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With reference to its observation, the Committee draws the Government’s attention to the following issue.

Physical security of labour inspectors during inspections in agricultural undertakings. The Committee notes that, in reply to its request for information on any measure taken or envisaged to ensure the physical security of labour inspectors in agriculture, the Government indicates that, in accordance with national law, labour inspectors can request to be escorted by the police when carrying out their duties. The Committee would be grateful if the Government would provide a copy of the relevant legal text as well as further details on the manner in which labour inspectors can have recourse to the police in the event of threats or aggression by employers opposing inspection. It also requests the Government to provide examples of cases in which labour inspectors have been exposed to violence in practice and the protection provided.

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The Committee notes the joint communication by the Single Confederation of Workers of Colombia (CUT) and the Confederation of Workers of Colombia (CTC) of comments on the application of the Convention, on 30 August 2010, transmitted to the Government on 6 September 2010.

The Committee draws the Government’s attention to its observation under the Labour Inspection Convention, 1947 (No. 81), as it concerns issues also related to the application of this Convention, and to the following points as concerns more specifically labour inspection in agriculture.

Inadequacy of structures, means and logistics of the labour inspection service in agriculture. Following the comments of the CUT in 2007, which related to the ineffectiveness of the labour inspection system in agriculture due to the inappropriate geographical distribution of offices and lack of resources, the Committee notes that the new observations of the CUT and CTC still raise the same issue and attribute such weakness to the absence of specific arrangements for labour inspection in agriculture. In addition to the observations raised with regard to the Convention, No. 81, the trade unions deplore: (i) the location in urban areas of the generally competent territorial directorates and the lack of subordinate municipal offices in rural areas; (ii) the absence of labour inspectors specifically qualified in agriculture and the lack of specific training of labour inspectors in agriculture; (iii) the lack of technical and logistical means and of transport facilities to attain agricultural enterprises in areas of difficult access; (iv) the lack of preventive control of agricultural establishments, activities, production procedures and use of new products and substances; and (v) the insufficiency of inspection visits (control and prevention) in agriculture. The Committee notes that, while the Government refers to the establishment of the additional territorial directorate Orinoquia-Amazonia, it does not respond to the questions previously raised by the Committee as regards measures to strengthen the labour inspection system in agriculture (budget allocated, specific training provided, association of labour inspectors in the preventive control of agricultural establishments, etc.).

The Committee urges the Government to take the necessary measures to strengthen the structures and means of action available to labour inspectors in charge of agricultural enterprises (accessibility of offices, human resources and material resources, training, taking into account the specific needs in agriculture, etc.) and to keep the ILO informed of such measures and their results.

Article 6(1)(a) and (c) and (3), of the Convention. Working conditions and role of labour inspectors with regard to associated work cooperatives (CTAs). The Committee has previously pointed out, with reference to paragraph 133 of its General Survey of 2006 on labour inspection, that the precarious working conditions of a large number of workers in CTAs, which were acknowledged by the Government in its report, would largely justify entrusting labour inspectors with carrying out a survey on the actual working relations between those giving instructions or receiving goods and services produced by the CTAs, and the workers in the CTAs. While observing that the Government did not provide any relevant information, the Committee notes with interest with reference to its observations under Convention No. 81, the adoption of Law No. 1233 of 2008 which establishes the obligation of cooperatives and precooperatives for contributions to the Colombian Institute for Family Welfare (ICBF), to the National Apprenticeship Service (SENA) and to family benefit funds.

Regarding, more particularly, the conditions of workers working in CTAs producing sugar canes, it notes that, according to the Government, following a big strike by sugar cane harvesters who had been recruited through CTAs from the department of Valle del Cauca, which had paralyzed the whole sugar cane production in the region from 14 July to 15 September 2008, agreements were concluded by CTAs with several refineries, granting, for example increased wages, more equipment and work clothes, loans without interest for one year, support with the family benefit fund for the financing of social plans, education allowances for workers and their families, etc. The Committee requests the Government to indicate whether it is envisaged to entrust labour inspectors with carrying out a survey on the actual working relations between those giving instructions or receiving goods and services produced by the CTAs and the workers in the CTAs, (Article 6(1)(c) of the Convention. It further requests the Government to indicate the role of labour inspectors as regards the control of legal obligations of cooperatives in the agricultural sector and to provide information on the cooperation between the labour inspectorate and the superintendence of economic solidarity and other special superintendences in the framework of the implementation of circular No. 001 of 2009, which the Government referred to in this regard but did not transmit to the ILO.

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

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Referring to its observation, the Committee draws the Government’s attention to the following points.

Safety of labour inspectors performing duties in agricultural undertakings. In its previous comments, the Committee had noted that the Government had not replied to its previous request concerning the measures taken or envisaged to ensure the physical protection of labour inspectors when working in certain regions considered to be dangerous. It had also observed that section 486 of the Labour Code, to which the Government referred, did not indicate whether labour inspectors could ask to be accompanied, when required to guarantee their safety, by police officers who possessed the necessary means to protect their physical integrity. The Committee had therefore asked once again the Government to provide information on any measures taken in this respect and their application in practice. Noting that it has failed to do so, it feels bound to request the Government to ensure that measures to guarantee the safety and physical integrity of labour inspectors when working in agricultural undertakings, should be implemented as soon as possible. It would be grateful if it would inform the ILO of any progress made in this respect and any difficulties encountered.

Article 15 of the Convention. Conditions of work of labour inspectors in agricultural undertakings. Pointing out that the Government has not provided information concerning the part of the territorial department’s budget allocated to labour inspection in the agricultural sector, the Committee hopes that it will not fail to do so in its next report; or that it will, at the very least, indicate any developments concerning the material and logistical working conditions of labour inspectors in agricultural undertakings.

Article 19. Notification of accidents and cases of occupational disease to labour inspectors. Noting that the Government has not provided the information it requested in its previous comments on this point, the Committee feels bound to reiterate this request which was worded as follows.

