Labour Inspection Convention, 1947 (No. 81) - Niger (RATIFICATION: 1979)

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In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on labour inspection and administration, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection) and 150 (labour administration) together.

Labour Inspection Convention, 1947 (No. 81)

Article 3(2) of the Convention. Additional duties entrusted to labour inspectors. The Committee previously noted the conciliation functions entrusted to labour inspectors under the Labour Code, and requested the Government to indicate the manner in which it is ensured that these functions do not pose an obstacle to the exercise of their primary functions. In response, the Government indicates in its report that an action plan to strengthen the labour inspectors’ intervention capacities has been prepared, and that emphasis has been placed on labour inspectors’ obligation to visit the enterprises within their remit at least once a year, and on the need to cooperate with the other technical services at the regional level, to increase effectiveness. The Committee nevertheless notes that, according to the 2019 annual labour inspection report, individual disputes are the most frequent and that their management is one of the obstacles to the main tasks of the labour inspectors. The Committee therefore requests the Government to take the necessary measures to ensure that, in accordance with Article 3(2) of the Convention, the conciliation functions entrusted to labour inspectors do not pose an obstacle to the exercise of their primary functions. The Committee requests the Government to continue providing information on the measures taken or envisaged in this regard, including those taken to implement the above-mentioned action plan.

Article 4. Organization of the labour inspectorate. In response to its previous request concerning the establishment of new inspection services at the local authority level, the Committee notes that, according to the Government, there are still 10 labour inspectorates in the country, and the Committee will be kept informed of any developments. The Committee notes this information which addresses its previous request.

Articles 5, 17 and 18. Collaboration between labour inspectors and employers and workers. Cooperation between the labour inspection services and judicial bodies. Penalties for violation of the legal provisions and for obstructing labour inspectors in the performance of their duties. The Committee notes the absence of information in reply to its previous requests concerning: (i) theactivities organized to raise employers’ awareness of the role and powers of labour inspectors; and (ii) the application in practice of section 355 of the Labour Code, which provides for penalties applicable in the event of the obstruction of labour inspectors and their assistants. The Committee therefore once again requests the Government to provide further information on the application of section 355 of the Labour Code in practice, including statistical data on the violations detected and the penalties imposed. It also requests the Government to provide further information on any other activities organized or planned to promote effective cooperation between the labour inspection services and the judicial bodies, and the collaboration between labour inspectors and employers.

Articles 10 and 11. Human resources of the labour inspectorate and material resources available to inspectors. Further to its comments on the human and material resources available to the labour inspection services, the Committee notes that, according to the 2018 annual report of the labour inspectorate, there was little coverage of enterprises owing to the limited logistical resources and the size of most localities, and it was therefore necessary to equip inspectors with logistical resources and petrol for the effective performance of their duties. The 2019 annual report of the labour inspectorate also indicates the logistical difficulties faced by the labour inspection services. The Committee duly notes that, according to the Government, all the inspectorates have been provided with computer equipment within the framework of the Migration Policy Support Project of the German Cooperation Agency (APM/GIZ) and that several actions are still planned, including the renovation of certain premises and the provision of office furniture for the labour inspection services and the central administration. The Committee requests the Government to continue providing information on the measures taken to strengthen the human and material resources of the labour inspectorate. The Committee also encourages the Government to take the necessary measures to provide labour inspectors with the transport facilities necessary for the performance of their duties in cases where suitable public facilities do not exist, and requests the Government to provide information on the measures taken or envisaged.

Articles 20 and 21. Annual report on the work of the inspection services. The Committee notes with interest that the Government has communicated the 2018 and 2019 annual labour inspection reports. It also notes that these annual reports contain information on Acts and regulations falling within the competence of the labour inspectorate and labour inspection staff, and statistics on inspections, violations committed, penalties imposed and occupational accidents (Article 21(a), (b), (d), (e) and (f) of the Convention). With regard to the periodic reports submitted to the central authority, the Committee notes the Government’s indication that some services do not report satisfactorily on certain indicators, which makes it difficult to use the statistical data. The Government also refers to difficulties concerning the availability of statistical data on cases of occupational disease. The Committee requests the Government to continue its efforts to ensure that the central inspection authority is able to publish and communicate to the Office the annual labour inspection reports covering the subjects set out in Article 21 of the Convention, including statistics of workplaces liable to inspection and the number of workers employed therein (Article 21(c)), and statistics of occupational diseases (Article 21(g)). It also requests the Government to indicate the measures taken or envisaged to improve the collection of data relating to statistics on cases of occupational disease, and the periodic reports submitted to the central authority.

Labour Administration Convention, 1978 (No. 150)

Article 4 of the Convention. Coordination of the functions and responsibilities of the system of labour administration. Application in practice. In response to its previous comments on themanner in which coordination among the various institutions and bodies of the Ministry is ensured, the Committee notes the information in the Government’s report concerning the functions of the Secretary General provided for in Order No. 0044/MET/PS/SG of 30 June 2021 on the organization of the central administrative services of the Ministry of Employment, Labour and Social Protection. The Committee notes that these functions include, in particular, the organization, coordination, oversight and monitoring of the actions of the central directorates and decentralized services, and the preparation of decisions and their implementation. The Committee notes this information which addresses its previous request.

Article 6(1). National labour policy. The Committee notes the Government’s indication that Niger does not have a national labour policy and that the Committee will be informed of any developments in this area. The Committee requests the Government to continue providing information on the measures taken or envisaged to develop a national labour policy, indicating the role of the relevant bodies involved in the process.

Article 6(2)(a). Review of national employment policy. Further to its comments concerning the advancement of the review of the 2009 national employment policy, the Committee notes the Government’s indication that the first draft of the new national employment policy was finalized after broad consultation with all stakeholders, and with the support of the Office. The Committee also notes the Government’s indication concerning the adoption of Order No. 0033/MET/PS/SG/DGE of 27 April 2018 on the establishment, functions, composition and operation of the formulation process for the new national employment policy and Order No. 0034/MET/PS/SG/DGE of 30 April 2018 on the establishment, functions, composition and operation of the technical group for the new national employment policy. The Committee requests the Government to continue providing information on any development concerning this new national employment policy, and to provide a copy of any texts adopted.

