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Labour Inspection Convention, 1947 (No. 81) - Sudan (Ratification: 1970)

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Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition
The Committee notes the establishment in July 2019 of a power-sharing agreement between the country’s ruling military council and opposition groups (the Transitional Military Council and the Forces for Freedom and Change) to share power for a three-year period of reforms, followed by elections for a return to full civilian government.
Article 3(1) and (2). Labour inspection functions and additional duties entrusted to labour inspectors. In its previous comments, the Committee noted the large number of collective and individual labour disputes handled by the labour inspectorate in 2016, and also noted a significant reduction from 2015 to 2016 in the number of labour inspections performed – more than 80 per cent based on statistics provided in the Government’s report. It further noted the Government’s statement that a lack of resources hindered the application of labour legislation.
The Committee notes the Government’s indication in response in its report, that there has been no reduction in the number of labour inspections. The Government states that labour inspectors do not intervene in the settlement of disputes and that their fundamental role is confined to carrying out inspections and monitoring the implementation of the Labour Code. The Government also states that labour inspectors provide employers and workers with information and technical guidance so that they can implement laws and regulations regarding termination of employment in the most effective manner. The Government further states that inspectors address and notify loopholes in labour legislation to the competent authority. Noting an absence of specific information in this respect, the Committee requests the Government to provide statistical information listed under Article 21(b)–(g) of the Convention, including on the number of inspection visits undertaken. It also requests the Government to provide detailed information on the proportion of activities of labour inspectors devoted to their primary functions under the terms of Article 3(1)(a)–(c) in comparison to their other duties. It requests the Government to indicate the authorities which handle collective and individual disputes and the role, if any, of inspectors in this regard. Lastly, it once again requests the Government to provide information on the role of labour inspectors in assisting the public authorities to implement orders relating to the public interest that requires the undertaking of inspection visits.
Article 5(a). Effective cooperation between the inspection services and the judicial system. The Committee previously noted the number of unresolved collective and individual disputes referred to the judicial authorities by the labour inspectorate and the number of cases dealt with by the courts in the State of Khartoum. In the absence of information from the Government, the Committee once again requests the Government to provide information, for all jurisdictions, on the number of cases referred to the judicial authorities by the labour inspectorate, the number of cases dealt with by the courts, the outcome of the cases referred (acquittal, fines, including amounts, or prison sentences), and the legal provisions to which they relate, (distinguishing these cases from those brought by workers themselves). It also requests the Government to provide information on any measures taken to promote effective collaboration between the labour inspectorate and the judicial system (including with regard to the exchange of information on the outcome of cases referred to courts).
Article 7(3). Adequate training for labour inspectors for the performance of their duties. The Committee notes the Government’s indication, in reply to its previous request, that training is provided for labour inspectors. The Committee requests the Government to provide more specific information on the training activities provided for labour inspectors, including the frequency, number of participants, subjects covered, and impact of the training activities.

Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition
The Committee notes the establishment in July 2019 of a power-sharing agreement between the country’s ruling military council and opposition groups (the Transitional Military Council and the Forces for Freedom and Change) to share power for a three-year period of reforms, followed by elections for a return to full civilian government.
Draft strategy on labour inspection. The Committee previously urged the Government to pursue its efforts to adopt its strategy on labour inspection, which had been developed in 2014 in the National Tripartite Workshop on Labour Inspection. It notes the Government’s indication in its report, in response, that the draft strategy on labour inspection is still being examined and that joint committees have been established to work on it. Noting that the development of the draft strategy dates back to 2014, the Committee urges the Government to strengthen its efforts to adopt it, and to provide a copy once adopted.
Article 4(1) and (2) of the Convention. Organization and effective functioning of the labour inspection system under the supervision and control of a central authority. The Committee previously requested the Government to provide information on the organization of the labour inspection system, including the central authority and local labour offices in each of the states. It notes the Government’s indication, in response, that the labour inspection system is placed under the supervision and control of a central authority, through full and close coordination between the central authority and each of the states, including for the purpose of drawing up plans and formulating policies. The Government also states that there is a General Directorate of Coordination and Follow-up, which establishes a network between each state. The Committee requests the Government to provide further information on the role, mandate and activities of the General Directorate of Coordination and Follow-up, including information on the details of its network and how the Directorate coordinates with local labour offices. It once again requests the Government to provide the organizational chart of the labour inspection system, illustrating the structure of and relationship between a central authority and local offices under each state. The Committee also requests the Government to provide specific information on the manner in which local labour inspection activities are placed under the supervision and control of a central authority, in order to give full effect to Article 4 of the Convention.
Articles 12(1) and 15(c). Unannounced inspection visits and confidentiality of the source of any complaint. The Committee previously requested information concerning the possibility for an individual worker to make a confidential complaint, noting the Government’s indication that labour inspection visits may be arranged at the request of an employer, a trade union, or a majority of workers in firms where there is no union. In the absence of information provided by the Government in response, the Committee once again recalls that, in accordance with Article 15(c) of the Convention, and consistent with paragraph 235 of its 2006 General Survey, Labour inspection, labour inspectors shall treat as absolutely confidential the source of any complaint bringing to their notice a defect or breach of legal provisions, and shall give no intimation to the employer or his representative that a visit of inspection was made in consequence of the receipt of such a complaint. The Committee recalls in this respect the importance of enabling workers to communicate freely with inspectors and of the confidentiality of complaints, particularly for the protection of workers from reprisals. The Committee once again requests the Government to indicate whether it is possible for an individual worker to submit a complaint to the labour inspectorate and, if so, the measures taken to maintain the confidentiality of the complaint. The Committee also reiterates its request that the Government provide information on whether the labour inspectorate undertakes unannounced visits, and if so, to provide information on the number of such visits undertaken.
Articles 20 and 21. Publication and communication to the ILO of an annual report. The Committee previously noted that although no annual inspection reports have been communicated to the ILO for more than 25 years, steps had been taken towards the preparation of annual reports, including the identification of training needs and initiatives to facilitate the preparation of periodic reports by state labour offices. It takes note of the Government’s indication, in response, that it is currently gathering reports by state labour offices. The Committee once again urges the Government to take all possible measures to ensure that labour inspection reports are prepared annually, published and transmitted to the ILO, in accordance with Articles 20 and 21 of the Convention.

