Observation (CEACR) - adoptée 2019, publiée 109ème session CIT (2021)

Convention (n° 81) sur l'inspection du travail, 1947 - Soudan (Ratification: 1970)

Autre commentaire sur C081

Observation

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The Committee notes the establishment in July 2019 of a power-sharing agreement between the country’s ruling military council and opposition groups (the Transitional Military Council and the Forces for Freedom and Change) to share power for a three-year period of reforms, followed by elections for a return to full civilian government.

Draft strategy on labour inspection. The Committee previously urged the Government to pursue its efforts to adopt its strategy on labour inspection, which had been developed in 2014 in the National Tripartite Workshop on Labour Inspection. It notes the Government’s indication in its report, in response, that the draft strategy on labour inspection is still being examined and that joint committees have been established to work on it. Noting that the development of the draft strategy dates back to 2014, the Committee urges the Government to strengthen its efforts to adopt it, and to provide a copy once adopted.

Article 4(1) and (2) of the Convention. Organization and effective functioning of the labour inspection system under the supervision and control of a central authority. The Committee previously requested the Government to provide information on the organization of the labour inspection system, including the central authority and local labour offices in each of the states. It notes the Government’s indication, in response, that the labour inspection system is placed under the supervision and control of a central authority, through full and close coordination between the central authority and each of the states, including for the purpose of drawing up plans and formulating policies. The Government also states that there is a General Directorate of Coordination and Follow-up, which establishes a network between each state. The Committee requests the Government to provide further information on the role, mandate and activities of the General Directorate of Coordination and Follow-up, including information on the details of its network and how the Directorate coordinates with local labour offices. It once again requests the Government to provide the organizational chart of the labour inspection system, illustrating the structure of and relationship between a central authority and local offices under each state. The Committee also requests the Government to provide specific information on the manner in which local labour inspection activities are placed under the supervision and control of a central authority, in order to give full effect to Article 4 of the Convention.

Articles 12(1) and 15(c). Unannounced inspection visits and confidentiality of the source of any complaint. The Committee previously requested information concerning the possibility for an individual worker to make a confidential complaint, noting the Government’s indication that labour inspection visits may be arranged at the request of an employer, a trade union, or a majority of workers in firms where there is no union. In the absence of information provided by the Government in response, the Committee once again recalls that, in accordance with Article 15(c) of the Convention, and consistent with paragraph 235 of its 2006 General Survey, Labour inspection, labour inspectors shall treat as absolutely confidential the source of any complaint bringing to their notice a defect or breach of legal provisions, and shall give no intimation to the employer or his representative that a visit of inspection was made in consequence of the receipt of such a complaint. The Committee recalls in this respect the importance of enabling workers to communicate freely with inspectors and of the confidentiality of complaints, particularly for the protection of workers from reprisals. The Committee once again requests the Government to indicate whether it is possible for an individual worker to submit a complaint to the labour inspectorate and, if so, the measures taken to maintain the confidentiality of the complaint. The Committee also reiterates its request that the Government provide information on whether the labour inspectorate undertakes unannounced visits, and if so, to provide information on the number of such visits undertaken.

Articles 20 and 21. Publication and communication to the ILO of an annual report. The Committee previously noted that although no annual inspection reports have been communicated to the ILO for more than 25 years, steps had been taken towards the preparation of annual reports, including the identification of training needs and initiatives to facilitate the preparation of periodic reports by state labour offices. It takes note of the Government’s indication, in response, that it is currently gathering reports by state labour offices. The Committee once again urges the Government to take all possible measures to ensure that labour inspection reports are prepared annually, published and transmitted to the ILO, in accordance with Articles 20 and 21 of the Convention.

The Committee is raising other matters in a request addressed directly to the Government.