Article 7. Gradual extension of the functions of the system of labour administration. The Committee previously noted that the Government was taking measures to extend social coverage to workers in the informal economy and requested the Government to continue to provide information in this regard. The Committee notes the Government’s indications concerning the progress made in extending social coverage, including the commitment of the Ministry of Employment, Labour and Social Protection to a process of census and regularization of mutual insurance companies, the organization of field missions, and the registration of 28 mutual insurance companies in the national register of insurance companies. The Committee requests the Government to continue providing information on the progress achieved in extending social coverage to workers in the informal economy, and on all other measures taken or envisaged to extend the functions of the system of labour administration to the categories of workers covered by Article 7.

Article 9. Monitoring of parastatal agencies involved in employment policy. The Committee previously noted the bodies under the supervision of the labour administration, including the National Agency for the Promotion of Employment (ANPE), the National Observatory for Employment and Vocational Training (ONEF), the National Agency for Social Welfare, and the National Occupational Election Committee (CONEP). It also requested further information on measures to ascertain whether these bodies are operating in accordance with the objectives assigned to them. In this regard, the Committee notes the information provided by the Government concerning the operation and activities of the ANPE, including the information that the ANPE is granted autonomy in its management. Section 21 of Decree No. 2018-226/PRN/NE/T/PS of 30 March 2018 on the approval of the status of the ANPE provides in particular that the President of ANEP’s governing board must communicate an annual report to the minister responsible for employment. The Committee requests the Government to provide further information on the manner in which the labour administration ascertains that ONEF, the National Agency for Social Welfare and CONEP respect the objectives assigned to them.

Article 10(2). Material means and financial resources at the disposal of the staff of the labour administration. Noting the information provided on the human and material resources of the labour inspectorates, the Committee refers the Government to the comments it has formulated above concerning the application of Labour Inspection Convention, 1947 (No. 81). It also requests the Government to provide further information on the material means and financial resources allocated to the staff of the labour administration, outside of labour inspection.

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Legislation. The Committee notes the information provided in the Government’s report, in reply to its previous comments in this regard, concerning the adoption of Decree No. 2017-682/PRN/MET/PS of 10 August 2017 issuing regulations under the Labour Code, which contains, inter alia, provisions related to the functions of labour inspectors.

Article 3(2) of the Convention. Additional duties entrusted to labour inspectors. The Committee previously noted the Government’s indication that the conciliation functions entrusted to labour inspectors under the Labour Code take priority over their primary functions, and requested the Government to provide information on the measures taken or envisaged to remedy that situation. The Committee notes the Government’s indication that it has taken note the Committee’s comments and continues to take measures in this regard. The Committee urges the Government to provide detailed information on the measures taken to ensure that, in conformity with Article 3(2) of the Convention, the conciliation functions entrusted to labour inspectors do not pose an obstacle to the exercise of their primary functions. The Committee also requests the Government to indicate the time and resources that the inspection services dedicate to conciliation, in comparison to their primary functions set out in Article 3(1) of the Convention.

Article 4. Organization of the labour inspectorate. The Committee previously requested the Government to provide information on the reforms to the labour inspectorate, as well as an organizational chart of the labour inspection services under the Ministry of Employment, Labour and Social Security. In this regard, the Committee notes that, according to the Government, the organizational chart of the labour inspection services remains unchanged. The Committee also notes the Government’s indication that it plans to establish labour inspection services at the local authority level. The Committee requests the Government to continue providing information on the progress made in the establishment of inspection services at the local authority level. The Committee also requests the Government to indicate the manner in which the work of the new inspection services in local authorities will be monitored and supervised by the central authority for labour inspection.

Articles 5(a) and (b), 17 and 18. Cooperation between the labour inspection services and judicial bodies. Penalties for violation of the legal provisions and for obstructing labour inspectors in the performance of their duties. Collaboration between officials of the labour inspectorate and employers and workers. The Committee previously noted the Government’s indication that labour inspectors have rarely invoked section 355 of the Labour Code before the judicial authorities, which provides for penalties applicable in the event of the obstruction of labour inspectors and their assistants. In reply to the Committee’s previous request concerning the measures taken to facilitate effective cooperation between the inspection services and judicial bodies, the Government refers to a joint training session for magistrates and labour inspectors in 2007, and requests the assistance of the ILO to organize further training for these two groups. The Committee also notes the information provided by the Government concerning the organization of awareness-raising activities for employers on the role of labour inspectors, including workshops and training sessions. The Committee requests the Government to provide detailed information on any other activities organized or planned to raise employers’ awareness of the role and powers of labour inspectors, including the nature of the activities, their content, the number of employers who participated and the duration. The Committee also requests the Government to provide further information on the application of section 355 of the Labour Code in practice, including statistical data on the violations detected and the penalties imposed. Regarding the organization of joint training sessions for labour inspectors and the judicial bodies, the Committee notes the Government’s request for technical assistance and firmly hopes that this technical assistance from the Office will be provided in the very near future.

Articles 10 and 11. Human resources of the labour inspectorate and material resources available to inspectors. The Committee notes the information provided in the Government’s report concerning the number of officials employed in each of the 10 regional inspectorates in the country. The Committee also notes the Government’s indication that it plans to establish local inspection services, as it has in N’Gourti in the region of Diffa. The Committee notes, however, the absence of information concerning the current situation of the material resources available to the labour inspectorate. The Committee also notes that, according to a 2018 ILO report entitled Women and men in the informal economy: A statistical picture, workers employed in the informal economy represent 91.3 per cent of all employment in Niger, which could pose particular challenges in terms of inspection. The Committee requests the Government to continue its efforts to ensure that the labour inspectorate has the necessary human and material resources for the effective performance of its functions. The Committee also requests the Government to provide detailed information on any measures taken and progress made in this regard.