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

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes the establishment in July 2019 of a power-sharing agreement between the country’s ruling military council and opposition groups (the Transitional Military Council and the Forces for Freedom and Change) to share power for a three-year period of reforms, followed by elections for a return to full civilian government.

Article 3(1) and (2). Labour inspection functions and additional duties entrusted to labour inspectors. In its previous comments, the Committee noted the large number of collective and individual labour disputes handled by the labour inspectorate in 2016, and also noted a significant reduction from 2015 to 2016 in the number of labour inspections performed – more than 80 per cent based on statistics provided in the Government’s report. It further noted the Government’s statement that a lack of resources hindered the application of labour legislation.

The Committee notes the Government’s indication in response in its report, that there has been no reduction in the number of labour inspections. The Government states that labour inspectors do not intervene in the settlement of disputes and that their fundamental role is confined to carrying out inspections and monitoring the implementation of the Labour Code. The Government also states that labour inspectors provide employers and workers with information and technical guidance so that they can implement laws and regulations regarding termination of employment in the most effective manner. The Government further states that inspectors address and notify loopholes in labour legislation to the competent authority. Noting an absence of specific information in this respect, the Committee requests the Government to provide statistical information listed under Article 21(b)–(g) of the Convention, including on the number of inspection visits undertaken. It also requests the Government to provide detailed information on the proportion of activities of labour inspectors devoted to their primary functions under the terms of Article 3(1)(a)–(c) in comparison to their other duties. It requests the Government to indicate the authorities which handle collective and individual disputes and the role, if any, of inspectors in this regard. Lastly, it once again requests the Government to provide information on the role of labour inspectors in assisting the public authorities to implement orders relating to the public interest that requires the undertaking of inspection visits.

Article 5(a). Effective cooperation between the inspection services and the judicial system. The Committee previously noted the number of unresolved collective and individual disputes referred to the judicial authorities by the labour inspectorate and the number of cases dealt with by the courts in the State of Khartoum. In the absence of information from the Government, the Committee once again requests the Government to provide information, for all jurisdictions, on the number of cases referred to the judicial authorities by the labour inspectorate, the number of cases dealt with by the courts, the outcome of the cases referred (acquittal, fines, including amounts, or prison sentences), and the legal provisions to which they relate, (distinguishing these cases from those brought by workers themselves). It also requests the Government to provide information on any measures taken to promote effective collaboration between the labour inspectorate and the judicial system (including with regard to the exchange of information on the outcome of cases referred to courts).

Article 7(3). Adequate training for labour inspectors for the performance of their duties. The Committee notes the Government’s indication, in reply to its previous request, that training is provided for labour inspectors. The Committee requests the Government to provide more specific information on the training activities provided for labour inspectors, including the frequency, number of participants, subjects covered, and impact of the training activities.

Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

Draft strategy on labour inspection. The Committee previously urged the Government to pursue its efforts to adopt its strategy on labour inspection, which had been developed in 2014 in the National Tripartite Workshop on Labour Inspection. It notes the Government’s indication in its report, in response, that the draft strategy on labour inspection is still being examined and that joint committees have been established to work on it. Noting that the development of the draft strategy dates back to 2014, the Committee urges the Government to strengthen its efforts to adopt it, and to provide a copy once adopted.

Article 4(1) and (2) of the Convention. Organization and effective functioning of the labour inspection system under the supervision and control of a central authority. The Committee previously requested the Government to provide information on the organization of the labour inspection system, including the central authority and local labour offices in each of the states. It notes the Government’s indication, in response, that the labour inspection system is placed under the supervision and control of a central authority, through full and close coordination between the central authority and each of the states, including for the purpose of drawing up plans and formulating policies. The Government also states that there is a General Directorate of Coordination and Follow-up, which establishes a network between each state. The Committee requests the Government to provide further information on the role, mandate and activities of the General Directorate of Coordination and Follow-up, including information on the details of its network and how the Directorate coordinates with local labour offices. It once again requests the Government to provide the organizational chart of the labour inspection system, illustrating the structure of and relationship between a central authority and local offices under each state. The Committee also requests the Government to provide specific information on the manner in which local labour inspection activities are placed under the supervision and control of a central authority, in order to give full effect to Article 4 of the Convention.

Articles 12(1) and 15(c). Unannounced inspection visits and confidentiality of the source of any complaint. The Committee previously requested information concerning the possibility for an individual worker to make a confidential complaint, noting the Government’s indication that labour inspection visits may be arranged at the request of an employer, a trade union, or a majority of workers in firms where there is no union. In the absence of information provided by the Government in response, the Committee once again recalls that, in accordance with Article 15(c) of the Convention, and consistent with paragraph 235 of its 2006 General Survey, Labour inspection, labour inspectors shall treat as absolutely confidential the source of any complaint bringing to their notice a defect or breach of legal provisions, and shall give no intimation to the employer or his representative that a visit of inspection was made in consequence of the receipt of such a complaint. The Committee recalls in this respect the importance of enabling workers to communicate freely with inspectors and of the confidentiality of complaints, particularly for the protection of workers from reprisals. The Committee once again requests the Government to indicate whether it is possible for an individual worker to submit a complaint to the labour inspectorate and, if so, the measures taken to maintain the confidentiality of the complaint. The Committee also reiterates its request that the Government provide information on whether the labour inspectorate undertakes unannounced visits, and if so, to provide information on the number of such visits undertaken.

Articles 20 and 21. Publication and communication to the ILO of an annual report. The Committee previously noted that although no annual inspection reports have been communicated to the ILO for more than 25 years, steps had been taken towards the preparation of annual reports, including the identification of training needs and initiatives to facilitate the preparation of periodic reports by state labour offices. It takes note of the Government’s indication, in response, that it is currently gathering reports by state labour offices. The Committee once again urges the Government to take all possible measures to ensure that labour inspection reports are prepared annually, published and transmitted to the ILO, in accordance with Articles 20 and 21 of the Convention.

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

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Labour law reform. The Committee notes that the Government has received ILO technical assistance in the context of its ongoing reform of its labour legislation, and that a draft new Labour Code was under preparation. The Committee requests the Government to take into account the points raised below, in the context of the ongoing reform process, in order to ensure the full conformity of the legislation with the Convention.

