Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes that the Government’s report does not contain a reply to its previous comments. It notes that the report is confined to indicating that the agricultural sector is largely made up of family undertakings which are not covered by the labour legislation applicable to the sector and that it refers to the report on the application of Convention No. 81. Reminding the Government of the commitments deriving from the ratification of the present Convention and observing once again the absence of specific information on the operation in practice of the labour inspectorate in agriculture, the Committee is therefore bound to reiterate its previous observation on the following matters:

Further to its previous comments, in which it drew the Government’s attention to the need to adapt the activities of the inspection services to the specific features of the agricultural sector, even if these services cover other economic sectors, the Committee notes that nothing appears to have been done in this respect. Moreover, the Government has not been able to provide information, as requested, on the geographical distribution of agricultural undertakings and the workers employed therein. In the absence of such data, no assessment of the extent to which the Convention is applied is possible, either by the national authorities with a view to improving its coverage, or by the ILO supervisory bodies with a view to fulfilling their function in this respect. As the Committee emphasized in its previous observation, an appreciation of the effectiveness of the labour inspection system in agriculture is necessarily based on knowledge of the needs in this area and on the periodical updating of the relevant information. The obligation for inspection units to provide periodical reports on their activities in agricultural undertakings (Article 25 of the Convention) is designed specifically to enable the central inspection authority to follow, supervise and adjust their activities, as well as to allow information on the items listed in Article 27, which are specific to the agricultural sector, to be included in the annual general report on inspection activities required by Article 26. For more than ten years, no report of this nature has been transmitted to the ILO and no data on the number of agricultural undertakings liable to inspection has ever been provided.

With reference to the Government’s indication of the predominance of child labour in agriculture and stock-raising, and that projects to combat this phenomenon mean that labour inspectors are taking on an important role in this field, the Committee suggests that it should take advantage of the implementation of these projects to set in motion measures to revitalize the activities of the labour inspection services in agricultural undertakings. It notes that no information has been provided by the Government in this respect.

The Committee therefore once again requests the Government to ensure that the labour inspection services have access to data on the number and geographical distribution of agricultural undertakings and the workers employed therein, and to specify the geographical distribution of labour inspectors who in practice discharge their duties in agricultural undertakings.

Once again reminding the Government that, when the economic situation of a member State does not allow it to fulfil adequately the requirements of a ratified Convention, it may have recourse to international financial cooperation and the technical assistance of the Office, the Committee requests the Government to provide detailed information on the manner in which effect is given in law and practice to each of the provisions of the Convention and to keep the ILO informed of the difficulties encountered and the measures adopted to resolve them.

The Committee requests the Government to take the required measures rapidly and to provide relevant information and particulars of the difficulties encountered in the implementation of the Convention.