Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee takes note of the Government’s last reports. It notes that the Government’s reports reiterate the information on the legal provisions that apply the Convention, whose conformity with the requirements set forth by the Convention had already been noted by the Committee. The Committee however observes that the Government does not refer to the issue raised in its previous comments, which focused largely on the comments made by the Association of Customs Officials (Asociación Sindical de Empleadores Publicos Aduaneros-ASEPA) observing that customs employees (aduaneros), by virtue of the Executive Decree No. 231116-MP could be transferred, because of the nature of their functions, to different places of the country, and if the need arises, without any time limits. In some cases, they can be exposed to heat, cold, dust, humidity, noise, toxic gases, and small and uncomfortable places. They can likewise be exposed to eye strain, bruises, burns and other risks. The Committee, with reference to the provisions of Convention No. 120, recalled that, under Article 1 of the Convention, the provisions are to apply to trading establishments; establishments, institutions and administrative services in which the workers are mainly engaged in office work; and, in so far as they are not subject to national laws or regulations or other arrangements concerning hygiene in industry, mines, transport or agriculture, any departments of other establishments, institutions or administrative services in which departments the workers are mainly engaged in commerce or office work. The Committee further noted that under Article 17 of the Convention, workers shall be protected by appropriate and practicable measures against substances, processes and techniques which are obnoxious, unhealthy or toxic, or for any reason harmful. The Committee notes again that the Government has not provided yet its view on the matters raised by ASEPA. The Committee, while noting the period of time elapsed since ASEPA has supplied its comments, requests the Government to indicate the measures taken to improve the working conditions as regards the hygiene of customs workers. It further urges the Government to include in its next report the information as required on the application of the Convention to customs workers.