Article 5(a) of the Convention. Effective cooperation between the inspection services and the judicial system. The Committee notes the information provided by the Government, in reply to its previous comments, regarding the number of unresolved collective and individual disputes referred to the judicial authorities by the labour inspection services and the number of cases dealt with by the courts in the State of Khartoum. The Committee requests the Government to provide information, for all jurisdictions, on the number of cases referred to the judicial authorities by the labour inspectorate, the number of cases dealt with by the courts, the outcome of the cases referred (acquittal, fines, including amounts, or prison sentences), and the legal provisions to which they relate (distinguishing these cases from those brought by workers themselves). It also requests the Government to provide information on any measures taken to promote effective collaboration between the labour inspectorate and the judicial system (including with regard to the exchange of information on the outcome of cases referred to courts).

Article 7(3). Adequate training for labour inspectors for the performance of their duties. The Committee takes due note of the Government’s indication that the General Inspectorate took concrete steps to identify training needs in labour offices in the 18 states with a view towards the implementation of an integrated training programme. The Committee requests the Government to provide information on the measures taken to implement an integrated training programme for labour inspectors following its consultation with the states, including the frequency of training sessions, the subjects covered, the number of attendees, and impact of any training implemented.

Articles 12(1) and 15(c). Unannounced inspection visits and confidentiality of the source of any complaint. The Committee notes the Government’s indication that labour inspection visits may be arranged at the request of an employer, a trade union, or a majority of workers in firms where there is no union. However, under the terms of Article 15(c) of the Convention, labour inspectors shall treat as absolutely confidential the source of any complaint bringing to their notice a defect or breach of legal provisions, and shall give no intimation to the employer or his representative that a visit of inspection was made in consequence of the receipt of such a complaint. In this respect, the Committee draws the Government’s attention to its 2006 General Survey, Labour inspection, paragraph 236, indicating that compliance with this obligation is a prerequisite for the effectiveness of labour inspection, and that without confidentiality, workers might hesitate to turn to the labour inspectorate through fear of reprisals. Recalling the importance of confidentiality particularly for the protection of workers from reprisals, the Committee requests the Government to indicate whether it is possible for an individual worker to submit a confidential complaint to the labour inspectorate, and if not, to take the necessary measures to ensure that an inspection can be undertaken in such circumstances. Noting the Government’s reference to the periodic programme of inspection visits, the Committee further requests the Government to provide information on whether any of these visits include unannounced inspection visits, and if so, to provide information on the number of unannounced inspection visits undertaken and the results of such visits including violations found and the nature of any penalties issued.

Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

Draft strategy on labour inspection. The Committee previously requested information on the status of the draft strategy on labour inspection, that was developed based on discussions in 2014 in the National Tripartite Workshop on Labour Inspection. The Committee takes note of the Government’s indication that the draft strategy on labour inspection has been transmitted to the joint committees with the social partners for their recommendations. It however notes with concern the delay in adopting the strategy which aims to enable the establishment and effective operation of the labour inspection system. Noting the transmission of the draft labour inspection strategy for consultation with the social partners, the Committee urges the Government to pursue its efforts with a view to adopting its strategy on labour inspection in the very near future, and to provide a copy once adopted.

Article 3(1) and (2) of the Convention. Labour inspection functions and additional duties entrusted to labour inspectors. The Committee takes note of the statistics provided in the Government’s report, in reply to its previous comments, indicating that in 2016, the labour inspectorate handled a total of 1,744 collective and individual labour disputes but performed only 226 labour and OSH inspections. The Committee notes with concern that this is a reduction of more than 80 per cent from the previous year (1,356 inspections were performed in 2015). The labour inspectorate also provided 564 consultations in 2016, a smaller reduction from the 609 consultations in 2015. Labour inspectors also engage in conflict resolution during inspections. In addition, the Government’s report indicates that labour inspection visits may involve inquiries regarding the reduction of employees for economic or technical reasons at an employer’s request and, where necessary, inquiries about termination of employment, in accordance with the law. In 2016, 44 inspection visits were performed for this purpose. Moreover, according to the Government’s report, inspection visits may also be conducted with the purpose of helping the public authorities implement an order relating to the public interest based on a directive from the competent authority. The Committee recalls that the primary functions of the labour inspection system are to secure the enforcement of the legal provisions relating to conditions of work and the protection of workers while engaged in their work. The Committee notes with concern that a significant part of labour inspectors’ activities is devoted to the resolution of labour disputes, despite the Government’s indication that a lack of resources hinders the practical application of labour legislation. Noting the limited available resources and the significant amount of time spent on the settlement of disputes, the Committee urges the Government to take the necessary steps to ensure that any other functions entrusted to inspection officers do not interfere with the effective discharge of their primary duties to enforce the legal provisions relating to conditions of work and the protection of workers while engaged in their work. The Committee also requests the Government to provide specific information on the role that the labour inspectorate plays in the reduction of workforce and termination of employment as well as information on orders previously issued relating to the public interest that required the undertaking of inspection visits. In addition, the Committee requests the Government to provide information on measures undertaken and contemplated to address the 80 per cent reduction in the number of labour inspections.

Article 4(1) and (2). Organization and effective functioning of the labour inspection system under the supervision and control of a central authority. The Committee notes the information provided by the Government, in response to its previous request for an organizational chart of the Labour Inspection (LI) and Industrial Relations (IR) Department, concerning the organization of the LI and IR Departments in Khartoum State. It notes, however, an absence of information on the organization of the central labour inspection system, or of other regional offices. It recalls that Article 4 of the Convention provides for the placing of the labour inspection system under the supervision and control of a central authority insofar as is compatible with the administrative practice of the Member. The Committee once again requests the Government to provide information on the measures taken to ensure the effective functioning of the labour inspection system under the supervision and control of a central authority. It also once again requests the Government to provide information on the organization and functioning of the Labour Inspection and Industrial Relations Department, including its organizational chart, as well as an up-to-date list of inspection structures at labour offices in each of the states.

Articles 20 and 21. Publication and communication to the ILO of an annual report. The Committee notes with concern that no annual inspection reports have been prepared or communicated to the ILO for more than 25 years. However, it welcomes the information provided by the Government in its report concerning the number of labour inspection and occupational safety and health visits undertaken. It notes the Government’s statement that steps were taken towards the preparation of annual reports, including the identification of training needs and initiatives to facilitate the preparation of periodic reports by state labour offices. The Committee urges the Government to take all possible measures to ensure that annual labour inspection reports are prepared, published and transmitted to the ILO, in accordance with Articles 20 and 21 of the Convention.

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

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Referring to its observation, the Committee wishes to raise the following additional points.