The Committee notes that in the event of the death of a worker, the employer and the joint occupational health committee or, as the case may be, the monitor, are to carry out, in the 15 days following the death, an inquiry into the causes of the accident or the illness that led to the death of the worker and to communicate the results to the relevant insurance company. Within a maximum of 15 days, this company will decide upon the measures that the employer must take in order to eliminate the cause of the accident or illness. This decision is communicated with the inquiry report to the competent Regional Labour Directorate or to the Special Office of the Ministry of Social Protection, so that further investigations and legal proceedings may be instituted, if necessary. The Committee asks the Government to indicate whether this procedure is also applicable in the event of occupational accidents and diseases in agricultural undertakings and to provide full and detailed information on the role of labour inspectors in the context of this procedure.

Article 6, paragraph 2. Enforcement functions relating to conditions of life of agricultural workers and their families. The Committee requests the Government once again to provide specific information on the content of the issues dealt with on legal assistance days, which, in a previous report, the Government stated it had organized throughout the country, including in the most remote areas. It would be grateful if it could report on whether, as a result, there was any indication of a need to extend the functions of the labour inspection service, with a view to enforcing the application of legal provisions relating to conditions of life of agricultural workers and their families. In the affirmative, the Government is requested to keep the ILO informed of any developments in this respect.

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The Committee notes the Government’s report for the period ending 30 June 2008. It also notes the observations submitted by the Single Confederation of Workers of Colombia (CUT) dated 31 August 2007, and the Government’s reply to these comments dated 21 February 2008. The Committee points out that the CUT also sent, on 28 January 2008, comments in the form of a report entitled “Labour rights and freedom of association in Colombia: Evaluation and proposals for the implementation of the Tripartite Agreement”, on its own behalf and on behalf of the General Confederation of Democratic Workers (CGTD), the Confederation of Workers of Colombia (CTC) and the Confederation of Pensioners in Colombia (CPC). The Committee notes that the Government sent replies to the questions raised in this report to the ILO on 9 June 2008, and that comments from the General Confederation of Labour (CGT), dealing mainly with the inadequacy of the staff in the labour inspection services, were forwarded to the Government on 19 September 2008.

Article 6, paragraph 3, of the Convention. Associated work cooperatives (CTA), subcontracting, increasingly precarious working conditions and legal void. Referring to its comments under Convention No. 81 on the widespread use of employment relationships in the context of associated work cooperatives (CTAs), the Committee observes that the trade unions draw particular attention to this practice in the sugar-cane and flower-growing sectors. They emphasize that sugar has become one of the country’s most important agricultural export products and that Colombia is among the ten major sugar exporting countries in the world. About 16,000 workers in this sector are sugar-cane harvesters, which is the most physically demanding job in the sugar production process, and the worst paid. Some 90 per cent of these workers are recruited through the CTAs and do not even earn the minimum wage. According to the trade unions, the massive recourse to labour under the conditions imposed by the CTAs generate higher profits for the sugar refineries, but that the workers are denied the right to a decent salary and trade union representation. The flower-growing sector, mainly geared to the export of freshly cut flowers (of which Colombia is the major supplier to the United States), absorbs a considerable number of workers, mostly made up of women heads of households with a low educational level, whose opportunities of employment in other sectors are almost non-existent. According to the report of the trade union organizations, a high percentage of workers on sugar-cane plantations and in flower-growing enterprises are recruited though temporary employment agencies, CTAs or other forms of subcontracting.

According to information available to the ILO, a strike was called in September 2008 by some 18,000 sugar-cane harvesters from the department of Valle del Cauca, who had been recruited through the associated labour cooperatives. The strikers claimed the end of the “pseudo-associated labour cooperatives”, direct recruitment, job stability, wage increases, social security coverage, entitlement to social benefits, education and housing allowances, effective control of the weight of sugar cane harvested, etc. They were protesting against a system which obliged them not only to bear the cost of their social security contributions, but also costs relating to occupational safety, the purchase of work tools (machetes), protective equipment such as gloves, protection for the ankles, leather shoes and work clothes. Due to a lack of efficient health services and programmes for the prevention of occupational hazards, cases of partial or total paralysis, injuries to limbs and the spine, as well as arthritis, herniated discs and infections caused by contaminated water and the use of pesticides, are widespread among this labour force; moreover, working time may be as high as 70 hours per week for a monthly wage equivalent to about US$230.

Referring to its comments under Convention No. 81, the Committee particularly draws the Government’s attention to paragraph 133 of its General Survey on labour inspection of 2006, in which it emphasizes the meaning and scope of Article 6, paragraph 1(c), of the Convention, under the terms of which labour inspectors shall bring to the notice of the competent authority defects or abuses not specifically covered by existing legal provisions. The Committee considers that the deterioration in the working conditions of a large number of workers, many of whom are women, would largely justify entrusting labour inspectors with carrying out a survey on the actual working relations between those giving instructions or receiving goods and services produced by the CTAs, and the workers in the CTAs. Any defects or abuses harmful to these workers could therefore be identified, which could result in an improvement in the existing legislation on working conditions and the protection of workers while engaged in their work. The Committee firmly encourages the Government to ensure that a mission of this nature is entrusted to labour inspectors in agriculture rapidly to help bring about a change in the law adapted to the new realities of the world of work which consist of the subordination of CTAs in relation to the enterprises for which they are producing goods and services without any labour contract. The Government is requested to submit relevant information, accompanied by a copy of any text giving effect to Article 6, paragraph 1(c).

Inadequacy of structures, means and logistics of the labour inspection service in agriculture. In its comments in 2007, the CUT pointed out that, although the inspection service was the same for all branches of the economy, on account of their geographical situation some offices deal mainly with agriculture and have to cover up to ten districts, including vast areas to which access is difficult. Labour inspection is ineffective in these vast areas, which are mainly devoted to agriculture and stock-breeding. According to the CUT, the lack of a specific inspection system in agriculture, exacerbated by a lack of resources, prevents the inspection of agricultural undertakings as often and as thoroughly as is required to ensure the effective application of the legal provisions covered by the Convention.

