Labour Inspection Convention, 1947 (No. 81) - Guinea (RATIFICATION: 1959)

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The Committee notes that, in March 2021, the Governing Body declared receivable a representation submitted by the International Union of Food, Agricultural, Hotel, Restaurant, Catering, Tobacco and Allied Workers' Associations (IUF) under article 24 of the ILO Constitution, alleging non-observance by Guinea of the Convention, as well as of the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187), and the Protection of Wages Convention, 1949 (No. 95), and appointed a tripartite committee to examine it (GB.341/INS/14/6, March 2021). The Committee notes that the allegations contained in the representation refer to Articles3, 6, 9, 10, 11 and 12 of Convention No. 81. In accordance with its usual practice, the Committee has decided to suspend its examination of these issues pending the decision of the Governing Body in respect of the representation.

Article 7 of the Convention. Training of labour inspectors. Further to its previous comment, the Committee notes the Government's indication that, apart from the mandatory one-year training course provided for in the General Statute for Public Officials, labour inspectors do not receive any special training for the performance of their duties. However, in 2021, 36 officials newly placed at the disposal of the General Labour Inspectorate (IGT) benefited from three months of initial training at the initiative of the General Labour Inspectorate. In addition, in 2021, Guinea benefited from ILO technical assistance, which was provided through workshops held jointly with the IGT. A total of 10 inspectors participated in this training, which will serve to operationalize, at national level, the National Social Dialogue Council. Currently, a training programme on child labour and trafficking is planned for labour inspectors and certain officials of the labour administration using technical and financial assistance from the United Nations Children's Fund (UNICEF). The Committee requests the Government to continue its efforts to ensure that labour inspectors are adequately trained for the performance of their duties. The Committee requests the Government to continue providing information on the progress made in this regard.

Articles 20 and 21. Annual labour inspection report. The Committee notes the quarterly reports of the IGT for 2022, appended to the Government's report, providing information on activities related to inspection and other functions performed by labour inspectors, the types of violations detected and the measures taken in response. The Committee notes, however, that these reports do not contain the statistical information required in accordance with Article 21 of the Convention. In particular, the Government indicates that information on workplaces liable to inspection can be collected through the systematic inspection of enterprises. The Government also indicates that the labour inspection reports will soon be published on the website of the Ministry of Labour and Public Service. While noting the Government's efforts to transmit an annual inspection report in accordance with Article 20 of the Convention, the Committee encourages the Government to adopt all the necessary measures to ensure that all the information required by Article 21 of the Convention is collected and published in the annual labour inspection report.

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Article 3 of the Convention. Additional duties of labour inspectors. In its previous comments, the Committee noted with concern that labour inspectors are responsible for various tasks, such as dispute settlement, supervision of union elections, the negotiation of social claims, the study of the internal rules of enterprises and job classifications, which make up a significant part of their programme of work, at the expense of their main duties, specified in Article 3(1) of the Convention. The Committee notes that, in its report, the Government does not provide a reply to its previous request to: (i) relieve the labour inspectors from these additional duties; and (ii) draw a clear distinction between the duties of labour inspection and those of labour administration. It also notes that when the new Labour Code was adopted in 2014, the Government did not take the opportunity to relieve labour inspectors of the duty of conciliating individual and collective labour disputes (section 513.6 of the new Labour Code). The Committee therefore once again requests the Government to provide information on the measures taken or envisaged to relieve labour inspectors progressively of functions other than those provided for in Article 3(1) of the Convention, i.e. the enforcement of the legal provisions relating to conditions of work and the protection of workers.

Article 7. Training of labour inspectors. The Committee welcomes the information provided by the Government concerning the preparation of an inspection manual with ILO assistance. It also notes the Government’s intention to train new officials attached to labour inspection and its reiteration of its request for technical assistance with a view to developing and implementing a training programme for labour administrators, controllers and inspectors. The Committee requests the Government to provide information on progress made to ensure the training of labour inspection staff. It hopes that the Office will provide the technical assistance requested by the Government.

Articles 10 and 11. Labour inspection resources. Further to its numerous comments in which it noted that labour inspectors had only scant resources to perform their functions, the Committee notes with concern the Government’s indications relating to the drastic reduction in the operational budgets and the repercussion on the provision of resources for the labour inspection services. The Committee also notes that in its 2013 second-quarter report, attached to the Government’s report, the general labour inspectorate refers to difficulties relating to human, financial and material resources, which have an impact on the performance of its main duties. While recognizing the Government’s budgetary constraints, the Committee firmly hopes that the Government will take all necessary measures to guarantee to the labour inspection services the human, financial and material resources necessary for the effective discharge of their functions and requests it to provide information on any measures taken or envisaged in this regard. It also requests the Government to provide statistics on the material and logistical means available to the labour inspectors for the performance of their duties, particularly the local offices equipped for this purpose, transport facilities and/or the arrangements for the reimbursement of expenses for work-related travel where there are no adequate public transport facilities.

Articles 20 and 21. Annual labour inspection report. The Committee notes the 2013 report of the general labour inspectorate, attached to the Government’s report, which provides statistics on the staff of the labour inspection, and on the activities relevant to inspection duties and other duties for which labour inspectors are responsible. The Committee notes, however, that the labour inspection report contains no statistics of workplaces liable to inspection, the number of workers employed therein, violations committed and penalties imposed, or the number of industrial accidents and occupational diseases registered. It also notes that the statistics provided on the activities of the inspection services cover only three of the eight regional inspectorates in the country and do not provide an overview of the number of inspection visits carried out. While noting the efforts of the Government to provide an annual inspection report, in accordance with Article 20 of the Convention, the Committee encourages the Government to adopt all necessary measures to ensure the collection and publication in the annual labour inspection report of all the information required under Article 21 of the Convention, and to provide a copy of these reports to the ILO on a regular basis. Moreover, noting that the Government’s report is silent on this matter, the Committee requests the Government to indicate all measures taken or envisaged with a view to mapping the workplaces liable to inspection and to enter them into a register with at least an indication of their geographical location.