Article 3(2) of the Convention. Additional duties entrusted to labour inspectors. The Committee notes the indication in the Government’s report that labour disputes are submitted to labour inspectors by workers and employers. In this regard, it understands that one of the questions discussed at the National Tripartite Workshop on Labour Inspection, held in May 2014, was the lack of resources and the significant part of labour inspectors’ activities devoted to the resolution of labour disputes. The Committee accordingly reminds the Government of the primary functions of labour inspectors under Article 3(1) of the Convention (enforcement of the legal provisions relating to conditions of work and the protection of workers and advice to employers and workers) and of the guidelines 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”. In the light of the limited human and material resources available to the inspectorate, the Committee asks that the Government provide information on the measures taken, in accordance with Article 3(2) of the Convention, to ensure that any other functions entrusted to inspection officers do not interfere with the effective discharge of their primary duties. It also asks that the Government provide information, in its next report, on the proportion of activities of labour inspectors devoted to dispute resolution in comparison to their primary functions.

Article 5(a). Effective cooperation between the inspection services and the judicial system. Noting an absence of information on this point, the Committee once again asks that the Government strengthen its efforts to promote effective cooperation between inspection services and judicial bodies. In this regard, the Committee asks that the Government provide information on the number of cases referred to the judicial authorities by the labour inspectorate, the number of cases dealt with by the courts, the type of penalties imposed, the areas of labour law concerned and copies of extracts of relevant court decisions.

Article 7(3). Adequate training for labour inspectors for the performance of their duties. The Committee notes with interest that 53 labour inspectors from each of the 18 states received training, during the abovementioned National Tripartite Workshop on Labour Inspection. It also notes that the draft strategy on labour inspection, elaborated during this workshop, includes measures to strengthen the capacity of the labour inspectorate through the development of training programmes. The Committee asks that the Government pursue its efforts to provide training for labour inspectors for the performance of their duties. It asks that the Government provide information on the specific measures undertaken in this regard as well as the impact of these measures on inspection activities.

Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

Draft strategy on labour inspection. The Committee notes that, following a request for technical assistance by the Government, a National Tripartite Workshop on Labour Inspection was held in May 2014 in collaboration with the ILO. The workshop discussed measures to address the current challenges of the labour inspection system, and resulted in the elaboration of a draft strategy on labour inspection. The Committee asks that the Government provide information on whether this draft strategy on labour inspection has been adopted and, if so, to provide information on the specific measures taken for its implementation.

Article 4(1) and (2) of the Convention. Organization and effective functioning of the labour inspection system under the supervision and control of a central authority. The Committee notes the Government’s indication that an organizational chart of the Labour Inspection and Industrial Relations Department has been elaborated, and is pending adoption. Recalling its previous comments on the functioning of the labour inspection services, the Committee asks that the Government pursue its reform of the labour inspectorate, including in light of the abovementioned draft strategy on labour inspection, with a view to ensuring the effective functioning of the labour inspection system under the supervision and control of a central authority. It also asks that the Government provide the organizational chart of the Labour Inspection and Industrial Relations Department, once adopted, and an up-to-date list of labour inspection structures at labour offices in the states, as well as information on the resources provided to these offices.

Articles 19, 20 and 21. Preparation, publication and communication to the ILO of an annual report. The Committee notes with concern that, for over 25 years, an annual report on the activities of the labour inspection services has not been communicated to the Office. The Committee urges the Government to take the necessary steps to ensure that an annual labour inspection report, containing information on all the points covered by Article 21, is prepared and published, and asks that a copy be sent to the ILO. In this regard, the Committee reminds the Government that it may request ILO technical assistance, in order to fulfil its obligations under these provisions.

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

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

Context and developments relating to labour inspection. In its previous comments the Committee noted that the adoption of a transitional Constitution in 2005 had resulted in the transfer of most administrative powers to the provinces (wilayats) and the revision of all Sudanese legislation so as to be in conformity with the new federal rule. The Committee notes the 2012 country analysis in the context of the United Nations Development Assistance Framework (UNDAF) for Sudan, according to which “weak governance in numerous sectors, an ineffective civil service, perceptions of corruption, inadequate grass-roots consultation and participation, and a lack of data to formulate and monitor policies and their impact all drain the system of resources needed for development. Issues of poor coordination within and among core institutions and between the centre and the decentralized level are core obstacles to effective development.” (page 40). The report proposes that the support provided in the context of UNDAF should focus on four main areas, including governance, the rule of law and basic services (pages 74–75).

The Committee notes that the Government makes no further reference to the communication of a new draft Labour Code to the ILO for comments, and indicates that the Code is being revised and that a copy of it will be sent to the Office, once it has been adopted by the National Assembly. The Committee reminds the Government that it may avail itself of technical assistance from the ILO with a view to strengthening the labour inspectorate and adopting legislation that is in conformity with the provisions of the Convention, in the context of the objectives laid down in UNDAF. It requests the Government to provide information in its next report on any formal steps taken in this regard and, if the abovementioned assistance has been received in the meantime, to indicate the results achieved.

Article 4(1) and (2) of the Convention. Labour inspection under the supervision and control of a central authority. The Committee notes the Government’s indication that the Ministry of Labour has been reorganized and a public department of labour inspection and labour legislation has been established with a view to greater efficiency, in accordance with the provisions of the Convention and the conclusions of the resolution of the International Labour Conference concerning labour administration and labour inspection adopted in June 2011. The Committee recalls that the resolution states that: “labour inspection is a public function and is at the core of effective labour law with wide powers and functions, including enforcement and sanctions that should be sufficiently dissuasive to deter violations of labour legislation while also providing corrective, developmental and technical advice, guidance, prevention tools and promoting workplace best practices. These functions should be regulated and balanced as part of a comprehensive compliance strategy in order to ensure decent working conditions and a safe working environment.” The Committee requests the Government to provide in its next report an organizational chart of the Public Department of Labour Inspection and the legislative texts by which it is established. The Government is also requested to send an up-to-date list of regional and local labour inspection structures at labour offices and also information on their available resources for action.