According to the information provided by the Government in its report and that published by the Ministry of Social Protection on its Internet site, a number of measures to strengthen the labour inspection system are planned, with the assistance of the Office, on the one hand, and in the context of the framework of the USAID–Midas (More Investment for Alternative Sustainable Development) programme on the other. The Committee invites the Government to refer to its comments under Convention No. 81 in relation to: increasing the number and reinforcing the qualifications of labour inspectors, and improving the status of labour inspectors (Articles 14 and 9, paragraph 3, of the present Convention); the material working conditions and transport facilities of labour inspectors (Articles 15 and 16, paragraph 1(c)(iii)); further duties entrusted to labour inspectors (Article 6, paragraph 3); adequate penalties that are effectively enforced (Article 24); principle of confidentiality as to the source of any complaint (Article 20(c)) and annual report of the inspection services (Articles 26 and 27).

Article 9, paragraph 3. Specific training of labour inspectors in agriculture. With regard to the application of this Convention, the trade unions regret the lack of specialized labour inspectors in agriculture. Noting the Government’s recognition of the need to strengthen the labour inspection system by providing specific training to inspectors, the Committee asks it to indicate the measures taken to ensure that labour inspectors in agriculture are provided with initial training, as well as further training during their work, which is adequate and takes account of developments in technology and working methods (risks of accidents and specific medical conditions inherent in the use of machinery and tools, and the handling of chemical products and substances).

Article 17. Association of labour inspection in the preventive control of agricultural enterprises. In reply to the Committee’s previous comments on measures taken to associate labour inspection in the preventive control of new plant, new substances and new methods of handling or processing products which appear likely to constitute a threat to health or safety, the Government indicates that this matter lies within the joint competence of occupational health institutions, departmental and local committees, joint occupational health committees within the enterprise, monitors and insurance companies authorized to operate in the field of occupational hazards, as all these bodies are duly aware of the high risk of agricultural activities. The Committee points out that the labour inspection services do not appear to be associated in any way with this type of control. It would be grateful if the Government would indicate the legal provisions relating to this matter and to provide practical examples of their application in agricultural enterprises.

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

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Referring also to its observation, the Committee asks the Government to provide additional information on the following matters.

Bilateral cooperation and labour inspection. The Committee notes from the “General Report on Evaluation and Follow-Up Visits for the Reinforcement of Territorial Departments, Special Offices and Labour Inspection Services”, attached to the Government’s report, that the Ministry of Social Protection hopes, with the assistance of the United States Agency for International Development (USAID), to be able to improve and strengthen the labour inspection system. Within this framework, measures are planned to abolish or simplify certain administrative procedures and to introduce an inspection system which focuses on prevention, particularly in respect of high-risk activities and undertakings, the participation of employers’ organizations and trade unions and the promotion of a culture of respect for national legislation. With a pilot project already launched in the territorial departments of Bolívar, Caldas, Huila, Valle del Cauca and the special office Urabá-Apartadó, the Committee asks the Government to provide information on the activities developed within this framework, their impact on the work of the labour inspection service and the results achieved by this service, and to communicate any relevant texts or documents.

Safety of labour inspectors performing duties in agricultural undertakings. Further to its previous comments, the Committee notes the Government’s reference to section 486, paragraph 2, of the 1990 version of the Labour Code, under which officials designated by the Ministry of Labour and Social Security shall be bestowed with the authority of the police in all matters relating to the supervision and monitoring of labour legislation, and shall be authorized, in that capacity, to impose fines the amounts of which are set in accordance with the gravity of the violation observed. The Committee notes that the Government has not replied to its previous request concerning the measures taken or envisaged to ensure the physical protection of labour inspectors when working in certain regions considered to be dangerous. The abovementioned provision of the Labour Code does not indicate whether the police powers bestowed on labour inspectors include the authorization to be accompanied, when so required in order to guarantee their safety, by police officers who possess the necessary means to protect their physical integrity. The Committee once again asks the Government to provide information on any measures taken in this respect and their application in practice.

Article 6, paragraph 2, of the Convention. Advisory and enforcement functions relating to conditions of life of agricultural workers and their families. The Committee notes with interest that labour inspectors have participated in legal assistance days organized throughout the country, including in the most remote areas. The Committee would be grateful if the Government would provide further information on the specific issues dealt with on these days and indicate whether, as a result, there was any indication of a need to extend the functions of the labour inspection service to advisory or enforcement functions in respect of the application of legal provisions relating to conditions of life of workers and their families in agricultural undertakings.

Article 9, paragraph 3. Training of labour inspectors in agriculture. The Committee notes that a training course on general conditions of work has been given to all labour inspectors. It notes with interest that 256,000,000 pesos was allocated to labour inspector training during 2005 and 2006. This training was based on a new inspection service approach which focuses on the retraining of inspectors and the unification of inspection methods and objectives across the services. The Committee notes that no indication has been given as to whether any training dealing specifically with the exercise of the inspection function in the agricultural sector was included on that occasion. The Committee would be grateful if the Government would indicate the measures taken to give labour inspectors performing duties in agriculture appropriate training, taking into account, most notably, the characteristics inherent to different categories of workers, the nature of the work performed and the specific risks to which workers and their families are exposed.

Article 15. Conditions of work of labour inspectors in agriculture. The Committee once again asks the Government to indicate the part of the territorial departments’ budget which is allocated to labour inspection in the agricultural sector.

Article 19. Notification of accidents and cases of occupational disease to labour inspectors. The Committee notes that in the event of the death of a worker, the employer and the joint occupational health committee or,  as the case may be, the monitor, are to carry out, in the 15 days following the death, an inquiry into the causes of the accident or the illness that led to the death of the worker and to communicate the results to the relevant insurance company. Within a maximum of 15 days, this company will decide upon the measures that the employer must take in order to eliminate the cause of the accident or illness. This decision is communicated with the inquiry report to the competent Regional Labour Directorate or to the Special Office of the Ministry of Social Protection, so that further investigations and legal proceedings may be instituted, if necessary. The Committee asks the Government to indicate whether this procedure is also applicable in the event of occupational accidents and diseases in agricultural undertakings and to provide full and detailed information on the role of labour inspectors in the context of this procedure.

