Repetition

Articles 1 and 2 of the Convention. Supervision of conditions of work and the protection of workers in industrial and commercial establishments in export processing zones (EPZs). In its previous comments, the Committee noted that, with a view to remedying the lack of coherence between the provisions of the Labour Code and those of the Export Processing Zones Code with regard to the applicability of the Labour Code to industrial relations within EPZs, the Government intended to submit for its opinion the two legal texts to the National Council for Labour, Employment and Social Security (CONTESS) with a view to their amendment and clarification. In this regard, the Committee notes the Government’s indication in its report that it still intends to consult the CONTESS and have recourse to the technical assistance of the Office to ensure the full application of the Convention. The Government adds that the National Confederation of Employers of Djibouti is opposed to the special treatment of employers in EPZs and that the Federation of Employers of Djibouti is in favour of the application of the Labour Code to employers in EPZs. The Government adds that the Labour Union of Djibouti and the General Union of Djibouti Workers support the revision of the Labour Code for it to be made applicable over the whole of the national territory, including EPZs. The Committee requests the Government to continue providing information on any developments relating to the supervision of conditions of work and the protection of workers in industrial and commercial establishments in EPZs and, where appropriate, to provide a copy of any legislation that is revised or adopted in this regard. Noting the absence of information from the Government concerning the competent authority for the inspection of enterprises operating in EPZs, the Committee once again requests the Government to indicate whether the ports and EPZ authorities are still responsible for their supervision or, if not, to indicate the body responsible for such inspections and to provide information on its activities in practice.

Article 3(2). Impact of additional duties on the discharge of labour inspection functions. The Committee notes the Government’s indication, in reply to its previous request, that the labour inspection services are still experiencing difficulty in discharging their primary duties, including the supervision of the application of legal provisions relating to the improvement of conditions of work and the protection of workers. The activities report of the labour inspectorate for 2014 indicates that 2,133 complaints or requests for the amicable resolution of disputes were received that year, of which 1,386 resulted in conciliation, although a low number of enterprises (32) were inspected by labour inspectors. Recalling that the Committee had previously noted that the inadequacy of the human resources prevented labour inspectors from discharging all the functions of the inspectorate, the Committee once again requests the Government to take the necessary measures to ensure that, in accordance with Article 3(2), the duties other than their primary duties entrusted to inspectors do not interfere with the discharge of the latter, and to provide information on any progress achieved in this regard.

Article 4. Restructuring of the labour inspection system. Further to its previous comments, the Committee notes the adoption of Act No. 107/AN/10/6th of February 2011 on the organization of the Ministry of Employment, Integration and Vocational Training, which raises the labour inspection services to a full department. The Government indicates that, in accordance with section 25 of the Act, a draft Decree on the organization of the labour inspection services and governing the functions of labour inspectors and controllers (assistant inspectors) has been prepared with the technical assistance of the Arab Labour Organization, but that it has not yet been referred to the CONTESS. The Committee requests the Government to continue providing information on the adoption of the Decree and to provide a copy once it has been adopted.

Article 7(3). Training of inspectors. The Committee notes that, in reply to its previous request concerning the training programmes in which labour inspectors participate, the Government indicates that a training course for labour inspectors was organized in 2014 by national experts from the National Institute of Public Administration and that training on international labour standards was provided by the ILO in January 2016. The Committee notes that, according to the activities report for 2014: (i) although the specific conditions of service of public officials provide that training shall be followed at the Regional Labour Administration Centre for qualification as a labour inspector or controller, only two inspectors benefited from this training in 2014; and (ii) the team responsible for the supervision of enterprises has not benefited from training on inspections of enterprises and in relation to occupational safety and health, and the labour inspection service does not have a guide covering inspection procedures. The Committee requests the Government to provide information on the measures adopted or envisaged to ensure that all labour inspectors receive appropriate training for the discharge of their duties, including training in occupational safety and health. In this regard, the Committee requests the Government to continue providing detailed information on the training provided to inspectors.

Articles 10, 11 and 16. Reinforcement of the material resources of the labour inspection system. The Committee notes that, in reply to its previous request, the Government indicates that all material resources are available to labour inspectors, including means of transport. However, the Committee notes that, according to the activities report for 2014: (i) vehicles have been allocated by the Ministry of Labour, but their use is limited due to the lack of resources for fuel; and (ii) a documentation and archives room has been equipped, but does not yet have the necessary personnel to create a website for the inspection services or for the maintenance of computers, printers and photocopiers. The Committee requests the Government to provide information on the measures adopted or envisaged to reinforce the material resources of the labour inspection system and to provide information on this subject.

Articles 20 and 21. Publication, communication and content of the annual inspection report. The Committee noted previously that, since the ratification of the Convention in 1987, the Government has never communicated to the Office an annual report, as required by Articles 20 and 21. In this regard, the Committee notes with interest the communication of the activities report for 2014, which contains information on the activities undertaken in 2014, particularly in the field of conciliation and supervision of the application of the legislation, as well as on the difficulties encountered and prospects for 2015. The Committee hopes that in future the Government will ensure that an annual report on the activities of the labour inspection services is communicated to the ILO and contains information on the laws and regulations relevant to the work of the inspection service (Article 21(a)); statistics of workplaces liable to inspection and the number of workers employed therein (Article 21(c)); statistics of violations and penalties imposed (Article 21(e)); statistics of industrial accidents (Article 21(f)); and statistics of occupational diseases (Article 21(g)).

The Committee recalls that the Government can avail itself of the technical assistance of the Office concerning the issues raised in the application of the above Convention.

