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

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous observation on the following points:

The Committee notes with concern that the Government’s reports received in March and in June 2006 are identical to the one received in April 2005 and contain no reply whatsoever to the Committee’s comments in its observation of 2005. The Committee therefore urges the Government to report in as much detail as possible on each of the following points of its previous observation:

1. Legislation. Further to its previous requests, the Committee observes that the Government reports no progress in the enactment of enabling legislation for the provisions of Labour Code regarding the duties and prerogatives of labour inspectors, or the draft decree issuing the general conditions of service of labour inspectors to which the Committee has been referring for many years. It hopes that the Government will shortly be in a position to indicate that progress has been achieved in the enactment of legislation to apply the Convention (Part I of the report form).

2. Inspection staff and material resources. The Committee notes that, according to the Government, the labour inspection services comprise 15 inspectors distributed among three inspectorates and four offices. It requests the Government to state whether it deems this number sufficient for the effective discharge of labour inspection duties in the light of the criteria set in Article 10 of the Convention. The Committee also notes that the Government plans to make use of funding from international cooperation to provide labour inspectors with the material resources and transport facilities they need to carry out their duties, as required by Article 11 of the Convention. It asks the Government to describe any measures it takes in this respect with a view to ensuring, inter alia, that workplaces are inspected as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions (Article 16).

3. Publication of an annual report. The Committee recalls the importance it attaches to the publication, within a reasonable time, of an annual report by the central inspection authority, to be transmitted to the International Labour Office, in accordance with Article 20 of the Convention. It points out that section 469 of the Labour Code provides for such a report. It hopes that the Government will soon be in a position to ensure that a labour inspection report is published covering the subjects listed in Article 21 of the Convention.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.