Demande directe (CEACR) - adoptée 2003, publiée 92ème session CIT (2004)

With reference also to its observation, the Committee notes that the draft Labour Code which had been submitted to the ILO for examination contained many provisions in accordance with those of the Convention. However, the Committee notes that certain of these provisions were not adopted in the new Labour Code. This is the case of provisions that are as fundamental for the application of the Convention as those respecting: the status of labour inspectors (section 201 of the draft text); the right of labour inspectors to enter workplaces freely (section 206(1), (2) and (3)(b) of the draft text); and the obligation of confidentiality placed upon labour inspectors with regard to manufacturing secrets and the source of complaints (section 202 of the draft text). With reference in this respect to its successive comments for many years, the Committee is therefore bound to request the Government to provide information on the manner in which it is envisaged giving effect to the relevant Articles of the Convention, namely: Article 6 concerning the status and conditions of service of labour inspectors; Article 12, paragraph 1(a) and (b), concerning the right to enter freely at any hour of the day or night any workplace liable to inspection and to enter any other premises by day; and Article 15(b) and (c) concerning the obligation placed upon labour inspectors not to reveal any manufacturing or commercial secrets or working processes which may come to their knowledge in the course of their duties, and the principle of confidentiality as to the source of any complaints and the relationship between a complaint and an inspection.