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The Committee takes note of the adoption of the new Labour Code (Act No. L/2014/072/CNT of 10 January 2014). The Committee requests the Government to provide all implementing texts of the Code in view of a complete review of the new legislation.

The Committee further notes that the Government’s report has not been received. It must therefore repeat its previous comments.

Articles 1, 3, 4, 7, 10 and 11 of the Convention. Functioning of the labour inspectorate and available means of action. The Committee recalls that since 2005 it has expressed concern at the persistent inadequacy of the means of action available to the labour inspection service. It notes that in the first report it has sent since 2006, the Government indicates that 80 new officials have been assigned to the labour inspectorate, and seeks support from the ILO to devise a programme of training for labour controllers and inspectors to provide the new officials with the requisite qualifications. The Committee nonetheless notes with concern that, according to the Government, the means of action available to the labour inspectorate – apart from a four-wheel drive vehicle made available to the General Labour Inspector – are scarce owing to the austerity plan the country has adopted. The Committee observes that, consequently, only 11 technical inspection visits for occupational safety and health were conducted in 2011. However, inspectors appear to devote much of their time to tasks that go beyond their main duties, such as dispute settlement, supervision of union elections, the negotiation of social claims, study of the internal rules of enterprises and job classifications. The Committee concludes from this that there is no real distinction between labour inspection and labour administration. It further notes with concern from the Government’s report on Labour Administration Convention, 1978 (No. 150) that, according to an inquiry conducted by the National Committee against Corruption and for Economic and Financial Accountability (CNLC) in 2004, the General Labour Inspectorate is cited as one of the least effective public services. The Committee also notes from the Government’s report on Convention No. 150 that the Government requested assistance from the ILO for a study on the organization and functioning of the Ministry of Labour and the Public Service with a view to regrouping the labour administration services into a single department and building their capacity, and that the study was to be validated in the first quarter of 2012. The Committee hopes that the study will afford an opportunity to draw a clear distinction between the functions of the labour administration system and those of the labour inspectorate more particularly. In this regard, the Committee notes the Government’s statement that it plans to make the necessary arrangements to provide the labour inspectorate with more resources to enable it to operate effectively, and that it will keep the ILO informed as soon as conditions allow.

The Committee urges the Government to take the necessary steps to reinforce the resources, functioning and coordination of the labour inspection system to enable it to meet the requirements of the Convention. It asks the Government to provide information on the measures taken gradually to relieve labour inspectors of duties other than the labour inspection duties set out in Article 3(1) of the Convention, namely the enforcement of the legal provisions relating to conditions of work and the protection of workers. It also invites the Government to make a formal request to the ILO for technical assistance in training new inspectors and to extend its request to cover support in seeking the necessary sources in the context of international cooperation to provide the labour inspectorate with the material means it needs to perform its duties, including transport facilities suited to conditions in the country. It asks the Government to provide information in its next report on the measures taken or envisaged to these ends.

Articles 5, 20 and 21. Annual inspection report. The Committee notes with concern, that despite its repeated requests, the Government has not sent a labour inspection report since the one for the period from October 1994 to October 1995. The Government’s last report under article 22 of the ILO Constitution provides only scant information on the activities of the labour inspectorate. The Committee recalls its general observation of 2010, in which it stressed the importance it attaches to the publication and communication to the ILO of an annual inspection report, as an essential basis for evaluating in practice the activities of the labour inspection services and, subsequently, determining the means necessary to improve their effectiveness. Furthermore, referring to its general observation of 2009, the Committee recalls that a regularly updated register of enterprises should allow the central inspection authority to fix priorities for action to ensure, as a minimum, the protection of the most vulnerable workers or those most exposed to occupational hazards and to defend its requirements in human, material and logistical resources on the basis of relevant data from national and international financial authorities, so that an adequate budget can be allocated to them, in so far as national conditions permit. A programme of inspections could be drawn up according to the available resources for each labour inspection structure, and periodical reports on inspections, as provided for by Article 19, could be sent to the central authority for the production of the annual report required by Articles 20 and 21. Such a report would inform the social partners, the other government bodies concerned and the ILO’s supervisory bodies of the progress made and the shortcomings of the labour inspection system so that they can provide their opinions for improvement.

The Committee accordingly urges the Government to encourage, as required by Article 5(a) of the Convention, effective cooperation between the labour inspectorate and other competent government bodies (including the tax authorities and social insurance funds) for drawing up a list of workplaces liable to inspection, with register entries indicating at least their geographical location, the branch of activity, the number and categories of workers employed there and their distribution by gender. It expresses the hope that such measures will be taken in the near future so that an annual report on inspection activities containing the information required by each subparagraph from (a) to (g) of Article 21 can be produced and published by the central labour inspection authority.

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

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Articles 1, 3, 4, 7, 10 and 11 of the Convention. Functioning of the labour inspectorate and available means of action. The Committee recalls that since 2005 it has expressed concern at the persistent inadequacy of the means of action available to the labour inspection service. It notes with interest that in the first report it has sent since 2006, the Government indicates that 80 new officials have been assigned to the labour inspectorate, and seeks support from the ILO to devise a programme of training for labour controllers and inspectors to provide the new officials with the requisite qualifications. The Committee nonetheless notes with concern that, according to the Government, the means of action available to the labour inspectorate – apart from a four-wheel drive vehicle made available to the General Labour Inspector – are scarce owing to the austerity plan the country has adopted. The Committee observes that, consequently, only 11 technical inspection visits for occupational safety and health were conducted in 2011. However, inspectors appear to devote much of their time to tasks that go beyond their main duties, such as dispute settlement, supervision of union elections, the negotiation of social claims, study of the internal rules of enterprises and job classifications. The Committee concludes from this that there is no real distinction between labour inspection and labour administration. It further notes with concern from the Government’s report on Labour Administration Convention, 1978 (No. 150) that, according to an inquiry conducted by the National Committee against Corruption and for Economic and Financial Accountability (CNLC) in 2004, the General Labour Inspectorate is cited as one of the least effective public services. The Committee also notes from the Government’s report on Convention No. 150 that the Government requested assistance from the ILO for a study on the organization and functioning of the Ministry of Labour and the Public Service with a view to regrouping the labour administration services into a single department and building their capacity, and that the study was to be validated in the first quarter of 2012. The Committee hopes that the study will afford an opportunity to draw a clear distinction between the functions of the labour administration system and those of the labour inspectorate more particularly. In this regard, the Committee notes the Government’s statement that it plans to make the necessary arrangements to provide the labour inspectorate with more resources to enable it to operate effectively, and that it will keep the ILO informed as soon as conditions allow.

