Labour Inspection (Agriculture) Convention, 1969 (No. 129) - Egypt (RATIFICATION: 2003)

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Previous comments on Conventions Nos 81 and 129, and Convention No. 150

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on labour inspection and labour administration, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection), 129 (labour inspection in agriculture) and 150 (labour administration) together.

Legislation. Following its previous comment, the Committee notes that the draft Labour Code has been approved by the Senate and submitted to the House of Representatives, with a plenary meeting to be held at a later stage. The Committee requests the Government to continue to provide information on any progress made regarding the adoption of the Labour Code, and to provide a copy once adopted.

Labour Inspection Convention, 1947 (No. 81) and Labour Inspection (Agriculture) Convention, 1969 (No. 129)

Technical assistance. Following its previous comment, the Committee notes that a number of measures were taken with ILO technical assistance, including: (i) the provision of training to 911 labour inspectors and occupational safety and health (OSH) inspectors on national and international labour standards; (ii) the development and implementation of a strategic plan for the inspection units in industrial areas; (iii) the development of an inspection checklist, and the adoption of Ministerial Order No. 122 of 2017 on its circulation and use; (iv) the elaboration of a draft manual of procedures for OSH inspection; (v) the digitalization of the inspection system and provision of necessary electronic devices and other materials; (vi) the organization of 335 awareness-raising sessions covering 824 industrial facilities and 16,886 workers and employers. The Committee notes the information provided by the Government which addresses its previous request.

Article 3(1)(a) and (b) of Convention No. 81 and Article 6(1)(a) and (b) of Convention No. 129. 1. Labour inspection activities to combat child labour (in agriculture). Following its previous comment, the Committee notes the statistical information provided by the Government on control and enforcement activities undertaken by the labour inspectorate in the area of child labour, indicating that the number of inspection visits performed in this area from January 2016 to June 2018 reached 35,935, with 8,931 violations detected and 1,474 infringement reports issued. The Committee requests the Government to continue to provide information on the number of inspection visits carried out in the area of child labour, including information on the activities in the regions, the number of violations detected and the penalties imposed, specifically in relation to the agricultural sector, as well as other sectors.

2. Inspection activities in enterprises with less than 50 employees. Following its previous comment, the Committee notes the statistical information provided by the Government regarding inspection visits carried out in 2016–17. According to the information provided, OSH inspection visits took place in 220,010 enterprises employing between 15 and 50 workers, with 150,305 violations detected and 75,475 infringement reports issued. While noting this information,the Committee requests the Government to also provide information on the number of inspection visits carried out in enterprises employing less than 15 workers, and to indicate the number of violations detected in these enterprises.

Article 7(3) of Convention No. 81 and Article 9(3) of Convention No. 129. Training of labour inspectors. Following its previous comment, the Committee notes the indication of the Government that a training course was provided to labour inspectors on measuring chemical pollutants in the working environment in agriculture. Moreover, 40 inspectors were trained on sign language. The Committee notes the information provided by the Government which addresses its previous request.

Articles 8 and 10 of Convention No. 81 and Articles 10 and 14 of Convention No. 129. Sufficient number of labour inspectors. Gender distribution of labour inspection personnel. The Committee notes that in reply to its previous request, the Government indicates that there are 448 labour inspectors, of which 365 are men and 93 are women (about 20 per cent), 365 occupational safety and health (OSH) inspectors, of which 195 are men and 170 are women (about 47 per cent), and 269 labour relations inspectors, of which about 60 per cent are men and 40 per cent are women. The Committee notes that the number of inspectors has continued to decrease significantly, from 681 in 2012 to 365 in 2018 (about 46 per cent) among OSH inspectors, and from 822 to 448 (about 45 per cent) among labour inspectors in the same period. The Committee also notes that the Government refers to 530 operational inspectors. The Committee requests the Government to provide information on the gender distribution among the different grades of inspectors. The Committee also requests the Government to provide information on the reasons which have led to a substantial decrease in the number of inspectors, and on any measures taken or contemplated to address this situation. In that regard, the Committee requests information on the conditions of service of labour inspectors, including their career prospects, turnover rates, and level of remuneration compared to other public servants exercising similar functions such as tax inspectors or police officers. The Committee also requests the Government to provide further information on the nature of functions performed by operational inspectors.

