Demande directe (CEACR) - adoptée 1995, publiée 83ème session CIT (1996)

The Committee notes the Government's reports and the statistical information contained therein. The Committee also notes with interest that Act No. 5 of 1995 on a new Labour Code has been adopted. It considers that the new Code will necessitate a more detailed examination by the Committee at its next session. The Committee would be grateful if, in the meantime, the Government would provide more particulars on the points raised below.

Article 5 of the Convention. The Committee notes from the Government's reply to its previous comments that there is indeed cooperation between government services even if it is not in the required form, but that the Government is endeavouring to take the necessary measures to ensure cooperation between the inspection service and government administrations and public or private establishments engaged in similar activities. The Committee refers to the explanations provided in paragraphs 121-123 and 127-135 of its General Survey on labour inspection of 1985 and wishes to underline the importance it attaches to such cooperation not only between the different inspection services but also between the inspection services and other institutions engaged in similar activities. It hopes measures will be taken to promote such effective cooperation and thus ensure a better implementation of this provision of the Convention.

Article 6. Further to its previous comments regarding measures to ensure that the inspection staff are adequately paid and sufficiently independent of improper external influences including from employers concerned, the Committee would be grateful if the Government would indicate whether the following laws and regulations are still in force:

(a) sections 30, 31 (and the texts of regulations by which any system of allowances may have been established based on section 31) and 32 of Law No. 49 of 1977 regarding the Public Service, and whether this Law is applicable to the inspection staff; and

(b) section 36 of Ministerial Order No. 17 of 1974 regarding the system of inspection in industry and commerce.

If these texts have been replaced please provide copies of the new laws or regulations.

Articles 7, 8, 10, 11 and 16. Further to its previous comments, the Committee notes the information that the present situation does not permit the Government to provide the labour inspectorate with qualified inspectors (Article 7), in adequate numbers to enable it to discharge its duties (Articles 10 and 16), suitably equipped offices including typewriters and direct telephone lines (Article 11(a)), and means of transportation for inspectors (Article 11(b)). The Committee notes however with interest the information that the Government is in the process of establishing an inspectorate and that when the circumstances improve in future it will take the necessary measures to meet the requirements of these provisions of the Convention. The Committee reiterates its hope that the Government will soon be in a position to take these measures.

Article 12. Further to its previous comments regarding labour inspectors being prevented from visiting oil companies, the Committee notes the information that, according to the provisions in the national legislation, inspectors are provided with proper credentials to be able to visit all workplaces liable to inspection. It also notes that the Central Labour Inspection Administration has sent a note to the Oil and Mineral Prospection Authority seeking cooperation in the field of inspection and that they are currently preparing a document to this effect. Please provide full particulars on the progress made in this regard.

Articles 19, 20 and 21. Further to its previous comments, the Committee notes the preliminary statistical information contained in the Government's report and the information that the Government is currently preparing an annual inspection report for 1994 that contains all the particulars listed in Article 21 of the Convention. The Committee trusts that such annual inspection reports will be published and transmitted within the time-limits laid down by Article 20. It reiterates its hope that the technical assistance sought and obtained from the Office to restructure and reorganize the Labour Ministry and the Labour Administration services will lead to a better implementation of the provisions of the Convention.