Demande directe (CEACR) - adoptée 1998, publiée 87ème session CIT (1999)

Further to its previous comments, the Committee notes the information provided by the Government on the observations made by the National Union of Labour Directors of the Ministry of Agriculture regarding the working of the labour inspection system in the agricultural sector following the reforms in the organization and powers of the Regional and Departmental Directorates of Agriculture and Forestry introduced by Decrees on 28 December 1994 and subsequent legislation. The Committee notes that, in the opinion both of the trade unions and the Government, the texts in question are not in themselves an obstacle to carrying out labour inspection tasks in the agricultural sector in accordance with the provisions of the Convention; however, the Committee notes that, in practice, secondary budgetary and administrative measures have been such as to undermine observance of certain fundamental provisions of the Convention.

1. Practical application of the Convention

Article 15, paragraph 1(b). Under the terms of a circular dated 18 June 1991 from the Director of Agriculture and Forestry (Central Region), prior authorization from the Director is required for any official travel in the service of the Regional Directorate, including for the purpose of labour inspection in agriculture, and any such request must indicate the cost. None of the reference budget sections referred to in the circular relate specifically to expenditure connected with monitoring activities. The Government also confirms that all operational budget allocations of the Ministry of Agriculture are spread among the regional and departmental directorates, and the central authority does not intervene in the distribution of these allocations among the decentralized services, including those for agricultural labour inspection, employment and social policy services. The Government also indicates that the determination of budget allocations on a decentralized basis is done following consultations with all the heads of the decentralized services at a budget conference in which the Inspection Mission of the Inspectorate of Agricultural Labour, Employment and Social Policy (ITEPSA) takes part. The Committee points out that the very nature of the inspection service implies a high level of routine mobility, but also the need to undertake unplanned journeys both to workplaces liable to inspection and to institutions and bodies upstream or downstream of the inspection process. The Committee emphasized in its 1985 General Survey on labour inspection that excessive red tape (special permits, time restrictions, check in and check out) could be detrimental to the effectiveness of inspectors' movements (paragraph 243) and that, under Article 15, paragraph 2, of the Convention, the competent authority should make the necessary arrangements to reimburse to labour inspectors in agriculture any travelling and incidental expenses which may be necessary for the performance of their duties. It would be desirable, in order to ensure that labour inspectors enjoy the freedom of movement which is essential for the performance of their duties, for any allocations relating to expenditure incurred on inspection visits to be provided for under a specific budget heading. Supervision of the activities of regional and departmental inspection services by the central authority and the production by that central authority of budget forecasts in preparation for its participation in the conference held to determine the distribution at the regional and departmental levels of budget allocations among the services would also thereby be facilitated. The Government is therefore asked to take the necessary measures to maintain throughout its territory a system of labour inspection in agriculture such that, in accordance with Article 7, paragraph 1, inspectors and assistant inspectors are able to carry out their tasks under the supervision and control of the central authority to which they are operationally subordinate, and to ensure that, in accordance with Article 8, paragraph 1, they are independent of any improper external influences. The Committee trusts that the Government will provide information on the specific measures taken to that end in its next report.

Article 20, subparagraph (c). The Committee notes the general information provided by the Government in reply to the observations made by the National Union of Labour Directors of the Ministry of Agriculture alleging failure on the part of the decentralized authorities to respect the principle of confidentiality of sources of complaints. This information is not sufficient to allow the Committee to assess the application of this provision under which, subject to possible exceptions allowed under national legislation, labour inspectors in agriculture must treat as absolutely confidential the sources of any complaint bringing to the notice of defect, a danger in working processes or breach of legal provisions, and must give no intimation to the employer or his representative that the visit of inspection was made in consequence of the receipt of such a complaint. The Committee requests the Government to provide additional information on the measures taken in particular with a view to ensuring that mail addressed to the inspection services or labour inspectors reaches them directly, without any risk of it being opened beforehand by a general mail distribution service in the Departmental and Regional Directorates of Agriculture and Forestry (DDAF and DRAF).

Further to its previous comments, the Committee recalls that the Government was asked to describe the practical functioning of the inspection mission of the ITEPSA, which is the central authority within the meaning of Article 7, and to provide information on the manner in which the central authority proposes to deal with the complaints contained in the communications of the National Union of Labour Directors of the Ministry of Agriculture concerning the application of the above-mentioned provisions of the Convention.

2. Transmission of annual inspection reports

Articles 26 and 27. The Committee notes the communication of the annual inspection activities reports for the years 1993 and 1994. It asks the Government once again to provide such reports in future within the specified time-limits.