Solicitud directa (CEACR) - Adopción: 2009, Publicación: 99ª reunión CIT (2010)

The Committee notes that the Government indicates that, according to its Constitution, international agreements ratified by the Federation have a direct effect on the Federation and are thus an integral part of its legislation. In this regard, the Committee would recall that the existence of constitutional provisions giving direct effect to treaties do not replace the obligation to enact texts implementing the Convention.

The Committee notes that, based on the information provided in the Government’s report, it appears that only a few of the provisions of the Convention are applied in the country, and that the report is silent as regards the application of certain provisions of the Convention. The Government is requested to provide further information on measures taken, in law and in practice, to give effect to Articles 3, 5–6, 9 and 11–12 of the Convention and provide information on measures taken, in law and in practice, to give effect to Articles 1–2, 7–8, 10, 13–14, and 16–17 of the Convention and to submit copies of all relevant legislation.

Part V of the report form. Application in practice. The Committee requests the Government to provide a general appreciation of the manner in which the Convention is applied in practice including, for instance, extracts from official reports with statistics, if available, on the number of workers covered by the legislation, the number and nature of the contraventions reported, and the number, nature and causes of the accidents reported, etc. and information on any practical difficulties in the application of the Convention.

The Committee also reminds the Government that the Governing Body has invited the State parties to Convention No. 32 to consider ratification of the Occupational Safety and Health (Dock Work) Convention, 1979 (No. 152), which would automatically entail immediate denunciation of Convention No. 32 (GB.268/LILS/5(Rev.1), paragraphs 99–101). It would also like to draw the Government’s attention to the code of practice recently adopted by the ILO entitled Safety and health in ports (Geneva, 2005), which is available, inter alia, at the ILO web site: www.ilo.org/public/english/protection/safework/cops/english/. The Committee would be grateful if the Government could keep the Office informed of any developments in this respect.

[The Government is asked to report in detail in 2010.]