Labour Inspection (Agriculture) Convention, 1969 (No. 129) - Burkina Faso (RATIFICATION: 1974)

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

The Committee notes the Government’s response to the observations of the National Confederation of Workers of Burkina (CNTB) on the application of these Conventions, made in 2015.

Articles 3(1) and (2) of Convention No. 81 and Articles 6(1) and (3) of Convention No. 129. Functions entrusted to labour inspectors. The Committee notes the Government’s indication, in response to the Committee’s previous comment, that Order No. 2017-032/MFPTPS/SG of 17 May 2017, on the organization, functions and operation of the regional labour and social security departments (DRTPS) provides that the departments include, among other services, the labour inspection services, responsible for monitoring activities, as well as the service for industrial relations and the promotion of social dialogue, which provides advice to the social partners and conciliation in industrial disputes. The Committee observes that this is the same structure as that provided by Order No. 2014-040/MFPTSS/SG of 13 August 2014. The Government also indicates that the DRTPS, commonly referred to as the Labour Inspectorate, are overseen and controlled by the Secretariat General of the Ministry of Labour, in the same way as the central services. The Government again indicates that the conciliation function does not interfere with the discharge of inspectors’ primary duties, and that the real difficulty stems from a lack of material resources. The Committee also notes the Government’s indication that 1,590 establishments were inspected in 2020 (including five agricultural establishments), while a total of 4,178 individual and collective labour disputes were dealt with. Moreover, the Committee notes, from the 2020 annual general report of the activities of the labour inspection services, that these figures represent an increase of 70.83 per cent in individual and collective disputes dealt with by the labour inspectorate as compared with 2019 and, according to the same report, that this increase could be explained by the effects of the COVID-19 health crisis. The Committee notes that conciliation is by far the dominant part of the labour inspectors’ activities. The Committee notes that the 2020 general report also contains information concerning the DRTPS staff and its geographical distribution, but that it does not specify the number of officers assigned to each DRTPS service. With reference to its previous comments concerning the human resources allocated to the labour inspection service, the Committee requests the Government to take the necessary measures so that, in conformity with Article 3(2) of Convention No. 81 and Article 6(3) of Convention No. 129, any further duties which may be entrusted to labour inspectors do not interfere with the exercise of their primary duties, and to provide information on all progress achieved in this respect. The Committee also requests the Government to continue to provide information on the number of individual and collective disputes handled by the labour inspectors, specifying which DRTPS service took part in this task. The Committee also requests the Government to provide information on the number of labour inspection officers assigned to each DRTPS service, including the labour inspection service and the service for industrial relations and the promotion of social dialogue. Noting the adoption of Decree No. 0310 of 24 April 2018, establishing a conciliation allowance for labour inspectors and controllers, the Committee requests the Government to provide information on the application in practice of this Decree, and to communicate a copy thereof in its next report.

Articles 3(1)(b) and 5 of Convention No. 81 and Articles 6(1)(b) and 13 of Convention No. 129. Preventive action. The Committee notes that, in response to its previous comment, the Government reports on awareness-raising and information activities in the agricultural sector. Noting this information, the Committee requests the Government to continue to provide information on the preventive action undertaken by the labour inspectors in agriculture and in other sectors where the number of occupational accidents is high, such as the manufacturing industry, the community service sector, social services and personal services.

Articles 5(a), 17 and 18 of Convention No. 81 and Articles 12(1), 14 and 15 of Convention No. 129. Means of enforcement in the event of violations of the legislation covered by the Convention. Cooperation with the judicial system. The Committee notes the Government’s indication, in response to the Committee’s previous comment, that several meetings were organized between the Minister for Justice and the Minister for Labour with a view to establishing a permanent framework for dialogue between the labour administration and the judicial authorities. The Government notes that these meetings have led to the elaboration of a draft inter-ministerial order putting the said framework in place and the process of its formal establishment has reached the final phase. Regarding violations, the Government notes that no violation report has been filed with the courts. The Committee also notes, from the annual reports on the activities of the labour inspection services, that the number of fines imposed remains small in comparison to the number of violations identified: 134 fines for 109,867 violations noted in 2019, and 152 fines for 93,001 violations in 2020. Furthermore, the Committee notes that over the course of these two years, not a single fine was issued in the agricultural sector. The Committee requests the Government to provide information on progress towards adoption of the inter-ministerial order establishing a permanent framework for dialogue between the labour administration and the judicial authorities. The Committee also requests the Government to intensify its efforts to strengthen cooperation between the inspection services and the judicial system and to communicate information on the number of violations referred to the judicial system and any court rulings.