Article 5(a). Cooperation between the inspection services and the judicial system. According to the Government’s report, no cases relating to labour inspection have been brought before the courts. However, the Government indicated in its previous report that some cases were referred to the courts after measures taken by labour inspectors, consisting of advice, warning or reprimands, had all failed. The court had issued its judgement, imposing a fine and a sentence of imprisonment. The Committee further notes that, according to the UNDAF country analysis (page 34), “the justice sector has been severely degraded in some areas of the country, such as Darfur” and “awareness of the right to justice remains very low, necessitating further support to adoption of public policies addressing access to justice for the poor and marginalized”. Referring to its 2007 general observation, the Committee requests the Government to indicate the measures taken to strengthen cooperation between the labour inspection system and the judicial system and to secure from the judicial authorities the diligence and substantive treatment which should be given to infringement reports drawn up by labour inspectors, and to disputes concerning the same fields which are directly submitted to them by workers or their organizations.

The Committee also requests the Government once again to provide the ILO with copies of extracts from court decisions issued for violations of the legislation relating to conditions of work, and also information on the effective implementation of these decisions in practice and on their impact with regard to observance of the applicable legislation.

Article 7(3). Adequate training for labour inspectors for the performance of their duties. The Committee notes that the Government is requesting assistance from the ILO with regard to training for labour inspectors. It hopes that this assistance will be provided in the near future and requests the Government to indicate the measures taken to submit an official request to this effect and also the results achieved.

Articles 19, 20 and 21. Preparation, publication and communication to the ILO of an annual report. The Committee notes that the Government emphasizes the importance of publication of the annual labour inspection report. Referring to its general observation of 2010, the Committee recalls that, when well prepared, the annual report offers an indispensable basis for the evaluation of the results in practice of the activities of the labour inspection services and, subsequently, the determination of the means necessary to improve their effectiveness. The Committee requests the Government to take the necessary steps to ensure that an annual labour inspection report, containing information on all the points covered by Article 21, is drawn up and published as soon as possible and requests it to send a copy to the ILO.

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

Context and developments relating to labour inspection. Further to its previous comments, the Committee notes the Government’s statement that after the adoption of a transitional Constitution of 2005, and the implementation of the federal rule which is considered to be the administrative executive system in the country, the majority of powers were transferred to the provinces (wilayat). This required the revision of all Sudanese laws so as to be in conformity with the new rule. The Government further indicates that the Labour Code of 1997 is being revised, and that a draft of it has been sent to the ILO for comments. However, according to information available at the ILO, the Committee notes that a request has not been received despite repeated invitations by the Cairo Subregional Office. The Committee would be grateful if the Government would take the necessary steps to avail itself of the ILO technical assistance for the revision of the Labour Code and to provide information on the results achieved. Referring to its previous observation as to the delegation of most of labour inspection activities to the labour offices in the provinces, the Committee requests the Government to take the measures necessary to ensure, meanwhile, that workplaces continue to be inspected, as provided by the Convention (Articles 12, 13 and 16), and that an annual report on the work of the labour inspection services is published and a copy of it communicated to the ILO (Articles 20 and 21).

Article 5(a) of the Convention. Cooperation between the inspection services and the judicial system. With reference to its previous comments, the Committee notes the Government’s statement that the relationship between the inspection services at the Ministry of Labour and the judicial system is strong and historic. Each labour office has an inspection unit which carries out its inspection duties, and refers its violations to the judicial bodies. At the federal Government level, inspection has been restricted. It further indicates that some cases were referred to the courts in cases where the measures taken by labour inspectors, which consist in providing advice, warning and reprimand, have all failed. The court rendered its judgement by imposing a fine and a sentence of imprisonment. The Committee would be grateful if the Government would provide the ILO with copies of excerpts of as many judicial decisions as possible, rendered in cases of infringement of legal provisions relating to conditions of work and the protection of workers while engaged in their work. It would also welcome any indication concerning the effective enforcement of such decisions in practice and its impact on the observance of the relevant legislation.

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

Context and developments relating to labour inspection. Further to its previous observation, the Committee notes the general information provided by the Government in its report received on 29 October 2008 concerning the current transitional state of labour inspection. The Committee notes that the legislative amendments which have been announced for a number of years have still not been adopted and that most inspection activities have been transferred to the labour offices in the provinces (wilaya), while inspection work at the federal level is limited to a few areas of an exclusively national character.

The Government refers to the signature of the Comprehensive Peace Agreement, which resulted in the adoption of a transitional Constitution, the setting up of a government of national unity and the revision of all Sudanese laws to ensure that they are constitutional. The Labour Code is also being revised by a tripartite committee and, according to the Government, the final procedures for its approval are under way.

With regard to the central structures of the Ministry of Labour, their functioning has been suspended until the finalization of all job descriptions. The Government points out that the decentralized structures have been assigned mandates which have been extended by the Constitution and by the Comprehensive Peace Agreement.

Labour inspection and child labour. The Committee notes with interest that requests for technical assistance in this area have been successful. The Government indicates that a mission went to the country in July 2008, and information available to the ILO also refers to the recent signature of the cooperation agreement announced by the Government. This document concerns the launching of a project covering law and practice, and aiming in particular to promote the rights of the child with respect to education and work. The department responsible for women and children at the Ministry of Labour will also receive support in the context of this project to enable it to reach the different wilaya.

Article 5(a) of the Convention. Cooperation between the inspection services and the judicial system. The Committee notes that the Government has examined and welcomed the guidance on this subject which it provided in its general observation of 2007 and declares that it will take it into account in practice.

In view of the scope of the reforms announced by the Government, the Committee hopes that it will supply detailed information in its report in 2009 on all developments during the reporting period with regard to the organization, functioning, human and material resources, and activities of the labour inspectorate and their results. It hopes that this information will be supported by any relevant documents, including on the role of labour inspectors in combating child labour. The Government is also requested to send a copy of the new Labour Code once it has been adopted.

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:

1. Institutional and legislative reform. The Committee notes the conclusion of a global peace accord in January 2005, the adoption of a provisional Constitution and the establishment of a Government of national unity. It notes with interest that an in-depth revision is envisaged in this context of the structures of public services, including the labour inspectorate, and of the texts governing their operation, including the status of inspectors, with a view to increasing their motivation for the discharge of their functions. The Committee also notes with interest the establishment of a Federal Labour Statistics and Information Centre for the compilation and publication of regular reports, including a report on labour inspection. Further noting that it is planned to introduce relevant amendments in the Labour Code, the Committee remains attentive in relation to current developments and requests the Government to provide information on any institutional and legislative progress achieved in relation to the establishment and implementation of a system of labour inspection that is in conformity with the provisions of the Convention.