Articles 11 and 16 of Convention No. 81 and Articles 15 and 21 of Convention No. 129. Reimbursement of expenses incurred during the performance of labour inspection duties. Following its previous comment, the Committee notes the Government’s indication that the regulations on the reimbursement of transport allowances are still under consultation with the competent authorities. It states that the new regulations include rules for the distribution of these allowances and the manner of reimbursement. The Government also indicates that means of transport are provided to each regional directorate in accordance with its inspection visit plan. When transport means are not available, a transport allowance is granted. The Committee requests the Government to continue to provide information on progress made regarding the adoption of the new regulations on the reimbursement of transport allowances and provide a copy once adopted.

Articles 20 and 21 of Convention No. 81 and Articles 26 and 27 of Convention No. 129. Annual reports on the work of the labour inspection services. The Committee notes the Government’s information on legislation related to the performance of labour inspection services. It also notes the statistical information provided by the Government for the period of 2016–17 on the following items: (i) the total number of inspectors, including their gender distribution; (ii) statistics related to inspection activities in the area of agriculture, child labour and OSH; (iii) the number of violations detected concerning OSH and child labour; and (iv) the total number of industrial accidents and occupational diseases. However, the Committee notes that no annual inspection reports have been received. The Committee requests that the Government ensure that annual reports on the work of the labour inspection services are regularly communicated to the Office in accordance with Article 20 of Convention No. 81 and Article 26 of Convention No. 129, and that they contain information on all the subjects enumerated in Article 21(a)–(g) of Convention No. 81 and 27(a)–(g) of Convention No. 129. The Committee requests that the Government communicate the information on labour inspection activities in agriculture either as a separate report or as part of the general report of the labour inspectorate, in conformity with Article 26 of Convention No. 129. The Committee also once again requests the Government to indicate the means of publication of the annual labour inspection reports (such as, for instance, the website of the labour inspectorate or the Official Gazette).

Labour Administration Convention, 1978 (No. 150)

Article 7 of the Convention. Extension of the functions of the system of labour administration to workers who are not employed persons. Following its previous comment, the Committee notes with interest the Government’s information on the adoption of Ministerial Decree No. 162 of 2019 regarding the financial and administrative regulation of the employment, welfare and protection of informal workers (agriculture, seasonal and temporary and similar workers). Section 12 of that Decree provides that the competent department within the Ministry of Manpower shall establish the controls and mechanisms for the employment of informal workers and provide health care, social welfare and employment to such workers, subject to the provisions of the financial and administrative regulation. The Committee requests the Government to provide information on the practical application of the Ministerial Decree No. 162 of 2019.

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In order to provide a comprehensive view of the issues relating to the application of the ratified governance Conventions on labour inspection, the Committee considers it appropriate to examine Convention No. 81 and Convention No. 129 in a single comment.

Review of the Labour Code. The Committee notes with interest that the Government requested ILO technical assistance which was provided by the Office in the form of legislative comments on the 2014 draft Labour Code, including with regard to labour inspection. The Committee requests the Government to provide information on the progress made with adopting the recommended amendments to the Labour Code and to provide a copy of the revised Labour Code following its adoption.

Articles 3(1)(a) and (b), 4, 5(a), 6, 7, 10, 11, 16, 17, 18, 20 and 21 of Convention No. 81 and Articles 6(1)(a) and (b), 7, 14, 15, 22, 23, 24, 26 and 27 of Convention No. 129. Labour inspection in export factories and assessment of the labour inspection system in the context of ILO technical assistance. The Committee notes the initiation of the ILO–USDOL technical cooperation project on “Promoting worker rights and competitiveness in Egyptian export industries” which seeks to strengthen respect for labour standards and increase productivity in export factories through: (i) capacity building of the national inspectorate; (ii) supporting employers in complying with labour standards and achieving increased productivity; and (iii) building systems for social dialogue and worker representation within factories.

