Observation (CEACR) - adoptée 2010, publiée 100ème session CIT (2011)

Further to the information available to the ILO according to which the multilateral regional technical cooperation project ILO/FORSAT, financed by the Ministry of Labour and Social Affairs of Spain, was to be launched with the objective of strengthening the labour administration, the Committee addressed an observation to the Government in 2004, repeated in 2006, 2007, 2008 and 2009, requesting it to provide information on the measures taken in the context of that project and on the results achieved, particularly in the area of labour inspection.

Despite the Committee’s repeated requests, the Government has stopped providing reports on the application of this Convention. The Committee notes with regret that, according to the Government’s indications in its report received on 1 August 2010, the project has never been launched and no relevant information could therefore be provided.

The Committee reminds the Government of its obligation under article 22 of the ILO Constitution to provide a report every two years on the measures taken to give effect to the Convention and of the fact that, in fulfilling this obligation, it could have reported the difficulties preventing the launch of the project and requested ILO support to overcome them. In any case, the suspension of this project did not prevent the Government from providing information on the application of the provisions of the Convention in both law and practice or from ensuring that an annual report on inspection activities is published and transmitted to the ILO in accordance with Articles 20 and 21 of the Convention. The Committee considers that this constitutes serious failure on the part of the Government to fulfil the commitments it made when ratifying the Convention and that it has therefore prevented the Committee from carrying out its duty to oversee its application. The Government is therefore urged to provide a detailed report containing replies to the questions raised under the Articles of the Convention in the report form relating to this Convention and to ensure that an annual report on inspection activities is published and transmitted to the ILO as soon as possible. If a report has not yet been prepared, the Committee requests it to refer to paragraphs 320 et seq. of its General Survey of 2006 on labour inspection, take all necessary measures as a matter of urgency to ensure that full effect is given to Articles 20 and 21 of the Convention and keep the ILO informed in that regard.

[The Government is asked to report in detail in 2011.]