Labour Inspection (Agriculture) Convention, 1969 (No. 129) - Syrian Arab Republic (RATIFICATION: 1972)

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The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on labour inspection, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection) and 129 (labour inspection (agriculture) together.

The Committee acknowledges the complexity of the situation prevailing on the ground due to the presence of armed groups and armed conflict in the country.

Articles 4 and 5 of Convention No. 81 and Articles 7 and 12 of Convention No. 129. Labour inspection structure and organization. In its previous comment, the Committee noted that the Ministry of Social Affairs was separated from the Ministry of Labour in 2013 and that the new organizational structure of the Ministry of Labour provided for an independent Directorate for labour inspection. The Committee notes the Government’s indications in its report that the Ministry of Social Affairs was re-merged with the Ministry of Labour to create the Ministry of Social Affairs and Labour pursuant to Act No. 16 of 31 July 2016. It further notes that, according to the Government, the labour inspection system in place prior to this merger remains in place, with no changes. The Committee requests the Government to provide information on the structure of the labour inspection system within the Ministry of Social Affairs and Labour, including an organizational chart, if available, and information on collaboration between officials of the labour inspection system and employers and workers or their organizations.

Articles 5(a), 20 and 21 of Convention No. 81 and Articles 12(1), 26 and 27 of Convention No. 129. Data on labour inspection to facilitate the preparation of annual labour inspection reports. Following its previous comment, the Committee notes the Government’s indications that efforts have been undertaken to create an automated database of inspection records to the extent currently possible, as a first step to monitoring the situation and compiling labour inspection data at the national level in order to pave the way for the preparation of an annual labour inspection report. It further notes that this database will be developed to contain full data on workplaces once the current crisis in the country ends, as stable and accurate data are not available with accuracy under the present circumstances. Acknowledging the difficult situation prevailing in the country, the Committee encourages the Government to pursue its efforts, and to continue to provide information and indicate any progress made towards the preparation of annual labour inspection reports.

Issues specifically concerning labour inspection in agriculture

Articles 9, 14 and 15 of Convention No. 129. Recruitment and training of labour inspectors specializing in agriculture. Following its previous comment, the Committee notes the Government’s indications that the number of labour inspectors in agriculture decreased from 20 to 13 between 2013 and 2019 and that there are four governorates where there are no labour inspectors deployed. The Committee also notes the Government’s indications that inspectors in agriculture undergo initial and subsequent training and that a number of training courses for agricultural inspectors have been held in recent years with a view to enabling the Ministry to build the capacities of agricultural labour inspectors in four governorates. The Committee encourages the Government to pursue its efforts to ensure that labour inspectors are adequately trained for the performance of their duties in the agricultural sector, and to provide information on the measures taken or envisaged. It requests the Government to continue to provide information on the recruitment of labour inspectors specializing in agriculture, including the number of inspectors.

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In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on labour inspection, the Committee considers it appropriate to examine Conventions Nos. 81 (labour inspection) and 129 (labour inspection (agriculture)) together.

The Committee acknowledges the complexity of the situation prevailing on the ground due to the presence of armed groups and armed conflict in the country.

Articles 4 and 5 of Convention No. 81 and Articles 7 and 12 of Convention No. 129. Labour inspection structure and organization. In its previous comment, the Committee noted that the Ministry of Social Affairs was separated from the Ministry of Labour in 2013 and that the new organizational structure of the Ministry of Labour provided for an independent Directorate for labour inspection. The Committee notes the Government’s indications in its report that the Ministry of Social Affairs was re-merged with the Ministry of Labour to create the Ministry of Social Affairs and Labour pursuant to Act No. 16 of 31 July 2016. It further notes that, according to the Government, the labour inspection system in place prior to this merger remains in place, with no changes. The Committee requests the Government to provide information on the structure of the labour inspection system within the Ministry of Social Affairs and Labour, including an organizational chart, if available, and information on collaboration between officials of the labour inspection system and employers and workers or their organizations.

Articles 5(a), 20 and 21 of Convention No. 81 and Articles 12(1), 26 and 27 of Convention No. 129. Data on labour inspection to facilitate the preparation of annual labour inspection reports. Following its previous comment, the Committee notes the Government’s indications that efforts have been undertaken to create an automated database of inspection records to the extent currently possible, as a first step to monitoring the situation and compiling labour inspection data at the national level in order to pave the way for the preparation of an annual labour inspection report. It further notes that this database will be developed to contain full data on workplaces once the current crisis in the country ends, as stable and accurate data are not available with accuracy under the present circumstances. Acknowledging the difficult situation prevailing in the country, the Committee encourages the Government to pursue its efforts, and to continue to provide information and indicate any progress made towards the preparation of annual labour inspection reports.