The Committee also notes with interest from the progress report on the abovementioned project (concerning the fourth quarter of 2015), the various activities that have been realized or are planned, including: (i) the establishment of strategic labour inspections plans for 2015–17 and efforts to develop an electronic inspection information system; (ii) the development of checklists and the organization of various training activities for labour inspectors; (iii) improvements in the material conditions of the labour inspectorate, through the provision of transport facilities, office equipment and computers; and (iv) the discussion of the draft Labour Code during a three-day workshop with 36 labour and occupational safety and health (OSH) inspectors.

The Committee further notes that a study titled “Labour inspection system in Egypt between the legal framework and the practical reality: A study of the development requirements” was published in 2015 in the context of this project. The findings of this study concern: (i) the existence of a multitude of applicable legislation, with sometimes conflicting provisions; (ii) the absence of sufficiently dissuasive sanctions and difficulties in their enforcement; (iii) the insufficiency of preventive activities of labour inspectors; (iv) the large amount of other functions entrusted to labour inspectors, including paperwork, at the expense of their primary functions; (v) the lack of coordination and communication throughout the structures of the labour inspection services and with other entities assuming similar functions; (vi) the absence of legal protection for labour inspectors and wages that are insufficient to attract suitable labour inspection candidates; (vii) a decrease in the capacity of labour inspectors and their insufficient training; (viii) an insufficient number of labour inspectors in relation to the workplaces subject to their inspection; and (ix) the lack of the necessary financial and material resources, including labour inspection offices, transportation and equipment.

The Committee requests the Government to provide further information in relation to the abovementioned findings of the study and, where applicable, on the measures to overcome these obstacles to the effective functioning of the labour inspection system. In this regard, the Committee also requests that the Government provide detailed information on the implementation of the activities planned within the abovementioned project.

Article 3(1)(a) and (b) of Convention No. 81 and Article 6(1)(a) and (b) of Convention No. 129. Labour inspection activities to combat child labour (in agricultural workplaces). In its previous comment, the Committee noted a significant decrease in the number of violations detected in the area of child labour (from 436 in 2009 to 70 in 2011). Concerning child labour in agriculture, it noted that 53 per cent of all working children were estimated to work in the agricultural sector, mainly to harvest the cotton crop each season. It further noted that many of these children worked without masks or respirators, received little or no training on safety precautions for work with toxic pesticides and herbicides and routinely worked 11 hours a day, seven days a week, in 40 degree summer heat. While the Committee notes the general information provided by the Government on the measures taken by the labour inspectorate in the area of child labour (the recruitment and training of labour inspectors on modern inspection methods, the establishment of information systems with inspection data, the organization of numerous awareness-raising activities, etc.), it also notes that the Government has not provided the requested statistical information on the control and enforcement activities undertaken by the labour inspectorate, including in the area of child labour in the agricultural sector. The Committee therefore once again requests the Government to provide information on the number of inspection visits conducted in the area of child labour, the number of violations detected and the legal provisions to which they relate, as well as specific information on the penalties imposed (the amount of fines imposed and other measures ordered, such as the suspension of operations, imprisonment or other administrative or judicial measures taken in relation to users of child labour).

Article 3(1)(a) and (b) of Convention No. 81 and Article 6(1)(a) and (b) of Convention No. 129. Inspection activities in enterprises with less than 50 employees. In its previous comments, the Committee noted that only a small proportion of violations in the area of OSH were committed in large-scale enterprises. It noted the Government’s reference to information and awareness-raising sessions in enterprises with less than 50 workers and the requirement of small enterprises to regularly provide statistics on their level of compliance with OSH requirements. Concerning inspections in enterprises employing between 15 and 50 workers, and with less than 15 workers respectively, the Committee notes that the Government has not provided the requested information on control activities in these workplaces. The Committee therefore once again requests the Government to indicate the number of inspection visits in enterprises employing between 15 and 50 workers, and with less than 15 workers, respectively, and to indicate the number of violations detected in these enterprises.