Articles 26 and 27. Annual inspection report. The Committee notes the report on inspection, surveillance and monitoring activities for the years 2005, 2006 and the first quarter of 2007. It notes that this report contains information mainly on the number of visits carried out, the advice and information provided, the investigations of an administrative nature and the number and amount of the fines imposed. The Committee regrets, however, that the data are presented for all the economic sectors covered, which does not allow for the work of the inspection system in agriculture to be assessed in a specific manner, in accordance with the provisions of Articles 26 and 27. The Government is requested to take the necessary measures promptly so as to ensure that the central inspection authority complies with these provisions by following the valuable guidelines set forth in Part IV of Recommendation No. 81. It hopes that it will be possible to make progress in this respect, particularly with the assistance provided by USAID, and that an annual report on the activities of the inspection services in agriculture will soon be published and communicated to the Office.

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The Committee notes the Government’s report for the period ending on 30 June 2007, the information sent in reply to its previous comments, and the General Report on Evaluation and Follow-Up Visits for the Reinforcement of Territorial Departments, Special Offices and Labour Inspection Services, also attached. The Committee also notes the comments of the Single Confederation of Workers of Colombia (CUT), received by the ILO on 31 August 2007 and forwarded to the Government on 18 September 2007. The CUT has objections to: (1) the conditions of service of labour inspectors; (2) human resources and the distribution of the labour inspection services; (3) the material means and the transport facilities available to labour inspectors; and (4) the frequency and quality of inspection visits. The Committee asks the Government to provide the Office with any comments that it feels may be useful on the issues raised by the CUT, supplemented if necessary by any relevant documents, so that they may be examined at its next session.

Article 17 of the Convention. Association of labour inspectors in preventive control in agricultural undertakings. The Committee notes that labour inspectors are required to verify the existence, including in agricultural undertakings, of joint occupational health committees (COPASO) or monitors in smaller undertakings. The territorial labour departments, under the coordination of the General Directorate of Occupational Risks, are responsible for ensuring the application of the legislation on risk prevention. In consultation with the occupational health committees, they cooperate with the bodies responsible for health in occupational disease prevention activities. There are also occupational health committees at local level, to which the labour inspectors give advice on the preparation and implementation of activities and policies relating to risk prevention. The Committee also notes with interest that occupational risk insurance companies help to supervise the application of the relevant legislation by making it compulsory for undertakings to comply with that legislation and stop practices which are unlawful or a danger to the health or life of workers affiliated to the general system for employment injury. Noting also that the CUT has said it is unaware whether any measures have been taken to promote collaboration between inspection officials and employers and workers in the agricultural sector, the Committee asks the Government to specify whether such measures have been taken and whether and in what manner the association of the inspection services in preventive control in agricultural undertakings extends to the control of new plant, new materials or substances and new methods of handling or processing products which appear likely to constitute a threat to health or safety.

The Committee is addressing a direct request to the Government on a number of other matters.

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The Committee notes the Government’s partial reply to its previous comments. It draws the Government’s attention to the following points.

1. Security of labour inspectors. The Committee notes that, according to the Government, labour inspectors can get the police authorities to accompany them in order to guarantee their security and allow the accomplishment of their duties. The Committee would be grateful if the Government would indicate whether this possibility is provided for on a legal basis, communicate a copy of any relevant provision and give practical details on its implementation, in particular in cases of obstruction to the performance of an inspection task.

2. Article 9, paragraph 3, of the Convention.  Training of labour inspectors. The Government had indicated in its previous report that a series of training seminars was planned for labour inspectors. The Committee would be grateful if the Government would indicate whether those training seminars have been achieved and to supply detailed information on their contents, their duration and the number and status of the participants.

3. Articles 14 and 15. Means of action of labour inspectors in agriculture. The Committee notes that the Ministry of Social Protection allocates an annual budget to the territorial departments. It requests the Government to indicate the part allocated to labour inspection in agriculture, comparatively.

4. Article 6, paragraph 2. Advisory and enforcement functions concerning the conditions of life of workers and their families. The Committee would be grateful if the Government would indicate whether it is planned to entrust labour inspectors in agriculture with advisory or enforcement functions relating to conditions of life of workers and their families.

5. Article 17. Association of labour inspectors in preventive control of agricultural undertakings. The Committee notes the information concerning joint occupational health committees. It would be grateful if the Government would indicate whether those joint occupational health committees are also set up in agricultural undertakings and to communicate, where appropriate, any relevant provisions governing their establishment, competences and functioning. The Committee also requests the Government to indicate whether labour inspectors are consulted (including via joint occupational health committees) on the putting into operation of new plants, materials or substances and methods of handling or processing products which appear likely to constitute a threat to health or safety, as well as on the plans of any plant in which dangerous machines or unhealthy or dangerous work processes are to be used, in agricultural undertakings, as advocated by Paragraph 11 of Recommendation No. 133.

6. Article 19. Notification of industrial accidents to labour inspectors. The Committee notes that the General Directorate for the Planning and the Analysis of Policies develops an information system enabling the data processing and the continuous updating of the information of the general health system, which includes the hazards register, and that the administrative departments of occupational hazards transmit monthly statistics relating to industrial accidents and occupational diseases to this end. The Committee requests once again the Government to indicate the manner in which it is ensured that labour inspectors are notified of industrial accidents and cases of occupational disease occurring in the agricultural sector, and whether inspectors are associated with any inquiry on the spot into the causes of the most serious industrial accidents or occupational diseases, particularly those which affect a number of workers or have fatal consequences.

7. Articles 25, 26 and 27. Annual inspection report. The Committee notes that no annual report has been communicated to the ILO. It requests the Government to take the necessary measures to ensure that the central authority publishes, on the basis of the periodical reports stipulated by Article 25, an annual report and to communicate it to the ILO, in accordance with the arrangements of Articles 26 and 27 of the Convention.