Issues specifically concerning labour inspection in agriculture

Articles 9, 14 and 15 of Convention No. 129. Recruitment and training of labour inspectors specializing in agriculture. Following its previous comment, the Committee notes the Government’s indications that the number of labour inspectors in agriculture decreased from 20 to 13 between 2013 and 2019 and that there are four governorates where there are no labour inspectors deployed. The Committee also notes the Government’s indications that inspectors in agriculture undergo initial and subsequent training and that a number of training courses for agricultural inspectors have been held in recent years with a view to enabling the Ministry to build the capacities of agricultural labour inspectors in four governorates. The Committee encourages the Government to pursue its efforts to ensure that labour inspectors are adequately trained for the performance of their duties in the agricultural sector, and to provide information on the measures taken or envisaged. It requests the Government to continue to provide information on the recruitment of labour inspectors specializing in agriculture, including the number of inspectors.

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The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

The Committee requests the Government to refer to its comments on the application of the Labour Inspection Convention, 1947 (No. 81), concerning the follow-up given to the 2010 ILO technical assistance in the context of the recommendations of the labour inspection needs assessment.

Articles 7, 9, 14 and 15 of the Convention. Structure and organization of the labour inspection services in agriculture. Recruitment and training of labour inspectors specializing in agriculture. Material means. The Committee notes the Government’s indications in its report that the Government is planning, following the adoption of Legislative Decree No. 15 of 2013, to set up a new department for labour inspection, integrating the agricultural and industrial labour inspection services. The Government further indicates that while the current number of 20 labour inspectors in agriculture against the number of 10,437 workplaces liable to inspection is insufficient, a budget was earmarked for 100 agricultural inspectors to enhance labour inspections in agriculture. The Committee also notes that the Government refers to the insufficient means of transport facilities and the insufficient remuneration of labour inspectors in agriculture. The Government indicates that training has been provided to labour inspectors without providing further specifications. The Committee requests the Government to provide information on the progress made with the establishment of an integrated department for labour inspection (agricultural and industrial labour inspection services), and the recruitment of the additional labour inspectors specializing in agriculture. Please also provide information on any training provided to labour inspectors in agriculture (number of participants, subjects covered, etc.).

The Government further requests the Committee to provide, where applicable, information on any progress made concerning the transport facilities available to labour inspectors, and the adequate remuneration of labour inspectors specializing in agriculture.

Articles 26 and 27. Establishment of a database on agricultural enterprises to facilitate the preparation of annual reports on the activities of the labour inspection services in agriculture. The Committee previously noted with interest the establishment of a list of definitely approved workplaces in agriculture, and that other data, on the geographical distribution and type of workers employed in these enterprises, would soon be available.

The Committee notes the statistical information in the 2011 report on the activities of the labour inspection services in agriculture, as communicated to the ILO in 2013. It also notes the Government’s indications that the 2012 report has not been finalized due to the current circumstances in the Syrian Arab Republic. The Committee requests the Government, where applicable, to indicate any progress made with the establishment of a database on agricultural enterprises.

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The Committee requests the Government to refer to its comments on the application of the Labour Inspection Convention, 1947 (No. 81), concerning the follow-up given to the 2010 ILO technical assistance in the context of the recommendations of the labour inspection needs assessment.

Articles 7, 9, 14 and 15 of the Convention. Structure and organization of the labour inspection services in agriculture. Recruitment and training of labour inspectors specializing in agriculture. Material means. The Committee notes the Government’s indications in its report that the Government is planning, following the adoption of Legislative Decree No. 15 of 2013, to set up a new department for labour inspection, integrating the agricultural and industrial labour inspection services. The Government further indicates that while the current number of 20 labour inspectors in agriculture against the number of 10,437 workplaces liable to inspection is insufficient, a budget was earmarked for 100 agricultural inspectors to enhance labour inspections in agriculture. The Committee also notes that the Government refers to the insufficient means of transport facilities and the insufficient remuneration of labour inspectors in agriculture. The Government indicates that training has been provided to labour inspectors without providing further specifications. The Committee requests the Government to provide information on the progress made with the establishment of an integrated department for labour inspection (agricultural and industrial labour inspection services), and the recruitment of the additional labour inspectors specializing in agriculture. Please also provide information on any training provided to labour inspectors in agriculture (number of participants, subjects covered, etc.).

The Government further requests the Committee to provide, where applicable, information on any progress made concerning the transport facilities available to labour inspectors, and the adequate remuneration of labour inspectors specializing in agriculture.

Articles 26 and 27. Establishment of a database on agricultural enterprises to facilitate the preparation of annual reports on the activities of the labour inspection services in agriculture. The Committee previously noted with interest the establishment of a list of definitely approved workplaces in agriculture, and that other data, on the geographical distribution and type of workers employed in these enterprises, would soon be available.