Article 7(3) of Convention No. 81 and Article 9(3) of Convention No. 129. Training of labour inspectors. The Committee notes the Government’s indication that specialized training courses are currently being prepared for labour inspectors entrusted with controls in the area of OSH. It notes the Government’s commitment to communicate information on the number of participants in these trainings, as well as on their subjects, frequency and duration, once such information is available. The Committee notes with interest from the information available to the ILO that, in 2014, the first sign language course for labour inspectors was launched. Referring to its previous request in this regard, the Committee trusts that the Government will provide the requested information on the training provided to labour inspectors specifically in agriculture-related subjects, like the handling of chemicals and pesticides. The Committee also requests that the Government provide information on the implementation of the sign language training course for labour inspectors (the number of labour inspectors that were trained, etc.).

Article 8 of Convention No. 81 and Article 10 of Convention No. 129. Gender distribution of labour inspection personnel. The Committee previously noted the information provided by the Government according to which among the 681 inspectors entrusted with inspections in the area of OSH, 74 were women (that is, 9 per cent), and that among the 822 labour inspectors entrusted with general inspections, 279 were women (that is, 40 per cent). The Committee notes the Government’s indication that measures are taken to ensure that women inspectors are entrusted with the control of workplaces with a majority of women. In the absence of information provided in this regard, the Committee once again requests the Government to provide details of the different categories and grades of inspectors, and the gender distribution among these categories and grades.

Article 10 of Convention No. 81 and Article 14 of Convention No. 129. Geographical distribution of labour inspection personnel in relation to the distribution of the number of workplaces liable to inspection and workers employed therein. The Committee previously noted that the number of labour inspectors entrusted with inspections in the field of OSH had decreased from 1,039 in 2010 to 681 in 2012, and that the number of labour inspectors entrusted with general inspections had decreased from 856 to 822 in the same period. In this regard, the Committee notes the Government’s indication that additional labour inspectors have been recruited and that all retired labour inspectors were replaced by new recruits. In the absence of information provided in this regard, the Committee once again requests the Government to specify the number of labour inspectors entrusted with inspections in the area of OSH and in the area of general inspections assigned to the different administrative regions in relation to the distribution of the number of workplaces liable to inspection in these regions.

Articles 11 and 16 of Convention No. 81 and Articles 15 and 21 of Convention No. 129. Reimbursement of expenses incurred during the performance of labour inspection duties. The Committee previously noted the Government’s indication that in cases where labour inspectors use their own means of transportation, they are reimbursed their expenses in accordance with the relevant regulations on the reimbursement of transport allowances. In this regard, the Committee notes the Government’s indication that these regulations are currently being revised. The Committee requests the Government to provide information on whether a revised version of the regulations on the reimbursement of transport allowances has been issued. It also requests the Government to provide more detailed information on the modalities for the reimbursement of travel expenses, including information on whether all travel costs are reimbursed and, where applicable, to indicate limits to the amount of costs reimbursed to labour inspectors. It also once again requests the Government to provide information on the number and conditions of the vehicles made available to labour inspectors for inspections, as well as their distribution throughout its regional structures.

Articles 20 and 21 of Convention No. 81 and Articles 26 and 27 of Convention No. 129. Annual reports on the work of the labour inspection services. In its previous comment, the Committee noted the annual report on the work of the labour inspection services for 2011, which did not contain information on labour inspection activities in agricultural workplaces. The Committee notes that since this report, no annual reports on the work of the labour inspection services have been received. However, it welcomes the Government’s commitment to ensure that future annual reports will contain data on labour inspection activities in agricultural enterprises. The Committee requests that the Government ensure that annual reports on the work of the labour inspection services are regularly communicated to the Office in accordance with Articles 20 and 26, and that they contain information on all the subjects enumerated in Article 21(a)–(g) of Convention No. 81 and 27(a)–(g) of Convention No. 129. The Committee requests that the Government communicate the information on labour inspection activities in agriculture either as a separate report or as part of the general report of the labour inspectorate, in conformity with Article 26 of Convention No. 129. The Committee also once again requests the Government to indicate the means of publication (website of the labour inspectorate, Official Gazette, etc.) of the annual labour inspection reports.