The Committee urges the Government to take the necessary steps to reinforce the resources, functioning and coordination of the labour inspection system to enable it to meet the requirements of the Convention. It asks the Government to provide information on the measures taken gradually to relieve labour inspectors of duties other than the labour inspection duties set out in Article 3(1) of the Convention, namely the enforcement of the legal provisions relating to conditions of work and the protection of workers. It also invites the Government to make a formal request to the ILO for technical assistance in training new inspectors and to extend its request to cover support in seeking the necessary sources in the context of international cooperation to provide the labour inspectorate with the material means it needs to perform its duties, including transport facilities suited to conditions in the country. It asks the Government to provide information in its next report on the measures taken or envisaged to these ends.

Articles 5, 20 and 21. Annual inspection report. The Committee notes with concern, that despite its repeated requests, the Government has not sent a labour inspection report since the one for the period from October 1994 to October 1995. The Government’s last report under article 22 of the ILO Constitution provides only scant information on the activities of the labour inspectorate. The Committee recalls its general observation of 2010, in which it stressed the importance it attaches to the publication and communication to the ILO of an annual inspection report, as an essential basis for evaluating in practice the activities of the labour inspection services and, subsequently, determining the means necessary to improve their effectiveness. Furthermore, referring to its general observation of 2009, the Committee recalls that a regularly updated register of enterprises should allow the central inspection authority to fix priorities for action to ensure, as a minimum, the protection of the most vulnerable workers or those most exposed to occupational hazards and to defend its requirements in human, material and logistical resources on the basis of relevant data from national and international financial authorities, so that an adequate budget can be allocated to them, in so far as national conditions permit. A programme of inspections could be drawn up according to the available resources for each labour inspection structure, and periodical reports on inspections, as provided for by Article 19, could be sent to the central authority for the production of the annual report required by Articles 20 and 21. Such a report would inform the social partners, the other government bodies concerned and the ILO’s supervisory bodies of the progress made and the shortcomings of the labour inspection system so that they can provide their opinions for improvement.

The Committee accordingly urges the Government to encourage, as required by Article 5(a) of the Convention, effective cooperation between the labour inspectorate and other competent government bodies (including the tax authorities and social insurance funds) for drawing up a list of workplaces liable to inspection, with register entries indicating at least their geographical location, the branch of activity, the number and categories of workers employed there and their distribution by gender. It expresses the hope that such measures will be taken in the near future so that an annual report on inspection activities containing the information required by each subparagraph from (a) to (g) of Article 21 can be produced and published by the central labour inspection authority.

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The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

Also referring to its observation, the Committee notes that it is planned, further to the ratification of the Worst Forms of Child Labour Convention, 1999 (No. 182), to extend the competence of labour inspectors to the agricultural sector as part of the monitoring of child labour. It asks the Government to supply information on the legal and regulatory measures taken in this respect and to indicate how it is envisaged to reinforce the human and material resources of the inspection services to enable them to perform the whole range of tasks arising from the increase in their responsibilities.

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

Repetition

Resources of the labour inspectorate. The Committee notes with concern that the information provided by the Government in its report for the period ending June 2005 reveals that the labour inspectorate suffers from a persistent shortage of resources. It notes, in particular, that retired labour inspectors are no longer being replaced and that the inspection services as a whole suffer from a lack of computer equipment and transport facilities. It notes, moreover, that labour inspectors have not received any training since 2000. The Committee hopes that the Government will soon be in a position to furnish the labour inspectorate with the resources it needs to operate effectively, in particular in order to ensure that the number of labour inspectors is sufficient (Article 10 of the Convention), that they are furnished with the material means and transport facilities necessary for the performance of their duties (Article 11) and that they receive adequate training for the performance of their duties (Article 7(3)). The Government is requested to transmit information on any progress made in this regard in its next report.

Publication of an annual report. The Committee notes that no annual inspection report has been transmitted since that covering the period of 15 October 1994 to 15 October 1995. Referring to its previous requests, it once again requests the Government to take any appropriate measures with a view to the fulfilment by the central inspection authority of its obligation to publish and transmit to the International Labour Office an annual report in accordance with Articles 20 and 21 of the Convention.

The Committee is raising other points in a request addressed directly to the Government.

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

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The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Also referring to its observation, the Committee notes that it is planned, further to the ratification of the Worst Forms of Child Labour Convention, 1999 (No. 182), to extend the competence of labour inspectors to the agricultural sector as part of the monitoring of child labour. It asks the Government to supply information on the legal and regulatory measures taken in this respect and to indicate how it is envisaged to reinforce the human and material resources of the inspection services to enable them to perform the whole range of tasks arising from the increase in their responsibilities.