Article 6 of Convention No. 81 and Article 8 of Convention No. 129. Conditions of service. The Committee notes the Government’s indication in response to the Committee’s previous comment, that the current constitutional provisions make it impossible to accord autonomous status to labour inspectors and controllers. The Government indicates, as a result of this, that the provisions relative to the autonomous status of labour inspectorsthat were included in the draft labour code have been removed, to allow this matter to be dealt with more suitably in the framework of the next constitutional revision. The Committee requests the Government to provide details of the constitutional provisions preventing the adoption of conditions of service in respect of labour inspectors and controllers. The Committee also requests the Government to indicate the measures taken to ensure that labour inspectors and controllers enjoy conditions of service which guarantee them stability of employment and ensure that they are independent of changes of government and of improper external influences.

Article 7 of Convention No. 81 and Article 9 of Convention No. 129. Initial and subsequent training of labour inspectors. The Committee notes the Government’s indication in response to its previous comment, that in 2015 around 30 labour inspectors benefited from a training course on the management of chemical hazards in agriculture during the African Day for the Prevention of Occupational Risks. The Committee also notes the Government’s indication that consideration is still being given to ensuring that specific modules on safety and health in agriculture are included as part of the labour inspectors’ training. Moreover, the Committee notes that, according to the Government, in 2020 a total of 158 controllers and labour inspectors from the DRTPS were trained, against 55 form the central services. The issues covered included, among other subjects, social dialogue and collective bargaining, the protection of workers, occupational safety and health, social protection, labour statistics, programme budget, petty cash account management, the practice and ethics of labour inspection, international labour standards, and governance of migration. The Committee requests the Government to continue its efforts to ensure that issues specific to the agricultural sector should be included in the context of the training provided to labour inspectors and controllers. It requests the Government to communicate information on all progress achieved in this respect.

Articles 10 and 11 of Convention No. 81 and Articles 14 and 15 of Convention No. 129. Material and human resources. The Committee notes the Government’s indication, in response to its previous comment, that at 31 December 2020, DRTPS staff stood at 176 technical officers (88 labour inspectors and 88 labour controllers). The Government also indicates that the staff of the central services numbered 73 technical officers (62 labour inspectors, ten labour controllers and a workplace physician). The Committee notes that the 2020 total number of DRTPS labour controllers and inspectors (248) is lower than the 2019 total of 263 inspectors and controllers. The Committee also notes the Government’s indication that each central service is equipped with at least one vehicle and a motorcycle and each DRTPS is equipped with at least one vehicle. Moreover, the Committee notes from the 2020 annual report of the activities of the labour inspection services, that the budget allocated to the inspection services has been reduced by 30.6 per cent in comparison to 2019, a drop explained by the health and security crisis. The Committee notes that at 31 December 2020: (i) every DRTPS was equipped with office computers and printers; (ii) nine DRTPS out of 13 had at least one telephone line; (iii) the three central services had neither telephone nor fax; and (iv) and there was a reduction in the amount of computer equipment available in the DRTPS and in the central services. The Committee requests the Government to continue to provide information on the measures taken or envisaged to ensure that the labour inspection services have sufficient human and material resources necessary for their operation, including measures taken to increase the number of labour inspectors and the budgetary resources placed at the disposal of the labour inspection.

