Observation (CEACR) - adoptée 2001, publiée 90ème session CIT (2002)

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

With reference to its previous observation, which has been repeated several times since the discussion in the Conference Committee in 1992 on the difficulties of applying the Convention, the Committee notes the reports sent by the Government in 1998 and 1999. Noting that the Government provides information in reply to earlier direct requests, the Committee emphasizes and reminds the Government that its comments were made in the form of observations published in its reports on the work of the 1995(bis), 1996 and 1997 sessions, and points out that the information supplied by the Government in its reports received in June 1998 and November 1999 do not answer those observations. The Committee must accordingly stress once again that specific and detailed information should be supplied on the following points.

Articles 5(b) and 7 of the Convention. In reply to the question about measures taken to promote collaboration between officials of the labour inspectorate and employees and workers or their organizations, the Government cites the provisions of the Health and Safety Act, 1979. The Committee points out that for one thing, the Act was already mentioned in earlier reports by the Government and, in the Committee’s view, is not sufficient to meet the obligation provided for in Article 5(b) and, for another, the excerpt from the Act attached to the 1999 report does not include the provisions relied on by the Government. The Committee recalls that, in the Government’s report for 1993, it was considered practical to establish tripartite commissions to promote effective collaboration between officials of the labour inspectorate and employers and workers or their organizations. However, the Government found that it was first necessary to raise the level of legal and vocational training of labour inspectors through a programme of technical assistance from the ILO Regional Office. The Committee would be grateful if the Government would provide a copy of the entire Act as now in force together with specific information on the practical aspects of its application. It asks the Government to give details of all measures taken to raise the level of competence of labour inspectors with a view to establishing tripartite commissions for collaboration in labour inspection.

Articles 11 and 16. Recalling the Government’s indication in an earlier report that the working conditions of labour inspectors had improved except in the area of urban transport, the Committee would be grateful if the Government would specify the nature of the improvements made for labour inspectors since 1989 and provide information on any measures taken or envisaged to provide them with the transport facilities they need in order to carry out inspection visits.

Article 10. The Committee notes that no information has been provided on the number, geographical distribution and categories of the labour inspectors covered by this Convention. The Committee considers that in the absence of any figures, it is impossible to ascertain whether the human resources are commensurate with the objectives of the Convention and asks the Government in its next report to provide the detailed information required by the report form on the Convention for each provision of this Article.

Articles 20 and 21. The Committee notes with regret that although the Government has for many years reiterated its commitment to taking appropriate steps to publish and transmit to the ILO an annual inspection report in accordance with these provisions of the Convention, no such report has been received. Also noting that no measures appear to have been taken to ensure that such reports are produced, the Committee reminds the Government that such reporting is an obligation that derives from ratification of the Convention and that technical assistance from the ILO may be sought for the purpose. It would be grateful if the Government would do its utmost as soon as possible to give effect to the relevant provisions of the Convention and to transmit any relevant information to the ILO.

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

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