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

The Committee notes the Government’s report received in June 2006 and observes that, despite the Office’s reminder of 20 June 2006, the annual inspection report which was due to be sent has not been received by the ILO. While noting the information on the legal provisions giving effect in law to the Convention, the Committee would point out that the Government has not supplied the information called for in its previous observation regarding the practical functioning of the labour inspection system. It is therefore bound to repeat the same observation:

Resources of the labour inspectorate. The Committee notes with concern that the information provided by the Government in its report for the period ending June 2005 reveals that the labour inspectorate suffers from a persistent shortage of resources. It notes, in particular, that retired labour inspectors are no longer being replaced and that the inspection services as a whole suffer from a lack of computer equipment and transport facilities. It notes, moreover, that labour inspectors have not received any training since 2000. The Committee hopes that the Government will soon be in a position to furnish the labour inspectorate with the resources it needs to operate effectively, in particular in order to ensure that the number of labour inspectors is sufficient (Article 10 of the Convention), that they are furnished with the material means and transport facilities necessary for the performance of their duties (Article 11) and that they receive adequate training for the performance of their duties (Article 7(3)). The Government is requested to transmit information on any progress made in this regard in its next report.

Publication of an annual report. The Committee notes that no annual inspection report has been transmitted since that covering the period of 15 October 1994 to 15 October 1995. Referring to its previous requests, it once again requests the Government to take any appropriate measures with a view to the fulfilment by the central inspection authority of its obligation to publish and transmit to the International Labour Office an annual report in accordance with Articles 20 and 21 of the Convention.

The Committee is raising other points in a request addressed directly to the Government.

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

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The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Also referring to its observation, the Committee notes that it is planned, further to the ratification of the Worst Forms of Child Labour Convention, 1999 (No. 182), to extend the competence of labour inspectors to the agricultural sector as part of the monitoring of child labour. It asks the Government to supply information on the legal and regulatory measures taken in this respect and to indicate how it is envisaged to reinforce the human and material resources of the inspection services to enable them to perform the whole range of tasks arising from the increase in their responsibilities.

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The Committee notes with regret that the Government’s report has not been received. It is therefore bound to repeat its previous observation, which read as follows:

The Committee notes the Government’s report received in June 2006 and observes that, despite the Office’s reminder of 20 June 2006, the annual inspection report which was due to be sent has not been received by the ILO. While noting the information on the legal provisions giving effect in law to the Convention, the Committee would point out that the Government has not supplied the information called for in its previous observation regarding the practical functioning of the labour inspection system. It is therefore bound to repeat the same observation:

Resources of the labour inspectorate. The Committee notes with concern that the information provided by the Government in its report for the period ending June 2005 reveals that the labour inspectorate suffers from a persistent shortage of resources. It notes, in particular, that retired labour inspectors are no longer being replaced and that the inspection services as a whole suffer from a lack of computer equipment and transport facilities. It notes, moreover, that labour inspectors have not received any training since 2000. The Committee hopes that the Government will soon be in a position to furnish the labour inspectorate with the resources it needs to operate effectively, in particular in order to ensure that the number of labour inspectors is sufficient (Article 10 of the Convention), that they are furnished with the material means and transport facilities necessary for the performance of their duties (Article 11) and that they receive adequate training for the performance of their duties (Article 7(3)). The Government is requested to transmit information on any progress made in this regard in its next report.

Publication of an annual report. The Committee notes that no annual inspection report has been transmitted since that covering the period of 15 October 1994 to 15 October 1995. Referring to its previous requests, it once again requests the Government to take any appropriate measures with a view to the fulfilment by the central inspection authority of its obligation to publish and transmit to the International Labour Office an annual report in accordance with Articles 20 and 21 of the Convention.

The Committee is raising other points in a request addressed directly to the Government.

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

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The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information in reply to its previous direct request, which read as follows:

Also referring to its observation, the Committee notes that it is planned, further to the ratification of the Worst Forms of Child Labour Convention, 1999 (No. 182), to extend the competence of labour inspectors to the agricultural sector as part of the monitoring of child labour. It asks the Government to supply information on the legal and regulatory measures taken in this respect and to indicate how it is envisaged to reinforce the human and material resources of the inspection services to enable them to perform the whole range of tasks arising from the increase in their responsibilities.

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

The Committee notes the Government’s report received in June 2006 and observes that, despite the Office’s reminder of 20 June 2006, the annual inspection report which was due to be sent has not been received by the ILO. While noting the information on the legal provisions giving effect in law to the Convention, the Committee would point out that the Government has not supplied the information called for in its previous observation regarding the practical functioning of the labour inspection system. It is therefore bound to repeat the same observation:

1. Resources of the labour inspectorate. The Committee notes with concern that the information provided by the Government in its report for the period ending June 2005 reveals that the labour inspectorate suffers from a persistent shortage of resources. It notes, in particular, that retired labour inspectors are no longer being replaced and that the inspection services as a whole suffer from a lack of computer equipment and transport facilities. It notes, moreover, that labour inspectors have not received any training since 2000. The Committee hopes that the Government will soon be in a position to furnish the labour inspectorate with the resources it needs to operate effectively, in particular in order to ensure that the number of labour inspectors is sufficient (Article 10 of the Convention), that they are furnished with the material means and transport facilities necessary for the performance of their duties (Article 11) and that they receive adequate training for the performance of their duties (Article 7, paragraph 3). The Government is requested to transmit information on any progress made in this regard in its next report.

2. Publication of an annual report. The Committee notes that no annual inspection report has been transmitted since that covering the period of 15 October 1994 to 15 October 1995. Referring to its previous requests, it once again requests the Government to take any appropriate measures with a view to the fulfilment by the central inspection authority of its obligation to publish and transmit to the International Labour Office an annual report in accordance with Articles 20 and 21 of the Convention.

The Committee is also sending a direct request to the Government on a particular point.

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

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Also referring to its observation, the Committee notes that it is planned, further to the ratification of the Worst Forms of Child Labour Convention, 1999 (No. 182), to extend the competence of labour inspectors to the agricultural sector as part of the monitoring of child labour. It asks the Government to supply information on the legal and regulatory measures taken in this respect and to indicate how it is envisaged to reinforce the human and material resources of the inspection services to enable them to perform the whole range of tasks arising from the increase in their responsibilities.