Article 13 of Convention No. 81 and Article 18 of Convention No. 129. Powers of the labour inspectorate. The Committee notes the Government’s reference to section 395.2 of the Labour Code, under which labour inspectors may make or have made orders requiring measures with immediate executory force, which can go as far as halting the work, in the event of imminent danger to the health and safety of workers. The Government also indicates that when working conditions are such as to constitute a threat to the health and safety of workers, the employer is put on official notice to remedy the situation. The official notice served by the labour inspector has immediate executory force. Noting the absence of information in this respect, the Committee again requests the Government to provide statistics on the number of measures ordered by the labour inspectors to remedy defects observed, in cases where they have reasonable cause to believe that there exists a threat to the safety and health of workers.

Article 14 of Convention No. 81 and Article 19 of Convention No. 129. Notification of industrial accidents and cases of occupational disease. The Committee notes from the annual reports on the activities of the labour inspection services, from 2019 and 2020 respectively, that only one case of an occupational disease was notified to the National Social Security Fund (CNSS) and was investigated by the labour inspectorate. The Committee requests the Government to continue its efforts to ensure that the labour inspection services are informed of cases of occupational disease, in conformity with Articles 14 of Convention No. 81 and 19 of Convention No. 129, and to provide information on the measures taken or envisaged in this respect. It also requests the Government to continue to provide information on the number of notifications of occupational accidents and of occupational disease received by the Labour inspectors.

Articles 20 and 21 of Convention No. 81 and Articles 26 and 27 of Convention No. 129. Publication of annual reports on the work of the labour inspection services. The Committee notes that in 2020, 2021 and 2022 the Government communicated copies of the annual reports on the activities of the labour inspection services to the Office and that the reports werealso available on the Government’s website. The Committee notes that these reports contain information on the number of labour inspectors and controllers, the number of inspections, and statistics on the number of violations observed, of occupational accidents and diseases that have been notified to the CNSS and have been investigated by the labour inspectors. The Committee notes that these reports contain disaggregated information in respect of inspection in agriculture. The Committee encourages the Government to pursue its efforts to ensure that the report on the work of the labour inspection contains all the information set out in Article 21 of Convention No. 81 and in Article 27 of Convention No. 129, including statistics on workplaces liable for inspection and the number of workers employed therein (Article 21(c) of Convention No. 81 and Article 27(c) of Convention No. 129), and statistics on penalties imposed (Article 21(e) of Convention No. 81 and 27(e) of Convention No. 129). Noting the absence of information in this respect, the Committee also requests the Government to provide information on the progress achieved in establishing a register of enterprises liable to labour inspection, including the relevant enterprises from the agricultural sector.

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

The Committee notes the observations made by the National Confederation of Workers of Burkina (CNTB) on the application of these Conventions, received in 2015.

Legislation. Technical assistance. The Committee notes that in October 2017 the Government received ILO technical assistance on the preliminary draft of the Bill to issue the Labour Code. It hopes that, in the context of the finalization of the Bill, the Government will take fully into account the technical comments made by the Office and the points raised by the Committee below.

Article 3(1) and (2) of Convention No. 81 and Article 6(1) and (3) of Convention No. 129. Functions entrusted to labour inspectors. In its previous comments, the Committee requested the Government to consider the adoption of legislative and practical measures, such as the transfer of conciliation functions to a conciliation body established for that purpose, to relieve labour inspectors of conciliation duties so that they can devote themselves to their primary duties. In this regard, the Committee notes the information provided by the Government in its report that, in accordance with Order No. 2014-040/MFPTSS/SG of 13 August 2014, the regional labour and social security departments (DRTSS) consist of five different services, including the labour inspection service, responsible among other functions for supervision, and the service for industrial relations and the promotion of social dialogue, responsible among other areas for the settlement of individual and collective labour disputes. The Government adds that inspectors and controllers (assistant inspectors) are assigned to these different services for a specific period, during which they focus exclusively on that service. The Government considers that the conciliation function is not an obstacle to the discharge of the primary duties of inspectors and that the real difficulty lies in the lack of material resources. However, the Committee notes that, according to the CNTB, there is no effective supervision of enterprises, as labour inspectors are confined to their duties relating to the conciliation of labour disputes. The Committee also notes, according to the annual general report on the labour inspection services (hereinafter the annual report), that in 2015 the number of workplaces inspected was 1,284, and that the total number of labour disputes dealt with was 3,859. While noting the administrative separation between the services responsible for supervision and those engaged in conciliation, the Committee notes that in practice the proportion of the activities of labour inspectors devoted to conciliation is still predominant. In a context of limited resources of the labour inspection services, the Committee requests the Government to continue its efforts to reverse this situation so that the duties of labour inspectors set out in Article 3(1) of Convention No. 81 and Article 6(1) of Convention No. 129 take precedence over their conciliation activities.