Repetition

Articles 1 and 2 of the Convention. Supervision of conditions of work and the protection of workers in industrial and commercial establishments in export processing zones (EPZs). In its previous comments, the Committee noted that, with a view to remedying the lack of coherence between the provisions of the Labour Code and those of the Export Processing Zones Code with regard to the applicability of the Labour Code to industrial relations within EPZs, the Government intended to submit for its opinion the two legal texts to the National Council for Labour, Employment and Social Security (CONTESS) with a view to their amendment and clarification. In this regard, the Committee notes the Government’s indication in its report that it still intends to consult the CONTESS and have recourse to the technical assistance of the Office to ensure the full application of the Convention. The Government adds that the National Confederation of Employers of Djibouti is opposed to the special treatment of employers in EPZs and that the Federation of Employers of Djibouti is in favour of the application of the Labour Code to employers in EPZs. The Government adds that the Labour Union of Djibouti and the General Union of Djibouti Workers support the revision of the Labour Code for it to be made applicable over the whole of the national territory, including EPZs. The Committee requests the Government to continue providing information on any developments relating to the supervision of conditions of work and the protection of workers in industrial and commercial establishments in EPZs and, where appropriate, to provide a copy of any legislation that is revised or adopted in this regard. Noting the absence of information from the Government concerning the competent authority for the inspection of enterprises operating in EPZs, the Committee once again requests the Government to indicate whether the ports and EPZ authorities are still responsible for their supervision or, if not, to indicate the body responsible for such inspections and to provide information on its activities in practice.

Article 3(2). Impact of additional duties on the discharge of labour inspection functions. The Committee notes the Government’s indication, in reply to its previous request, that the labour inspection services are still experiencing difficulty in discharging their primary duties, including the supervision of the application of legal provisions relating to the improvement of conditions of work and the protection of workers. The activities report of the labour inspectorate for 2014 indicates that 2,133 complaints or requests for the amicable resolution of disputes were received that year, of which 1,386 resulted in conciliation, although a low number of enterprises (32) were inspected by labour inspectors. Recalling that the Committee had previously noted that the inadequacy of the human resources prevented labour inspectors from discharging all the functions of the inspectorate, the Committee once again requests the Government to take the necessary measures to ensure that, in accordance with Article 3(2), the duties other than their primary duties entrusted to inspectors do not interfere with the discharge of the latter, and to provide information on any progress achieved in this regard.

Article 4. Restructuring of the labour inspection system. Further to its previous comments, the Committee notes the adoption of Act No. 107/AN/10/6th of February 2011 on the organization of the Ministry of Employment, Integration and Vocational Training, which raises the labour inspection services to a full department. The Government indicates that, in accordance with section 25 of the Act, a draft Decree on the organization of the labour inspection services and governing the functions of labour inspectors and controllers (assistant inspectors) has been prepared with the technical assistance of the Arab Labour Organization, but that it has not yet been referred to the CONTESS. The Committee requests the Government to continue providing information on the adoption of the Decree and to provide a copy once it has been adopted.

Article 7(3). Training of inspectors. The Committee notes that, in reply to its previous request concerning the training programmes in which labour inspectors participate, the Government indicates that a training course for labour inspectors was organized in 2014 by national experts from the National Institute of Public Administration and that training on international labour standards was provided by the ILO in January 2016. The Committee notes that, according to the activities report for 2014: (i) although the specific conditions of service of public officials provide that training shall be followed at the Regional Labour Administration Centre for qualification as a labour inspector or controller, only two inspectors benefited from this training in 2014; and (ii) the team responsible for the supervision of enterprises has not benefited from training on inspections of enterprises and in relation to occupational safety and health, and the labour inspection service does not have a guide covering inspection procedures. The Committee requests the Government to provide information on the measures adopted or envisaged to ensure that all labour inspectors receive appropriate training for the discharge of their duties, including training in occupational safety and health. In this regard, the Committee requests the Government to continue providing detailed information on the training provided to inspectors.

Articles 10, 11 and 16. Reinforcement of the material resources of the labour inspection system. The Committee notes that, in reply to its previous request, the Government indicates that all material resources are available to labour inspectors, including means of transport. However, the Committee notes that, according to the activities report for 2014: (i) vehicles have been allocated by the Ministry of Labour, but their use is limited due to the lack of resources for fuel; and (ii) a documentation and archives room has been equipped, but does not yet have the necessary personnel to create a website for the inspection services or for the maintenance of computers, printers and photocopiers. The Committee requests the Government to provide information on the measures adopted or envisaged to reinforce the material resources of the labour inspection system and to provide information on this subject.

Articles 20 and 21. Publication, communication and content of the annual inspection report. The Committee noted previously that, since the ratification of the Convention in 1987, the Government has never communicated to the Office an annual report, as required by Articles 20 and 21. In this regard, the Committee notes with interest the communication of the activities report for 2014, which contains information on the activities undertaken in 2014, particularly in the field of conciliation and supervision of the application of the legislation, as well as on the difficulties encountered and prospects for 2015. The Committee hopes that in future the Government will ensure that an annual report on the activities of the labour inspection services is communicated to the ILO and contains information on the laws and regulations relevant to the work of the inspection service (Article 21(a)); statistics of workplaces liable to inspection and the number of workers employed therein (Article 21(c)); statistics of violations and penalties imposed (Article 21(e)); statistics of industrial accidents (Article 21(f)); and statistics of occupational diseases (Article 21(g)).