2. Strengthening of decentralized structures. The Committee notes with interest the announcement by the Government of the reinforcement in the near future of the human and material resources of existing labour offices and the establishment, in the south of the country and in other regions affected by the civil war, of labour offices with the necessary personnel and equipment to discharge their functions. The Government is requested to provide information on the progress achieved in relation to this project and to supply in future reports an updated list of the regional and local labour inspection structures in labour offices, as well as information on their means of action.

3. Child labour. Noting that a request for technical assistance was made to ILO/IPEC in 2004 with a view to the preparation of a full study on child labour and the organization of training workshops for the labour inspectors concerned, the Committee awaits information on the action taken as a result, when the conditions so permit. It would be grateful if the Government would keep the ILO informed of any new measures adopted for this purpose, and the results achieved.

4. The Committee also notes the indication of an urgent need for technical and logistical assistance expressed by the service responsible for work by women and children in the Ministry of Labour, with a view to the extension of its activities to regional and local labour offices. The Committee hopes that measures will be taken rapidly by the Government to seek the necessary resources for the provision of the required assistance in the context of international cooperation, where necessary with the technical support of the ILO. It requests the Government to provide information on any progress achieved in this respect, and on any difficulties encountered.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes the Government’s report received in November 2005 in reply to its previous comments and the information on recent institutional developments in general and the labour administration in particular.

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

The Committee notes the Government’s brief indications that the Labour Act is being revised, that all 26 states of Sudan have regional offices and that the labour inspectors appointed for each of the offices have at their disposal the necessary resources, including vehicles, for the performance of their duties. Noting once again that the Government has not responded to its previous comments, the Committee is bound to reiterate them:

The Committee [also] notes the Government’s commitment to giving high priority to the issue of child labour. Referring to the information concerning the establishment in the Ministry of Labour of a directorate responsible for working women and children, the Committee would be grateful if the Government would supply a copy of the texts relating to the composition and functions of this directorate as well as information on the practical and legislative measures taken to give labour inspectors the means to ensure effective supervision of the legal provisions concerning working conditions of women and children and the protection of women and children at work.

1. Reporting obligations. The Committee hopes that forthcoming reports on the application of the Convention will contain information on any changes and developments in the fields covered. This information should relate particularly to new legislative and regulatory provisions concerning the organization of the labour inspection system as well as those whose application falls under labour inspectors’ supervision; on numbers of inspection staff and their geographical distribution; on the material means and transport facilities made available for them to carry out their numerous visits; on the status and working conditions of inspectors; on frequency of inspection visits and the powers with which labour inspectors are invested in relation to the development of industrial and commercial activities and the new occupational hazards they involve.

2. Annual labour inspection reports. The annual general labour reports that should be published and communicated to the ILO by the central authorities in compliance with Article 20 of the Convention and which contain information on the matters listed in Article 21 should provide an overview at the national level of the situation and effectiveness of the resources used and enable them to be improved. The purpose of publishing these reports is particularly to make them accessible to employers, workers and their organizations and to elicit their views in a constructive manner. Noting that, according to the Government, legislation is undergoing revision, the Committee would be grateful if the Government would take the necessary measures to ensure that a provision giving effect to the aforementioned Articles of the Convention be adopted and to keep the ILO informed of progress made.

The Committee is addressing a request directly to the Government on other points.

The Committee hopes that the Government will make every effort to ensure that the necessary measures are taken in the near future.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

Also with reference to its observation, the Committee once again draws the Government’s attention to the following points.

Effective collaboration between officials of the labour inspectorate and employers and workers or their organizations. The Committee notes, that in reply to the question raised concerning the application of Article 5(b) of the Convention, the Government refers to the collaboration existing between the social partners, as envisaged in sections 56(6) and 89-91 of the Labour Code of 1997. However, it would not appear that the commissions envisaged by these provisions provide the framework for any collaboration between the officials of the labour inspectorate and employers and workers or their organizations, as required by the above Article of the Convention. The Government is therefore requested once again to provide relevant information in the light of the above comment, which refers in this respect to paragraphs 282 et seq. of the Committee’s 1985 General Survey on labour inspection and Part II to Recommendation No. 81, which supplements the present Convention.

Status of labour inspectors. The Committee notes that, in accordance with section 15(1) of the Labour Code, officials duly designated by the Ministry may at any time enter establishments with a view to inspection or to verify or examine documents or registers concerning workers. In accordance with section 15(2) of the Labour Code, a ministerial order shall be issued to determine inspection procedures and issue regulations concerning the professional identity cards of labour inspectors. Under the terms of section 69(1), any person with the authorization of the competent authority may enter at any time during working hours, by day or by night, any workplace liable to be an enterprise employing one or more workers and may require the employer, owner or workers to provide information on the application of the provisions of the Code. Safety inspectors are, under sections 87(1) and 88 of the Code, appointed by the competent authority and are empowered to enter freely any workplace liable to their supervision during working hours, by day or by night, either to carry out inspections, or to investigate industrial accidents, examine the equipment and materials used and take samples. The Committee requests the Government to provide further details on the manner in which the officials responsible for labour inspection, other than those responsible for health and safety, are recruited or appointed, and to indicate whether they enjoy, as required by Article 6, a status and conditions of service such as to assure them of stability of employment and independence of changes of government and of improper external influences.

Respect by labour inspectors of the confidentiality of certain information obtained in the course of their duties. With reference to the above provisions of the Labour Code, under which various categories of persons may carry out, ex officio or under the responsibility of the competent authority, inspections in workplaces liable to inspection, the Committee would be grateful if the Government would provide details of the manner in which effect is given to Article 15(b) and (c), which prohibit labour inspectors from revealing manufacturing or commercial secrets, or working processes which may come to their knowledge in the course of their duties, or the source of complaints or the reason for the inspection.

Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the Government’s brief report.

The Committee also notes the Government’s commitment to giving high priority to the issue of child labour. Referring to the information concerning the establishment in the Ministry of Labour of a directorate responsible for working women and children, the Committee would be grateful if the Government would supply a copy of the texts relating to the composition and functions of this directorate as well as information on the practical and legislative measures taken to give labour inspectors the means to ensure effective supervision of the legal provisions concerning working conditions of women and children and the protection of women and children at work.

The Committee notes that the Government’s report has not provided the specific information requested in previous comments and hopes that detailed information on the following points will be supplied for examination at its next session.