Articles 3(1)(b), and 5 of Convention No. 81 and Articles 6(1)(b), and 13 of Convention No. 129. Preventive action. In its previous comments, the Committee requested the Government to provide further information on the prevention activities undertaken by the labour inspection services. The Committee notes the Government’s indication in this regard that the labour inspection services provided support to eight enterprises for the establishment of occupational safety and health committees in 2012, four in 2013 and 2014, and a regional occupational safety and health coordination body in 2014. The labour inspection services have also carried out awareness-raising, information and training activities. However, the Committee notes that the Government has not replied to its request for information on preventive action in agriculture, including in areas identified as having a high incidence of employment accidents. With reference to its comments on the Safety and Health in Agriculture Convention, 2001 (No. 184), in which it noted the lack of information on the activities carried out in practice, the Committee once again requests the Government to provide information on the preventive action undertaken by labour inspectors in the agricultural sector.

Articles 5(a), 17 and 18 of Convention No. 81 and Articles 12(1), 14 and 15 of Convention No. 129. Means of enforcement in the event of violations of the legislation covered by the Convention. Cooperation with the judicial system. In its previous comments, the Committee noted that, of the total of 6,844 infringements indicated in the annual report for 2007, none had given rise to fines. It notes that, of the 34,200 infringements reported in the annual report for 2015, 47 infraction reports imposing fines were issued. With regard in particular to agriculture, it notes that the number of infringements was 57, but that no infraction reports imposing fines were issued. It also notes the Government’s indication that it is planning to establish a framework for permanent dialogue between the inspection services and the justice system with a view to improving coordination and cooperation between the labour inspectorate and the judicial authorities. The Committee requests the Government to provide information on the progress achieved in the context of this initiative and to ensure in this respect that problems specific to the agricultural sector are taken into account. The Committee also requests the Government to provide information on the number of cases of violations of labour law referred to the judicial system and any court rulings.

Article 6 of Convention No. 81 and Article 8 of Convention No. 129. Conditions of service. The Committee notes the information provided by the Government in reply to its request on the distribution of functions between labour inspectors and labour controllers (assistant inspectors) and on their conditions of service. It notes in this respect that labour controllers assist labour inspectors, in accordance with section 400 of the Labour Code, and that they are empowered to deal with infringements through infraction reports in accordance with section 395 of the Labour Code. It also notes that labour inspectors and controllers have the same conditions of service as all public service officials, in accordance with Act No. 13/98/AN of 28 April 1998 establishing the legal regime applicable to employment and officials in the public service. The Government adds that specific conditions of service are being developed for labour inspectors and controllers. In this regard, the Committee notes that section 403 of the draft Bill to issue the Labour Code provides that labour inspectors and controllers shall be governed by conditions of service which guarantee them stability of employment and ensure that they are independent of changes of government and of improper external influences. The Committee requests the Government to provide a copy of the conditions of service of labour inspectors and controllers once they have been adopted.

Article 7 of Convention No. 81 and Article 9 of Convention No. 129. Initial and subsequent training of labour inspectors. With reference to its previous comments, the Committee notes the detailed information contained in the annual reports for 2013, 2014 and 2015 on the initial and subsequent training provided to labour inspectors and controllers. The Government adds that a further training plan was developed and validated in 2014 with a view to strengthening the general capacities of inspectors and the specialization of certain inspectors and controllers in priority fields, such as occupational safety and health, child labour, International Labour Standards and social dialogue. It also indicates that fields relating to agriculture are covered in training modules at the National School of Administration and Law (ENAM), which cover occupational safety and health and occupational medicine, but that there is no further training for labour inspectors and controllers in fields specifically related to agriculture. The Committee requests the Government to take measures to include issues specific to the agricultural sector in the context of the further training provided to labour inspectors and controllers and requests it to provide information on any progress achieved in this regard.