The Committee recalls that the Government can avail itself of the technical assistance of the Office concerning the issues raised in the application of the above Convention.

Repetition

Articles 1 and 2 of the Convention. Supervision of conditions of work and the protection of workers in industrial and commercial establishments in export processing zones (EPZs). In its previous comments, the Committee noted that, with a view to remedying the lack of coherence between the provisions of the Labour Code and those of the Export Processing Zones Code with regard to the applicability of the Labour Code to industrial relations within EPZs, the Government intended to submit for its opinion the two legal texts to the National Council for Labour, Employment and Social Security (CONTESS) with a view to their amendment and clarification. In this regard, the Committee notes the Government’s indication in its report that it still intends to consult the CONTESS and have recourse to the technical assistance of the Office to ensure the full application of the Convention. The Government adds that the National Confederation of Employers of Djibouti is opposed to the special treatment of employers in EPZs and that the Federation of Employers of Djibouti is in favour of the application of the Labour Code to employers in EPZs. The Government adds that the Labour Union of Djibouti and the General Union of Djibouti Workers support the revision of the Labour Code for it to be made applicable over the whole of the national territory, including EPZs. The Committee requests the Government to continue providing information on any developments relating to the supervision of conditions of work and the protection of workers in industrial and commercial establishments in EPZs and, where appropriate, to provide a copy of any legislation that is revised or adopted in this regard. Noting the absence of information from the Government concerning the competent authority for the inspection of enterprises operating in EPZs, the Committee once again requests the Government to indicate whether the ports and EPZ authorities are still responsible for their supervision or, if not, to indicate the body responsible for such inspections and to provide information on its activities in practice.

Article 3(2). Impact of additional duties on the discharge of labour inspection functions. The Committee notes the Government’s indication, in reply to its previous request, that the labour inspection services are still experiencing difficulty in discharging their primary duties, including the supervision of the application of legal provisions relating to the improvement of conditions of work and the protection of workers. The activities report of the labour inspectorate for 2014 indicates that 2,133 complaints or requests for the amicable resolution of disputes were received that year, of which 1,386 resulted in conciliation, although a low number of enterprises (32) were inspected by labour inspectors. Recalling that the Committee had previously noted that the inadequacy of the human resources prevented labour inspectors from discharging all the functions of the inspectorate, the Committee once again requests the Government to take the necessary measures to ensure that, in accordance with Article 3(2), the duties other than their primary duties entrusted to inspectors do not interfere with the discharge of the latter, and to provide information on any progress achieved in this regard.

Article 4. Restructuring of the labour inspection system. Further to its previous comments, the Committee notes the adoption of Act No. 107/AN/10/6th of February 2011 on the organization of the Ministry of Employment, Integration and Vocational Training, which raises the labour inspection services to a full department. The Government indicates that, in accordance with section 25 of the Act, a draft Decree on the organization of the labour inspection services and governing the functions of labour inspectors and controllers (assistant inspectors) has been prepared with the technical assistance of the Arab Labour Organization, but that it has not yet been referred to the CONTESS. The Committee requests the Government to continue providing information on the adoption of the Decree and to provide a copy once it has been adopted.

Article 7(3). Training of inspectors. The Committee notes that, in reply to its previous request concerning the training programmes in which labour inspectors participate, the Government indicates that a training course for labour inspectors was organized in 2014 by national experts from the National Institute of Public Administration and that training on international labour standards was provided by the ILO in January 2016. The Committee notes that, according to the activities report for 2014: (i) although the specific conditions of service of public officials provide that training shall be followed at the Regional Labour Administration Centre for qualification as a labour inspector or controller, only two inspectors benefited from this training in 2014; and (ii) the team responsible for the supervision of enterprises has not benefited from training on inspections of enterprises and in relation to occupational safety and health, and the labour inspection service does not have a guide covering inspection procedures. The Committee requests the Government to provide information on the measures adopted or envisaged to ensure that all labour inspectors receive appropriate training for the discharge of their duties, including training in occupational safety and health. In this regard, the Committee requests the Government to continue providing detailed information on the training provided to inspectors.

Articles 10, 11 and 16. Reinforcement of the material resources of the labour inspection system. The Committee notes that, in reply to its previous request, the Government indicates that all material resources are available to labour inspectors, including means of transport. However, the Committee notes that, according to the activities report for 2014: (i) vehicles have been allocated by the Ministry of Labour, but their use is limited due to the lack of resources for fuel; and (ii) a documentation and archives room has been equipped, but does not yet have the necessary personnel to create a website for the inspection services or for the maintenance of computers, printers and photocopiers. The Committee requests the Government to provide information on the measures adopted or envisaged to reinforce the material resources of the labour inspection system and to provide information on this subject.

Articles 20 and 21. Publication, communication and content of the annual inspection report. The Committee noted previously that, since the ratification of the Convention in 1987, the Government has never communicated to the Office an annual report, as required by Articles 20 and 21. In this regard, the Committee notes with interest the communication of the activities report for 2014, which contains information on the activities undertaken in 2014, particularly in the field of conciliation and supervision of the application of the legislation, as well as on the difficulties encountered and prospects for 2015. The Committee hopes that in future the Government will ensure that an annual report on the activities of the labour inspection services is communicated to the ILO and contains information on the laws and regulations relevant to the work of the inspection service (Article 21(a)); statistics of workplaces liable to inspection and the number of workers employed therein (Article 21(c)); statistics of violations and penalties imposed (Article 21(e)); statistics of industrial accidents (Article 21(f)); and statistics of occupational diseases (Article 21(g)).