1. Reporting obligations. The Committee hopes that forthcoming reports on the application of the Convention will contain information on any changes and developments in the fields covered. This information should relate particularly to new legislative and regulatory provisions concerning the organization of the labour inspection system as well as those whose application falls under labour inspectors’ supervision; on numbers of inspection staff and their geographical distribution; on the material means and transport facilities made available for them to carry out their numerous visits; on the status and working conditions of inspectors; on frequency of inspection visits and the powers with which labour inspectors are invested in relation to the development of industrial and commercial activities and the new occupational hazards they involve.

2. Annual labour inspection reports. The annual general labour reports that should be published and communicated to the ILO by the central authorities in compliance with Article 20 of the Convention and which contain information on the matters listed in Article 21 should provide an overview at the national level of the situation and effectiveness of the resources used and enable them to be improved. The purpose of publishing these reports is particularly to make them accessible to employers, workers and their organizations and to elicit their views in a constructive manner. Noting that, according to the Government, legislation is undergoing revision, the Committee would be grateful if the Government would take the necessary measures to ensure that a provision giving effect to the aforementioned Articles of the Convention be adopted and to keep the ILO informed of progress made.

The Committee is addressing a request directly to the Government on other points.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

With reference also to its observation on the Convention, the Committee requests the Government to provide additional information on the following points.

1. Effective collaboration between officials of the labour inspectorate and employers and workers or their organizations. The Committee notes from the Government’s report, in reply to its previous comments concerning measures taken to give effect to Article 5(b) of the Convention, that such collaboration is secured within a tripartite commission entrusted with examining applications for the reduction of the labour force made by employers under the terms of section 56(6) of the Labour Code of 1997. The Committee finds itself bound to emphasize, as indicated in paragraphs 282 et seq. of its 1985 General Survey on labour inspection, that the collaboration envisaged by this provision of the Convention should be designed essentially to improve working conditions, and particularly health and safety at the workplace. It also recalls that guidance is provided in this respect by Part II of Recommendation No. 81, which supplements the present Convention. The Committee notes that, in accordance with section 70 of the Labour Code, a national industrial relations council and regional councils were to be established whose mandate includes providing assistance to the Minister and to the governors of the regions for the organization, development and promotion of industrial relations in such a manner as to develop a favourable working and productive environment and that, furthermore, under the terms of section 27 of the Labour Code, special commissions were to be established to determine the conditions of employment of young persons and determine the maximum weights that workers over 15 years of age may be required to carry, push or lift; the Committee would be grateful if the Government would indicate whether it is envisaged that labour inspectors should be involved in these commissions. It also requests the Government to provide copies to the ILO of any relevant legal texts.

Status of labour inspectors. The Committee notes that, in accordance with section 15(1) of the Labour Code, officials duly delegated by the Ministry may at any time visit establishments with a view to their inspection or to verify and examine documents and registers respecting workers. Under the terms of section 15(2) of the Labour Code, a ministerial order shall be made to determine inspection procedures and issue rules respecting the professional identity cards of labour inspectors. Under section 69(1), any person having obtained the approval of the competent authority may enter at any time during working hours, by day or by night, any location which may be an enterprise employing one or more workers and require the provision by the employer, the owner or the workers of information respecting the application of the provisions of the Code. Inspectors in the field of safety are, under sections 87(1) and 88 of the Labour Code, appointed by the competent authority and have a right of free entry into establishments liable to their supervision during working hours by day or by night, either to carry out inspections or to investigate industrial accidents, examine the equipment and products used and take samples. The Committee requests the Government to provide details on the manner in which officials responsible for labour inspection, other than those responsible for health and safety, are recruited or appointed and to indicate whether, as required by Article 6, they benefit from a status and conditions of service which are such as to assure them of stability of employment and independence of any changes of government and of improper external influences.

Respect by labour inspectors of the confidentiality of certain information obtained in the course of their duties. With reference to the above provisions of the Labour Code, which envisage that various categories of persons may discharge inspection functions under the terms of the law or under the control of the competent authority, in establishments liable to such supervision, the Committee would be grateful if the Government would provide details on the manner in which effect is given to Article 15(b) and (c), which prohibit labour inspectors from revealing any manufacturing or commercial secrets or working processes which may come to their knowledge in the course of their duties, as well as the source of any complaint or the reason for an inspection visit.

Observation (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes the Government’s brief report and the statistical data on labour inspection activities in the wilaya of Khartoum. The Committee wishes once again to draw the Government’s attention to the following points.

1. Reporting obligations. The Convention is one of the ILO’s priority Conventions and, as such, gives rise to the obligation to transmit to the Office detailed biennial reports on any changes and developments in the application of each of its provisions. In each of its reports, the Government should provide, among other elements, information on changes in the relevant legislation, the staff of the labour inspection services, its composition by grade and speciality and its geographical distribution, the number and distribution by type of activity of workplaces liable to supervision by the labour inspectorate, and this information should cover the whole of the territory and not only part of it.

2. Annual labour inspection reports. The annual general reports on the labour inspection services should contain information allowing the central authority to have an overview of the situation and the effectiveness of the resources used, so that it can direct inspection activities more effectively. These annual reports also have the objective of bringing to the knowledge of workers, employers and their organizations the means employed and the results achieved, and of seeking their point of view on the action to be taken to improve the application of provisions respecting general conditions of work and occupational safety and health. While noting the few statistics provided concerning inspection activities in the wilaya of Khartoum, the Committee requests the Government to take the necessary measures for the regular publication and transmission to the ILO by the competent central authority, within the meaning of Article 4 of the Convention, in the time limits set out in Article 20, of annual inspection reports covering each of the subjects enumerated in Article 21.

The Committee is addressing a request directly to the Government on other points.

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

Further to its observation, the Committee notes the information supplied by the Government.

Article 3, paragraph 1(c), of the Convention. In reply to previous comments, the Government indicates in general terms that the functions of the labour inspectorate are in conformity with the provisions of the Convention. The Committee would be grateful if the Government would indicate the legal texts or regulations which give effect to this provision of the Convention.

Article 5(b). The Committee notes, once again, the Government's general reply to its previous comments regarding the existence of effective collaboration between officials of the labour inspectorate and employers and workers or their organizations. It expresses the firm hope that the Government will supply details on how such collaboration works in practice.

Article 12, paragraph 1(a) and (b). The Committee notes that the Government's report contains no information on its previous comments. It must therefore reiterate its request to the Government to supply clarification on the limitation to working hours of the authorization for labour inspectors to enter without previous notice any workplace liable to inspection, and to indicate any amendment to legislation which has been adopted or proposed.