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The Committee notes the Government’s report received in June 2006 and observes that, despite the Office’s reminder of 20 June 2006, the annual inspection report which was due to be sent has not been received by the ILO. While noting the information on the legal provisions giving effect in law to the Convention, the Committee would point out that the Government has not supplied the information called for in its previous observation regarding the practical functioning of the labour inspection system. It is therefore bound to repeat the same observation:

1. Resources of the labour inspectorate. The Committee notes with concern that the information provided by the Government in its report for the period ending June 2005 reveals that the labour inspectorate suffers from a persistent shortage of resources. It notes, in particular, that retired labour inspectors are no longer being replaced and that the inspection services as a whole suffer from a lack of computer equipment and transport facilities. It notes, moreover, that labour inspectors have not received any training since 2000. The Committee hopes that the Government will soon be in a position to furnish the labour inspectorate with the resources it needs to operate effectively, in particular in order to ensure that the number of labour inspectors is sufficient (Article 10 of the Convention), that they are furnished with the material means and transport facilities necessary for the performance of their duties (Article 11) and that they receive adequate training for the performance of their duties (Article 7, paragraph 3). The Government is requested to transmit information on any progress made in this regard in its next report.

2. Publication of an annual report. The Committee notes that no annual inspection report has been transmitted since that covering the period of 15 October 1994 to 15 October 1995. Referring to its previous requests, it once again requests the Government to take any appropriate measures with a view to the fulfilment by the central inspection authority of its obligation to publish and transmit to the International Labour Office an annual report in accordance with Articles 20 and 21 of the Convention.

The Committee is also sending a direct request to the Government on a particular point.

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Resources of the labour inspectorate. The Committee notes with concern that the information provided by the Government in its report for the period ending June 2005 reveals that the labour inspectorate suffers from a persistent shortage of resources. It notes, in particular, that retired labour inspectors are no longer being replaced and that the inspection services as a whole suffer from a lack of computer equipment and transport facilities. It notes, moreover, that labour inspectors have not received any training since 2000. The Committee hopes that the Government will soon be in a position to furnish the labour inspectorate with the resources it needs to operate effectively, in particular in order to ensure that the number of labour inspectors is sufficient (Article 10 of the Convention), that they are furnished with the material means and transport facilities necessary for the performance of their duties (Article 11) and that they receive adequate training for the performance of their duties (Article 7, paragraph 3). The Government is requested to transmit information on any progress made in this regard in its next report.

Publication of an annual report. The Committee notes that no annual inspection report has been transmitted since that covering the period of 15 October 1994 to 15 October 1995. Referring to its previous requests, it once again requests the Government to take any appropriate measures with a view to the fulfilment by the central inspection authority of its obligation to publish and transmit to the International Labour Office an annual report in accordance with Articles 20 and 21 of the Convention.

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The Committee once again notes with regret that the Government’s report has not been received. It must therefore reiterate its previous observation which read as follows:

The Committee notes with regret that the Government has not replied to its previous comments and has once again sent a report and documentation that the Committee already examined at its previous session. It would accordingly be grateful if the Government would provide the information requested on the material situation of the inspection services in each regional and local facility, indicating the measures taken or envisaged for their improvement (Article 11 of the Convention), as well as information on the measures taken or envisaged to publish and forward to the ILO an annual report on the activities of the labour inspection services (Articles 20 and 21).

The Committee reminds the Government that, where necessary, ILO technical assistance may be sought to facilitate fulfilment of the obligations arising from this Convention. It hopes that steps will be taken to this end and that relevant information will be provided.

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

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The Committee notes with regret that the Government has not replied to its previous comments and has once again sent a report and documentation that the Committee already examined at its previous session. It would accordingly be grateful if the Government would provide the information requested on the material situation of the inspection services in each regional and local facility, indicating the measures taken or envisaged for their improvement (Article 11 of the Convention), as well as information on the measures taken or envisaged to publish and forward to the ILO an annual report on the activities of the labour inspection services (Articles 20 and 21).

The Committee reminds the Government that, where necessary, ILO technical assistance may be sought to facilitate fulfilment of the obligations arising from this Convention. It hopes that steps will be taken to this end and that relevant information will be provided.

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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:

The Committee notes the information contained in the Government’s report. It also notes the transmission of the annual activities report of the regional inspectorate of N’Zérékoré (Guinée-Forestière) for 1998. It notes that, according to this report, the regional structures of the labour inspectorate have not received any operational budget since 1990. The sole means of transport available consisted of a motorcycle in poor condition and no expenses were paid for professional travel. The grievances described in this report are intended to obtain a means of transport, an operational budget and the renovation of the administrative premises of the labour inspectorate. The Committee notes in this respect that, according to the information provided by the Government under Article 11 of the Convention, a study of structural adjustment measures in the labour sector was undertaken with a view to the allocation of a portion of the resources created by the increase in the public budget as operating credits for administrative bodies responsible for labour matters. The Committee would be grateful if the Government would provide information on the conclusions of this study once they are available, but, as of now, it requests the Government to provide detailed information on the material situation of the inspection services in each regional and local labour inspection structure, to indicate the measures which have been taken or are envisaged for their improvement and to describe the manner in which labour inspectors and supervisors are reimbursed their travelling and incidental expenses necessary for the performance of their duties.

The Committee also reminds the Government that an annual inspection report on the matters set out in Article 21(a) to (g), should be published and transmitted to the ILO within the time limits set out in Article 20. It wishes to stress the importance that it attaches to compliance with these provisions, the application of which enables it to assess the extent to which the Convention is applied. The publication of annual inspection reports is also intended to inform employers and workers and their organizations of the activities of the labour inspection services and to allow them to express their opinions in this connection, in a spirit of constructive cooperation. The Committee trusts that the Government will take the necessary measures rapidly, so that these reports will in future be published regularly and transmitted to the ILO.