Articles 20 and 21. Annual report on the work of the inspection services. The Committee previously noted that, according to the Government, challenges remained in preparing an annual report on the activities of the inspection services, and the information gathered was often incomplete, unreliable and not communicated in a timely manner by all the services concerned. In this regard, the Committee notes the 2014 annual report of the inspection services, provided by the Government, which contains information on the laws and regulations relevant to the work of the inspection service, statistics of inspection visits and statistics of industrial accidents (Article 21(a),(d) and (f) of the Convention). The Committee also notes the indications in that annual report that some of the statistics provided, particularly on industrial accidents recorded, are far lower than the reality because reporting obligations are not always respected. The Committee requests the Government to make every effort to ensure that the central inspection authority is able to produce and publish annual labour inspection reports covering all the subjects set out in Article 21 of the Convention, particularly on: staff of the labour inspection service (Article 21(b)); statistics of workplaces liable to inspection and the number of workers employed therein (Article 21(c)); statistics of violations and penalties imposed (Article 21(e)); and statistics of occupational diseases (Article 21(g)). The Committee also requests the Government to continue to provide these annual reports to the Office, in accordance with Article 20 of the Convention. With reference to Article 14, the Committee also requests the Government to provide information on the measures taken or envisaged to improve the fulfilment of reporting obligations with respect to occupational accidents. The Committee notes the Government’s request for technical assistance in this regard, and firmly hopes that this technical assistance will be provided in the near future.

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The Committee notes the information provided by the Government on the training provided to labour inspectors, in application of Article 7(3) of the Convention.

Legislation. The Committee notes that the Office was requested to examine the draft of the implementing regulations of the Labour Code. It notes that the Office has communicated its comments on the draft to the Government in 2014, including with regard to labour inspection. The Committee requests the Government to provide information on the steps taken for the adoption of the draft of the implementing regulations of the Labour Code, and to communicate a copy of this text.

Article 3(2). Additional duties entrusted to labour inspectors. In response to the previous questions raised in this regard, the Committee notes the Government’s indication that the conciliation functions entrusted to labour inspectors under the Labour Code take priority over the primary functions of the labour inspector, in view of the limited materiel, human and financial resources of the labour inspection services. However, the Committee also notes the Government’s indications that in view of the recent establishment of a Ministry of Employment, Labour and Social Security, and the reforms that are under way, there is a tendency that this trend will be reversed. The Committee once again reminds the Government of the guidelines of Paragraph 8 of Recommendation No. 81 establishing that “the functions of labour inspectors should not include that of acting as conciliator or arbitrator in proceedings concerning labour disputes”. Noting the considerable impact of the conciliation duties of labour inspectors on the primary duties of labour inspectors, the Committee hopes that the Government will take all the necessary measures, including in the context of the current reforms, to ensure that, in accordance with Article 3(2) of the Convention, conciliation duties shall not be such as to interfere with the effective discharge of the primary duties of labour inspectors. Please also indicate whether measures have been taken or are envisaged to relieve labour inspectors of conciliation duties and to entrust this function to another body.

Article 4. Organization of the labour inspection system. The Committee notes the Government’s reference to the recently established Ministry of Employment, Labour and Social Security and the current reforms. The Committee requests the Government to provide information concerning these reforms, to the extent that they concern the labour inspection, as well as an organizational chart of the labour inspection services under this Ministry.

Articles 5(a) and (b), 17 and 18. Cooperation between the labour inspection services and judicial bodies. Penalties for violation of the legal provisions and for obstructing labour inspectors. Collaboration between officials of the labour inspectorate and employers and workers. The Committee previously noted that, according to the Government, employers are opposed to controls by labour inspectors, and that section 355 of the Labour Code of 2012 provides for penalties applicable in the event of the obstruction of labour inspectors and controllers.

The Committee notes the Government’s indications that labour inspectors have rarely invoked section 355 of the Labour Code before the judicial authorities, and that therefore no statistical information is available on the action taken as a result of acts of obstruction against labour inspectors and controllers. The Government mentions in this respect that there is a lack of knowledge from the employers of the powers of labour inspectors. The Committee also notes the Government’s indications that efforts are being deployed to improve cooperation between the inspection services and the judicial bodies. The Committee requests the Government to provide information on the concrete measures taken to facilitate effective cooperation between the inspection services and judicial bodies, in compliance with Article 5(a) of the Convention (such as joint training sessions with representatives of the judiciary). In addition, it asks the Government to indicate whether measures have been taken or are envisaged to raise awareness among employers on the role of labour inspectors. Please also provide statistical information relating to the number of violations detected, as well as the relevant number and amount of penalties imposed.

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Articles 10 and 11 of the Convention. Human resources and material means of the labour inspection services. The Committee notes with interest the Government’s indications that the budget allocated to all regional inspection services has been considerably increased, supplying them with office equipment and IT equipment, transport facilities and fuel, and that in 2012, 11 assistant labour inspectors and eight assistant labour controllers were recruited, which were divided among all inspection services based on their needs. However, the Government also indicates that the difficulties relating to the application of the Convention are still attributable to the low level of human, material and logistical resources. The Committee requests the Government to continue to take the necessary measures to ensure that the inspection services have the necessary human capacity and logistical resources to discharge their functions effectively, and to provide information on any further developments in this respect. In this context, the Committee also asks the Government to describe in detail the current situation of the labour inspection services in terms of the human resources and material means available.

Articles 20 and 21. Annual report on the work of the inspection services. The Committee notes that the last annual labour inspection report was sent to the Office in 1988. While it notes the Government’s indications that measures have been taken to facilitate the elaboration of an annual labour inspection report which is currently being prepared, it also indicates that difficulties of a human, material and logistical nature remain. According to the Government, the information collected is often incomplete, unreliable, and not supplied in real time by all inspection services due to the lack of technical expertise in collecting and processing the data. The Committee once again reminds the Government of the importance of preparing annual reports on the work of the inspection system, as required under Article 20, containing information on the subjects specified in Article 21(a)–(g), in order to enable it to evaluate and provide further support in increasing the effectiveness of the labour inspection services. With reference to its general observations of 2009 and 2010, the Committee encourages the Government to continue to take measures that will facilitate the establishment, publication and communication to the ILO of an annual report containing the information required by Article 21(a)–(g), and to provide information on the concrete steps taken in this regard. It reminds the Government that it may avail itself of ILO technical assistance for this purpose if necessary.