The Committee notes the statistical information in the 2011 report on the activities of the labour inspection services in agriculture, as communicated to the ILO in 2013. It also notes the Government’s indications that the 2012 report has not been finalized due to the current circumstances in the Syrian Arab Republic. The Committee requests the Government, where applicable, to indicate any progress made with the establishment of a database on agricultural enterprises.

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The Committee notes the general human rights situation in the country as referred to in its comments under the Abolition of Forced Labour Convention, 1957 (No. 105). It also notes that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:

Repetition

The Committee refers to its observation on the application of the Labour Inspection Convention, 1947 (No. 81), concerning the follow-up given to the ILO technical assistance in the context of the Decent Work Country Programme, the recommendations of the labour inspection audit and the adoption of the new Labour Code.

The Committee trusts that the active cooperation between the Government and the ILO for the implementation of the recommendations of the labour inspection audit will continue, with due regard for the provisions of this Convention and taking into account the relevant guidelines contained in the Labour Inspection (Agriculture) Recommendation, 1969 (No. 133), as well as those contained in the general observations that the Committee addressed to the governments: in 2007, on the need for effective cooperation between the labour inspection services and the justice system; in 2009 on the importance of having and updating a register of establishments; and, in 2010, on the usefulness of publishing an annual report containing information on labour inspection activities in agriculture, enabling them to evaluate the results of the work they have been assigned and, subsequently, to determine the means necessary to improve their effectiveness.

The Committee requests the Government to inform the ILO of any progress achieved as well as of any difficulties it might have encountered in the implementation of the audit’s recommendations concerning the organization and running of the labour inspection services in agriculture, and to send a copy of any relevant text, in particular the implementing texts provided for under sections 245, 247, 250 and 251 of the new Labour Code.

Articles 14 and 21 of the Convention. Establishing a register of agricultural enterprises and strengthening the labour inspection staff. The Committee notes with interest that, thanks to the cooperation between the Ministry of Agriculture and the provincial directorates of social and labour affairs, the plan to set up a database on agricultural enterprises has advanced to such an extent that it has been possible to establish a list of definitely approved establishments. These enterprises are mainly involved in cattle farming, chicken farming, fish farming and bee-keeping. The Committee notes with interest that other data, on the geographical distribution and type of workers employed in these enterprises, will soon be available. The Committee would be grateful if the Government would indicate in its next report the progress made in this area and to send the ILO a copy of any documents or relevant reports.

The Committee also notes with interest, according to information provided by the Government, that several officials have been recruited and are at present undergoing training, and that they will fill the posts of labour inspectors in agriculture. Furthermore, the provincial directorates of social and labour affairs are being asked to state their needs in terms of inspectors, with a view to the budgetary planning for 2012. The Committee would be grateful if the Government would indicate the number of inspectors recruited and to provide details on the type and duration of their training before being assigned to their post of labour inspector in agriculture.

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

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The Committee refers to its observation on the application of the Labour Inspection Convention, 1947 (No. 81), concerning the follow-up given to the ILO technical assistance in the context of the Decent Work Country Programme, the recommendations of the labour inspection audit and the adoption of the new Labour Code.

The Committee trusts that the active cooperation between the Government and the ILO for the implementation of the recommendations of the labour inspection audit will continue, with due regard for the provisions of this Convention and taking into account the relevant guidelines contained in the Labour Inspection (Agriculture) Recommendation, 1969 (No. 133), as well as those contained in the general observations that the Committee addressed to the governments: in 2007, on the need for effective cooperation between the labour inspection services and the justice system; in 2009 on the importance of having and updating a register of establishments; and, in 2010, on the usefulness of publishing an annual report containing information on labour inspection activities in agriculture, enabling them to evaluate the results of the work they have been assigned and, subsequently, to determine the means necessary to improve their effectiveness.

The Committee requests the Government to inform the ILO of any progress achieved as well as of any difficulties it might have encountered in the implementation of the audit’s recommendations concerning the organization and running of the labour inspection services in agriculture, and to send a copy of any relevant text, in particular the implementing texts provided for under sections 245, 247, 250 and 251 of the new Labour Code.

Articles 14 and 21 of the Convention. Establishing a register of agricultural enterprises and strengthening the labour inspection staff. The Committee notes with interest that, thanks to the cooperation between the Ministry of Agriculture and the provincial directorates of social and labour affairs, the plan to set up a database on agricultural enterprises has advanced to such an extent that it has been possible to establish a list of definitely approved establishments. These enterprises are mainly involved in cattle farming, chicken farming, fish farming and bee keeping. The Committee notes with interest that other data, on the geographical distribution and type of workers employed in these enterprises, will soon be available. The Committee would be grateful if the Government would indicate in its next report the progress made in this area and to send the ILO a copy of any documents or relevant reports.

