Demande directe (CEACR) - adoptée 2014, publiée 104ème session CIT (2015)

Convention (n° 81) sur l'inspection du travail, 1947 - Mali (Ratification: 1964)

Autre commentaire sur C081

Observation

Demande directe

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Article 6 of the Convention. Need to improve the status and conditions of service of labour inspectors to ensure independence from any improper external influences. The Committee welcomes the Memorandum of Understanding (MoU) between the Government and the trade union committee of labour services, signed on 29 July 2011, which provides for the granting of bonuses and allowances for labour inspectors and supervisors as from 1 October 2011. However, the Government states that it has not yet been able to fulfil its commitment because of the institutional and security crisis that has arisen since that time. The Government indicates moreover that it intends drafting a career plan for labour and social security officials (made up of administrators, and labour and social security inspectors and supervisors). The Committee also takes note of Decree No. 2012 011/P-RM of 18 January 2012 issuing general regulations for labour and social security officials. These regulations include a category A, which encompasses labour and social security administrators, and a category B, which covers labour and social security supervisors. The Committee notes with interest that these general regulations provide that all officials should be guaranteed stability and independence from any improper external influence, and that they should benefit from a career plan that takes into account seniority and merit. The Committee asks the Government to submit information on the measures adopted to implement the improvements in the conditions of service of inspectors and supervisors, provided under the MoU and the general regulations mentioned above, as well as on any other measure taken to ensure remuneration and career prospects commensurate with their functions, in accordance with the provisions of this Article of the Convention.

Article 7(3). Training of labour inspectors. According to the Government, the recruitment and initial training of senior public administration officials, including labour inspectors, is henceforth entrusted to the National School of Administration (ENA). This training consists of both an academic and a practical stage, and is delivered over a period of 18 months. The ENA organized a workshop in 2013 for the validation of the programme and modules intended for trainee officials specializing in labour administration. In addition, a two-week workshop has been organized for labour supervisors each year since 2009. The Government also reports on a national workshop on the capacity building of labour inspectors on the worst forms of child labour, which was organized in 2012 by the national unit to combat child labour (with the financial support of the TACKLE project), and on a workshop on the protection of migrant workers, organized by the International Organization for Migration (IOM) in 2013. According to the Government, these training programmes have contributed towards the capacity building of inspectors with respect to supervising the work of young people and migrant workers. The Government welcomes the fact that the abovementioned MoU contains the Government’s commitment to organize, from 2012 onwards, one training session per year for labour inspectors and another for labour supervisors. The Committee asks the Government to submit information on any measures taken to implement the training programmes referred to under the MoU, as well as on any other training activities attended by labour inspectors and supervisors, indicating the number of labour inspectors who participated (by category and region), the type of activity (seminar, workshop, course) and its duration, as well as the subjects of these sessions.

Articles 10, 11(2) and 16. Adapting human resources and material means to the needs of the labour inspectorate. The Committee notes that a total of 51 labour and social security administrators are divided up between the national labour directorate, nine regional directorates and a national unit to combat child labour. Further, a total of 49 supervisors are divided up between the national labour directorate, the national unit to combat child labour and nine regional directorates. Furthermore, it notes that, according to the Government, eight four-wheeled drive vehicles and two cars were allocated in 2007 to eight regional directorates and the national directorate, respectively, and 16 motorcycles were allocated to eight regional directorates between 2008 and 2011. The regional directorates were also provided with office equipment and computers in 2012. The Committee also observes that the number of inspection visits between 2009 and 2013 fluctuated between 358 and 401, except in 2012 when there were only 293 – due, according to the Government, to the institutional and security crisis. The Committee points out, however, that no data has been provided by the Government with respect to the number, nature and geographical distribution of establishments liable to labour inspection and no information has been provided on the number of workers and categories of workers employed by them. The Committee underlines in this respect, as it did in its general observation of 2009, the importance of the availability of a register of workplaces and enterprises liable to labour inspection, which is regularly updated, and the need to promote effective cooperation with the other government bodies and public or private institutions in possession of relevant data. The Committee therefore requests the Government to take the necessary steps to establish such a register, and to provide information on all other measures taken to strengthen the labour inspection services both in terms of human resources and material means and, specifically, in terms of transport means and facilities.

Articles 13, 14 and 21(f) and (g). Preventive mission of the labour inspectorate and notification of occupational accidents and cases of occupational disease to the labour inspectorate. The Committee notes with interest that the Plan of Action 2013–15 on the national employment policy, adopted in March 2013, provides for the drafting and adoption of a policy in the area of occupational safety and health, the drafting and adoption of specific protection and safety measures applicable to establishments and various sectors including mines, and the introduction of a system to collect, analyse and process statistical information on occupational accidents and diseases. The Government states that inspection visits and information and awareness-raising campaigns organized by the prevention services of the National Social Security Institute (INPS), as well as measures to revitalize the occupational safety and health committees and their members’ training, are regularly implemented in mines, as well as in construction and public works enterprises. Furthermore, in 2013, inspection visits appeared to target, to a great extent, these sectors. The Government also states that, in conformity with section 71 of the Social Security Code, the employer is bound to report any occupational accident or case of occupational disease occurring in the enterprise to the INPS and the competent regional inspector within 48 hours. However, statistics on occupational diseases in gold mines are not available. In this respect, the Committee draws the Government’s attention to the ILO code of practice on the recording and notification of occupational accidents and diseases, 1996. The Committee asks the Government to provide statistics, in particular pertaining to inspection visits to examine safety and health conditions in establishments, including in mines, and to specify the infringements (with the indication of the provision to which they refer), or the defects noted, the measures taken by the inspectors on this matter and the penalties imposed. It also requests the Government to communicate information on the impact of the implementation of the system to collect, analyse and process statistical data on the preventive mission of labour inspectors and their outcome.

Articles 20 and 21. Publication and communication to the ILO of an annual report on the activities of the labour inspection services. Referring to its previous comments on the need to take measures to ensure the separate publication of an annual report on the work of the labour inspection services, the Committee notes the Government’s indication that it intends to soon ask for technical assistance from the ILO for this purpose. The Committee encourages the Government to submit a formal request for technical assistance in this respect to the ILO and hopes that the Government will soon be in a position to submit an annual report on the activities of the labour inspection services published in the form and within the deadlines provided for under Article 20 of the Convention, containing the information required under Article 21.