Observation (CEACR) - adoptée 2015, publiée 105ème session CIT (2016)

Repetition

Articles 6(1) and (2), 12(1) and 24 of the Convention. Cooperation among institutions to ensure the physical safety of labour inspectors in the performance of their duties in the agricultural sector and enforcement of penalties for obstructing inspectors in the performance of their duties. The Committee notes the Government’s statement that inspection visits in remote rural regions (such as El Chaco) encountered problems when certain employers blocked them with a show of weapons. The Committee notes that, under section 7(3) of Resolution No. 346 of 28 November 1987, approving the labour inspection regulations, the labour inspectorate may request cooperation from the law enforcement authorities in the performance of its duties. It also emphasizes that, under Article 24 of the Convention, adequate penalties shall be provided for by national laws and enforced not only for violations of legal provisions enforceable by labour inspectors, but also for obstructing labour inspectors in the performance of their duties. The Committee requests the Government to provide information on the measures taken with a view to strengthening the authority necessary to labour inspectors in agriculture in their relations with employers and workers in the sector. It also requests the Government to indicate the measures taken by law enforcement authorities to protect inspectors during their visits to certain agricultural undertakings where their physical safety is not guaranteed, and to provide information on the investigations opened and action taken against the authors of such acts, including measures taken in accordance with Article 24 of the Convention.

Articles 6(1), 15 and 21. Lack of adequate logistical resources and transport facilities to meet the needs of labour inspectors in agriculture. The Government makes reference to difficulties in carrying out inspection visits in agricultural undertakings owing to the lack of suitable vehicles and logistical resources, especially in the El Chaco and Amazon regions. The Committee recalls that, under Article 15 of the Convention, the competent authority shall make the necessary arrangements to make available to labour inspectors in agriculture local inspection offices suitably equipped in accordance with the requirements of the service, accessible to the persons concerned, in so far as possible, and located so as to take account of the geographical situation of the agricultural undertakings, and of the means of communication (paragraph 1(a)) and the transport necessary for the performance of their duties in cases where suitable transport facilities do not exist (paragraph 1(b)). The Committee emphasizes the crucial importance of providing labour inspectors with suitable transport facilities, since their mobility is essential for the fulfilment of their duties, particularly in agricultural undertakings, which are by nature located far from urban areas and are often spread over an area without public transport. The Committee therefore requests the Government to take the necessary measures to evaluate these needs and to submit them to the financial authorities with a view to giving effect to the requirements of the Convention. The Committee requests the Government to provide information in its next report on any measures taken in this connection and on the results obtained.