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The Committee refers to its comments on the Labour Inspection Convention, 1947 (No. 81), in so far as they are concerned with the application of the present Convention.

Referring to its observation, the Committee would like to raise the following additional points.

Article 9(3). Training of labour inspectors in agriculture. The Committee would be grateful if the Government would provide information on training provided to labour inspectors specifically in agriculture-related subjects, like the handling of chemicals and pesticides. Please specify the content, duration, frequency and number of participants of such training.

Articles 26 and 27 of the Convention. Scope of labour inspection services. Publication and communication to the ILO of an annual report on labour inspection activities in agriculture. The Committee notes the Government’s indication according to which the labour inspection report on the work of the labour inspection services in agriculture is published as an integral part of the general labour inspection report. However, the Committee notes that neither the labour inspection report for 2010, nor the labour inspection report for 2011 refers to any inspection activities in agricultural enterprises. With reference to its general observation of 2010, the Committee would like to emphasize that, in the absence of relevant data (such as the geographical distribution of agricultural enterprises and the workers employed therein, the number of inspection visits, the infringements detected and the violations to which they refer, etc.), no assessment of the extent to which the Convention is applied in practice is possible, neither by the national authorities with a view to improving coverage, nor by the ILO supervisory bodies with a view to providing support to governments for the implementation of the commitments deriving from the ratification of the Convention, as well as other ratified ILO standards addressing conditions of work and the protection of workers. The Committee therefore once again urges the Government to ensure that an annual report on labour inspection activities in agricultural enterprises, containing information on all the subjects listed in Article 27(a) to (g) is published and sent to the Office, either as a separate report or as part of the general report of the labour inspectorate, in conformity with Article 26.

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The Committee refers to its comments under the Labour Inspection Convention, 1947 (No. 81), in so far as they concern the application of the Convention.

Article 6(1)(a) and (b). Labour inspection activities directed at child labour in agricultural enterprises. The Committee previously noted, in its comments under the Minimum Age Convention, 1973 (No. 138), and the Worst Forms of United Nations Child Labour Convention, 1999 (No. 182), the concluding observations of the Committee on the Rights of the Child in 2001, according to which the main part of child labour is reportedly concentrated in the agricultural sector and that “many of these children work long hours in dusty environments, without masks or respirators, receiving little or no training on safety precautions for work with toxic pesticides and herbicides” (CRC/C/15/Add.145, 21 February 2001, paragraph 29). It further noted the information in the Survey of Young People in Egypt (Preliminary Report) of February 2010 (produced by the Egyptian Cabinet Information and Decision Support Centre and the Population Council), according to which 53 per cent of working children are estimated to work in the agricultural sector. In this regard, the Committee also noted the information by UNICEF that over 1 million children are hired each season to bring in the Egyptian cotton crop, and that these children routinely work 11 hours a day, seven days a week, in 40 degree summer heat.

The Committee also noted, under Conventions Nos 138 and 182, among others: (i) the information that although the Labour Code does not apply to children and women working in small family enterprises which produce for local consumption, inspections are still carried out in the agricultural sector to ensure that the working conditions conform to those prescribed under Orders Nos 188 of 2003 and 1454 of 2011, specifying that children under the age of 18 years may not be employed in certain agricultural occupations, such as cotton harvesting and the spraying of pesticides; (ii) the establishment of a separate unit within the Ministry of Manpower and Migration (MoMM) for child labour investigations in the agricultural sector; (iii) the organization of 50 national workshops in the field of agricultural labour inspections; (iv) the collaboration between the MoMM and the Ministry of Agriculture; (v) the detection of six violations, in the first quarter of 2010 by the labour inspectorate involving children in agriculture, in addition to 68 violations of Order No. 188; and (vi) the establishment of a monitoring and follow-up system for working children, within which inspections are conducted on large agricultural plantations.

