the Bureau for Workers’ Activities (ACTRAV), with the participation of the ILO Regional Office, an agreement has been concluded to develop cooperation between the ILO and the International Confederation of Arab Trade Unions (ICATU) to address the challenges confronting Arab and Palestinian workers and promote decent work for all throughout the region. The Committee would be grateful if the Government would provide information on all developments in this area and to specify whether and how the recently adopted regulations referred to above on the living and working conditions of agricultural workers are applied to migrant workers in agriculture.

Articles 26 and 27. Annual inspection report. The Committee notes that, according to the Government, the report on the work of the labour inspectorate is forwarded to all concerned bodies in the country, international organizations and agricultural employers and their organizations. However, it observes that workers do not appear to be included among the recipients of the report, and that no report has been sent to the ILO since the report for 2003, which was received by the Office in 2005. The Committee accordingly reminds the Government of the requirement for the central inspection authority to publish an annual report within the time limits prescribed by Article 26, with the aim of making it available to all interested parties, including workers and their representatives. It also emphasizes the requirement set out in the same provision to communicate the report to the ILO and hopes that the next annual report will contain information on each of the subjects listed at Article 27, presented as far as possible in the manner indicated in Paragraph 9 of Recommendation No. 81.

With reference to its direct request of 2007 on the application of the Worst Forms of Child Labour Convention, 1999 (No. 182), the Committee hopes that the Government will ensure that the annual report on labour inspection in agriculture contains information on the child labour situation, the offences reported and the penalties applied to offenders.

Implementation of the Decent Work Country Programme (DWCP). Noting that the DWCP for the period 2008–10 gives priority to the implementation of strong labour inspection systems, in which the social partners are involved in developing the concept of an integrated labour inspectorate and defining appropriate cooperation mechanisms, the Committee requests the Government to keep the Office informed of progress in implementing this programme and of any difficulties encountered.