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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:

        The Committee notes the information contained in the Government’s report. It also notes the transmission of the annual activities report of the regional inspectorate of N’Zérékoré (Guinée-Forestière) for 1998. It notes that, according to this report, the regional structures of the labour inspectorate have not received any operational budget since 1990. The sole means of transport available consisted of a motorcycle in poor condition and no expenses were paid for professional travel. The grievances described in this report are intended to obtain a means of transport, an operational budget and the renovation of the administrative premises of the labour inspectorate. The Committee notes in this respect that, according to the information provided by the Government under Article 11 of the Convention, a study of structural adjustment measures in the labour sector was undertaken with a view to the allocation of a portion of the resources created by the increase in the public budget as operating credits for administrative bodies responsible for labour matters. The Committee would be grateful if the Government would provide information on the conclusions of this study once they are available, but, as of now, it requests the Government to provide detailed information on the material situation of the inspection services in each regional and local labour inspection structure, to indicate the measures which have been taken or are envisaged for their improvement and to describe the manner in which labour inspectors and supervisors are reimbursed their travelling and incidental expenses necessary for the performance of their duties.

        The Committee also reminds the Government that an annual inspection report on the matters set out in Article 21(a) to (g), should be published and transmitted to the ILO within the time limits set out in Article 20. It wishes to stress the importance that it attaches to compliance with these provisions, the application of which enables it to assess the extent to which the Convention is applied. The publication of annual inspection reports is also intended to inform employers and workers and their organizations of the activities of the labour inspection services and to allow them to express their opinions in this connection, in a spirit of constructive cooperation. The Committee trusts that the Government will take the necessary measures rapidly, so that these reports will in future be published regularly and transmitted to the ILO.

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

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The Committee notes the information contained in the Government’s report. It also notes the transmission of the annual activities report of the regional inspectorate of N’Zérékoré (Guinée-Forestière) for 1998. It notes that, according to this report, the regional structures of the labour inspectorate have not received any operational budget since 1990. The sole means of transport available consisted of a motorcycle in poor condition and no expenses were paid for professional travel. The grievances described in this report are intended to obtain a means of transport, an operational budget and the renovation of the administrative premises of the labour inspectorate. The Committee notes in this respect that, according to the information provided by the Government under Article 11 of the Convention, a study of structural adjustment measures in the labour sector was undertaken with a view to the allocation of a portion of the resources created by the increase in the public budget as operating credits for administrative bodies responsible for labour matters. The Committee would be grateful if the Government would provide information on the conclusions of this study once they are available, but as of now it requests the Government to provide detailed information on the material situation of the inspection services in each regional and local labour inspection structure, to indicate the measures which have been taken or are envisaged for their improvement and to describe the manner in which labour inspectors and supervisors are reimbursed their travelling and incidental expenses necessary for the performance of their duties.

The Committee also reminds the Government that an annual inspection report on the matters set out in Article 21(a) to (g), should be published and transmitted to the ILO within the time limits set out in Article 20. It wishes to stress the importance that it attaches to compliance with these provisions, the application of which enables it to assess the extent to which the Convention is applied. The publication of annual inspection reports is also intended to inform employers and workers and their organizations of the activities of the labour inspection services and to allow them to express their opinions in this connection, in a spirit of constructive cooperation. The Committee trusts that the Government will take the necessary measures rapidly, so that these reports will in future be published regularly and transmitted to the ILO.

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The Committee notes the information supplied by the Government in its report in reply to the Committee's previous comments.

Article 3 of the Convention. The Committee notes the intention expressed by the Government to make supplementary efforts with a view to improving training and use of human resources and to increase the labour inspectorate's material and logistical resources. It also notes that there has been a campaign to make the social partners aware of the need to guarantee the impartiality of labour inspectors. The Committee notes, moreover, that the labour inspectors devote a large part of their work programme to settling labour disputes and hopes earnestly that one of the effects of the abovementioned campaign will be to emphasize the need to envisage cutting down on the labour inspectors' tasks so that their expertise and energy are better employed in performing their primary duties as defined in this Article of the Convention. The Committee would be grateful if the Government would communicate information on the effects of this campaign in general, as well as of any measures taken, in particular, to ensure a balance between the labour inspectors' primary duties and those which should be of a secondary nature under this provision of the Convention.

Article 2, paragraph 2, and Article 5. Noting that the labour inspectorate covers undertakings belonging to all occupation branches, including mines, the Committee notes that the Ministry of Natural Resources responsible for mining is envisaging the establishment of a structure responsible for mining safety within its general mines inspectorate and that, on their side, certain mining undertakings (CBG and FRIGUI) have the structures and trained staff for the prevention of occupational risks and provide training for labour inspectors, while the National Social Security Scheme also plays a role in the recording and management of occupational accidents. The Committee would be grateful if the Government would keep the Office informed of the progress in the project for establishing a structure for mine safety and would also supply more detail on the current distribution of competence between the general labour inspectorate and other structures exercising similar activities in regard to supervising compliance with labour legislation. It requests the Government in addition to indicate the measures taken or envisaged to give effect to the provisions of Article 5, paragraphs 1 and 2.

Article 9. The Committee notes that, although there is no text on the appointment of medical labour inspectors, the multifaceted nature of labour inspections means that they are frequently carried out by labour inspectors and occupational health physicians as well as by consultations among them in regard to decisions relating to workers' health. In addition, the use of common training facilities such as seminars and workshops, in particular sponsored by the ILO, encourages communication between labour inspectors and occupational health physicians. In this context, the Committee refers to paragraph 222 of its 1985 General Survey on labour inspection in which it points out the importance of the optimal management of technical specializations required for, and available to, labour inspection services as a key factor in determining their effectiveness. In paragraph 224 of the Survey, the Committee refers to the case of countries facing material and technical difficulties and mentions the benefit of resorting to international help and to the continuing ILO technical cooperation programmes on the subject. The Committee would be grateful if the Government would indicate whether, as laid down in Article 9, measures have been taken to ensure that duly qualified medical experts and specialists, including specialists in medicine, engineering, electricity and chemistry, are associated in the work of inspection; if not, it requests the Government to explain the nature of difficulties encountered in this regard and invites it, in any event, to envisage the possibility of calling on ILO technical assistance to remedy the matter.

