Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee refers to the discussion in the Committee on the Application of Standards at the 91st Session of the Conference in June 2003, and once again notes with regret that the Government’s report has not been received.

In its previous comments, the Committee reiterated its concern that the health, social and economic situation may affect the workers’ rights laid down in the Convention. It noted in particular that the decentralization of the labour inspectorate implemented in 1995 with an extensive devolution of functions to local governments had not only aggravated the social situation but was contrary to the Convention. The Committee emphasized that decentralization is incompatible with the requirement that a central authority must be responsible for the supervision and control of the labour inspection system (Article 4) and with the national and international objective of formulating an annual report of inspection activities. The Committee invited the Government to refer to the discussion on this matter in its General Survey of 1985 on labour inspection (paragraphs 273 et seq.) and requested it to provide regular information on the actions envisaged to establish a system of labour inspection which complies with the Convention, that is, a system which is under the control and supervision of a central authority and involves the cooperation and collaboration of the social partners and the public and private institutions concerned.

The Committee also noted that the lack of material and logistical means, particularly in transport, of the inspection services in a number of districts made it impossible for inspectors to discharge their supervisory functions in the workplaces liable to inspection, and might encourage employers to neglect their legal obligations with respect to working conditions, including in occupational health and safety matters. The Committee expressed the hope that measures would be taken by the Government, possibly with international assistance, to ensure that the part of the budget allocated to labour inspection was commensurate with the importance of the objectives set by the Convention.

In the Conference Committee of June 2003 the Government undertook to supply relevant information to this Committee. The Conference Committee invited the Government also to provide information showing that it was meeting its obligations, both in law and in practice. Noting that the Government had requested ILO technical assistance, the Committee also expressed the hope that, in collaboration with the employers’ and workers’ organizations it would take the administrative and financial measures that are essential in order to implement inspection services that meet the requirements of the Convention.

The Committee requests the Government to take the necessary measures as soon as possible with the technical assistance requested.