Demande directe (CEACR) - adoptée 2008, publiée 98ème session CIT (2009)

The Committee takes note of the Government’s brief report and the information in reply to its previous comments, including several statistical tables. It regrets, however, that the tables concerning infringements and relevant inspection activities (infringement reports, penalties and other data) for the year 2007, are partly illegible due to the quality of the photocopy.

Article 3, paragraph 1(a), and Article 10 of the Convention. Geographical distribution of labour inspection personnel, in relation to the distribution of the number of workplaces and workers employed therein. The Committee notes that, according to the statistics for the period July 2007–June 2008, 590 inspectors covered 859,515 workplaces employing 2,044,903 persons. According to the Government in its report under Convention No. 129, the labour inspectorate attached to the Ministry of Manpower and Migration is in charge of all private sector enterprises and agricultural enterprises. The Government’s report under Convention No. 182 on the Worst Forms of Child Labour, 1999, specifies that between 2006 and 2007, 2,000 labour inspectors had reported 72,000 violations of relevant legal provisions. The Committee would be grateful if the Government would specify the number of labour inspectors currently in charge of the enforcement of the legal provisions relating to conditions of work and the protection of workers in industrial and commercial workplaces.

Article 8. Gender distribution of labour inspection personnel. While noting that, according to the Government, the gender distribution of labour inspectors has remained unchanged during the period covered by the report, the Committee would be grateful if it would provide details on this distribution according to grade and category, and indicate any observations made either by the central inspection authority, or by employers, workers or their respective organizations as to any differences in the approach to their duties, of male and female inspectors, especially in workplaces employing mostly women or a significant number of young workers.

Article 3, paragraph 1(b) of the Convention, and paragraph 7 of Recommendation No 81. Labour inspection and child labour. Educational tools on prevention and publicity on penalties. In its comments under Part V of the report form concerning Minimum Age Convention, 1973 (No. 138), the Committee refers to an observation from the former International Confederation of Free Trade Unions (ICFTU) pointing out that children were found to be working in repair and handicraft workshops, as well as in such heavy industries as brick making, textile, leather works and carpet making. According to the international organization, they are exploited by such long hours of work that their very lives are jeopardised. The Committee also refers in the same comment, to information, published on the website of the Office of the UN High Commissioner for Refugees, concerning child labour in other highly hazardous sectors, including building trades, carpentry, mines and quarries. The Government is requested to increase its efforts to promote the wide dissemination of information by the labour inspection authority, through media accessible to the majority of the population (radio, TV and newspapers) or by means of cars equipped with megaphones in localities particularly affected by the phenomenon of child labour, about its adverse effects. In this manner, the families and employers concerned might also be informed that the prosecution of those who use child labour is provided for by relevant laws. The Committee hopes that the Government will supply information on any practical measures taken in this direction and that it will ensure that statistics on cases of violations (and the legal provisions concerned) and penalties imposed (amounts of fines and other actions such as suspension of activities, closure, imprisonment or other administrative or judicial measures) are regularly published, widely disseminated and communicated to the ILO.

Articles 11 and 16. Means of transport and transport-related facilities necessary for the performance by labour inspectors of their duties in industrial and commercial workplaces. The Committee requests the Government to describe the means of transport and transport-related facilities (distribution of vehicles if any, arrangements made with public transport agencies, payment of transportation allowances, reimbursement of travel and travel-related expenses) made available to labour inspectors in order to give effect to Article 16, according to which workplaces shall be inspected as frequently as is necessary to ensure the effective application of the provisions of Article 3, paragraph 1, of the Convention.

Articles 5(a) and 14. Notification of industrial accidents and cases of occupational disease. The Committee notes with interest the collaboration between the Department of Occupational Health and Safety of the Ministry of Manpower and Migration and the National Centre for Studies charged with this issue, with a view to the establishment of an annual research plan based on the inspectors’ report and statistics, aimed at identifying skills and industries which involve the most serious exposure to chemical, mechanical or physical hazards. The Committee would be grateful if the Government would supply the relevant statistics which have been submitted, to this end, to the national research centre mentioned above.

Noting the small proportion of violations in the area of occupational safety and health committed in large-scale enterprises, the Committee would be grateful if the Government would indicate labour inspection activities of a preventive nature undertaken in workplaces occupying fewer than 50 persons and the results achieved.

The Committee would also be grateful if the Government would keep the ILO informed about the impact of the recommendations on health and safety of the research bodies disseminated to the 188 occupational safety and health committees established throughout the country.

Articles 20 and 21. While noting the statistics on labour inspection activities and on the number of workplaces and workers covered, the Committee notes that no annual report as prescribed by the above provisions has been communicated to the ILO. The Committee requests the Government to take measures to ensure that such a report is published and communicated promptly to the ILO. Recalling that it should contain information on the subjects defined by paragraphs (a)–(g) of Article 21, the Committee hopes that the directives provided by Paragraph 9 of Recommendation No. 81 will be taken into account in its elaboration. The Committee would like to draw the Government’s attention on the possibility of requesting ILO technical assistance to this end.