Articles 10 and 11 of Convention No. 81 and Articles 14 and 15 of Convention No. 129. Material and human resources. The Committee notes that, according to the annual report for 2015, the total number of labour inspectors and controllers was 139 and 118, respectively, in that year. It notes that the report also provides information on the number of vehicles, motorcycles, telephone lines and computers in the four central departments and the 13 DRTSS. With regard to computers, the Government indicates that on average three officials use a single operational computer in the DRTSS, and on average two officials in the central departments. It refers to the application of Joint Order No. 2015-048/MFPTSS/MEF of 19 May 2015 determining the benefits in kind of labour inspectors, which should enable each labour inspector and controller to have a laptop computer. The Committee also notes the conclusions of the annual report for 2015, which emphasize that, notwithstanding the satisfactory results of labour inspection, difficulties remain and are essentially due to the inadequacy of financial and material resources. The CNTB observes that workplaces are not inspected as a result of the lack of logistical (means of transport) and human resources. The Committee requests the Government to provide information on the measures adopted or envisaged to ensure that the labour inspection services have at their disposal the material resources necessary for their operation, including a sufficient number of telephone lines, computers and Internet access, and adequate means of transport. It also requests the Government to provide details on the improvements resulting from the application of Joint Order No. 2015-048/MFPTSS/MEF of 19 May 2015.

Article 13 of Convention No. 81 and Article 18 of Convention No. 129. The Committee notes that sections 273, 274 and 407 of the draft Bill address the powers of labour inspectors in the event of conditions of work that are hazardous for the health and safety of workers. In accordance with Article 13 of Convention No. 81 and Article 18 of Convention No. 129, the provisions of the Bill should specify that it is sufficient for labour inspectors to have reasonable cause to believe that there exists a threat to the health and safety of workers to take the measures envisaged in these Articles of Conventions Nos 81 and 129. The Committee requests the Government to ensure that labour inspectors are empowered, in law and practice, to take the measures envisaged in the above Articles of the Conventions when they have reasonable cause to believe that there exists a threat to the health and safety of workers. It requests the Government to provide statistical information on the number of compliance orders issued by labour inspectors to eliminate defects identified in cases when they have reasonable cause to believe that there was a threat to the health and safety of the workers.

Article 14 of Convention No. 81 and Article 19 of Convention No. 129. Notification of industrial accidents and cases of occupational disease. In its previous comments, the Committee noted the very low number of cases of occupational disease reported and of occupational physicians employed by the labour inspection services. The Committee notes that, according to the annual reports for 2013, 2014 and 2015, between six and seven cases of occupational disease were notified each year, with no cases in the agricultural sector. Recalling the importance of the notification of industrial accidents and cases of occupational disease, the Committee firmly encourages the Government to take measures to ensure that the labour inspection services are duly informed not only of employment accidents, but also of occupational diseases. In particular, it encourages the Government to make efforts in this respect in the agricultural sector. It requests the Government to provide information on any progress achieved in this regard.

Articles 20 and 21 of Convention No. 81 and Articles 26 and 27 of Convention No. 129. Publication of annual reports on the work of the labour inspection services. In its previous comments, the Committee requested the Government to provide information on the progress achieved in the establishment of a register of enterprises, including agricultural undertakings, where necessary with ILO technical assistance. In this regard, the Committee notes the Government’s indication that it plans to request technical assistance. The Government adds, with regard to the agricultural sector, that it is still dominated by family undertakings which essentially employ family members, covering small areas, from which the production is destined for family consumption, which makes it difficult to establish a reliable register. The Committee also notes the indication by the CNTB that it has no official documentation indicating the scope or extent of work in this sector. The CNTB adds that the sector is developing as a result of the facilities offered to agribusiness. The Committee encourages the Government to continue its efforts to establish registers of enterprises liable to labour inspection. It also encourages the Government to continue developing the information contained in the annual reports, in accordance with Article 21(a)–(g) of Convention No. 81 and Article 27(a)–(g) of Convention No. 129.