The Committee recalls that the Government can avail itself of the technical assistance of the Office concerning the issues raised in the application of the above Conventions.

Repetition

Articles 1 and 2 of the Convention. Supervision of conditions of work and the protection of workers in industrial and commercial establishments in export processing zones (EPZs). In its previous comments, the Committee noted that, with a view to remedying the lack of coherence between the provisions of the Labour Code and those of the Export Processing Zones Code with regard to the applicability of the Labour Code to industrial relations within EPZs, the Government intended to submit for its opinion the two legal texts to the National Council for Labour, Employment and Social Security (CONTESS) with a view to their amendment and clarification. In this regard, the Committee notes the Government’s indication in its report that it still intends to consult the CONTESS and have recourse to the technical assistance of the Office to ensure the full application of the Convention. The Government adds that the National Confederation of Employers of Djibouti is opposed to the special treatment of employers in EPZs and that the Federation of Employers of Djibouti is in favour of the application of the Labour Code to employers in EPZs. The Government adds that the Labour Union of Djibouti and the General Union of Djibouti Workers support the revision of the Labour Code for it to be made applicable over the whole of the national territory, including EPZs. The Committee requests the Government to continue providing information on any developments relating to the supervision of conditions of work and the protection of workers in industrial and commercial establishments in EPZs and, where appropriate, to provide a copy of any legislation that is revised or adopted in this regard. Noting the absence of information from the Government concerning the competent authority for the inspection of enterprises operating in EPZs, the Committee once again requests the Government to indicate whether the ports and EPZ authorities are still responsible for their supervision or, if not, to indicate the body responsible for such inspections and to provide information on its activities in practice.

Article 3(2). Impact of additional duties on the discharge of labour inspection functions. The Committee notes the Government’s indication, in reply to its previous request, that the labour inspection services are still experiencing difficulty in discharging their primary duties, including the supervision of the application of legal provisions relating to the improvement of conditions of work and the protection of workers. The activities report of the labour inspectorate for 2014 indicates that 2,133 complaints or requests for the amicable resolution of disputes were received that year, of which 1,386 resulted in conciliation, although a low number of enterprises (32) were inspected by labour inspectors. Recalling that the Committee had previously noted that the inadequacy of the human resources prevented labour inspectors from discharging all the functions of the inspectorate, the Committee once again requests the Government to take the necessary measures to ensure that, in accordance with Article 3(2), the duties other than their primary duties entrusted to inspectors do not interfere with the discharge of the latter, and to provide information on any progress achieved in this regard.

Article 4. Restructuring of the labour inspection system. Further to its previous comments, the Committee notes the adoption of Act No. 107/AN/10/6th of February 2011 on the organization of the Ministry of Employment, Integration and Vocational Training, which raises the labour inspection services to a full department. The Government indicates that, in accordance with section 25 of the Act, a draft Decree on the organization of the labour inspection services and governing the functions of labour inspectors and controllers (assistant inspectors) has been prepared with the technical assistance of the Arab Labour Organization, but that it has not yet been referred to the CONTESS. The Committee requests the Government to continue providing information on the adoption of the Decree and to provide a copy once it has been adopted.

Article 7(3). Training of inspectors. The Committee notes that, in reply to its previous request concerning the training programmes in which labour inspectors participate, the Government indicates that a training course for labour inspectors was organized in 2014 by national experts from the National Institute of Public Administration and that training on international labour standards was provided by the ILO in January 2016. The Committee notes that, according to the activities report for 2014: (i) although the specific conditions of service of public officials provide that training shall be followed at the Regional Labour Administration Centre for qualification as a labour inspector or controller, only two inspectors benefited from this training in 2014; and (ii) the team responsible for the supervision of enterprises has not benefited from training on inspections of enterprises and in relation to occupational safety and health, and the labour inspection service does not have a guide covering inspection procedures. The Committee requests the Government to provide information on the measures adopted or envisaged to ensure that all labour inspectors receive appropriate training for the discharge of their duties, including training in occupational safety and health. In this regard, the Committee requests the Government to continue providing detailed information on the training provided to inspectors.

Articles 10, 11 and 16. Reinforcement of the material resources of the labour inspection system. The Committee notes that, in reply to its previous request, the Government indicates that all material resources are available to labour inspectors, including means of transport. However, the Committee notes that, according to the activities report for 2014: (i) vehicles have been allocated by the Ministry of Labour, but their use is limited due to the lack of resources for fuel; and (ii) a documentation and archives room has been equipped, but does not yet have the necessary personnel to create a website for the inspection services or for the maintenance of computers, printers and photocopiers. The Committee requests the Government to provide information on the measures adopted or envisaged to reinforce the material resources of the labour inspection system and to provide information on this subject.

Articles 20 and 21. Publication, communication and content of the annual inspection report. The Committee noted previously that, since the ratification of the Convention in 1987, the Government has never communicated to the Office an annual report, as required by Articles 20 and 21. In this regard, the Committee notes with interest the communication of the activities report for 2014, which contains information on the activities undertaken in 2014, particularly in the field of conciliation and supervision of the application of the legislation, as well as on the difficulties encountered and prospects for 2015. The Committee hopes that in future the Government will ensure that an annual report on the activities of the labour inspection services is communicated to the ILO and contains information on the laws and regulations relevant to the work of the inspection service (Article 21(a)); statistics of workplaces liable to inspection and the number of workers employed therein (Article 21(c)); statistics of violations and penalties imposed (Article 21(e)); statistics of industrial accidents (Article 21(f)); and statistics of occupational diseases (Article 21(g)).