The Committee also notes with interest, according to information provided by the Government, that several officials have been recruited and are at present undergoing training, and that they will fill the posts of labour inspectors in agriculture. Furthermore, the provincial directorates of social and labour affairs are being asked to state their needs in terms of inspectors, with a view to the budgetary planning for 2012. The Committee would be grateful if the Government would indicate the number of inspectors recruited and to provide details on the type and duration of their training before being assigned to their post of labour inspector in agriculture.

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Principal reasons for the lack of a satisfactory inspection system in agriculture and the place of labour inspection in the objectives of the Decent Work Programme (2008–10). The Committee notes that, despite the adoption of relevant texts for the development of labour inspection in agriculture, numerous obstacles persist, namely:

–      the insufficient number of inspectors;

–      the severe lack of specific training activities designed to update the skills of labour inspectors, particularly with regard to occupational safety and health;

–      the derisory financial resources in relation to the size of the agricultural sector;

–      the lack of compensation for inspectors for the conditions of work in a particularly difficult sector;

–      the lack of job security for inspectors;

–      the lack of experience of inspectors, the very limited awareness of agricultural workers and employers and the lack of knowledge concerning the labour legislation.

The Committee notes that, according to the Government, the report on the application of the Convention has been forwarded to several bodies and institutions, such as the Ministry of Foreign Affairs, Ministry of Industry, the Confederation of Trade Unions and the Damascus Chamber of Industry. It notes, however, that the report was not sent to the Ministry of Finance, the Ministry responsible for the Public Service and Domestic Affairs, the Ministry of Education or the Ministry of Justice, even though the matters raised in the report concern issues falling within the remit of each of these bodies and the bodies concerned could contribute to strengthening the labour inspectorate. The matters raised relate to the allocation of the financial resources necessary for its operation, the updating of the training of labour inspectors as public servants, the phenomenon of child labour and the support of the police and judicial bodies in labour inspection activities.

The Committee requests the Government to ensure that labour inspection, which has been made a national priority under the Decent Work Programme established for the country, is gradually allocated the necessary financial resources to strengthen the number and qualifications of inspectors assigned to the agricultural sector. It draws the Government’s attention in particular to the need to ensure that the conditions of service of inspectors are such that they are assured of stability of employment, especially through appropriate career prospects, and requests it to provide information in its next report on any progress made to that end in both law and practice and on any difficulties encountered.

The Committee also requests the Government to indicate the measures adopted in the context of the implementation of the Decent Work Programme with regard to the establishment of a labour inspection system operating effectively in agriculture, including appropriate cooperation mechanisms involving the other bodies and institutions concerned, and the social partners.

Articles 26 and 27 of the Convention. Annual report on inspection activities. Noting the Government’s assessment that 24 labour inspectors is a derisory number in relation to the size of the agricultural sector, the Committee notes the lack of any annual report which would allow an accurate assessment of the nature and volume of activities carried out by these inspectors. Furthermore, the Government’s brief indication of a single judicial body in relation to the provisions of the Convention, without specifying its purpose, is not sufficient to allow an assessment of the impact of the legal provisions allocating educational duties to labour inspectors to encourage employers to comply with the legislation on conditions of work and duties relating to the imposition of penalties in the case of resistance on the part of employers. The Committee therefore urges the Government to provide a copy of the annual report on labour inspection in agricultural undertakings, which has not been sent to the Office, as well as copies of the subsequent annual reports prepared during the period covered by the Government’s next report.

Hoping that information on the content of the decisions handed down by the courts following the proceedings initiated by the labour inspectorate in agriculture will be included in the annual report, the Committee nonetheless requests the Government to provide the information available in this regard in its next report.

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The Committee notes the Government’s report for the period ending on 2 September 2007 containing information in response to its previous comments, and the attached documentation, including the following Orders recently issued by the Ministry of Social Affairs and Labour:

–      Order No. 460 of 2007 issuing implementing regulations for Act No. 56 of 2004 on labour inspection;

–           instructions of the Minister of Social Affairs and Labour on the settlement of labour disputes in agriculture contained in Circular No. PG/2/2093 of 26 February 2007;

–      Order No. 365 of 25 February 2007 establishing rules on prevention in agricultural processes, including the handling of hazardous substances;

–      Order No. 972 of 7 May 2006 defining light work which may be entrusted to minors over 15 years of age;

–      Order No. 973 of 7 May 2006 defining agricultural activities;

–      Order No. 974 of 7 May 2006 respecting accommodation requirements for agricultural workers;

–      Order No. 975 of 7 May 2006 specifying the cases in which agricultural workers may work temporarily for another agricultural employer;

–      Order No. 977 of 7 May 2006 specifying the cases in which the employer is required to provide accommodation for agricultural employees;

–      Order No. 978 of 7 May 2006 defining types of work that cause occupational diseases and requiring agricultural employers to ensure that workers performing these types of work undergo quarterly medical examinations (in particular, work related to the preparation and handling of pesticides and work that involves standing for more than five hours; exposure to ionizing radiations in modern agricultural technologies; exposure to diseased animals; allergy to straw, alfalfa and soil; exposure to chemicals and noise; the transport of heavy loads; and tasks involving exposure to repetitive strain injury);

–      Order No. 979 of 7 May 2006 on the requirement for agricultural employers employing more than 50 workers to make available to them a nurse, to be under the supervision of a doctor, and responsible for a first-aid kit;

–      Order No. 980 on the prohibition of night work for women; and

–      Order No. 981 on the period of day work in agricultural work.