Article 15(a). The Committee notes that the Government's report contains no information on its previous comments. It hopes once again that the Government will bring the law into line with practice, which it indicated in its previous report was in conformity with this provision, by adopting a provision requiring this and that it will supply the details requested.

Articles 16, 20 and 21. The Committee notes once again that annual reports on the activities of the inspection services have not been provided for a considerable number of years. The Committee wishes to recall the importance it attaches to such reports as an essential means of showing the activities of these services, and indicating whether workplaces are being inspected as often and as thoroughly as is necessary to ensure the effective application of relevant legal provisions. It hopes appropriate steps will be taken to this effect.

Observation (CEACR) - adopted 1996, published 85th ILC session (1997)

Further to its previous comments, the Committee notes once again that, while the Government's report describes in general terms the manner in which the Convention is applied, it contains no information on any new measures taken in respect of the matters raised. It recalls once again its suggestion that the Government concentrate its attention on the results of the technical cooperation received and on any new measures that would be desirable to take as a consequence. The Committee hopes that the Government will do its utmost to furnish precise information concerning the activities in practice of the labour inspection system. The Committee refers to certain other questions in a direct request.

Observation (CEACR) - adopted 1994, published 81st ILC session (1994)

Further to its previous comments, the Committee notes that, while the Government's report describes in general terms the manner in which the Convention should be applied, it contains no information on any new measures taken in relation to the questions raised. The Committee reiterates its earlier suggestion to the Government that it consider the results of relevant technical cooperation received and any further steps which may be taken in that light to enable it to provide a report in the form approved by the Governing Body. It urges the Government to take measures to provide precise information as to the practical working of the labour inspection system, so as to enable the Committee to consider the manner in which the Convention is being applied, and to address its previous comments concerning the following Articles:

Article 3, paragraph 1(c), of the Convention. In addition to securing the enforcement of existing legal provisions, the Committee wishes to draw the Government's attention to the requirement of this Article that the system of labour inspection should have the function of bringing to the notice of the competent authority defects or abuses not specifically covered by the existing legal provisions.

Article 5(b). The Committee notes the Government's general reply to its previous comments regarding the existence of effective collaboration between officials of the labour inspectorate and employers and workers or their organizations. The Committee would be grateful if the Government would provide particulars of how such collaboration works in practice.

Article 12, paragraph 1(a) and (b). The Committee notes the Government's indication that section 53 of the Individual Labour Relations Act, 1981, authorizes labour inspectors to enter without previous notice at any hour of the day or night any workplace liable to inspection. However, it recalls that the terms of section 53 limit such entry to working hours only. The Committee would be glad if the Government would clarify the matter and indicate any amendment of the legislation adopted or proposed.

Article 15(a). The Committee notes that, despite the absence of a provision prohibiting labour inspectors from having any direct or indirect interest in the undertakings under their supervision, the Government considers that such prohibition is applied effectively in practice by the directors of the inspectorates at the time of the appointment of labour inspectors. The Committee hopes the Government will bring the law into line with the practice by adopting a provision requiring this, and that it will supply details.

Articles 16, 20 and 21. The Committee notes that annual reports on the activities of the inspection services have not been provided for a considerable number of years. The Committee wishes to recall the importance it attaches to such reports as an essential means of obtaining evidence of the activities of these services, and showing whether workplaces are being inspected as often and as thoroughly as is necessary to ensure the effective application of relevant legal provisions. It hopes appropriate steps will be taken, perhaps by reference to the technical cooperation mentioned above.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

Further to its observation, the Committee notes the brief information provided by the Government. As it does not appear that any progress has been made in applying the Convention, the Committee would refer to its previous comments concerning the following Articles:

Article 3, paragraph 1(c) of the Convention. The system of labour inspection should have the function of bringing to the notice of the competent authority defects or abuses not specifically covered by existing legal provisions.

Article 5(b). Appropriate arrangements should be made to promote collaboration between officials of the labour inspectorate and employers and workers or their organisations.

Article 12, paragraph 1(a) and (b). Labour inspectors must be empowered to enter freely and without previous notice at any hour of the day or night any workplace liable to inspection and to enter by day any premises which they may have reasonable cause to believe to be liable to inspection.

Article 15(a). Labour inspectors, subject to such exceptions as may be made by national laws or regulations, should be prohibited from having any direct or indirect interest in the undertakings under their supervision.

Articles 20 and 21. Annual inspection reports should be published and copies of them sent to the ILO. They should contain all the information referred to in Article 21.

In the absence of any information as to the practical working of the labour inspection system, the Committee is unable to give due consideration to the manner in which the Convention is applied. It hopes the Government will redouble its efforts, particularly as to the matters mentioned above.

Observation (CEACR) - adopted 1992, published 79th ILC session (1992)

Further to its previous comments, the Committee notes that no information is available as to the manner in which the Convention is being applied. It hopes the Government will endeavour to provide a report in the form approved by the Governing Body. In doing this, it might care to consider the results of relevant technical cooperation received and any further steps which might be taken in that light. The Committee is again referring to certain questions in a direct request.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee notes from the Government's report that no progress has yet been made in ensuring the application of the provisions of Articles 3, paragraph 1(c); 5(b); 12, paragraph 1(a) and (b); and 15(a), of the Convention which were the subject of its previous comments. It recalls that the matters raised concern: conferring on the inspection services the task of informing the competent authorities of the areas where the legislation is inadequate so that they may adopt new measures to protect the workers (Article 3, paragraph 1(c)); ensuring collaboration between officials of the labour inspectorate and employers and workers or their organisations (Article 5(b)); empowering labour inspectors to enter "at any hour of the day or night" workplaces liable to inspection, and "by day", any premises which they may have reasonable cause to believe to be liable to inspection, regardless of working hours (Article 12, paragraph 1(a) and (b)); prohibiting labour inspectors from having any direct or indirect interest in the undertakings under their supervision (Article 15(a)).

The Committee hopes that appropriate measures to give effect to the above provisions of the Convention will be taken shortly.

Articles 20 and 21. The Committee notes that the annual inspection report has not been received by the ILO. It trusts that the Government will take the necessary steps to ensure that, in future, annual reports on the work of the inspection services containing information and statistics on all the subjects listed in Article 21 will be published and transmitted to the International Labour Office within the time-limits laid down in Article 20.