While noting the information provided in the Government’s report under Convention No. 81 that, among the 70 violations recorded in the area of child labour in 2011, some were detected in the agricultural sector, and the general information on the sanctions in the Labour Code for violations in the area of child labour and on enforcement procedures for the violation of labour law provisions, the Committee observes that the annual report on the work of the labour inspectorate contains no information on the work of the labour inspection services in child labour in any sector, let alone in the agricultural sector, and that no other information in this regard has been provided by the Government in its report. The Committee asks the Government to provide the Office with information on the number of inspection visits conducted in the area of child labour in agriculture, the number of violations detected and the legal provisions to which they relate, as well as concrete information on the sanctions applied (the amount of fines imposed and other measures ordered, such as the suspension of operations, or other administrative or judicial measures taken), during the period covered by the next report. Please also continue to provide information on any educational activities carried out by the labour inspectorate in this regard.

Noting that the annual reports on the work of the labour inspection services for 2010 and 2011 do not contain any information on the work of the labour inspectorate in the area of child labour, the Committee also requests the Government to ensure that relevant information will be included in future annual inspection reports.

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

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Articles 6(1)(a), 26 and 27 of the Convention. Scope of labour inspection services. Publication and communication to the ILO of an annual report on labour inspection activities in agriculture. Following its previous comments, in which the Committee had noted that it would examine the annual labour inspection report for 2008 at its current session even though it did not seem to be a published document, the Committee notes that this annual report does not refer to any inspection activity in agricultural enteprises. No reference is made to the provision of any specific training to inspectors in order to improve their skills in specific types of control especially in relation to the products and substances used in agriculture. Moreover, refering to the Government’s indication that there is no judicial decision which relates to the questions covered by the Convention, the Commission concludes that the analysis appearing in the 2008 annual report on the convictions and releases pronounced does not relate to labour inspection activity in agricultural enterprises. The Committee is therefore not in a position to evaluate the level and quality of the functioning of the labour inspection system in agriculture with regard to the provisions of the Convention. Refering to its previous comments in which it had noted the Government’s statement on the possibility of revising the Labour Code in order to include within its scope agricultural activities and safety and health standards for each type of activity, the Committee notes that the Government insists in its report that agriculture is not excluded from the general scope of the text. The Committee notes, however, that the Government does not provide relevant information on the application of this text in practice. Consequently, the Committee urges the Government to take measures aimed at giving full effect to Articles 26 and 27 of the Convention and ensuring that an annual report on labour inspection activities in agricultural enterprises is published in the very near future either as a separate report or as part of the general report of the central labour inspection authority.

Labour inspection activities directed at child labour in agricultural enterprises. The Committee notes the Ministerial Orders Nos 118 of 2003 and 1454 of 2001 relative to the prohibition of child labour in certain agricultural activities. It also takes note of the statistical tables relative to inspection controls directed at child labour in 2009. It notes that these tables relate to the distribution by administrative direction of various types of visits (routine, verification campaigns) and to their results (certificate of conformity, formal notice, statement of offence), the number of workers covered (by gender) and – only as far as campaigns are concerned – the legal areas targeted by the controls: working time, rest periods, weekly rest. The Committee notes however that no information is given on the control of the application of the abovementioned Ministerial Orders. Noting that the above statistics do not make a distinction between the various sectors covered by inspections, the Committee would be grateful if the Government would take measures to ensure that in future all documents relating to labour inspection specify this information so that they can be used as a basis for reinforcing the inspection services in relation to specific inspection needs. The Government is requested to provide to the ILO information on such measures or, where applicable, on any difficulty which prevents their implementation.

Referring to the Government’s indication that there is no judicial decision relative to the questions covered by the Convention but also noting that a certain number of statements of offence have been issued by labour inspectors in 2009, the Committee requests the Government to provide information on the judicial or administrative treatment of these statements against offending employers during the period covered by its next report, and to specify the cases where violations were found in agricultural enterprises.

