Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes the Government’s report which was received by the ILO on 18 December 2008, too late for it to be examined at the Committee’s previous session, and for this reason it repeated its previous comments. However, it notes that the information supplied constitutes only a partial reply and is therefore bound to ask the Government once again to provide additional information on the following points.

Article 18 of the Convention. Proceedings in respect of violations of the legal provisions enforceable by labour inspectors and the obstruction of labour inspectors in the performance of their duties. The Committee would be grateful if the Government would provide a copy of any court decisions given against employers guilty of violations of legal provisions enforceable by labour inspectors or, in pursuance of sections 227, 228, 229 and 249 of the Labour Code, acts involving the obstruction of the performance of inspection duties.

Article 19. Periodical reports by the inspection services. Noting that, according to the Government, each year, at the request of the General Labour Directorate, quarterly and annual activity reports are prepared by the inspection services, the Committee would be grateful if the Government would provide copies of these reports.

Articles 20 and 21. Annual report on the work of the inspection services. In reference to the Government’s commitment to do its utmost to attenuate the difficulties in applying the Convention, the Committee once again emphasizes that in order to do this, measures must be taken to centralize the information required under Article 21 with a view to preparing an annual labour inspection report, the main purpose of which is to serve as a basis for the periodical assessment by the central inspection authority of the adequacy of the available resources in relation to needs and, consequently, to determine priority areas of action. The Committee once again reminds the Government of the possibility of requesting technical assistance from the ILO, as well as international financial aid, with a view to establishing the material and institutional conditions necessary for the publication of such a report. In its 2004 direct request, the Committee urged the Government to make the necessary efforts to implement measures designed to enable the central inspection authority to discharge its obligation in this respect and pointed out that the annual inspection report should be as detailed as possible and contain precise information on human, logistical, practical or other difficulties explaining deficiencies in the services. Since the Government has not reported any progress in this area, the Committee requests that it quickly takes the necessary measures and keeps the Office duly informed in this respect.

Monitoring of child labour and publication of an annual inspection report. The Government’s report does not provide any information in reply to the Committee’s previous comments on the delicate aspects of procedures for removing children from the workplace under Decree No. 000031 of 8 January 2002. The Committee would be grateful if the Government would provide information on the measures taken, on the one hand, to adopt the texts necessary for the implementation of Decree No. 000031 such as are referred to in its section 6, and, on the other hand, to provide the labour inspectors who participate in operations to remove children from the workplace with appropriate and specific technical and psychological training. It would be grateful if the Government would supplement this information with copies of any relevant texts.

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

The Committee hopes that the Government will do its utmost to take the necessary measures in the very near future.