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

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With reference to its observation, the Committee wishes to raise the following additional points.

Legislation. The Committee notes the adoption of Law No. 2012-45 of 25 September 2012 establishing the Labour Code.

Article 3(2) of the Convention. Additional duties entrusted to labour inspectors. The Committee notes that, pursuant to articles 317–319 of the Labour Code of 2012, labour inspectors can participate in the conciliation of individual disputes.

The Committee reminds the Government of the primary functions of labour inspectors under Article 3(1) of the Convention (the enforcement of the legal provisions relating to conditions of work and the protection of workers and advice to employers and workers), and of the guidelines of Paragraph 8 of Recommendation No. 81 establishing that “the functions of labour inspectors should not include that of acting as conciliator or arbitrator in proceedings concerning labour disputes”. The Committee asks the Government to provide information on the time and resources of inspection services spent on conciliation in relation to their primary duties as defined in Article 3(1) of the Convention. It hopes that the Government will take the necessary measures to ensure that, in accordance with Article 3(2) of the Convention, these duties shall not be such as to interfere with the effective discharge of the primary duties of labour inspectors or to prejudice in any way the authority and impartiality that are necessary to inspectors in their relations with employers and workers.

Article 7(3). Training for labour inspectors. Noting that, according to the Government, inspectors may receive training and refresher courses, the Committee would be grateful if the Government would provide information on the subjects, number of participants, frequency and impact of the training activities provided for labour inspectors when they enter the service and during the course of their employment.

Articles 5(a), 17 and 18. Cooperation between the labour inspection services and judicial bodies, and penalties for obstructing labour inspectors. The Committee notes that, according to the Government, employers are opposed to the control of enterprises by inspectors. It also notes the information that section 355 of the Labour Code of 2012 provides for penalties applicable in the event of the obstruction of labour inspectors and controllers.

Referring to its general observation of 2007, the Committee emphasizes that cooperation between the labour inspection services and judicial bodies is necessary to ensure the application of legal provisions on the conditions of work and protection of workers when other means of action by labour inspection, such as advice, warnings or compliance notices, have not been effective. The Committee requests the Government to provide details, including statistical information, on the action taken as a result of acts of obstruction against labour inspectors and controllers, particularly the penalties imposed on the perpetrators of these violations. The Committee would also be grateful if the Government would indicate the measures taken to facilitate effective cooperation between the inspection services and judicial bodies, in compliance with Article 5(a) of the Convention.

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Articles 10 and 11 of the Convention. Resources of the labour inspection services. The Committee notes with interest that, according to the Government, seven out of nine inspection have been provided with vehicles, thus facilitating field visits. It notes however that, according to the Government, the difficulties relating to the application of the Convention are attributable to the low level of human, material and logistical resources. The Committee requests the Government to continue to take the necessary measures to ensure that the inspection services have the necessary resources to discharge their functions effectively. Please keep the Office informed of any progress made or difficulties encountered in this respect.

Articles 20 and 21. Annual report on the work of the inspection services. The Committee notes that no annual inspection report has been provided and that the Government’s report does not provide statistical information on labour inspection activities and their results, the geographical distribution of industrial and commercial establishments covered under the Convention and the workers employed therein. With reference to its general observations of 2009 and 2010, the Committee once again reminds the Government of the importance of the basic information requested in Articles 10(a)(i) and (ii) and 21 of the Convention for the evaluation of the operation of the labour inspection services and to establish useful means for improving its effectiveness. The Committee requests the Government to ensure that measures are taken to enable the main inspection authorities to fulfil the requirement to publish and communicate an annual inspection report in the format and within the time frame stipulated in Article 20, and containing information on each of the subjects set out in Article 21. Please keep the Office informed of any progress made or difficulties encountered in this regard.

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

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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:

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The Committee notes that the Government’s report provides information on the provisions of the national legislation vis-à-vis the provisions of the Convention. It notes in particular that, under Article 11 of the Convention concerning working conditions as well as logistical and material resources of labour inspectors, the Government indicates that, in the event of labour inspectors incurring expenses as part of their displacement or the performance of their duties, the costs are reimbursed through the national budget. However, it states that some inspectors do not even have a vehicle to carry out visits and usually perform requisitions. In addition, under Part IV of the report form for the Convention, the Government states that the general difficulties related to the implementation of the Convention lie within the limited human, material and logistical resources available to labour inspectors and to the National Labour Directorate resulting in the impairment to effectively fulfil their mission.

In its previous comments, the Committee had referred on several occasions to the findings of the high-level investigation mission carried out by the Office from 10 to 20 January 2006 (in the context of controlling the implementation of the Worst Forms of Child Labour Convention, 1999 (No. 182)), which highlighted the fact that the Labour Inspectorate was “severely deprived of material and humane means necessary to accomplish its various missions”, and recommended an audit of that institution to determine the exact nature and extent of needs in this area and considered that, once that was done, the Government would work with support from the ILO and that of other UN agencies and interested donors in order to mobilize resources.

In its report received in 2009, the Government committed itself to trying to make every effort to ensure that the audit would take place as soon as possible and to inform the Office of any developments in this regard. The Committee notes that the Government has not taken the measures in question but that, in response to the observation of 2010 on the need for an audit, while referring to the poor conditions within the labour inspection services, it has formally requested support and assistance from the ILO in order to strengthen the operational capabilities of its inspection services and address particular mining prospects.

The Committee must draw the Government’s attention to the fact that the establishment of a labour inspection system meeting the socio-economic objectives covered by the Convention should take in due account the measures recommended by the Commission particularly in its General Survey of 2006 on labour inspection and in its general observations of 2007 (the need for effective cooperation between the labour inspection services and the judiciary), of 2009 (the availability of statistics on industrial and commercial establishments liable to labour inspection and the number of workers covered as baseline information for assessing the implementation of the Convention in practice) and of 2010 (the publication and content of an annual report on the functioning of the labour inspection). In the absence of basic information on the functioning of the labour inspection (statistics on labour inspection activities and their results, geographical distribution of industrial and commercial undertakings covered by the Convention and workers occupied therein), the Committee is not in a position to assess the effect given in practice to the Convention or to the relevant national legislation.