Article 6, paragraph 1, and Articles 2, 12, 13, 14, 15, 16, 18, 21, 22, 23, 24 and 25 of the Convention. Enforcement of the legal provisions covered by the Convention and the prevention of violations. The Committee notes with interest the special regulations on working and living conditions in agricultural undertakings issued under Act No. 56 of 2004 on labour relations in the agricultural sector. It also notes with interest that many of these texts were adopted after consultation with the social partners concerned. Nevertheless, according to the Government, the budget for labour inspection in agriculture is still insufficient given the recent development of this area of inspection, and should be increased yearly. The circular of 26 April 2001, which the Committee welcomed in its previous observation, called upon the directors of social and labour affairs in the governorates to attach greater importance to labour inspection in agriculture to protect the rights of workers and employers, and promote occupational safety and health. However, the Government provides no information on its impact in practice. The Committee would be grateful if the Government would indicate whether additional human, material and logistical resources (such as transport facilities) have been allocated for the work of the inspectorate in the agricultural sector for the period covered by its next report. It would be grateful for details on inspection activities relating to the recently adopted legal provisions (preventive measures, such as information, advice, observations, warnings, injunctions, and default notices, and enforcement measures, including administrative penalties, fines and custodial sentences). It would be grateful if the Government would provide copies or extracts of periodical inspection reports, as prescribed in Article 25, and any documents of proceedings brought against agricultural employers for breaches of the law.

Further to its general observation of 2007, the Committee would be grateful if the Government would provide information on the measures taken to ensure support from judicial bodies for the work and objectives of the labour inspectorate and on the results achieved.

Protection of migrant workers. According to information available at the ILO on the conclusions of a mission to the country carried out from 14 to 17 December 2007 by the Bureau for Workers’ Activities (ACTRAV), with the participation of the ILO Regional Office, an agreement has been concluded to develop cooperation between the ILO and the International Confederation of Arab Trade Unions (ICATU) to address the challenges confronting Arab and Palestinian workers and promote decent work for all throughout the region. The Committee would be grateful if the Government would provide information on all developments in this area and to specify whether and how the recently adopted regulations referred to above on the living and working conditions of agricultural workers are applied to migrant workers in agriculture.

Articles 26 and 27. Annual inspection report. The Committee notes that, according to the Government, the report on the work of the labour inspectorate is forwarded to all concerned bodies in the country, international organizations and agricultural employers and their organizations. However, it observes that workers do not appear to be included among the recipients of the report, and that no report has been sent to the ILO since the report for 2003, which was received by the Office in 2005. The Committee accordingly reminds the Government of the requirement for the central inspection authority to publish an annual report within the time limits prescribed by Article 26, with the aim of making it available to all interested parties, including workers and their representatives. It also emphasizes the requirement set out in the same provision to communicate the report to the ILO and hopes that the next annual report will contain information on each of the subjects listed at Article 27, presented as far as possible in the manner indicated in Paragraph 9 of Recommendation No. 81.

With reference to its direct request of 2007 on the application of the Worst Forms of Child Labour Convention, 1999 (No. 182), the Committee hopes that the Government will ensure that the annual report on labour inspection in agriculture contains information on the child labour situation, the offences reported and the penalties applied to offenders.

Implementation of the Decent Work Country Programme (DWCP). Noting that the DWCP for the period 2008–10 gives priority to the implementation of strong labour inspection systems, in which the social partners are involved in developing the concept of an integrated labour inspectorate and defining appropriate cooperation mechanisms, the Committee requests the Government to keep the Office informed of progress in implementing this programme and of any difficulties encountered.

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The Committee refers the Government to its observation and would be grateful if the Government would provide further information on the following matters.

1. Articles 14 and 15 of the Convention. Material means for the labour inspectorate. The Committee notes with interest that the Government has undertaken to support the labour inspection units of the governorates and to organize a competition for the recruitment of economics and law graduates. The Committee would be grateful if the Government would provide information on the budgetary measures taken or envisaged to fulfil this undertaking. Further to its previous comments, the Committee requests the Government to provide details on the impact of the circular of 26 April 2001 instructing directors of social affairs and labour to provide labour inspectors in agriculture with the facilities they need to improve labour inspection in agriculture.

