Demande directe (CEACR) - adoptée 2022, publiée 111ème session CIT (2023)

Convention (n° 85) sur l'inspection du travail (territoires non métropolitains), 1947 - République-Unie de Tanzanie.Zanzibar (Ratification: 1964)

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The Committee recalls that the ILO Governing Body (at its 334th Session, October–November 2018), on the recommendation of the Standards Review Mechanism (SRM) Tripartite Working Group, confirmed the classification of Convention No. 85 as an outdated instrument, and has placed an item on the agenda of the 112th Session of the International Labour Conference (2024) concerning its abrogation. The Governing Body also called upon the ILO and its tripartite constituents to take appropriate measures to take follow-up action involving abrogation and withdrawal of outdated standards, giving due consideration to the availability of technical assistance to encourage ratification of up-to-date instruments.

In this respect, the Committee takes due note of the Government’s indication in its report, in reply to the Committee’s previous request concerning follow-up to the Governing Body’s decision and the potential abrogation of Convention No. 85, that it will seek technical assistance with respect to the application of the Labour Inspection Convention, 1947 (No. 81) to Zanzibar. The Committee observes in this respect that in order for Convention No. 81 to be applied to Zanzibar, the United Republic of Tanzania would first have to ratify the Convention, and then extend its application to Zanzibar through a declaration to the ILO Director General, in accordance with article 35 of the ILO Constitution. It notes in this respect that Tanganyika is already bound by Convention No. 81, having ratified in 1962. The Committee encourages the Government to continue its efforts to follow up the Governing Body’s decision at its 334th Session (October–November 2018) approving the recommendations of the SRM Tripartite Working Group and to consider ratifying Convention No. 81, as the most up-to-date instrument in this subject area, and extending its application to Zanzibar. Noting the Government’s request for technical assistance from the Office, the Committee firmly hopes that this assistance will be provided in the near future.

Article 2 of the Convention. Training of labour inspectors. The Committee welcomes the Government’s indication, in reply to the Committee’s previous request, that in March 2022, 17 labour officers and inspectors were trained, with ILO assistance, on strategic compliance planning and modern inspection techniques. The Committee also notes that one labour officer received in-depth occupational safety and health training, and that further courses are planned for the future, on the following topics: safe chemical handling; industrial occupational safety; occupational safety investigations; and risk assessment training. The Committee requests the Government to continue to pursue its efforts to ensure that labour inspectors are suitably trained, and to continue to provide information on the training provided, including the subjects covered, the frequency of training sessions, and the number of inspectors participating.

Article 4. Inspections at frequent intervals. Following its previous comment, the Committee welcomes the Government’s indication that for 2021-2022, 377 labour inspection visits were conducted (compared with 222 visits in 2018-2019 and 220 visits in 2014-2015). It also notes that for 2021-2022, 120 inspections were conducted by the Occupational Safety and Health Department (compared with 240 visits in 2018-2019 and 180 visits in 2014-2015). The Committee further notes that Zanzibar is working with the ILO on strategic compliance planning, focused on ensuring better targeted and higher quality inspections in the construction and security sectors. The Committee encourages the Government to pursue its efforts towards strategic compliance planning, and requests information on its implementation and impact. Further, noting the increase in the number of labour inspections, but also the decrease in the number of inspections conducted by the Occupational Safety and Health Department, the Committee requests the Government to provide further information on the reasons for this decrease. Lastly, the Committee requests the Government to continue to provide information on the number of labour inspection visits and occupational safety and health inspections, as well as on the outcomes of these inspections.