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Also referring to its observation, the Committee requests the Government to communicate, in so far as it specifically concerns the application of the present Convention, the information requested in its direct request under Convention No. 81 with regard to the organization, functioning and resources of the labour inspectorate.

In addition, the Committee once again requests the Government to indicate whether there has been any follow-up to the conclusions and recommendations of the surveys and studies concerning the rural sector, which it mentioned in its 1996 report, and, if so, to provide any relevant information.

Furthermore, the Government is requested to clarify whether it is planned, in accordance with Article 6, paragraph 2, of the Convention, to assign to labour inspectors in agriculture advisory or enforcement functions regarding legal provisions relating to the living conditions of workers and their families.

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The Committee notes the Government’s partial replies to its previous comments and the attached documents. It draws the Government’s attention to the following points.

1. Security and the particular conditions of service of labour inspectors operating in agricultural enterprises located in dangerous areas. In its previous comments, the Committee reiterated its concerns regarding the exposure of labour inspectors operating in agricultural undertakings to the risks inherent in the climate of insecurity prevailing in certain regions. It hoped that the Government would contemplate the possibility of adopting measures to guarantee inspectors an appropriate level of protection and hoped that the relevant information would be communicated. Noting that no mention of this subject is made in the Government’s report, the Committee urges the Government to adopt adequate protection measures with regard to these officials and to keep the Office informed in this regard.

2. Article 17 of the Convention. Association of labour inspectors in preventive controls in agricultural undertakings. The Committee notes that the information provided by the Government under this provision to the effect that all undertakings employing more than ten workers must have a joint committee on industrial safety (COPASO) under the national legislation. This committee, composed of employers’ and workers’ representatives, is responsible, inter alia, for proposing the adoption of measures for developing prevention activities; for periodically visiting workplaces and undertaking controls of the working environment, machinery, equipment, appliances and activities of workers in all sections of the enterprise; and informing the employer of the existence of sources of danger and suggesting corrective and supervisory measures. Undertakings employing less that ten workers would have a look-out designated by joint agreement of the employer and workers. This information does not meet, however, the specific request of the Committee concerning the measures taken to give effect to the provision of the Convention. The Government is therefore requested to refer to the guidance given on this subject by Paragraph 11 of Recommendation No. 133 supplementing the Convention, and to provide information on any cases or circumstances in which, if appropriate, the legislation provides that the labour inspection services shall be associated with the preventive control of new plant, new materials or substances and new methods of handling or processing products which appear likely to constitute a threat to health or safety. It would be grateful, in the absence of legislation on this subject, if the Government would take the necessary measures to rectify this deficiency and to provide relevant information in this regard.

3. Article 19. Notification of occupational accidents and cases of occupational disease and association of the inspectorate with inquiries. The Committee notes with interest the announcement of the drawing up of a training plan on occupational safety and health for the territorial departments with a view to strengthening inspection, surveillance and control activities. The Committee welcomes this measure which gives effect to Article 9, paragraph 3, and hopes that additional information will be provided on its impact on the results of inspection activities. It observes, however, that the Government still does not indicate whether, firstly, the legislation stipulates the circumstances and the manner in which the labour inspectorate in agriculture shall be notified of occupational accidents and cases of occupational disease (Article 19, paragraph 1) or, secondly, whether inspectors shall be associated with any inquiry on the spot into the causes of the most serious occupational accidents or occupational diseases (Article 19, paragraph 2). The Committee hopes that the Government will provide the requested information or, if no effect has been given to these provisions, adopt the necessary measures to this end and keep the Office informed in this regard.

4. Articles 25, 26 and 27. Obligation to submit periodical reports and annual inspection reports. Referring to its previous comments, the Committee notes that the statistical tables attached to the Government’s report do not contain specific data on inspection activities in agricultural undertakings. It also notes that, according to the Government, the central inspection authority does not publish an annual report on the activities of the labour inspection services, but that the territorial directors submit to the Special Inspection, Surveillance and Monitoring Unit quarterly reports containing, inter alia, information on the undertakings visited and penalized. The Committee reminds the Government of its obligation arising from the ratification of the Convention to ensure that the central authority publishes and communicates to the ILO, in the form and within the time limits prescribed by Article 26 and on the basis of periodical reports which must be submitted under Article 25 by inspectors or local offices as appropriate, an annual report on labour inspection activities in agricultural undertakings containing information on each of the subjects listed in Article 27.

The Committee is addressing a request regarding certain other points directly to the Government.

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With reference also to its observation, the Committee notes that the Government has not replied to its previous request, which read as follows:

1. Surveys on labour inspection in the rural sector and conditions of life of agricultural workers and their families. The Committee notes the information on the delay caused by the restructuring of the Ministry of Labour and Social Security to undertaking surveys on labour inspection in the agricultural sector, as well as to the various studies dealing with the working situation in the agricultural sector (recession, seasonal migrations) mentioned in the Government’s report of 1996, and whose aim is to increase the efficiency of labour inspection. It hopes that the Government would be in a position to provide in its next report information on the conclusions reached by the surveys and studies and on the measures which are envisaged to attain the set objective, and in particular, to give detailed information on whether labour inspectors in agriculture, according to Article 6, paragraph 2, shall be entrusted with advisory and enforcement functions relating to conditions of workers and their families.

2. Training of labour inspectors in agriculture. Noting the information relating to the measures designed to increase the training provided to labour inspectors, the Committee notes with interest the publication in 1998 of a third updated edition of the "Guide of the Labour Inspector", which refers to ILO Conventions Nos. 81 and 129, on labour inspection. It would be grateful if the Government would provide detailed information on the other measures referred to on the specific training of labour inspectors in rural areas and agricultural undertakings (numbers of inspectors, substance of the training provided) as well as information on the impact of such measures in practice and on the results registered in terms of efficiency with respect to the set aims, as reflected in the formulation of periodic reports, and their communication to the central inspection authority.