Article 11. The Committee notes the information that a study conducted on the impact of structural adjustment measures on the social sector has resulted in the recommendation to use part of the resources engendered by improved public income for job creation and allocation of credits for the operation of administrations responsible for the social sector. The Committee requests the Government to provide statistical information on the measures taken pursuant to this recommendation in regard to the identification of needs and the subsequent determination of the budget allocated for labour inspection as well as on any progress observed.

Article 14. The Committee notes the information concerning industrial accidents and cases of occupational disease declared and notes that, according to the comments accompanying the statistical table extracted from the report of the National Social Security Scheme for 1995 and 1996, the population in the 30-to-35-year age range is the most exposed to occupational risks and that fatal accidents (for which no figures are given), occur in the construction and public works sectors and are linked to the use of moving and lifting equipment. The Committee trusts that the Government will not fail to reflect on the measures needed to prevent the risks run by the workers most affected in regard to the statistics and that it will supply information on the measures taken or envisaged for this purpose.

Articles 20 and 21. The Committee notes the information relating to Article 21(a), (b), (f) and (g). It reminds the Government once again that information on the subjects listed in this Article should be contained in an annual labour inspection report for which time limits for publication and communication to the ILO are set out in Article 20. It invites the Government to examine paragraphs 272 et seq. of its 1985 General Survey on labour inspection and requests it to take the necessary measures so that effect can be given to these provisions as soon as possible.

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The Committee notes the information provided by the Government in reply to its pervious comments.

Article 2, paragraph 2, of the Convention. The Committee requests the Government to provide information on the material resources made available to the mines inspectorate and to supply the Office with a copy of the draft Order respecting the labour inspectorate to which reference is made in the report.

Article 5. The Government states that there is close collaboration between labour inspectors and the medical services responsible for occupational safety. The Committee requests the Government to indicate the practical measures adopted in this respect.

Article 7, paragraph 3. The Committee requests the Government to supply information on the application of this provision by supplying, if possible, examples of the training and further training of labour inspectors.

Article 11. The report on the activities of the labour inspectorate shows that the inspectorate is encountering difficulties due to the lack of credits for regional and prefectoral inspectorates, and of office supplies. The Committee recalls the need to furnish labour inspectors with the necessary facilities for the proper performance of their duties. It requests the Government to indicate the measures which have been taken or are envisaged to remedy this situation and asks it to supply information on the material resources made available to inspectors.

Articles 20 and 21. The Committee notes that the annual report on the activities of the labour inspectorate does not contain information or statistics covering paragraphs (a),(b),(f) and (g) of Article 21. It recalls that the annual report shall deal with the subjects enumerated in this Article and shall be published so that it can be disseminated widely to the authorities and administrations concerned, as well as to organizations of employers and workers, and can be made available to all the persons concerned. Furthermore, publication must take place within a reasonable time, not exceeding 12 months.

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With reference to its previous comments, the Committee notes the information provided by the Government in its report. It notes that, according to the information contained in the activities report, the labour inspectorate has identified the enterprises and establishments subject to its control, which increased from 346 in 1992 to 446 in 1995, and that during the period October 1994 to June 1995 around 58 per cent of establishments were inspected. The Committee also notes, however, that the statistics provided show a preponderance of conciliation activities in comparison with controls by the labour inspectorate.

The Committee requests the Government to indicate the measures which have been taken or are envisaged to ensure that any other duties entrusted to labour inspectors do not interfere with the effective discharge of their primary duties or prejudice in any way the authority and impartiality which are necessary to inspectors in their relations with employers and workers (Article 3 of the Convention). The Committee also notes that the Government's report does not contain the detailed information on the status and conditions of service of inspection staff that is necessary to enable it to assess the independence and impartiality of labour inspectors in the discharge of their duties (Article 6 of the Convention). The Committee requests the Government to provide detailed information in this regard.

The Committee is addressing a request directly to the Government on other matters.

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The Committee notes that the Government's report does not contain a reply to its previous comments. It hopes that the next report will contain full information on the points raised in its previous direct request, which read as follows:

Article 2, paragraph 2, of the Convention. Please provide information on the manner in which the Convention is generally applied in the mining industry, including information on laws or regulations relevant to the labour inspectorate and the facilities and personnel used for the inspection of mines.

Article 5. Please provide information on the arrangements made to promote effective cooperation between the inspection services and other government services, in particular those responsible for occupational health.

Article 7, paragraph 3. Please provide information on the measures taken to ensure that labour inspectors are adequately trained for the performance of their duties.

Article 11. Please provide information on the sufficiency of office and transport facilities and equipment in relation to the obligation under Article 16 to inspect workplaces as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions.

Furthermore, the Committee notes the information and statistical data provided by the Government in its annual inspection report for 1992. It recalls that this report must be prepared annually and published so that it is widely disseminated among the authorities and administrations concerned, as well as employers' and workers' organizations, and made available to all persons concerned. Furthermore, this obligation must take place within a reasonable period, not exceeding 12 months in any event. The Committee attaches great importance to the regular communication of inspection reports to the Office, within the time-limits set out in Article 20, so that it can assess the manner in which the inspection system functions in practice. With regard to the data supplied, the Committee notes that no statistics are provided of industrial accidents or occupational diseases (Article 21(f) and (g)). Furthermore, in relation to the latest data supplied on which a comparison can be based (1988), the information has been subdivided by ten economic sectors so that, for example, eight workplaces in the extractive sector and 29 in the manufacturing sector were liable to inspection, of which five and 23 respectively were inspected in 1992, whereas 122 workplaces under the heading "Industries - mines and quarries" were liable to inspection and 49 inspections were made in 1988. This difference could indicate a decrease in the number of workplaces liable to inspection in these sectors. The Committee requests the Government to include all the statistical data required by the Convention in future inspection reports and to supply information on such substantial differences so that the Committee is in a position to assess whether workplaces are inspected as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions (Article 16).