The Committee recalls that the Government can avail itself of the technical assistance of the Office concerning the issues raised in the application of the above Conventions.

Repetition

The Committee refers the Government to its observation and wishes to raise the following additional points.

Article 4 of the Convention. Restructuring of the labour inspection system. The Committee notes the information supplied by the Government to the effect that to enable it to perform its functions fully, the former general inspection service, which reported to the Labour Directorate, has been made a directorate in its own right following the recent restructuring in the Ministry of Employment, Integration and Vocational Training (MEIFP) pursuant to Act No. 75/AN/10/6e to organize the aforementioned ministry. According to section 24 of the Act, the Directorate of Labour Inspection and Labour Law will be headed by an inspector general of labour, with the rank of director. Furthermore, pursuant to section 25, a draft decree to organize labour inspection and regulate the duties of labour inspectors and controllers has been drafted and will be submitted to the Council of Ministers. In the absence of any information on the plans, referred to in the Government’s 2008 report, for the establishment of four new inspection divisions, including two in the capital and two others in the interior of the country, the Committee understands that there is still just the one central labour inspectorate. The Committee requests the Government to send the ILO a copy of the abovementioned decree to organize the labour inspection system and regulate the duties of labour inspectors and controllers, pursuant to Act No. 75/AN/10/6e, as soon as it has been adopted. Please give an account of progress made in establishing the new inspection divisions announced in the Government’s 2008 report.

Articles 10, 11 and 16. Strengthening the human and material resources of the labour inspectorate. The Committee notes the information supplied by the Government to the effect that the labour inspectorate’s material resources have been improved by the acquisition of two vehicles and suitable office equipment and that three labour inspectors have been appointed. The inspection system now has four labour inspectors, ten labour controllers, two secretaries and a janitor. The Committee asks the Government to continue to provide information on the human resources of the labour inspectorate. It asks the Government to provide detailed information on the transport facilities available to labour inspectors for duty travel and the amount of their travel costs and the reimbursement arrangements, if any. The Government is asked to describe the material conditions of work of inspectors in terms of offices and office equipment (telephones, photocopiers, computers, measuring instruments, etc.).

Article 7(3). Training of inspectors. The Committee notes that the Government continues to seek ILO technical assistance for the training of labour inspectors and controllers. It notes that training courses are being scheduled at the Turin Centre. The Committee requests the Government to provide any available details of training courses attended (subjects covered, length of training, number of participants, etc.).

Repetition

Articles 1 and 2 of the Convention. Supervision of working conditions and protection of workers in industrial and commercial establishments in export processing zones. The Committee noted in its previous comments that according to section 1 of the Labour Code, the Code applies throughout the national territory except in export processing zones (EPZs), which are governed by the EPZ Code. The Committee noted, however, that pursuant to section 31 of the EPZ Code, issued by Act No. 53/AN/04/5e L of 17 May 2004, “the Djibouti Labour Code governs labour relations in the export processing zones”. In its report, the Government observes that the two provisions are contradictory and that the texts of both laws will be submitted to the National Council for Labour, Employment and Social Security (CONTESS) for an opinion, with a view to their amendment and clarification. The Government is asked to keep the ILO informed of any developments in this area, including any steps taken to amend and clarify the legislation on EPZs, and to provide a copy of the relevant texts where applicable. The Committee also asks the Government to indicate whether the ports and EPZ authorities are still responsible for the supervision of enterprises operating in EPZs or, if this is no longer the case, to indicate the body in charge of such inspection and to give a brief account of its activities in practice (inspection visits, infringements reported, legal provisions mentioned, type of penalties imposed, etc.).

Article 3(2). Accumulation of tasks assigned to labour inspectors and its impact on the volume and quality of their inspection duties. The Committee notes the information supplied by the Government to the effect that the work of the inspection services in the area of labour legislation continues to focus mostly on teaching (advice and information) and conciliation, with less emphasis on supervision and enforcement. As far as additional duties are concerned, the inspection services are involved in monitoring foreign workers without work permits and approving new interoccupational agreements and enterprise agreements, while ensuring that they are in conformity with the relevant legislation. According to the Government, it is impossible for the inspectorate to fulfil all the functions assigned to it, which include the prosecution of offenders, owing to inadequate human resources. The Government is nevertheless confident that with the recent strengthening of human and material resources, labour inspectors will be able to fully perform their duties. The Government states that it will take the necessary steps to establish the Arbitration Council to resolve collective labour disputes, provided for under section 181 of the Labour Code. The Committee notes, however, that this Council may intervene only after the labour inspector or director has attempted conciliation and referred the dispute to it within eight clear days (section 180 of the Labour Code).

The Committee reminds the Government of the primary functions of labour inspectors under Article 3(1) of the Convention (secure the enforcement of the legal provisions relating to conditions of work and the protection of workers and advice to employers and workers) and of the guidance provided in Paragraph 8 of the Labour Inspection Recommendation, 1947 (No. 81), according to which “the functions of labour inspectors should not include that of acting as conciliator or arbitrator in proceedings concerning labour disputes”. Furthermore, the Committee refers to paragraphs 76–78 of its 2006 General Survey on labour inspection, which states that the primary function of labour inspectors is to protect workers and not to enforce immigration law. Consequently, the Committee requests the Government to provide an estimate of the time and resources spent by labour inspectors on their primary functions as defined under Article 3(1) in relation to any additional functions they might be called upon to undertake. The Committee hopes, especially in view of the limited human resources available to the labour inspection services, that the Government will take the necessary steps to ensure that, in accordance with Article 3(2), duties entrusted to labour inspectors other than their primary duties, do not interfere with the performance of the latter.