3. Lack of labour inspectors. Referring to the information provided in a recent report on the application of Convention No. 81, the Committee notes that women constitute the majority in the labour inspectorate and that numerous inspector posts remain vacant. The Committee would be grateful if the Government would indicate the measures that have been taken or are envisaged to improve conditions of service, especially remuneration, in such a way as to attract would-be candidates to fill the vacant posts.

4. Principle of absolute confidentiality on the source of complaints. Noting with concern the Government’s indication that labour inspectors are not bound to observe the principle of confidentiality as to the source of complaints when the concerned workers request them to do so, the Committee would like to stress the importance of the principle of confidentiality with respect to the source of complaints as specified in Article 20(c). Labour inspectors are, in fact, bound to observe this principle in general subject to such exceptions as may be made by national regulations, and pursuant to the same provision, they are also bound not to reveal to the employer or his representative, that a visit of inspection was made in consequence of the receipt of a complaint. The principle of confidentiality, with respect to the source of complaints, is essential in the relationship between workers and labour inspectors. The Committee therefore invites the Government to refer to the development which was highlighted in its General Survey of 1985 on labour inspection (paragraphs 201 and 202), of the motives behind this affirmation, and which in turn requires it to formulate a legal provision, or failing that, a regulatory or administrative text in this respect. It also notes that the obligation of discretion on the part of labour inspectors may, as specified in the Convention, be subject to a few exceptions, especially with respect to revealing the name of the plaintiff, with the worker’s prior consent, as well as for the sake of legal proceedings (paragraph 203). The Government is requested to take the necessary measures to bring its legislation into conformity with the aforementioned provision of the Convention, in such a manner as to ensure the efficient protection of workers against possible retaliation by employers, and to overcome the fear of revealing workers’ identity which constitutes an obstacle to workers’ collaboration with labour inspectors.

The Committee hopes that the Government will not fail to provide the information requested as well as additional information on the following point.

Independence, authority and impartiality of labour inspectors. The Committee notes with interest the circular of the Minister of Labour and Social Security prohibiting labour inspection agents to use, for occupational purposes, the vehicles made available to them directly or indirectly by employers, trade unions or workers. It would be grateful if the Government would indicate the impact of this prohibition in practice, forward the text of the agreement concluded between the labour inspection services and such institutions as the National Apprenticeship Service (SENA), the Colombian Institute for Family Welfare (ICBF) and universities, in order to ensure that labour inspectors operating in rural areas have the means of transport and the technical support necessary for the performance of their duties (Article 15), and if it would provide information on the application of this agreement in practice.

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The Committee notes the Government’s report, the partial replies to its previous comments and the attached documents.

Article 17 of the Convention. The Committee once again requests the Government to indicate whether, and if so in which manner the labour inspection services in agriculture are associated in the preventive control of new plant, new materials or substances and new methods of handling or processing products which appear likely to constitute a threat to the health or safety of workers. If they are not so associated, the Government is asked to take the necessary measures to implement this provision and to keep the ILO informed on any progress in this regard.

Article 19. Further to its previous comments, the Committee reminds the Government that, not only shall labour inspectors in agriculture be notified of occupational accidents and cases of occupational disease occurring in the agricultural sector (paragraph 1), but they shall be associated, in so far as possible, with any inquiry on the spot into the causes of the most serious occupational accidents or occupational diseases, particularly of those which affect a number of workers or have fatal consequences (paragraph 2). However, in accordance with Decree No. 1530 of 1996, to which the Government continues to refer, and the information provided on its application, labour inspectors intervene on the occasion of the above events to impose sanctions where appropriate. The Committee would be grateful if the Government would specify, on the one hand, whether a procedure exists for notifying occupational accidents and cases of occupational diseases to labour inspectors and, on the other hand, whether measures have been taken to ensure the association of labour inspectors in inquiries on the spot into the causes of the most serious occupational accidents or occupational diseases with a view to prevention.

Articles 26 and 27. While noting the statistics on occupational accidents for the period 1997-2000 attached to the Government’s report, the Committee once again notes the failure to provide an annual report on the activities of the labour inspection services containing information on each of the items specified under Article 27. Emphasizing the importance of also including in such a report up-to-date information on the issues specified in Paragraph 13 of the Labour Inspection (Agriculture) Recommendation, 1969 (No. 133), the Committee would be grateful if the Government would take the necessary measures to ensure that the central labour inspection authority fulfils its obligation to publish and transmit to the ILO the annual report required by the above Articles. In this respect, the Government may find it useful to refer to paragraph 272 et seq. of the General Survey of the Committee of Experts of 1985 on labour inspection.

Security and the particular conditions of service of labour inspections.  Referring to its previous comments on this matter and being aware of the problems of public security that the country has been facing for decades, the Committee notes that the labour inspectors who operate in agricultural enterprises located in vulnerable areas are not among the categories of officials covered by specific protection. It therefore once again hopes that the Government will endeavour to examine the possibility of guaranteeing them an appropriate level of protection and that the relevant information will be provided to the Office in the near future.

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With reference to its observation, the Committee notes the information provided by the Government in its report for the period ending 31 July 2000. It hopes that the Government shall not fail to provide additional information on the following points.

1. Surveys on labour inspection in the rural sector and conditions of life of agricultural workers and their families. The Committee notes the information on the delay caused by the restructuring of the Ministry of Labour and Social Security, to undertaking surveys on labour inspection in the agricultural sector, as well as to the various studies dealing with the working situation in the agricultural sector (recession, seasonal migrations) mentioned in the Government’s report of 1996, and whose aim is to increase the efficiency of labour inspection. It hopes that the Government would be in a position to provide in its next report information on the conclusions reached by the surveys and studies and on the measures which are envisaged to attain the set objective, and in particular, to give detailed information on whether labour inspectors in agriculture, according to Article 6, paragraph 2, shall be entrusted with advisory, and enforcement functions relating to conditions of workers and their families.