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The Committee notes the information provided by the Government in its report, and particularly the indication that the observations made by the General Union of Workers of Guinea are not based on objective grounds. The Committee would be grateful if the Government would provide additional information on the proportion of the work of labour inspectors relating to conciliation and the calculation of severance payments, in relation to the overall duties entrusted to them, and particularly with regard to inspection visits and allied duties, so that the Committee can make a better assessment of the situation (Article 3 of the Convention). The Committee also notes that the Government's report does not provide precise indications as to the status and terms and conditions of employment of labour inspectors, which would enable it to assess the independence and impartiality of labour inspectors in the discharge of their duties (Article 6). The Committee requests the Government to provide detailed information on this matter.

The Committee is also addressing a request directly to the Government on other matters.

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Further to its observation, the Committee would be grateful if information were provided on the application in practice on the following points:

Article 2, paragraph 2, of the Convention. Please provide information on the manner in which the Convention is generally applied in the mining industry, including information on laws or regulations relevant to the labour inspectorate and the facilities and personnel used for the inspection of mines.

Article 5. Please provide information on the arrangements made to promote effective cooperation between the inspection services and other government services, in particular those responsible for occupational health.

Article 7, paragraph 3. Please provide information on the measures taken to ensure that labour inspectors are adequately trained for the performance of their duties.

Article 11. Please provide information on the sufficiency of office and transport facilities and equipment in relation to the obligation under Article 16 to inspect workplaces as often and thoroughly as is necessary to ensure the effective application of the relevant legal provisions.

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

The Committee notes the observation of the General Union of Workers of Guinea, that the labour inspection service has abandoned essential supervisory activities, concentrating instead on the examination of individual labour disputes and the calculation of severance pay. This has led to acts of corruption by delinquent employers and the loss of inspectors' independence, including the inspectorate's political independence. The Committee would be grateful if the Government would give any reply it considers appropriate to this observation, particularly in the light of Articles 3 and 6 of the Convention regarding the functions, status and conditions of employment of labour inspectors. It hopes the Government will also deal with the matters raised in its previous observation, which read as follows: Articles 16, 20 and 21 of the Convention. The Committee notes with regret that the Office has once again not received an annual report on the activities of the inspection services. The Committee recalls the importance of annual inspection reports as an essential means of obtaining evidence of the activities of the inspection services, and showing whether workplaces are being inspected as often and as thoroughly as is necessary to ensure the effective application of relevant legal provisions. The Committee understands that the ILO has extended certain technical cooperation in this area and expresses its hope that the necessary measures will be taken to ensure that an annual report on the activities of the inspection service with all the necessary information provided therein will soon be provided.

TEXT The Committee has again addressed a request for additional information directly to the Government.

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The Committee notes the observation of the General Union of Workers of Guinea, that the labour inspection service has abandoned essential supervisory activities, concentrating instead on the examination of individual labour disputes and the calculation of severance pay. This has led to acts of corruption by delinquent employers and the loss of inspectors' independence, including the inspectorate's political independence. The Committee would be grateful if the Government would give any reply it considers appropriate to this observation, particularly in the light of Articles 3 and 6 of the Convention regarding the functions, status and conditions of employment of labour inspectors. It hopes the Government will also deal with the matters raised in its previous observation, which read as follows:

Articles 16, 20 and 21 of the Convention. The Committee notes with regret that the Office has once again not received an annual report on the activities of the inspection services. The Committee recalls the importance of annual inspection reports as an essential means of obtaining evidence of the activities of the inspection services, and showing whether workplaces are being inspected as often and as thoroughly as is necessary to ensure the effective application of relevant legal provisions. The Committee understands that the ILO has extended certain technical cooperation in this area and expresses its hope that the necessary measures will be taken to ensure that an annual report on the activities of the inspection service with all the necessary information provided therein will soon be provided.

The Committee has addressed a request for additional information directly to the Government.

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The Committee would be grateful if information were provided on the application in practice on the following points.

Article 2, paragraph 2, of the Convention. Please provide information on the manner in which the Convention is generally applied in the mining industry, including information on laws or regulations relevant to the labour inspectorate and the facilities and personnel used for the inspection of mines.

Article 5. Please provide information on the arrangements made to promote effective cooperation between the inspection services and other government services, in particular those responsible for occupational health.

Article 7, paragraph 3. Please provide information on the measures taken to ensure that labour inspectors are adequately trained for the performance of their duties.

Article 11. Please provide information on the sufficiency of office and transport facilities and equipment in relation to the obligation under Article 16 to inspect workplaces as often and thoroughly as is necessary to ensure the effective application of the relevant legal provisions.

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Articles 16, 20 and 21 of the Convention. Further to comments it has been making for many years, the Committee notes with regret that the Office has once again not received an annual report on the activities of the inspection services. The Committee recalls the importance of annual inspection reports as an essential means of obtaining evidence of the activities of the inspection services, and showing whether workplaces are being inspected as often and as thoroughly as is necessary to ensure the effective application of relevant legal provisions. The Committee understands that the ILO has extended certain technical cooperation in this area and expresses its hope that the necessary measures will be taken to ensure that an annual report on the activities of the inspection service with all the necessary information provided therein will soon be provided. The Committee is addressing a request for additional information directly to the Government.

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Article 13, paragraph 2, of the Convention. With reference to its previous comments, the Committee notes with satisfaction that, under section 173 of the Labour Code of 1988, in the event of serious and imminent danger to the health or safety of the workers, the labour inspector can require measures with immediate executory force in order to eliminate the danger.

Articles 20 and 21. The Committee notes with regret that for many years, the International Labour Office has received no report on the work of the inspection services. It trusts that the Government will take appropriate steps to ensure that, in future, annual inspection reports containing information on all the subjects listed under Article 21 are published and transmitted to the International Labour Office within the period laid down by Article 20.