Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

Referring also to its observation, and noting that, in its report on Convention No. 182, the Government stated that a special inspectorate responsible for combating the labour of minors had been set up within the Ministry of Labour, the Committee requests the Government to provide information on the tasks assigned to this commission and on the means placed at its disposal, or which it is envisaged to place at its disposal, to enable it to accomplish them.

The Committee notes that, under Decree No. 000031 of 8 January 2002, inspectors, like the personnel of the security forces, have the power to remove children from any person or persons exploiting them and that they, as well as labour controllers, have the obligation to report any fact which constitutes the employment of minors. Section 6 of the Decree provides that it should be accompanied by implementing texts. The Committee would like to draw the Government’s attention to the fact that, particularly in an area as sensitive as the fight against child labour, it is essential that inspectors and officials of law and order authorized to remove children from exploitation can accomplish their tasks without exposing these children to additional risks or treatment which conflicts with the objective pursued and without running personal risks. For this reason the greatest precautions should be taken in drafting the texts that these officials have to apply. First of all, the educational and preventive aspects which form part of the duties of the labour inspectorate, apart from its repressive aspect, should not be forgotten. It is also important that the presence of a labour inspector should not be perceived as a source of potential danger by the very persons who are supposed to be protected by that presence. It is therefore essential that appropriate training is given to labour inspectors and controllers, and the texts implementing the abovementioned Decree must contain relevant provisions on the basis of which operations to physically remove children from their employer(s) will be conducted with the support and psychological assistance of social workers trained in the protection of young people, in such a way as to avoid causing additional trauma to the children concerned.

While grateful to the Government for the information provided concerning the composition of the staff of the labour inspection services and of the general details concerning their geographical distribution, the Committee emphasizes that such information is only useful for the purposes of the Convention if it is supplemented by the other information required by Article 21 of the Convention. All this information thus constitutes a basis for the periodic evaluation by the central inspection authority of the appropriateness of the resources of the inspection services in the light of requirements and the resulting identification of priorities for relevant action. Published in the form of an annual report and communicated to the ILO, as laid down by Article 21, they would enable the ILO’s supervisory bodies to assess the level of application of the Convention and to maintain a constructive dialogue with the Government, with the participation of the social partners, with a view to making gradual improvements to it. The Committee also recalls the possibility of requesting technical assistance from the ILO for this purpose, as well as international financial aid. It urges the Government to make the necessary efforts to implement measures designed to enable the central inspection authority to discharge its obligation to publish and communicate as detailed an annual inspection report as possible, containing not only information available on each of the points listed in Article 21 but also precise information on human, logistical, practical or other difficulties, explaining deficiencies in the services. The Government is asked to keep the Office informed of any progress in this regard.