2. Training of labour inspectors in agriculture. Noting the information relating to the measures designed to increase the training provided to labour inspectors, the Committee notes with interest the publication in 1998 of a third updated edition of the "Guide of the Labour Inspector", which refers to ILO Conventions Nos. 81 and 129, on labour inspection. It would be grateful if the Government would provide detailed information on the other measures referred to on the specific training of labour inspectors in rural areas, and agricultural undertakings (numbers of inspectors, substance of the training provided) as well as information on the impact of such measures in practice and on the results registered in terms of efficiency with respect to the set aims, as reflected in the formulation of periodic reports, and their communication to the central inspection authority.

3. Lack of labour inspectors. Referring to the information provided in a recent report on the application of Convention No. 81, the Committee notes that women constitute the majority in the labour inspectorate, and that numerous inspector posts remain vacant. The Committee would be grateful if the Government would indicate the measures that have been taken or are envisaged to improve conditions of service, especially remuneration, in such a way as to attract would-be candidates to fill the vacant posts.

4. Principle of absolute confidentiality on the source of complaints. Noting with concern the Government’s indication that labour inspectors are not bound to observe the principle of confidentiality as to the source of complaints when the concerned workers request them to do so, the Committee would like to stress the importance of the principle of confidentiality with respect to the source of complaints as specified in Article 20(c). Labour inspectors are in fact bound to observe this principle in general subject to such exceptions as may be made by national regulations, and pursuant to the same provision, they are also bound not to reveal to the employer or his representative, that a visit of inspection was made in consequence of the receipt of a complaint. The principle of confidentiality with respect to the source of complaints is essential in the relationship between workers and labour inspectors. The Committee therefore invites the Government to refer to the development which was highlighted in its General Survey of 1985 on labour inspection (paragraphs 201 and 202), of the motives behind this affirmation, and which in turn requires it to formulate a legal provision, or failing that, a regulatory or administrative text in this respect. It also notes that the obligation of discretion on the part of labour inspectors may, as specified in the Convention, be subject to a few exceptions, especially with respect to revealing the name of the plaintiff, with the worker’s prior consent, as well as for the sake of legal proceedings (paragraph 203). The Government is requested to take the necessary measures to bring its legislation into conformity with the aforementioned provision of the Convention, in such a manner as to ensure the efficient protection of workers against possible retaliation by employers, and to overcome the fear of revealing workers’ identity, which constitutes an obstacle to workers’ collaboration with labour inspectors.

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The Committee notes the Government’s report for the period ending 31 July 2000. It would be grateful if the Government would supply further information on the following matters.

1. Safety and service conditions for labour inspectors working in agricultural undertakings. While noting with interest the information concerning the conclusion of agreements between the labour inspectorate and certain public and private institutions such as the national apprenticeship service (SENA), the Colombian family welfare institute (ICBF) and university institutions with a view to providing labour inspectors working in rural zones with the means of transport and technical support necessary for the performance of their duties, the Committee remains concerned at the precarious security situation in respect of working conditions of labour inspectors whose right to life and physical integrity, according to the Government, is constantly threatened in a context of armed conflict. The Committee would be grateful if the government would supply copies of the abovementioned decree relating to means of transport and technical support for labour inspectors and also furnish precise information on any concrete measures taken or contemplated with a view to providing the security necessary for labour inspectors in the performance of their duties.

2. Association of labour inspection services in the preventive control of new plant, new materials or substances and new methods of handling or processing products. While noting that, in conformity with Act No. 100 of 1993, training of workers and employers in the prevention of occupational risks is provided within the framework of the general system of occupational risks, the Committee would be grateful if the Government would supply further information indicating how effect is given to Article 17 of the Convention under which the labour inspection services in agriculture should be associated, in such cases and in such manner as may be determined by the competent authority, in the preventive control of new plant, new materials or substances, and new methods of handling or processing products which appear likely to constitute a threat to health or safety.

3. Articles 19, 26 and 27. Referring to the Government’s report on the application of section 4 of Decree No. 1530 of 1996, the Committee notes that in cases of industrial accidents or occupational illness leading to the worker’s death, the inspection service in association with the joint committee on industrial safety, must carry out an inquiry within 15 days into the causes of the accident or illness and provide a report to the administrative service responsible for occupational risks on which it depends. This service transmits the report, accompanied by its opinion, to the general directorate for further action and possible application of sanctions. Noting that no reference is made in this matter to any notification of pertinent information to the labour inspection services, the Committee reminds the Government that, pursuant to Article 19 of the Convention,the labour inspectorate shall be notified of occupational accidents and cases of occupational disease occurring in the agricultural sector in such cases and in such manner as may be prescribed by national laws or regulations (paragraph 1) and that, as far as possible, inspectors shall be associated with any enquiry on the spot into the causes of the most serious occupational accidents or occupational diseases, particularly of those which affect a number of workers or have fatal consequences (paragraph 2). The Committee also recalls that statistics of occupational accidents and occupational diseases must be included among the information provided by the central inspection authority in the annual report for which the times for communication to the ILO as well as the content are set out in Articles 26 and 27 of the Convention.The Committee notes with regret, once again, that no such report has been communicated to the ILO. It therefore requests the Government to supply in its next report specific information on how effect is given to Article 19, paragraphs 1 and 2, and to take the necessary measures, as speedily as possible, with a view to ensuring fulfilment by thecentral labour authority for inspection in agriculture of its obligation to prepare, publish and communicate an annual report in compliance with the form and content set out in Articles 26 and 27.

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

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The Committee notes the Government's reports for the period ending June 1998. With reference also to the report provided under article 22 of the ILO Constitution concerning the application of the Labour Inspection Convention, 1947 (No. 81), and the attached documentation, the Committee notes the establishment, under Decree No. 1128 of 29 June 1999 to restructure the Ministry of Labour and Social Security, of a special inspection, supervision and monitoring unit, which appears to respond to the criteria defining the competent authority set out in Article 7 of the Convention.

