Demande directe (CEACR) - adoptée 1999, publiée 88ème session CIT (2000)

The Committee notes the information supplied by the Government in its report in reply to the Committee's previous comments.

Article 3 of the Convention. The Committee notes the intention expressed by the Government to make supplementary efforts with a view to improving training and use of human resources and to increase the labour inspectorate's material and logistical resources. It also notes that there has been a campaign to make the social partners aware of the need to guarantee the impartiality of labour inspectors. The Committee notes, moreover, that the labour inspectors devote a large part of their work programme to settling labour disputes and hopes earnestly that one of the effects of the abovementioned campaign will be to emphasize the need to envisage cutting down on the labour inspectors' tasks so that their expertise and energy are better employed in performing their primary duties as defined in this Article of the Convention. The Committee would be grateful if the Government would communicate information on the effects of this campaign in general, as well as of any measures taken, in particular, to ensure a balance between the labour inspectors' primary duties and those which should be of a secondary nature under this provision of the Convention.

Article 2, paragraph 2, and Article 5. Noting that the labour inspectorate covers undertakings belonging to all occupation branches, including mines, the Committee notes that the Ministry of Natural Resources responsible for mining is envisaging the establishment of a structure responsible for mining safety within its general mines inspectorate and that, on their side, certain mining undertakings (CBG and FRIGUI) have the structures and trained staff for the prevention of occupational risks and provide training for labour inspectors, while the National Social Security Scheme also plays a role in the recording and management of occupational accidents. The Committee would be grateful if the Government would keep the Office informed of the progress in the project for establishing a structure for mine safety and would also supply more detail on the current distribution of competence between the general labour inspectorate and other structures exercising similar activities in regard to supervising compliance with labour legislation. It requests the Government in addition to indicate the measures taken or envisaged to give effect to the provisions of Article 5, paragraphs 1 and 2.

Article 9. The Committee notes that, although there is no text on the appointment of medical labour inspectors, the multifaceted nature of labour inspections means that they are frequently carried out by labour inspectors and occupational health physicians as well as by consultations among them in regard to decisions relating to workers' health. In addition, the use of common training facilities such as seminars and workshops, in particular sponsored by the ILO, encourages communication between labour inspectors and occupational health physicians. In this context, the Committee refers to paragraph 222 of its 1985 General Survey on labour inspection in which it points out the importance of the optimal management of technical specializations required for, and available to, labour inspection services as a key factor in determining their effectiveness. In paragraph 224 of the Survey, the Committee refers to the case of countries facing material and technical difficulties and mentions the benefit of resorting to international help and to the continuing ILO technical cooperation programmes on the subject. The Committee would be grateful if the Government would indicate whether, as laid down in Article 9, measures have been taken to ensure that duly qualified medical experts and specialists, including specialists in medicine, engineering, electricity and chemistry, are associated in the work of inspection; if not, it requests the Government to explain the nature of difficulties encountered in this regard and invites it, in any event, to envisage the possibility of calling on ILO technical assistance to remedy the matter.

Article 11. The Committee notes the information that a study conducted on the impact of structural adjustment measures on the social sector has resulted in the recommendation to use part of the resources engendered by improved public income for job creation and allocation of credits for the operation of administrations responsible for the social sector. The Committee requests the Government to provide statistical information on the measures taken pursuant to this recommendation in regard to the identification of needs and the subsequent determination of the budget allocated for labour inspection as well as on any progress observed.

Article 14. The Committee notes the information concerning industrial accidents and cases of occupational disease declared and notes that, according to the comments accompanying the statistical table extracted from the report of the National Social Security Scheme for 1995 and 1996, the population in the 30-to-35-year age range is the most exposed to occupational risks and that fatal accidents (for which no figures are given), occur in the construction and public works sectors and are linked to the use of moving and lifting equipment. The Committee trusts that the Government will not fail to reflect on the measures needed to prevent the risks run by the workers most affected in regard to the statistics and that it will supply information on the measures taken or envisaged for this purpose.

Articles 20 and 21. The Committee notes the information relating to Article 21(a), (b), (f) and (g). It reminds the Government once again that information on the subjects listed in this Article should be contained in an annual labour inspection report for which time limits for publication and communication to the ILO are set out in Article 20. It invites the Government to examine paragraphs 272 et seq. of its 1985 General Survey on labour inspection and requests it to take the necessary measures so that effect can be given to these provisions as soon as possible.