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The Committee notes the partial replies from the Government to its previous comments. It requests the Government to provide additional information and also all relevant documents on the following issues.

Article 6, paragraph 1(a), of the Convention. Field of competence of the labour inspectorate. The Committee notes the Government’s statement that the Labour Code is being revised with a view to extending it to agricultural occupations and including occupational safety and health standards. The Committee would be grateful if the Government would keep the ILO informed of all progress made in this respect and send copies of any legislative texts adopted.

Work of women and children in agriculture. The Committee requests the Government to supply a copy of the Ministerial Order (undated) concerning the employment of children and women, Order No. 118 of 2003 and Ministerial Order No. 1454, particularly with reference to the provisions of the latter concerning the prohibition of the employment of children in certain types of work such as cotton pressing, the preparation and spreading of pesticides, agriculture and the treatment of plants.

Articles 6, paragraph 1(b), 12 and 13. Cooperation in relation to surveillance of child labour in agriculture and cooperation between the inspection services and the social partners of agricultural undertakings. As in its 2008 report relating to the Worst Forms of Child Labour Convention, 1999 (No. 182), the Government refers to multi-sectoral cooperation in the area of child labour, particularly in agriculture, in order to prevent minors from being employed in cotton harvesting, and refers to the establishment of monitoring systems including inspections in commercial plantations with heavy agricultural production. Information meetings are also organized for employers and workers in agricultural undertakings by inspectors responsible for monitoring child labour, in cooperation with the persons holding responsibility in cooperatives – including agricultural cooperatives – and agricultural advisers. Further to its direct request of 2008 regarding the application of Convention No. 182, in which it noted that, according to the International Confederation of Free Trade Unions (ICFTU), now the International Trade Union Confederation (ITUC), in 2005 some 78 per cent of working children were occupied in the agricultural sector, the Committee requests the Government to supply details of the practical functioning of the monitoring systems designed to protect children from hazardous agricultural work and the results recorded, and to send any relevant statistics which are available.

Specific cooperation between the labour inspectorate and the judiciary. Noting the information supplied by the Government regarding the content of Ministerial Order No. 129 of 2007 on this matter, the Committee requests the Government to send a copy of this text and also of the court decisions which apply these provisions.

Articles 10, 15, paragraph 1(b), and 21. Transport facilities available to labour inspectors in the performance of their duties in agriculture and activities in undertakings liable to inspection. The Government states that it is doing its utmost to provide inspectors with transport facilities and that it recognizes that this is absolutely essential for the performance of their tasks. The Committee again requests the Government to supply detailed information on the progress made in this area and indicate the extent of coverage achieved by the labour inspectorate in agriculture, the geographical distribution of the available means of transport and also the ratio of men and women inspectors with respect to the number of agricultural undertakings liable to inspection.

Articles 26 and 27. Publication and transmission of an annual report on the work of the inspection services in agriculture. The Committee notes the Government’s undertaking to take account of its previous comments regarding the possibilities offered by the Convention with respect to the form of the annual report on the work of the inspection services in agriculture. Noting the communication of a report on the activities of the labour inspectorate in 2008, received by the ILO on 14 October 2009, the Committee will examine its content together with the next report of the Government. However, it already notes that this document does not seem to be published as provided for by Article 26 of the Convention. Consequently, it requests the Government to ensure that the next annual reports on labour inspection are published.

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The Committee notes the Government’s report on the application of Convention No. 129 for the period ending June 2006.

1. Article 5 of the Convention. Competence of labour inspection services in agriculture. The Committee notes the Government’s reply to its previous request according to which, undertakings in which the employer and his family work are excluded from the application of the Convention. However, it would appear that this category of enterprises is preponderant in the agricultural sector. The Committee further notes that women and children working in simple agricultural activities are also excluded from the application of Chapters 2 and 3 of Title VI of the Labour Code on the organization of work, under the terms of sections 97 and 103 of the Labour Code. The Committee requests the Government to specify the fields of labour legislation covered by labour inspection in relation to women and children working in agriculture and to provide any relevant text. It would be grateful if it would also indicate the number and geographical distribution of agricultural undertakings, including agro-industrial plantations, covered by the labour inspectorate, and the number of workers occupied therein.

