Observation (CEACR) - adoptée 1992, publiée 79ème session CIT (1992)

1. Further to its previous observations, the Committee has noted the information concerning labour inspections provided by the Government in its report, as well as in the Conference Committee in 1990 and 1991. In particular, it notes with interest the document concerning restructuring of the inspectorate prepared with the cooperation of the regional labour administration centre of the ILO. At the same time, it notes that the proposed revision of the Labour Code's provisions on labour administration is not yet ready for submission to the Congress; and that, pending the allocation of funds, the Civil Service Act (No. 14-91) is not applicable to the labour inspectorate. In view of the concern expressed in the Conference Committee at the failure since 1953 to take the necesary legislative steps to apply the Convention, the Committee once again urges the Government to ensure that the organisation, status and functions of the labour inspectorate are duly legislated to enable compliance in particular with Articles 4, 5 and 6 of the Convention.

2. The Committee notes that Circular No. 17/91 instructs inspectors to take immediate executory measures in accordance with the legislation and international provisions. It recalls the earlier more formal legislation drafted in this respect and would be grateful if the Government would clarify whether inspectors are now fully empowered to deal with the cases of imminent danger foreseen in Article 13(2)(b) or (3).

3. The Committee again recalls that there is no provision for the inspectorate to be notified of occupational diseases. Although the Government expresses no intention in this regard, the Committee hopes steps will now be taken to ensure the observance of Article 14.

4. The Committee notes the summary information on inspection activities from 1983 to 1991 provided in the report. This unfortunately does not enable an appreciation of the manner in which the Convention is applied, with regard more especially to the adequacy of inspection staff (Article 10) and the regularity and thoroughness of inspection visits throughout the country (Article 16). Nor is there any indication that the information has been published. The Committee once more recalls the importance of regular compilation and publication of inspection reports, including details of inspection activities, in accordance with Articles 20 and 21. It hopes that, perhaps with the further technical cooperation of the Office to which the Government refers, the technical and material difficulties mentioned will be overcome; and that the Government will provide full details.