Articles 20 and 21. Publication, communication and content of the annual inspection report. The Committee notes with concern that since the ratification of the Convention in 1978, the Government has sent no annual report to the ILO as required by Articles 20 and 21 of the Convention. Referring in this connection to its general observation of 2010, the Committee again points out that the annual inspection report offers an indispensable basis for evaluating the effectiveness of the labour inspection services and identifying the means needed to improve their effectiveness, which include, inter alia, the determination of adequate budgetary appropriations. The Committee therefore urges the Government to take all necessary steps to ensure that an annual inspection report is published and communicated to the ILO within the time limit set in Article 20 of the Convention, and that it contains the information required under Article 21(a)–(g).

In any event, the Committee requests the Government in its next report to provide information that is as detailed as possible on the number of industrial and commercial work places liable to inspection, the number of labour inspectors and controllers and the number of inspection visits carried out and the results thereof (number of infringements recorded, regulatory or legislative provisions concerned, penalties applied, etc.). The Committee reminds the Government that it may seek ILO technical assistance to this end.

Repetition

In its previous comments, the Committee referred to comments made by the General Union of Djibouti Workers (UGTD) in 2007 calling for an urgent review of the labour inspection system and the strengthening of its resources. In the absence of any recent statistics on the working of the labour inspectorate, the Committee also asked the Government to report in as much detail as possible on the following matters: (i) the supervision of working conditions and the protection of workers in enterprises in export processing zones excluded from the scope of the new Labour Code by section 1 of the Code; (ii) the impact of the conciliation work carried out by labour inspectors on the volume and quality of their inspection duties (Article 3(2) of the Convention); (iii) human resources and means of action of the labour inspectorate in relation to the requirement of Article 16 that workplaces shall be visited as often and as thoroughly as necessary; and (iv) the need to give effect to Articles 20 and 21 concerning the requirement that the central inspection authority shall publish and communicate to the ILO an annual general report on the work of the inspection services.

On the basis of the information sent by the Government, the Committee wishes to draw attention to the following points.

Articles 1 and 2 of the Convention. Supervision of working conditions and protection of workers in industrial and commercial establishments in export processing zones. The Committee noted in its previous comments that, under section 1 of the Labour Code, the Code applies throughout the national territory except in export processing zones (EPZs) which are governed by special legislation. According to the Government, not only are the EPZs beyond the competence of the labour inspectorate but the legislation applying to them, which has prompted objections in the country, grants excessive privileges to employers at the expense of the workers. The Government explains that supervision of the enterprises allowed to operate in EPZs is the responsibility of the ports and EPZs authorities, which also issue visas for foreign workers and deal with any disputes regarding the election of staff delegates in the zones. The Committee notes, however, that pursuant to section 31 of the EPZ Code issued by Act No. 53/AN/04 of 17 May 2004, “the Djibouti Labour Code governs labour relations in the export processing zones”, and that the legislation on EPZs available at the ILO contains no provisions on this subject. The Government is asked to indicate whether section 31 of the EPZ Code has been repealed and if so, to provide the relevant text, and in any event to provide copies of the texts governing the working conditions and protection of the workers occupied in establishments in the EPZs together with the legal provisions respecting their enforcement.

Articles 3(1)(a) and (b), and 17. Need to ensure a balance between the enforcement and advisory functions of labour inspection. According to the Government, the work of inspection services pertaining to labour legislation focuses largely on persuasion and information. The Committee nonetheless notes that the national legislation contains, as the Convention requires, a whole set of legal provisions that also enable inspectors to prosecute those who are in breach of the law on working conditions. In paragraph 279 of its General Survey of 2006 on labour inspection, the Committee pointed out in this connection that although advice and information can only encourage compliance with legal provisions, it should nonetheless be accompanied by an enforcement mechanism enabling those guilty of violations reported by labour inspectors to be prosecuted. In keeping with its assertion that no labour legislation, however developed it may be, can exist for long without an effective labour inspection system, the Government should ensure that the inspection system is able to make use of all means of action available to it under the law to attain its objectives. A balance between the advisory and enforcement roles of the inspection services would, without doubt, contribute to reducing the number and scale of labour disputes. The Committee accordingly asks the Government to take the appropriate steps to ensure that, where necessary, inspectors exercise in practice the authority conferred by Article 17 of the Convention, to which section 196 of the Labour Code gives effect, themselves to initiate legal action before the competent jurisdiction against those who breach labour laws and regulations, on the basis of the provisions of Title IX of the Code which defines offences and establishes the penalties applying to them.