The Government is finally requested to indicate whether it is envisaged to extend the functions of the labour inspection system so as to ensure that self‑employed workers and family members working with them are covered by information activities and technical advice, particularly in relation to occupational safety and health, as well as social insurance.

2. Role of the labour inspectorate in combating child labour. The Committee notes with interest the establishment in all directorates of inspection units responsible for monitoring child labour and the implementation in the context of the IPEC programme of a project entitled “Institutional development and formulation of policies to reduce child labour”. The Committee notes that the objectives of this project include strengthening the capacity of labour inspectors to carry out effective inspections in this field, particularly in the agricultural sector in which child labour is principally concentrated. The Committee would be grateful if the Government would provide full information on developments in the role of the inspectorate in relation to child labour in agriculture and if it would provide information, copies of any laws, regulations, instructions or circulars providing a legal basis for the inspection activities of the units specializing in monitoring child labour in agriculture, as well as any relevant inspection form.

3. Article 15, paragraph 1(b). Transport facilities of inspectors in the agricultural sector. The Committee notes the Government’s indication that the provision of a single equipped vehicle per governorate for labour inspectors is not adequate in view of the significant distances that they have to cover to inspect agricultural undertakings, and that the allowance for their travel expenses is derisory. The Committee cannot overemphasize the need to take measures to provide inspectors with the transport facilities that are indispensable for the discharge of their functions, particularly in the agricultural sector, which is characterized by the distance and dispersion of agricultural undertakings. It requests the Government to take such measures and to provide information on any progress achieved in this respect, and on any difficulty encountered in the application of the Convention in this regard.

4. Article 27. Annual inspection report. The Committee notes that the statistical tables on the results of labour inspection activities contain data specifically covering the agricultural sector. The Committee requests the Government to take measures to ensure that such data are fully compiled in future in accordance with Article 27 and published in the form of a separate report or as part of a more general report, so that they can be brought to the knowledge of the social partners and other bodies and institutions concerned with improving the inspection system in agriculture.

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The Committee notes with interest the Government’s first report and Act No. 12 of 7 April 2003 and its implementing decrees. The Committee would be grateful if the Government would provide additional information on the following points.

1. Competence of labour inspection services in agriculture. Please indicate the provisions of national laws or regulations which determine the agricultural undertakings subject to the system of labour inspection in agriculture and the various categories of workers for whose protection this labour inspectorate is responsible (Article 4 of the Convention).

2. Training of labour inspectors in agriculture. Please indicate whether labour inspectors in agriculture receive specific training for the performance of their duties (Article 9, paragraph 3).

3. Gender balance in the labour inspectorate. Please indicate the proportion of women appointed to labour inspection in agriculture and state whether special tasks are assigned to them, as envisaged in Article 10.

4. Equipment furnished to labour inspectors in agriculture. Please provide detailed information on the equipment furnished to labour inspectors in agriculture enabling them, in particular, to take or remove for purposes of analysis samples of products, materials and substances used or handled in agricultural undertakings (Article 16, paragraph 1(c)(iii)).

5. Transport facilities. Please indicate whether labour inspectors have access to specific transport facilities for the performance of their duties in agriculture (Article 15, paragraph 1(b)).

6. Participation in inquiries into occupational accidents or occupational diseases. Please indicate the provisions of national laws or regulations requiring inspectors to be associated with any inquiry on the spot into the causes of occupational accidents or occupational diseases that have fatal consequences or affect a number of workers (Article 19, paragraph 2).

7. Annual report on the activities of the labour inspection services in agriculture. The Committee hopes that the Government will soon be in a position to send, in accordance with its undertakings, an annual report on the activities of the labour inspection services in agriculture containing information on each of the subjects listed in Article 27, and that will be published and sent to the ILO within the time limits set in Article 26.