2. Article 18. Labour inspectors’ authority to issue orders in the event of danger to health or safety. The Committee notes with interest that under section 127 of Act No. 56 of 2004, labour inspectors may issue orders to employers for the purpose of removing risks to workers’ health and safety. The Committee observes that orders to halt work are nonetheless subject to authorization from the governor, and requests the Government to indicate how it ensures that the formalities for obtaining such authorization are not an obstacle to securing the immediate protection of agricultural workers in the event of imminent danger.

3. Article 19. Notification of occupational accidents and cases of occupational disease. The Committee takes note of the succinct statistics on occupational accidents broken down by region. It draws the Government’s attention to the ILO practical guide on the recording and notification of occupational accidents and diseases (1996), which provides guidance on how to compile and use relevant statistics in order to identify priority requirements for protection against occupational risks and determine useful means of prevention. The Committee requests the Government to adopt measures to improve the procedure for notifying occupational accidents, in particular, by designing suitable forms for notification. Please keep the ILO informed of progress in this matter. The Committee would be grateful if the Government would ensure that labour inspectors are given responsibility for alerting employers and workers in agriculture to the need to be attentive to occupationally-incurred ailments and to notify them to the inspection services.

4. Article 6, paragraph 2.  Supervision of the living conditions of agricultural workers and their families. The Committee notes that, under Act No. 56 of 2004, labour inspectors retain authority for supervising health standards in the accommodation of agricultural workers, and requests the Government to provide information on the extent of such supervision in practice and its results. It would be grateful if the Government would indicate whether it envisages extending such supervision to the health and safety conditions of members of agricultural workers’ families who live with them at the agricultural undertakings.

5. Articles 26 and 27. Annual inspection report. The Committee notes that the annual report on the work of the inspection services in agriculture indicates neither the number of undertakings subject to inspection nor the number of workers employed in them. The Committee points out that this information is essential to assessing the coverage of the labour inspection system. It asks the Government to draw the attention of the central inspection authority to the guidance provided in Part IV of Recommendation No. 81 on how the information required by Article 27 can be set out in the annual report in such a way as to be useful to an evaluation of the work of the labour inspectorate and the effect given to the legislation subject to its supervision, and to determining the measures needed for improvement. The Committee hopes that there will be progress in this area and that the next annual report on inspection in agriculture will give a clearer idea of the extent to which the labour inspection system is able to operate in the agricultural sector, and that the report will be published in such a way that the social partners have the opportunity to become acquainted with it and propose relevant suggestions, in accordance with Article 26.

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The Committee notes the Government’s report and the annual report on the work of the labour inspection system in agriculture for the year 2003. It notes with interest the adoption of Act No. 56 of 2004 on labour relations in the agricultural sector which contains provisions regarding labour inspection in agriculture and the work of women and children. The Committee requests the Government to keep the ILO informed of progress in the instructions needed in order for these provisions to be implemented which, according to the report, are being drafted. Please provide a copy of any final texts.

The Committee raises other matters in a request addressed directly to the Government.

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The Committee refers the Government to its observation, and notes with interest the information in the annual inspection reports showing by region the human resources and vehicles at the disposal of the labour inspectorate in agriculture, and indicating the needs still to be met. Noting that for a number of inspection services with no vehicle this is not registered as a need, it requests the Government to explain the manner in which it is ensured that the agricultural enterprises covered by these services are supervised by the labour inspectors to enforce the legal provisions relating to conditions of work and the protection of workers.

Noting also that the table on the geographical distribution of employment accidents contains no figures for the agricultural sector, the Committee would be grateful if the Government would indicate whether the table reflects the actual situation or difficulties encountered by the inspection services in obtaining relevant data. If so, the Government is asked to provide information on the impact of the circular of 21 April 2001 on the inspectors’ ability to collect such information.

Noting the information in the Government’s report for the period ending in September 2002 indicating a number of employment accidents and cases of occupational disease, and their causes, in all sectors including agriculture, the Committee would be grateful if the Government would provide information on the measures it asserts it has taken in the context of the labour inspection inquiries carried out in the presence of a representative of the farmers’ organization with a view to securing better conditions of occupational health and safety in agricultural enterprises, and indicate any results obtained.

Lastly, the Government is asked to indicate whether the annual report on labour inspection in agricultural enterprises is published in accordance with paragraphs 1 and 2 of Article 26 of the Convention. If not, the Committee hopes that the Government will ensure that measures are taken to give effect to these provisions, since their implementation will enable the social partners concerned to be made aware of the efforts made to adapt the means at the disposal of labour inspection to the specific needs of the agricultural sector and to elicit their reactions with a view to possible improvements.