Consequently, the Committee hopes that the Government’s request for ILO support in order to establish, in law and in practice, a labour inspection system as prescribed by the Convention will be satisfied rapidly and requests the Government to take, in consultation with organizations of employers and workers and in cooperation with the ILO Office in the region, the necessary measures for this purpose. The Committee requests the Government to keep the Office informed of the progress achieved and any difficulties encountered.

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 notes that the Government’s report provides information on the provisions of the national legislation vis-à-vis the provisions of the Convention. It notes in particular that, under Article 11 of the Convention concerning working conditions as well as logistical and material resources of labour inspectors, the Government indicates that, in the event of labour inspectors incurring expenses as part of their displacement or the performance of their duties, the costs are reimbursed through the national budget. However, it states that some inspectors do not even have a vehicle to carry out visits and usually perform requisitions. In addition, under Part IV of the report form for the Convention, the Government states that the general difficulties related to the implementation of the Convention lie within the limited human, material and logistical resources available to labour inspectors and to the National Labour Directorate resulting in the impairment to effectively fulfil their mission.

In its previous comments, the Committee had referred on several occasions to the findings of the high-level investigation mission carried out by the Office from 10 to 20 January 2006 (in the context of controlling the implementation of the Worst Forms of Child Labour Convention, 1999 (No. 182)), which highlighted the fact that the Labour Inspectorate was “severely deprived of material and humane means necessary to accomplish its various missions”, and recommended an audit of that institution to determine the exact nature and extent of needs in this area and considered that, once that was done, the Government would work with support from the ILO and that of other UN agencies and interested donors in order to mobilize resources.

In its report received in 2009, the Government committed itself to trying to make every effort to ensure that the audit would take place as soon as possible and to inform the Office of any developments in this regard. The Committee notes that the Government has not taken the measures in question but that, in response to the observation of 2010 on the need for an audit, while referring to the poor conditions within the labour inspection services, it has formally requested support and assistance from the ILO in order to strengthen the operational capabilities of its inspection services and address particular mining prospects.

The Committee must draw the Government’s attention to the fact that the establishment of a labour inspection system meeting the socio-economic objectives covered by the Convention should take in due account the measures recommended by the Commission particularly in its General Survey of 2006 on labour inspection and in its general observations of 2007 (the need for effective cooperation between the labour inspection services and the judiciary), of 2009 (the availability of statistics on industrial and commercial establishments liable to labour inspection and the number of workers covered as baseline information for assessing the implementation of the Convention in practice) and of 2010 (the publication and content of an annual report on the functioning of the labour inspection). In the absence of basic information on the functioning of the labour inspection (statistics on labour inspection activities and their results, geographical distribution of industrial and commercial undertakings covered by the Convention and workers occupied therein), the Committee is not in a position to assess the effect given in practice to the Convention or to the relevant national legislation.

Consequently, the Committee hopes that the Government’s request for ILO support in order to establish, in law and in practice, a labour inspection system as prescribed by the Convention will be satisfied rapidly and requests the Government to take, in consultation with organizations of employers and workers and in cooperation with the ILO Office in the region, the necessary measures for this purpose. The Committee requests the Government to keep the Office informed of the progress achieved and any difficulties encountered.

[The Government is asked to reply in detail to the present comments in 2012.]

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The Committee takes note of the Government’s report received on 19 November 2009.

Need for a labour inspection audit for determining needs and their satisfaction with ILO support and international financial cooperation. In its previous comments, the Committee had taken note of the report of the high-level fact-finding mission which was conducted from 10 to 20 January 2006 by the ILO further to the conclusions of the Committee on the Application of Standards of the ILC (May–June 2005), on the application of the Worst Forms of Child Labour Convention, 1999 (No. 182), and which was extended to issues of forced labour and slavery. The Committee had noted the need for an audit of the labour inspectorate to determine exactly the type and scope of the inspectorate’s needs so that, once that had been carried out, the Government, with the support of the ILO and of other United Nations agencies and concerned donors, could endeavour to mobilize the necessary resources.

Referring to the conclusions of the ILO’s high-level fact-finding mission report, where it was underlined that the labour inspectorate is desperately short of the necessary resources to carry out its various missions, in terms of both human resources and material resources, the Committee notes with regret that the Government is confined to indicating in its report that it endeavours to take all necessary measures for the audit to take place as soon as possible and that the Committee would be informed in this regard. It provides no specific information as to any relevant measures taken or envisaged.

Therefore, the Committee is bound to urge once again the Government to take all necessary measures, in consultation with employers’ and workers’ organizations, with a view to assembling the logistical and substantive conditions for launching, under ILO auspices, an audit of the labour inspectorate permitting the progressive application of the Convention in accordance with national priorities and requirements.

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The Committee takes note of the Government’s report received on 1 December 2007. Noting that it does not contain information on measures requested in the previous observation, the Committee must therefore repeat the latter, which read as follows:

The Committee notes the Government’s report received in September 2005 and the information provided in reply to its previous comments. The Committee has also noted the report of the high-level fact-finding mission conducted from 10 to 20 January 2006 by the ILO further to the conclusions of the Committee on the Application of Standards of the ILC (May–June 2005), on the application of the Worst Forms of Child Labour Convention, 1999 (No. 182), and extended to issues of forced labour and slavery.

Need for a labour inspection audit for determining needs and their satisfaction with ILO support and international financial cooperation. The Government indicates that, contrary to the statement in its previous report, it has not been possible to mobilize the expected increase in the budgetary allocation for the labour inspectorate for budgetary year 2004 but that it will continue its endeavours in this direction. While indicating that the inspection staff is spread throughout the territory in accordance with availability of its officers and that each regional labour inspection service has a vehicle and a fuel allowance, the Government continues to refer to difficulties regarding the inadequacy, in both quantity and quality, of staff, given the size of the country and the predominance of the informal sector. In the 1997 annual report of the Directorate for Employment Promotion and Occupational Training, it was indicated, moreover, that labour inspections carry out the functions of the Directorate which focus chiefly on matters of employment and training, as attested by the monthly reports for 1999 of the regional inspections for Tarlit and Zbinden, which contain only sparse data regarding inspection activities. According to the conclusions of the ILO’s high‑level fact-finding mission report, labour inspection (which plays a key role in the campaign against child labour and forced labour) is desperately short of the necessary resources to carry out its various missions, in terms of both human resources and material resources. Consequently, the mission recommended carrying out an audit of the labour inspectorate to determine exactly the type and scope of its needs and considered that, once that had been carried out, the Government, with the support of the ILO and of other United Nations agencies and concerned donors, could endeavour to mobilize the necessary resources.

