Observation (CEACR) - adoptée 2000, publiée 89ème session CIT (2001)

The Committee notes the Government’s report and the information provided in partial response to its previous comments. It draws the Government’s attention to shortcomings in the application of the Convention, particularly in relation to the following matters.

1.  Annual inspection reports and the central inspection authority.  The Committee notes the non-compliance by the central inspection authority with the obligation to prepare, publish and transmit to the ILO annual inspection reports, as envisaged in Articles 20 and 21 of the Convention. As a consequence, the Committee does not have at its disposition the information which is essential to assess the extent to which the Convention is applied in practice. Indeed, no figures are provided on the material and financial resources made available to the labour inspectorate, nor on the number and economic activities of the workplaces liable to inspection (Articles 10 and 11).

The Committee notes, on the one hand, that inspectorate units are attached to several government agencies, namely the Ministry of Public Works, the Department of Environmental Health, the Department of Labour and the National Insurance Board and, secondly, that each unit performs its duties independently and collaborates with other units; the Committee reminds the Government that, in accordance with Article 4(1), labour inspection shall be placed under the supervision and control of a central authority and it would be grateful if the Government would provide it with detailed information on the manner in which effect is given to this provision. In any event, the Committee hopes that the Government will not fail to take all appropriate measures rapidly to ensure that annual inspection reports, within the meaning of Articles 20 and 21, are published and transmitted regularly to the Office. In the meantime, it would be grateful if the Government would provide the information requested under Article 10 in the report form on the Convention, indicate the transport facilities made available to labour inspectors to ensure the mobility which is indispensable for the performance of their duties and supply information on the measures taken for the reimbursement of any travelling or incidental expenses.

2.  Recruitment, training and credibility of labour inspectors.  According to the information provided by the Government, inspection duties can be assigned to any official and no specific training is envisaged for this purpose. The Committee recalls that, in accordance with Article 7, labour inspectors shall be recruited with sole regard to their qualifications for the performance of their duties, on the bases of the qualifications determined by the competent authority (Article 7(1) and (2) and shall be adequately trained (Article 7(3); the Committee requests the Government to take measures rapidly for the determination, in accordance with the above provisions, of criteria for recruitment and further training procedures for labour inspectors which are such as to confer upon them the authority and impartiality which are necessary in their relations with employers and workers (Article 3(2).

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