Observation (CEACR) - adoptée 2022, publiée 111ème session CIT (2023)

Repetition

Article 3(2) of the Convention. Duties of labour inspectors. In its previous comments, the Committee noted that a third of labour inspectors had supervisory duties and that, under the Labour Code, labour inspectors were responsible for the conciliation of collective and individual labour disputes. It asked the Government to provide an estimate of the time spent on the primary functions as set out in Article 3(1) of the Convention as compared to the other functions of the labour inspectorate. In this regard, the Committee observes that, according to the technical memorandum on the National Strategy for the Development and Modernization of the Labour Administration System of the Central African Republic, prepared in 2017 with the support of the ILO and attached to the Government report, the conciliation of individual and collective labour disputes constitutes the majority of inspectors’ work. The Committee also notes that, under the Labour Code, inspectors are assigned other duties relating to the exercise of freedom of association and collective bargaining (such as registering trade unions, supervising elections of staff representatives, facilitating the conclusion of collective labour agreements and receiving advance notice of strikes and lockouts).The Committee requests the Government to provide information on the measures taken or envisaged to ensure that any additional duties assigned to labour inspectors do not interfere with the exercise of their primary duties. It further requests the Government to provide information on the steps taken in this regard and on the time and resources spent by labour inspectors on their various duties.

Articles 11 and 16. Material means and transport facilities placed at the disposal of labour inspectors and reimbursement of necessary expenses. Frequency of inspection visits and effectiveness of the system. In its previous comments, the Committee noted: (a) the persistent lack of material means placed at the disposal of the labour inspection services, including for offices and transport facilities, as well as for the reimbursement of necessary expenses; and (b) the infrequency of inspection visits. The Committee notes in this regard the information provided by the Government in its report on its efforts in 2017 to provide every Regional Directorate of Labour with a motorbike. The Government points out that the prefectural services sometimes rely on employers to provide them with transportation and that the recently created prefectural services do not have their own facilities. The Committee also notes the information provided in the 2013 partial activity report of the Ministry of Labour, Employment, Vocational Training and Social Security, according to which various types of difficulties have hindered the effective realization of the objectives pursued by the General Directorate of Labour and Social Welfare, such as security problems and the plundering of the Directorate. The Committee also notes the Government’s indication that the political and military difficulties that arose in 2012 continue to have a negative impact on several reform projects under way.While taking due note of the difficult situation in the country, the Committee requests the Government to continue its efforts to address the difficulties identified and to guarantee the effectiveness of the system, including by taking the necessary measures to provide labour inspectors with the means necessary for the effective performance of their duties. Recalling that the provision of transport facilities by employers may pose problems relating to the principles of impartiality and independence of labour inspectors, the Committee also requests the Government to continue its efforts to furnish labour inspectors with the transport facilities necessary for the performance of their duties, in accordance with Article 11(b) of the Convention.