The Committee hopes that measures will be taken speedily by the Government, in consultation with employers’ and workers’ organizations, with a view to assembling the logistical and substantive conditions for launching, under ILO auspices, an audit of the labour inspectorate permitting the progressive application of the Convention in accordance with national priorities and requirements.

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 Government’s report received in September 2005 and the information provided in reply to its previous comments. The Committee has also noted the report of the high-level fact-finding mission conducted from 10 to 20 January 2006 by the ILO further to the conclusions of the Committee on the Application of Standards of the ILC (May‑June 2005), on the application of the Worst Forms of Child Labour Convention, 1999 (No. 182), and extended to issues of forced labour and slavery.

Need for a labour inspection audit for determining needs and their satisfaction with ILO support and international financial cooperation. The Government indicates that, contrary to the statement in its previous report, it has not been possible to mobilize the expected increase in the budgetary allocation for the labour inspectorate for budgetary year 2004 but that it will continue its endeavours in this direction. While indicating that the inspection staff is spread throughout the territory in accordance with availability of its officers and that each regional labour inspection service has a vehicle and a fuel allowance, the Government continues to refer to difficulties regarding the inadequacy, in both quantity and quality, of staff, given the size of the country and the predominance of the informal sector. In the 1997 annual report of the Directorate for Employment Promotion and Occupational Training, it was indicated, moreover, that labour inspections carry out the functions of the Directorate which focus chiefly on matters of employment and training, as attested by the monthly reports for 1999 of the regional inspections for Tarlit and Zbinden, which contain only sparse data regarding inspection activities. According to the conclusions of the ILO’s high‑level fact-finding mission report, labour inspection (which plays a key role in the campaign against child labour and forced labour) is desperately short of the necessary resources to carry out its various missions, in terms of both human resources and material resources. Consequently, the mission recommended carrying out an audit of the labour inspectorate to determine exactly the type and scope of its needs and considered that, once that had been carried out, the Government, with the support of the ILO and of other United Nations agencies and concerned donors, could endeavour to mobilize the necessary resources.

The Committee hopes that measures will be taken speedily by the Government, in consultation with employers’ and workers’ organizations, with a view to assembling the logistical and substantive conditions for launching, under ILO auspices, an audit of the labour inspectorate permitting the progressive application of the Convention in accordance with national priorities and requirements.

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The Committee notes the Government’s report and the information provided in reply to its previous comments.

The Committee notes that, according to the Government the operation of the inspection services, like that of other administrative bodies of the State, was affected by a lack of resources and the severe restrictions that had to be imposed on recruitment in order to meet the objective of controlling the wage bill. Nevertheless, expectations are high that the state budget for 2004 will bring about improvements for labour inspection services, particularly with regard to human resources. The Committee would be grateful if the Government would provide information on any changes made by the forthcoming budgetary decisions to the portion of the budget allocated to labour inspection and on how that allocation is spent, with a view to reinforcing the human and financial resources as well as the logistical means required to perform the functions envisaged by the Convention.

The Government is asked to provide detailed information on the composition of the labour inspectorate staff (inspectors, supervisors, administrative personnel) and on its geographical distribution; on the transport facilities (public transport, vehicles, two-wheeled vehicles) at the disposal of inspectors for carrying out the supervision of legal provisions related to working conditions in the workplaces liable to inspection as well as the arrangements made to refund to inspectors any expenses they incurred in the performance of their duties (Article 11).

Lastly, the Government is asked to provide information on the number of inspectors who participated in training seminars or workshops organized by the ILO and on the length and content of the training given as well as its impact (Article 7).

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The Committee notes the Government’s report and the partial replies to its previous comments. It notes that the reports on the activities of the Directorate for the Promotion of Employment and Vocational Training of the Ministry of the Public Service, Labour and Employment do not contain information on the operation and activities of the labour inspectorate. The Committee notes that the two monthly activity reports covering the month of November 1996 and concerning the inspection offices in Arlit and Zinder only report a very limited number of inspections of workplaces.

The Committee notes the difficulties inherent in the economic and social situation in the country and, as a consequence, the low level of resources of the public labour administration in general, and the labour inspectorate in particular. Emphasizing the social function of labour inspection, the Committee recalls the possibility of having recourse to ILO technical assistance for the evaluation of the inspection system and the determination of the legislative, structural, human and material resources required to improve its effectiveness. Moreover, the necessary financing can be sought through international cooperation from potential donors. The Committee urges the Government to explore these channels, although not without first having compiled the available information on the situation of the labour inspectorate in terms of the needs which could be submitted for support when requesting the above assistance (applicable legislation, available staff and material resources, industrial and commercial activities, number of workplaces, numbers of workers employed in these workplaces). The Committee requests the Government to provide information on any practical measures taken to improve the inspection system and any steps which may have been taken to obtain the necessary assistance.

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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 on the matters raised in its previous direct request, which read as follows:

The Committee notes the Government's reports and the partial information provided in reply to its previous comments. With reference to its observation on the Convention, the Committee would be grateful if the Government would provide additional information in its next report on the following points:

Article 3, paragraph 2, of the Convention. The Committee notes that, in accordance with section L.510.1 of the Labour Code, the responsibilities of labour inspectors include supervising the application of provisions issued on employment and vocational training. The Government states that labour inspectors are also increasingly being called upon to give courses on labour law in schools and other vocational training centres. The Committee wishes to recall that, according to this provision of the Convention, the primary duties of the labour inspectorate are to secure the enforcement of legal provisions relating to conditions of work and the protection of workers and that any further duties which may be entrusted to it, such as those relating to industrial relations, placement, the mobility of workers or vocational training and guidance, shall not be such as to interfere with the effective discharge of its primary duties or to prejudice in any way the authority and impartiality which are necessary to inspectors in their relations with employers and workers. The Government is requested to indicate the manner in which it is ensured that the range of duties which now have to be discharged by inspectors do not interfere with the discharge of their obligation as set out in section 6 of Decree No. 67-126 of 7 September 1967 to carry out inspection visits in establishments subject to their control at least once a year.