However, the Committee notes that the provisions concerning the functions of the special unit are worded in terms which do not distinguish inspection activities that are specific to the agricultural sector. Among its many functions, the special unit is responsible for implementing plans and programmes relating to rural workers, informal sector workers and self-employed workers and for promoting the application of the legislative provisions which are applicable to them. In its report for the period ending 30 June 1996, the Government indicated the establishment of the special labour department responsible, among other matters, for agricultural workers, for participating in programmes concerning them and for promoting the application of labour legislation. The Government reports, among the activities undertaken by the above structure, surveys on labour inspection in the agricultural sector and the preparation of compilations of workers' rights. The Committee would be grateful if the Government would provide information on the outcome of the surveys carried out and on the action envisaged to improve labour inspection in agriculture with a view to improving the protection of agricultural workers. The Committee also requests the Government to provide detailed information on the impact of Decree No. 1128 above on labour inspection in agriculture and to provide a copy of any text issued in this respect.

The Committee would be grateful if the Government would indicate whether, as envisaged in Article 10, labour inspection duties are assigned to women inspectors in the agricultural sector, particularly with regard to the functions of assistance and supervision set out in Article 6, paragraph 2, and in relation to the application of legal provisions respecting the conditions of life of workers and their families.

The Government is also requested to take the necessary measures to transmit to the ILO an annual report on the work of the inspection services in agriculture in the form and within the time limits set out in Article 26, containing information on the subjects enumerated in Article 27.

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Further to its observation, the Committee would be grateful if the following information were provided in its next report.

Article 8. This question is raised under Convention No. 81, Article 6, as follows:

Articles 6 and 11(b). (1) The Committee notes that the desired transport facilities have not been provided for inspectors; reliance is sometimes placed on enterprises or unions. Please indicate any progress made so that reliance is not placed upon employers or workers' organisations for their transport. (2) The Committee notes from the report on Convention No. 129 that not all members of the labour inspectorate are career officials. Please clarify how the stability and independence of all inspection staff are ensured in these circumstances.

Article 15. See under Convention No. 81, Article 11(b), as follows:

Articles 6 and 11(b). (1) The Committee notes that the desired transport facilities have not been provided for inspectors; reliance is sometimes placed on enterprises or unions. Please indicate any progress made so that reliance is not placed upon employers or workers' organisations for their transport. (2) The Committee notes from the report on Convention No. 129 that not all members of the labour inspectorate are career officials. Please clarify how the stability and independence of all inspection staff are ensured in these circumstances.

Article 19. See under Convention No. 81, Article 14, as follows:

Article 14. The Committee notes that industrial accidents and occupational diseases are not always notifed to the Ministry of Labour. Please indicate any measures proposed to ensure that inspectors are duly notified and can thus exercise their functions correctly.

Article 20. See under Convention No. 81, Article 15(c), as follows:

Article 15(c). Further to previous comments, the Committee notes the statement that the principle of confidentiality referred to in this Article is observed in practice. The Government also refers (for the first time) to Decree No. 1489 of 1952. Please indicate whether this Decree applies to labour inspectors and the labour inspectorate, and provide a full copy.

Articles 26 and 27. See observation under Convention No. 81, as follows:

Articles 16, 20 and 21 of the Convention. With reference to its previous comments, the Committee notes the labour statistics provided in Bulletin No. 33-34 of the Ministry of Labour and Social Security, which covers 1988 but only partially responds to the requirements of the Convention. The Bulletin indicates that the number of inspection visits made decreased in 1988, and most were in the commercial sector (excluded by Colombia from its acceptance of the Convention). The number of violations of legislation reported was also lower.

The Committee recalls the Convention's requirement that workplaces should be inspected as often and as thoroughly as necessary; and the importance of compiling annual reports on the activities of the inspection services containing detailed information on all the subjects required by the Convention, so that the manner in which the Convention is being applied can be appreciated. It once again expresses the hope that remedial measures will be taken by the Government.

The Committee is also addressing a direct request to the Government concerning application of Articles 3, paragraph 2; 5(a); 6 and 11(b); 7; 14; 15(c).

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Articles 1, 4, 14, 18 and 21 of the Convention. The Committee notes from the new information provided by the Government that only undertakings with a highly profitable infrastructure are considered "agricultural undertakings" and inspected as such. At the same time, the "intermediate sector" employs during harvest time young persons and women who are said to be unprotected as regards occupational safety and health. The Committee would be glad if the Government would indicate what measures are proposed to ensure that the system of labour inspection will in future apply to all agricultural undertakings as defined in the Convention.

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Article 20(c) of the Convention. See direct request under Convention No. 81, as follows:

Article 15(c) of the Convention. In its reply to the Committee's comments, the Government asks how effect can be given to this provision of the Convention without infringing the rights of the public, deriving from Act No. 57 of 1985 respecting the public nature of official acts and documents.

The Committee notes that, under section 12 of the above Act, all persons have the right to consult official documents provided that access to them is not restricted by law. Since the non-fulfilment by labour inspectors of their fundamental obligation to treat as confidential the source of any complaint that has prompted a visit of inspection could have particularly serious consequences for the workers (see the General Survey of 1985 on labour inspection, paragraphs 201 and 202), the Committee trusts that the Government will shortly take the necessary measures to make this obligation statutory.

Article 16. The Committee wishes to point out yet again that, in the absence of any information on the number of workplaces liable to inspection, it is unable to ascertain the extent to which effect is given to this provision of the Convention on the basis of statistics of the workplaces inspected, published in the periodical bulletins transmitted by the Government. Consequently, it again requests the Government to provide all the necessary information in its next report to enable it to assess the extent to which effect is given to this provision of the Convention.

Articles 26 and 27. See observation under Convention No. 81, as follows:

Articles 20 and 21 of the Convention. With reference to its previous comments, the Committee notes that under section 57(9) of Decree No. 1422 of 1989 concerning the restructuring of the Ministry of Labour and Social Security, the General Inspection Directorate is responsible for collecting, processing and analysing information on inspection work at national and regional levels. Accordingly, the Committee hopes that it will be possible for annual reports on the activities of the inspection services containing detailed information on all the subjects listed at Article 21 to be published and transmitted to the International Labour Office within the period laid down at Article 20.

The Committee is also addressing a direct request to the Government concerning the application of Articles 15(c) and 16 of the Convention.