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The Committee notes the Government’s reports, the information sent in reply to its previous comments and the annual inspection reports for 1999, 2000 and 2001. It notes with satisfaction that, further to its request, the Government sent instructions to the directors of social affairs and labour in a circular of 26 April 2001, emphasizing the need to provide the inspection services with the human and material resources they need to inspect the agricultural enterprises under their supervision and requesting them to take measures to secure the inclusion in their biannual activities reports of information relating specifically to inspection activities in agriculture, particularly concerning the protection of workers against occupational risks.

The Government also indicates that most of the provisions of Agricultural Relations Act No. 134 of 1958 are being revised and that the provisions relating to labour inspection envisaged by the draft amendment will give effect to this Convention. The Committee would be grateful if the Government would provide information on any developments in this matter.

The Committee is addressing a request on certain points directly to the Government.

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The Committee notes that the Government’s report does not contain the information requested previously. It is therefore bound to reiterate its previous comments on the following points:

The Committee notes that neither the Government’s report nor the annual report provide information on the human and material resources available to the labour inspectorate to discharge its functions in the agricultural sector. It also observes the information in the annual report that, during the period under consideration, no inspections were carried out in agricultural establishments, even though the number of physical work-related accidents amounted to 188. The statistics on occupational diseases provided in the annual report are not disaggregated by branch of activity or economic sector, and do not therefore indicate the number of cases which occurred in agricultural activities. The Government indicates in this respect in its report that appropriate statistics will be provided when they become available. The Committee concludes from the above that the agricultural sector suffers from an absence of any inspection and that the Convention is not applied. It wishes to draw the Government’s attention to the fact that inspections in agricultural enterprises are the most effective means of ascertaining their occupational health and safety situation. The total absence of such inspections is bound to encourage employers to neglect measures of prevention and protection for workers against employment accidents and occupational diseases. Furthermore, lack of knowledge of the scope of application of the relevant legal provisions does not facilitate the implementation of policies or measures to improve health and safety conditions in the agricultural sector, and contributes to marginalizing workers in the sector in relation to national policy in these areas. The priority is therefore to take the necessary measures to ensure that the inspection services discharge their function, in accordance with Article 21 of the Convention, of inspecting agricultural enterprises as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions. The Committee requests the Government to take the necessary measures as soon as possible for this purpose and to ensure the inclusion in annual inspection reports of separate statistics for the agricultural sector on each of the subjects enumerated in Article 27(b) to (g).

Furthermore, noting that the copy of the annual inspection report for 1999 announced by the Government in its report has not been received, the Committee requests the Government to take the necessary measures to ensure in future the publication and transmission to the ILO of such a report within the time limits set out in Article 26.

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The Committee notes the Government’s report. It also notes the annual general inspection report for 1997. The Committee notes that neither the Government’s report nor the annual report provide information on the human and material resources available to the labour inspectorate to discharge its functions in the agricultural sector. It also observes the information in the annual report that, during the period under consideration, no inspections were carried out in agricultural establishments, even though the number of physical work-related accidents amounted to 188. The statistics on occupational diseases provided in the annual report are not disaggregated by branch of activity or economic sector, and do not therefore indicate the number of cases which occurred in agricultural activities. The Government indicates in this respect in its report that appropriate statistics will be provided when they become available. The Committee concludes from the above that the agricultural sector suffers from an absence of any inspection and that the Convention is not applied. It wishes to draw the Government’s attention to the fact that inspections in agricultural enterprises are the most effective means of ascertaining their occupational health and safety situation. The total absence of such inspections is bound to encourage employers to neglect measures of prevention and for the protection of workers against employment accidents and occupational diseases. Furthermore, lack of knowledge of the scope of application of the relevant legal provisions does not facilitate the implementation of policies or measures to improve health and safety conditions in the agricultural sector, and contributes to marginalizing workers in the sector in relation to national policy in these areas. The priority is therefore to take the necessary measures to ensure that the inspection services discharge their function, in accordance with Article 21 of the Convention, of inspecting agricultural enterprises as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions. The Committee requests the Government to take the necessary measures as soon as possible for this purpose and to ensure the inclusion in annual inspection reports of separate statistics for the agricultural sector on each of the subjects enumerated in Article 27(b) to (g).

[The Government is asked to report in detail in 2001.]

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The Committee takes note of the Government's reports and of the annual reports on the activities of the labour inspection service in the agricultural sector for 1994, 1995 and 1996.

Noting that the annual reports contain the information required by Article 27, subparagraphs (a) to (f), of the Convention, and referring to its general observation of 1996 concerning Convention No. 81, the Committee requests the Government to take the necessary measures to ensure that statistical information on occupational illnesses and their causes is also provided in these reports, in accordance with subparagraph (g) of this Article.