Article 4, paragraph 1. The Committee notes that the organization and system for the control of the labour inspectorate, as described in section L.510.3, are unchanged with regard to the previous legislation. However, it notes the introduction of a provision submitting the activities of medical labour inspectors to the same system. Furthermore, according to Decree No. 67-126 above, the labour inspectorate and the occupational medical inspectorate are under the control of the central directorate of labour and social security. The Committee would be grateful if the Government would supply with its next report an organigramme of the Ministry of Labour and the external services discharging work related to labour inspection or contributing to it so that it can assess the manner in which effect is given to this provision, which provides that, so far as is compatible with the administrative practice, labour inspection shall be placed under the supervision and control of a central authority.

Article 7. The Committee notes the general nature of section L.510.5, under which the staff of the public service is composed of persons who are suitably qualified to discharge their functions and has access to the necessary training, as well as the Government's indication that inspectors are called upon to give courses on labour law in schools and vocational training centres. It requests the Government to provide information on the contents of the initial training required to exercise the functions of labour inspector.

Article 8. The Committee would be grateful if the Government would indicate the proportion of women in the categories of officials eligible for appointment to the labour inspectorate.

Article 12, paragraph 1(a) and (b). The Committee notes that, according to section L.510.10(a) of the Labour Code, inspections by day and night are carried out in establishments subject to such supervision only in the event that inspectors have reasonable grounds for believing that persons who are legally protected are engaged therein. It also notes that the Labour Code has not reproduced the former provision authorizing inspection by night in premises in which it is evident that collective night work is performed (section 151(b) of the former Code). The Committee would be grateful if the Government would indicate the manner in which supervision is carried out by the inspectorate of the possible presence in the above establishments of undeclared workers at times other than those when legally protected persons are engaged.

Article 14. The Committee requests the Government to indicate the manner in which the reports of occupational accidents and cases of occupational disease which employers are required to make under section 136 of the Labour Code are transmitted to the labour inspectorate and, if possible, to provide copies of the regulations governing this procedure.

Article 16. With reference to its comment under Article 3 above, the Committee requests the Government to indicate the measures which have been taken or are envisaged to ensure, in accordance with section 6 of Decree No. 67-126 above, that all the workplaces subject to such control are inspected annually and, where appropriate, to provide information on developments in the situation in the workplaces inspected resulting from the application of these measures.

Article 19. The Committee would be grateful if the Government would attach to its next report, in so far as possible, examples of the monthly reports of the labour inspectorate, as envisaged in section 6 of Decree No. 67-126 above.

Articles 20 and 21. The Committee notes that the legislation also provides for the preparation and transmission to the central authority of annual inspection reports. However, it notes with regret that the annual reports envisaged under Article 20 on the subjects set out in Article 21 have not been transmitted to the International Labour Office for many years, despite its repeated requests. The Committee emphasizes that inspection reports are not an end in themselves, but that they provide indications of the problems encountered by the labour inspectorate and the practical results of their activities and show the extent to which the objective is achieved of guaranteeing that workplaces are inspected as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions. The Committee therefore requests the Government to take the necessary measures as soon as possible to give effect to these provisions of the Convention and to ensure that the above annual inspection reports are published and transmitted to the International Labour Office in due time.

Finally, the Government is requested to supply the International Labour Office with a copy of any text issued under the provisions of the new Labour Code respecting the missions of the labour inspectorate and any text which repeals the regulations issued under the former Code.

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The Committee notes the Government's reports and the partial information provided in reply to its previous comments. With reference to its observation on the Convention, the Committee would be grateful if the Government would provide additional information in its next report on the following points:

Article 3, paragraph 2, of the Convention. The Committee notes that, in accordance with section L.510.1 of the Labour Code, the responsibilities of labour inspectors include supervising the application of provisions issued on employment and vocational training. The Government states that labour inspectors are also increasingly being called upon to give courses on labour law in schools and other vocational training centres. The Committee wishes to recall that, according to this provision of the Convention, the primary duties of the labour inspectorate are to secure the enforcement of legal provisions relating to conditions of work and the protection of workers and that any further duties which may be entrusted to it, such as those relating to industrial relations, placement, the mobility of workers or vocational training and guidance, shall not be such as to interfere with the effective discharge of its primary duties or to prejudice in any way the authority and impartiality which are necessary to inspectors in their relations with employers and workers. The Government is requested to indicate the manner in which it is ensured that the range of duties which now have to be discharged by inspectors do not interfere with the discharge of their obligation as set out in section 6 of Decree No. 67-126 of 7 September 1967 to carry out inspection visits in establishments subject to their control at least once a year.

Article 4, paragraph 1. The Committee notes that the organization and system for the control of the labour inspectorate, as described in section L.510.3, are unchanged with regard to the previous legislation. However, it notes the introduction of a provision submitting the activities of medical labour inspectors to the same system. Furthermore, according to Decree No. 67-126 above, the labour inspectorate and the occupational medical inspectorate are under the control of the central directorate of labour and social security. The Committee would be grateful if the Government would supply with its next report an organigramme of the Ministry of Labour and the external services discharging work related to labour inspection or contributing to it so that it can assess the manner in which effect is given to this provision, which provides that, so far as is compatible with the administrative practice, labour inspection shall be placed under the supervision and control of a central authority.

Article 7. The Committee notes the general nature of section L.510.5, under which the staff of the public service is composed of persons who are suitably qualified to discharge their functions and has access to the necessary training, as well as the Government's indication that inspectors are called upon to give courses on labour law in schools and vocational training centres. It requests the Government to provide information on the contents of the initial training required to exercise the functions of labour inspector.

