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

Repetition

Article 5(a) of the Convention. Effective cooperation between the inspection services and judicial bodies. In its previous comments, the Committee noted that, in accordance with section 322 of the Labour Code, labour inspectors record offences against labour laws and regulations in written reports and may refer the matter to the competent judicial authorities directly, and asked the Government to provide information in this regard. The Committee notes the Government’s indication in its report that it will take the necessary steps to make cooperation between the Ministry of Labour, Employment, Vocational Training and Social Security and the judicial bodies more formal.The Committee requests the Government to provide: (a) information on any progress achieved in formalizing cooperation between the inspection services and judicial bodies, in accordance with Article 5(a) of the Convention; and (b) statistics pertaining to the action taken on the reports submitted by the labour inspectorate to judicial bodies.

Article 6. Status and conditions of service of inspection staff. In its previous comments, the Committee noted: (a) that the regulations of the labour inspectorate must be established in a decree issued by the Council of Ministers at the proposal of the Minister of Labour (section 319(3) of the Labour Code of 2009); and (b) the Government’s indication that specific regulations for labour inspectors and administrators were being drafted. The Government indicates that the draft regulations for inspectors and administrators envisaged in section 319(3) of the Labour Code have not yet been adopted by the competent authorities, owing to political and military difficulties that arose in 2012, which continue to have an impact on several reform projects under way.While taking due note of the situation in the country, the Committee requests the Government to continue to provide information on the status and conditions of service of inspection staff, in accordance with Article 6 of the Convention, and to provide a copy of the decree once it has been adopted.

Article 7. Training of labour inspectors. In its previous comments, the Committee asked the Government to provide detailed information on training programmes for labour inspectors. In this regard, the Committee notes the information provided by the Government on the training received by labour inspectors, including its indication that: 13 labour inspectors and controllers (inspector assistants) received further training from the Government in cooperation with the African Regional Labour Administration Centre (ARLAC) during the period 2011–18; five inspectors have received training under the project to support the implementation of the ILO Declaration (PAMODEC) on the training of trainers in the area of international labour standards; and 25 have been trained on the implementation of the eight fundamental Conventions and on data collection.The Committee requests the Government to provide additional information in this regard, including on the impact of labour inspectors’ training on the performance of their duties.

Article 9. Association with experts and technicians. The Committee notes that, in accordance with section 325 of the Labour Code, a decree issued by the Council of Ministers at the proposal of the Minister of Labour establishes the conditions and the ways in which labour inspectors may seek support from experts and determine the forms of their remuneration.The Committee requests the Government to provide information on the decree referred to 325 of the Labour Code and to provide a copy of the decree, if adopted.

Articles 13 and 17. Powers of injunction of inspectors and prompt legal proceedings or warnings. The Committee notes that, under section 300 of the Labour Code, the Minister of Labour, together with the Minister of Public Health, shall adopt regulations concerning occupational safety and health at workplaces, in consultation with the National Council for the Prevention of Occupational Hazards. These regulations specify the conditions in which the relevant labour inspector or occupational health specialist must issue notices to comply.The Committee requests the Government to provide information on the regulations referred to in section 300 of the Labour Code and to provide a copy of these regulations, if adopted.

Article 19. Submission of reports of labour inspectors or local inspection offices to the central inspection authority. The Committee notes the information provided in the 2013 partial activity report of the Ministry of Labour, Employment, Vocational Training and Social Security, according to which, following the adoption of Decree No. 12.177 of 4 August 2012, the seven existing regional inspectorates became service directorates. According to the report, as a result of this administrative restructuring, the newly created directorates no longer answer hierarchically to the General Directorate of Labour and Social Welfare or submit their activity reports to it. The Committee also notes that, according to the technical memorandum on the National Strategy for the Development and Modernization of the Labour Administration System of the Central African Republic, there is no manual on the preparation of activity reports, which is why difficulties arise, especially in terms of the availability of comparable data among the various directorates.The Committee requests the Government to provide information on the measures taken or envisaged to ensure that the local inspection offices are required to submit to the central inspection authority periodical reports on the results of their inspection activities, as prescribed by the central authority, with regard to the subjects covered and their frequency. The Committee also requests the Government to provide a copy of Decree No. 12.177 of 4 August 2012 and of Decree No. 05.006 of 12 January 2005 on the organization and operation of the Ministry of the Public Service, Labour, Social Security and the Vocational Integration of Young Persons and establishing the responsibilities of the Minister.

Articles 20 and 21. Annual reports on the work of the inspection services. In its previous comments, the Committee noted that no annual inspection report had been published by the central inspection authority or transmitted to the ILO since the entry into force of the Convention. The Committee notes that the Government provides information on the activities of the General Directorate of Labour and Social Welfare within the Ministry of Labour, Employment, Vocational Training and Social Security (from 2007 to 2013). With regard to labour inspection staff, the Committee notes that, in June 2018, there were 94 labour inspectors and controllers, including 29 women.While taking due note of the information provided on the labour inspection staff and the difficulties facing the country, the Committee requests the Government to take the necessary steps to ensure that annual reports on labour inspection are regularly transmitted to the ILO within the periods established in the abovementioned Articles and that they contain all the information required by Article 21 of the Convention.