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

The Committee notes the detailed information provided by the Government in its report received in September 2009 and in its reply to the previous comments, which reached the Office more recently.

New legislation to protect workers living with HIV/AIDS. The Committee notes with interest the indication by the Government of the adoption of Act No. 12/2009 of 12 March 2009 respecting the rights and duties of persons living with the HIV/AIDS virus, which it indicates defines the necessary prevention, protection and treatment measures. According to the Government, this Act addresses the needs of the persons concerned for protection and makes it possible to combat their stigmatization and discrimination, in accordance with the provisions of article 79(1) of the National Constitution. While noting with concern the information suggesting a significant contamination rate among the personnel of the Ministry of Labour, the Committee however notes that measures have been adopted for the provision of information to public employees and to the public (distribution of condoms and medical treatment to public employees; widespread dissemination of Act No. 5/2002; and distribution of information and advisory pamphlets on medical treatment and nutrition) and that labour inspectors in the north of the country have received training in this field. The Committee also notes with interest that the Ministry has commenced, with ILO support, the revision of the labour inspection manual with a view to helping inspectors address issues related to HIV/AIDS at the workplace. The Committee would be grateful if the Government would provide a copy of Act No. 12/2009 and any text issued thereunder and inform the ILO of the impact of the Act on the operation and results of labour inspection activities in workplaces liable to inspection.

The Government is also requested to provide information on any training provided to inspectors responsible for the application of the above Act (number of inspectors, subjects of the training, duration of courses, etc.), and to provide a copy of the revised manual for the use of inspectors, etc.

Articles 3(1), and 21(a), (b), (d), (e) and (f). Labour inspection staff; activities carried out during 2008 and their results. The Committee notes with interest the efforts made by the Government to compile and communicate in its report detailed information on the activities of the labour inspectorate and their results, despite the inadequacy of the resources available and the distances involved.

Inspection staff, workplaces inspected and workers covered. The Committee observes that in 2008 the inspection staff, composed of 135 employees (inspectors, occupational safety and health experts, controllers, auditors and industrial relations experts) carried out inspections in 5,227 workplaces, thereby exceeding the number of inspections planned (106.49 per cent). According to the Government, these operations addressed compliance with the legislation on all aspects of labour and covered 169,330 workers, including 136,368 men and 25,471 women. A total of 1,187 of the workers concerned were engaged under fixed-term contracts, 11 were miners, 3,138 were national daily workers and 3,095 were foreign workers. The Committee notes with interest the level of detail of this information. With reference to its general observation of 2009, in which it emphasized the need to maintain a register of workplaces liable to inspection as a tool for planning and evaluating inspection activities, the Committee would be grateful if the Government would take measures in cooperation with other Government bodies and institutions in possession of the relevant data with a view to establishing and updating such a register regularly, and if it would keep the ILO informed of the progress achieved in this respect and of any difficulties that may have been encountered.

Number of violations reported. According to the Government, the inspection services reported 8,149 violations of the legislation, issued fines in 2,496 cases (or 30.62 per cent of cases) following written warnings, while 5,653 offences gave rise to warnings in the context of guidance and education activities. Furthermore, during these inspections, the employment relationship of 325 foreign nationals was suspended on the grounds of illegality. The Committee wishes to recall in this respect that, in accordance with the spirit and letter of the Convention, the labour inspectorate should monitor legal provisions respecting conditions of work and the protection of workers, without considering the legal nature of the employment relationship or the status of the worker. The Committee invites the Government to see with reference to this question paragraphs 75 et seq. of its 2006 General Survey on labour inspection and to ensure that the labour inspection services are responsible for ensuring the recovery by workers whose employment relationship is suspended on the grounds of the illegality of their employment of the social entitlements acquired during their employment.

Occupational safety and health. Statistics of industrial accidents. The Committee notes that in 2008 the inspection services were notified of the occurrence of 416 industrial accidents, resulting in 13 deaths, 251 cases of temporary incapacity for work and 106 cases of permanent partial incapacity for work. The Committee requests the Government to indicate the measures adopted following the most serious accidents with a view to preventing their recurrence. In cases where such measures have not been taken, it would be grateful if the Government would facilitate collaboration between the inspection services, employers and workers (or their respective organizations) with a view to promoting an effective culture of prevention, particularly making use of the means advocated in Part II of the Labour Inspection Recommendation, 1947 (No. 81).

Articles 10(b), 11(1)(b) and (2), and 16. The Committee requests the Government to provide specific information on the equipment and transport facilities available to labour inspectors during the course of 2008 to carry out the programme of inspections, and to describe the measures adopted to ensure that workplaces are inspected as often and as thoroughly as necessary.

It would be grateful if the Government would also indicate the procedures for the reimbursement to labour inspectors of the expenses incurred in professional travel undertaken using their own vehicles.

Articles 20 and 21. Publication and communication to the ILO of an annual labour inspection report. The Committee notes with interest that the statistical data provided by the Government on the operation of the labour inspectorate in 2008 amounts to a substantial part of the information that should be contained in the annual report that has to be published in accordance with Article 20. The information covers the issues set out in clauses (a) (laws and regulations), (b) (staff of the inspection services), (d) (statistics of inspection visits), (e) (statistics of violations and penalties imposed) and (f) (statistics of industrial accidents) of Article 21. The Committee is bound to encourage the Government to pursue its efforts for the establishment and proper functioning of a system of reporting on inspection activities throughout the national territory, including statistics of workplaces liable to inspection and the number of workers employed therein (clause (c)) and statistics of occupational diseases (clause (g)). Such a system would make it possible for the central authority to publish an annual report reflecting the operation of the inspection services, their strengths and weaknesses and to determine priorities for action taking into account national possibilities and to make the corresponding budgetary forecasts. The access of employers, workers and their respective organizations to the information contained in the annual report would also enable them to express their opinions with a view to the progressive improvement of the inspection system. Furthermore, the communication of the annual report to the ILO would enable its supervisory bodies to follow on a firm basis the development of the inspection system and to provide support to the Government through their recommendations and advice with a view to the optimal application of the Convention. The Committee invites the Government to refer to Chapter IX of its General Survey with regard to the objectives pursued at both the national and international levels by the provisions of Articles 19, 20 and 21 of the Convention respecting reporting requirements, and requests it to indicate in its next report the measures adopted to give effect to them, the difficulties encountered and the solutions envisaged to overcome them.