Article 3(2). Accumulation of tasks assigned to labour inspectors and its impact on the volume and quality of their inspection duties. In its observations of 2007, the UGTD expressed the view that in future the duties of the inspectorate should encompass conciliation and prevention. The Committee drew the Government’s attention in this connection to Article 3(2), which places restrictions on the additional duties that may be required of labour inspectors, and asked the Government to send the Office information on the manner in which observance of this provision is ensured. The Government acknowledges that workplace inspection has its shortcomings. Furthermore, the data the Government provided on the work of the inspectorate in the area of occupational safety and health are slight in comparison with those pertaining to the settlement of individual and collective labour disputes. The Government nonetheless hopes that in future, the labour inspection service will be able to conduct three visits a week. The Committee notes this information with concern, observing that it bears out the UGTD’s assertion that the labour inspection system needs to be reviewed and strengthened so that it can perform its duties fully. It furthermore regrets that it has not been informed of the number of workplaces subject to inspection and is therefore unable to assess the extent to which the needs for inspection are covered. Observing that the time and energy that labour inspectors spend in attempting to settle collective labour disputes interfere with the performance of their primary duties, the Committee suggests, in paragraph 74 of its General Survey mentioned above, that conciliation or mediation in collective labour disputes be entrusted to a specialized body or officials. It notes in this connection that section 181 of the new Labour Code in fact provides for the establishment of an arbitration council to hear collective labour disputes that conciliation has failed to settle. It notes, however, that the Council will hear the dispute only after the labour inspector or labour director has attempted conciliation and referred the matter to it within eight full days (section 180 of the Code). The Committee reminds the Government of the specific warning in Paragraph 8 of Recommendation No. 81 that “the functions of labour inspectors should not include that of acting as conciliator or arbitrator in proceedings concerning labour disputes” and it urges the Government to envisage taking steps to relieve inspectors of their role as preliminary conciliators in labour disputes. It would be grateful if the Government would also take measures to ensure, as required by Article 16 of the Convention, that the strength of the inspectorate is sufficient to cover the workplaces liable to inspection and send the Office information with as much supporting documentation as possible on all progress made in this matter and on any difficulties encountered.

Articles 10, 11 and 16. Reinforcement of the labour inspection system. The Committee notes that in order to reinforce the labour inspection system, the Government plans to create four new sections of the inspectorate, two in the capital and two in the interior of the country, and to take advantage of technical support from the ILO Subregional Office in Addis Ababa to organize a training course for labour controllers and the single labour inspector at the ILO International Training Centre in Turin. It also notes that the Government is examining possibilities for cooperation between the labour inspectorate and the competent medical and technical institutions, and that a tripartite workshop on Convention No. 81 was to be organized by the ILO subregional office in 2008. The Committee hopes that the Government will not fail to keep the ILO informed of any developments relative to any of these matters.

Further to its previous comments, the Committee once again asks the Government to provide the most recent data available on the number and geographical distribution of the workplaces liable to inspection (including mines and quarries), the number of workers employed therein and the transport facilities available to the labour inspector and labour controllers for duty travel.

Such information is essential to the central inspection authority in evaluating the human and material resources needed in order to attain the objectives of labour inspection and hence to estimating the funding of the inspectorate in the national budget.

Articles 20 and 21. Publication, communication and content of the annual inspection report. While taking note of the table of statistics attached to the Government’s report on the work of the inspection services, the Committee observes that it covers a period of five years and that, in terms of activities and results, it is not sufficiently specific or relevant to be of use in evaluating the operation and efficiency of the labour inspection system. The Committee is therefore once again bound to ask the Government to take the necessary measures for the publication of an annual inspection report, as provided in section 192 of the Labour Code, within the time limits prescribed in Article 20 and containing the information required by Article 21. Emphasizing that such a report is an essential tool in evaluating the efficiency of the inspection system and in identifying the resources required for its improvement, in particular through appropriate budgetary estimates, the Committee requests the Government to pay due attention to the indications in Part IV of the Labour Inspection Recommendation, 1947 (No. 81), as to the level of detail that would be appropriate in the information required by clauses (a) to (g) of Article 21 of the Convention. It recalls that it may request ILO technical assistance for this purpose.

Repetition

In its previous comments, the Committee referred to comments made by the General Union of Djibouti Workers (UGTD) in 2007 calling for an urgent review of the labour inspection system and the strengthening of its resources. In the absence of any recent statistics on the working of the labour inspectorate, the Committee also asked the Government to report in as much detail as possible on the following matters: (i) the supervision of working conditions and the protection of workers in enterprises in export processing zones excluded from the scope of the new Labour Code by section 1 of the Code; (ii) the impact of the conciliation work carried out by labour inspectors on the volume and quality of their inspection duties (Article 3(2) of the Convention); (iii) human resources and means of action of the labour inspectorate in relation to the requirement of Article 16 that workplaces shall be visited as often and as thoroughly as necessary; and (iv) the need to give effect to Articles 20 and 21 concerning the requirement that the central inspection authority shall publish and communicate to the ILO an annual general report on the work of the inspection services.

On the basis of the information sent by the Government, the Committee wishes to draw attention to the following points.

Articles 1 and 2 of the Convention. Supervision of working conditions and protection of workers in industrial and commercial establishments in export processing zones. The Committee noted in its previous comments that, under section 1 of the Labour Code, the Code applies throughout the national territory except in export processing zones (EPZs) which are governed by special legislation. According to the Government, not only are the EPZs beyond the competence of the labour inspectorate but the legislation applying to them, which has prompted objections in the country, grants excessive privileges to employers at the expense of the workers. The Government explains that supervision of the enterprises allowed to operate in EPZs is the responsibility of the ports and EPZs authorities, which also issue visas for foreign workers and deal with any disputes regarding the election of staff delegates in the zones. The Committee notes, however, that pursuant to section 31 of the EPZ Code issued by Act No. 53/AN/04 of 17 May 2004, “the Djibouti Labour Code governs labour relations in the export processing zones”, and that the legislation on EPZs available at the ILO contains no provisions on this subject. The Government is asked to indicate whether section 31 of the EPZ Code has been repealed and if so, to provide the relevant text, and in any event to provide copies of the texts governing the working conditions and protection of the workers occupied in establishments in the EPZs together with the legal provisions respecting their enforcement.