Article 8. The Committee would be grateful if the Government would indicate the proportion of women in the categories of officials eligible for appointment to the labour inspectorate.

Article 12, paragraph 1(a) and (b). The Committee notes that, according to section L.510.10(a) of the Labour Code, inspections by day and night are carried out in establishments subject to such supervision only in the event that inspectors have reasonable grounds for believing that persons who are legally protected are engaged therein. It also notes that the Labour Code has not reproduced the former provision authorizing inspection by night in premises in which it is evident that collective night work is performed (section 151(b) of the former Code). The Committee would be grateful if the Government would indicate the manner in which supervision is carried out by the inspectorate of the possible presence in the above establishments of undeclared workers at times other than those when legally protected persons are engaged.

Article 14. The Committee requests the Government to indicate the manner in which the reports of occupational accidents and cases of occupational disease which employers are required to make under section 136 of the Labour Code are transmitted to the labour inspectorate and, if possible, to provide copies of the regulations governing this procedure.

Article 16. With reference to its comment under Article 3 above, the Committee requests the Government to indicate the measures which have been taken or are envisaged to ensure, in accordance with section 6 of Decree No. 67-126 above, that all the workplaces subject to such control are inspected annually and, where appropriate, to provide information on developments in the situation in the workplaces inspected resulting from the application of these measures.

Article 19. The Committee would be grateful if the Government would attach to its next report, in so far as possible, examples of the monthly reports of the labour inspectorate, as envisaged in section 6 of Decree No. 67-126 above.

Articles 20 and 21. The Committee notes that the legislation also provides for the preparation and transmission to the central authority of annual inspection reports. However, it notes with regret that the annual reports envisaged under Article 20 on the subjects set out in Article 21 have not been transmitted to the International Labour Office for many years, despite its repeated requests. The Committee emphasizes that inspection reports are not an end in themselves, but that they provide indications of the problems encountered by the labour inspectorate and the practical results of their activities and show the extent to which the objective is achieved of guaranteeing that workplaces are inspected as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions. The Committee therefore requests the Government to take the necessary measures as soon as possible to give effect to these provisions of the Convention and to ensure that the above annual inspection reports are published and transmitted to the International Labour Office in due time.

Finally, the Government is requested to supply the International Labour Office with a copy of any text issued under the provisions of the new Labour Code respecting the missions of the labour inspectorate and any text which repeals the regulations issued under the former Code.

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The Committee notes with satisfaction that sections L.510 and L.510.10(e) of the Labour Code of 29 June 1996 give effect to Articles 3, paragraph 1(c), and 12, paragraph (c)(iii), of the Convention.

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

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Article 5 of the Convention. Further to its previous comments regarding the hostility met with by labour inspectors from employers, including those in the public sector, the Committee notes the information that legislation and regulations implementing the Convention are being revised by a committee and that these texts will be communicated when completed. Please provide full particulars of such revision and indicate other measures taken or contemplated to ensure further collaboration from employers as regards labour inspection.

Articles 10 and 16. The Committee notes the information that the Government recruits each year about ten new inspectors among graduates of specialized schools or among officers of the Ministry who have undergone training or retraining. Please indicate if such recruitment has resulted in a net increase of the strength of the labour inspectorate and in more frequent inspection visits taking into account the increased number of work accidents reported previously. Please provide further information on developments in this regard with future reports.

Article 11. The Committee notes that the inadequacies reported earlier in the facilities available to inspectors especially as regards transport continue because of the economic difficulties faced by the country. Please provide indications on developments in this regard and on the measures that are proposed pending improvements in the general economic conditions.

Article 13, paragraph 2. Further to its previous comments, the Committee notes that its earlier suggestion for the issuance of a decree under section 131 of the Labour Code concerning inspectors' powers to make orders with immediate executory force could be put to the committee currently engaged in revising the Labour Code. In the meanwhile, please provide with future reports information on the practical application of this provision.

Article 20. The Committee notes that annual reports on the work of the inspection services for the periods after 1988 have not yet reached the Office. It hopes that future reports will be sent regularly and within the time-limits established by the Convention.

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Article 5 of the Convention. The Committee notes that labour inspectors have often met with hostility on the part of employers, including those in the public sector, and the 1988 inspection report calls for further education of employers as to the role of labour inspection. It hopes the Government will indicate what measures are being taken in this respect to ensure the necessary collaboration.

Articles 10 and 16. The Committee notes the relatively small number of inspection visits carried out and the increased numbers of work accidents reported. Please indicate what measures are contemplated to increase numbers of labour inspectors.

Article 11. The Committee notes that the 1988 inspection report also refers to inadequacies in the facilities available to inspectors especially as regards transport. Please indicate what measures are proposed in this respect.

Article 13, paragraph 2. Further to its previous comments, the Committee notes the Government's indication that sections 132 and 133 of the Labour Code are interpreted to empower labour inspectors, in the event of imminent danger to the health or safety of the workers, to make orders requiring measures with immediate executory force. In practice inspectors have ordered the cessation of workplace operations in such cases. The Committee notes that the Government hopes to amend the relevant provisions in due course so as to reflect explicitly the requirements of the Convention. It wonders whether the desired result could not be achieved by issuing a decree under section 131 of the Labour Code. In the meanwhile, the Committee asks the Government to provide with each future report information on the practical application of this provision.

Article 20. The Committee notes the 1986, 1987, and 1988 reports on the work of the inspection services. It hopes that future reports will be sent regularly within the time-limits established by the Convention.

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The Committee has taken note of the information transmitted by the Government as regard the application of Article 10 of the Convention.

Article 13, paragraph 2. With reference to its previous comments, the Committee takes note of the information provided by the Government, to the effect that in the event of imminent danger to the health or safety of the workers, the inspectors are empowered to make orders requiring measures with immediate executory force. It would be grateful if the Government would indicate the provisions under which these powers are conferred on inspectors.

Article 20. The Committee notes that the reports on the work of the inspection services for 1986-88 have not been received by the International Labour Office. It hopes that these reports will be transmitted very shortly and that, in future, the time-limits established by Article 20 for the publication and transmission of these reports will be respected.