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Article 16, paragraph 3, of the Convention. The Committee recalls that for many years it has been asking the Government to amend section 248 of the Act to organise agricultural relations so as to provide for the notification not only of the employer or his representative of an inspector's presence at the workplace, but also the workers or their representatives. It notes the information that the amendment has not yet been adopted but that the Ministry of Labour has requested the competent authority to take the necessary measures for its adoption. The Committee trusts the Government will not fail to ensure that the said amendment is adopted shortly and a copy of the adopted text communicated.

Articles 26 and 27. Further to its previous comments, the Committee notes with interest that the annual inspection report for 1992 contains all the particulars listed in Article 27 (a) to (g) of the Convention. It notes however that this report for 1992 was only received by the Office in 1995. The Committee would like to point out that such reports should be published within a reasonable time after the end of the year to which they relate and in any case within the following 12 months, and copies should be transmitted to the Director-General within three months after their publication (Article 26, paragraphs 2 and 3). The Committee hopes the Government will take the necessary measures in this respect.

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Article 16, paragraph 3, of the Convention. Further to its previous comments, the Committee notes that the amendment to section 248 of the Act to organize agricultural relations, that the Government said was envisaged in order to provide for the notification not only of the employer or his representative of an inspector's presence at the workplace, but also the workers or their representatives, has not been adopted. It trusts the necessary measures will be taken to permit the adoption of this amendment and ensure compliance with this Article of the Convention.

Articles 26 and 27. Further to its previous comments, the Committee notes that the annual report of the inspection services for 1989 has been received but that it does not contain information required by Article 27, paragraph (a), (laws and regulations relevant to the work of labour inspection in agriculture), paragraph (c) (statistics of agricultural undertakings liable to inspection and the number of persons working therein), and paragraph (g) (statistics of occupational diseases, including their causes). The Committee wishes to reiterate the importance it attaches to the publication of such annual reports within the time required by Article 26 and containing all the information required by Article 27 and in particular those referred to in paragraphs (a), (c) and (g) of this Article, to enable it to ensure the full implementation of the Convention. It trusts the necessary measures will soon be taken in this respect.

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Article 16, paragraph 3, of the Convention. For many years the Committee has been asking the Government to amend section 248 of the Act to organise agricultural relations so as to provide for the notification not only of the employer or his representative of an inspector's presence at the workplace, but also the workers or their representatives. The Committee notes the information provided by the Government indicating that an appropriate amendment is envisaged. The Committee hopes a copy will be forwarded soon.

Articles 26 and 27. In previous comments, the Committee noted that statistical tables appended to the Government's reports did not contain the information required, nor had annual reports on the work of the inspection services in agriculture been published or communicated to the ILO. The Committee notes from the Government's report that instructions have been given to include within an annual report the statistical series required by the Convention. In this regard, the Committee notes that information required by Article 27, paragraphs (a) (laws and regulations relevant to the work of labour inspection in agriculture), (c) (statistics of agricultural undertakings liable to inspection and the number of persons working therein), (f) (statistics of occupational accidents, including their causes) and (g) (statistics of occupational diseases, including their causes), were not included in the most recent annual report the Committee has reviewed, that for 1988. The Committee recalls the importance of annual inspection reports as a means of verifying that legal provisions are being supervised in agricultural undertakings in accordance with Article 21. It hopes that the necessary measures will soon be taken to ensure that a full annual inspection report is properly published and sent to the ILO as required by the Convention.

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The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

Article 16, paragraph 3, of the Convention. For many years the Committee has been drawing the Government's attention to the fact that labour inspectors must, on the occasion of an inspection visit, notify not only the employer or his representative of their presence (as provided by section 248 of the Act to organise agricultural relations), but also the workers or their representatives. In its report for 1986, the Government stated that the Act to organise agricultural relations was to be amended in order to give full effect to this provision of the Convention. The Committee regrets to note, from the Government's last report, that it has changed its position and considers that the legislation that is in force is in conformity with the Convention since, during inspection visits at the workplace, inspectors necessarily come into contact with workers. The Committee is bound to note that inspection visits to offices (for example, for the purposes of inspecting documents) do not automatically result in contact with the workers. It therefore requests the Government to take the necessary measures to amend section 248 of the Act, so as to provide explicitly that workers or their representatives should be informed of the presence of inspectors in the enterprise in the same way as employers or their representatives. Articles 26 and 27. The Committee notes that the statistical tables appended to the Government's report do not contain the information required under Article 27 of the Convention. Furthermore, it recalls that, by virtue of Article 26 of the Convention, an annual report on the work of the inspection services in agriculture (either in the form of a separate report, or as part of a general annual report of the labour inspection services) must be published and communicated to the ILO within 12 months after the end of the year to which it relates. It therefore trusts that, in future, reports containing information on all the subjects laid down in Article 27 will be published and communicated to the ILO within the time limits set forth in Article 26.

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