Articles 3(1)(a) and (b), and 17. Need to ensure a balance between the enforcement and advisory functions of labour inspection. According to the Government, the work of inspection services pertaining to labour legislation focuses largely on persuasion and information. The Committee nonetheless notes that the national legislation contains, as the Convention requires, a whole set of legal provisions that also enable inspectors to prosecute those who are in breach of the law on working conditions. In paragraph 279 of its General Survey of 2006 on labour inspection, the Committee pointed out in this connection that although advice and information can only encourage compliance with legal provisions, it should nonetheless be accompanied by an enforcement mechanism enabling those guilty of violations reported by labour inspectors to be prosecuted. In keeping with its assertion that no labour legislation, however developed it may be, can exist for long without an effective labour inspection system, the Government should ensure that the inspection system is able to make use of all means of action available to it under the law to attain its objectives. A balance between the advisory and enforcement roles of the inspection services would, without doubt, contribute to reducing the number and scale of labour disputes. The Committee accordingly asks the Government to take the appropriate steps to ensure that, where necessary, inspectors exercise in practice the authority conferred by Article 17 of the Convention, to which section 196 of the Labour Code gives effect, themselves to initiate legal action before the competent jurisdiction against those who breach labour laws and regulations, on the basis of the provisions of Title IX of the Code which defines offences and establishes the penalties applying to them.

Article 3(2). Accumulation of tasks assigned to labour inspectors and its impact on the volume and quality of their inspection duties. In its observations of 2007, the UGTD expressed the view that in future the duties of the inspectorate should encompass conciliation and prevention. The Committee drew the Government’s attention in this connection to Article 3(2), which places restrictions on the additional duties that may be required of labour inspectors, and asked the Government to send the Office information on the manner in which observance of this provision is ensured. The Government acknowledges that workplace inspection has its shortcomings. Furthermore, the data the Government provided on the work of the inspectorate in the area of occupational safety and health are slight in comparison with those pertaining to the settlement of individual and collective labour disputes. The Government nonetheless hopes that in future, the labour inspection service will be able to conduct three visits a week. The Committee notes this information with concern, observing that it bears out the UGTD’s assertion that the labour inspection system needs to be reviewed and strengthened so that it can perform its duties fully. It furthermore regrets that it has not been informed of the number of workplaces subject to inspection and is therefore unable to assess the extent to which the needs for inspection are covered. Observing that the time and energy that labour inspectors spend in attempting to settle collective labour disputes interfere with the performance of their primary duties, the Committee suggests, in paragraph 74 of its General Survey mentioned above, that conciliation or mediation in collective labour disputes be entrusted to a specialized body or officials. It notes in this connection that section 181 of the new Labour Code in fact provides for the establishment of an arbitration council to hear collective labour disputes that conciliation has failed to settle. It notes, however, that the Council will hear the dispute only after the labour inspector or labour director has attempted conciliation and referred the matter to it within eight full days (section 180 of the Code). The Committee reminds the Government of the specific warning in Paragraph 8 of Recommendation No. 81 that “the functions of labour inspectors should not include that of acting as conciliator or arbitrator in proceedings concerning labour disputes” and it urges the Government to envisage taking steps to relieve inspectors of their role as preliminary conciliators in labour disputes. It would be grateful if the Government would also take measures to ensure, as required by Article 16 of the Convention, that the strength of the inspectorate is sufficient to cover the workplaces liable to inspection and send the Office information with as much supporting documentation as possible on all progress made in this matter and on any difficulties encountered.

Articles 10, 11 and 16. Reinforcement of the labour inspection system. The Committee notes that in order to reinforce the labour inspection system, the Government plans to create four new sections of the inspectorate, two in the capital and two in the interior of the country, and to take advantage of technical support from the ILO Subregional Office in Addis Ababa to organize a training course for labour controllers and the single labour inspector at the ILO International Training Centre in Turin. It also notes that the Government is examining possibilities for cooperation between the labour inspectorate and the competent medical and technical institutions, and that a tripartite workshop on Convention No. 81 was to be organized by the ILO subregional office in 2008. The Committee hopes that the Government will not fail to keep the ILO informed of any developments relative to any of these matters.

Further to its previous comments, the Committee once again asks the Government to provide the most recent data available on the number and geographical distribution of the workplaces liable to inspection (including mines and quarries), the number of workers employed therein and the transport facilities available to the labour inspector and labour controllers for duty travel.

Such information is essential to the central inspection authority in evaluating the human and material resources needed in order to attain the objectives of labour inspection and hence to estimating the funding of the inspectorate in the national budget.

Articles 20 and 21. Publication, communication and content of the annual inspection report. While taking note of the table of statistics attached to the Government’s report on the work of the inspection services, the Committee observes that it covers a period of five years and that, in terms of activities and results, it is not sufficiently specific or relevant to be of use in evaluating the operation and efficiency of the labour inspection system. The Committee is therefore once again bound to ask the Government to take the necessary measures for the publication of an annual inspection report, as provided in section 192 of the Labour Code, within the time limits prescribed in Article 20 and containing the information required by Article 21. Emphasizing that such a report is an essential tool in evaluating the efficiency of the inspection system and in identifying the resources required for its improvement, in particular through appropriate budgetary estimates, the Committee requests the Government to pay due attention to the indications in Part IV of the Labour Inspection Recommendation, 1947 (No. 81) as to the level of detail that would be appropriate in the information required by clauses (a) to (g) of Article 21 of the Convention. It recalls that it may request ILO technical assistance for this purpose.