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Articles 26 and 27 of the Convention. Availability of information to evaluate the application of the Convention in practice, statistics of agricultural undertakings liable to inspection and the number of workers employed therein. The Committee notes that the annual labour inspection report for 2007, received by the Committee in 2009, contains at least some information on labour inspection activities in agriculture, or rather joint information relating to the sectors of agriculture, hunting, forestry and fisheries. The Committee notes that this information is limited to the number of agricultural enterprises inspected, which was 24, with 778 workers, and the number of industrial accidents registered in the sector, which was 19. While the Committee notes the efforts made to provide separate information on agriculture, this information alone does not allow an assessment to be made of the application of the Convention, particularly as there is still no information available on the number of agricultural undertakings liable to inspection and the number of workers employed therein. In this regard, the Committee notes the information provided under the Labour Inspection Convention, 1947 (No. 81), that the Government envisages a census of enterprises liable to inspection, and has requested ILO technical assistance for this purpose, which the Committee hopes will result in a better understanding of the situation in agriculture and enable the determination of needs in this sector. The Committee asks the Government to provide information on the progress made in the establishment of a register of enterprises. It hopes that the identification of the agricultural undertakings liable to inspection (number of undertakings, activities, size and location) and the workers engaged therein (number and categories) will enable the Government to carry out an objective assessment of the situation with a view to adequate priority setting and the allocation of appropriate financial resources.

It further requests the Government to make every effort to publish an annual report on the work of the inspection system in agriculture, either as a separate report or as part of the general annual report on labour inspection, and to provide information on the measures taken in this regard.

Article 6. Enforcement and preventive activities in the field of occupational safety and health in agriculture. The Committee notes the reference to the ratification in 2008 of the Safety and Health in Agriculture Convention, 2001 (No. 184), which, according to the Government, is an expression of its commitment to invest in the agricultural sector and to implement the present Convention more effectively. Noting the commitment expressed by the Government, the Committee asks it to provide information on any specific preventive measures carried out by the labour inspectorate in agriculture, particularly in areas that have been identified as having a high incidence of industrial accidents.

The Committee also asks the Government to provide information on the outcome of inspections carried out in the agricultural sector and any other data on the application in practice of the legislation on labour inspection in agriculture and its impact in terms of improving the conditions of work of agricultural workers and, where appropriate, their living conditions and those of their families in agricultural undertakings.

Article 9 of the Convention. Specific skills and training of inspectors for the performance of their duties in agricultural undertakings. The Committee notes, from the information provided under the Labour Inspection Convention, 1947 (No. 81), that the initial training provided to new recruits to the grades of labour inspectors and controllers during two-year courses at the National School of Administration and Law (ENAM) covers, among other subjects, occupational medicine and occupational safety and health. The Committee asks the Government to indicate whether the training courses at the ENAM also include areas particularly relevant to agriculture, such as the handling of chemicals and pesticides, personal protective equipment, the requirements of the Safety and Health in Agriculture Convention, 2001 (No. 184), etc., and whether labour inspectors are also provided with training sessions in the course of their employment in areas particularly relevant to agriculture.

Labour inspection and child labour in agriculture. The Committee once again asks the Government to describe the measures taken by the labour inspectorate, and the progress achieved, with a view to securing the enforcement of legal provisions relating to the employment of children and young persons in the agricultural sector.

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

Repetition

Further to its previous comments, in which it drew the Government’s attention to the need to adapt the activities of the inspection services to the specific features of the agricultural sector, even if these services cover other economic sectors, the Committee notes that nothing appears to have been done in this respect. Moreover, the Government has not been able to provide information, as requested, on the geographical distribution of agricultural undertakings and the workers employed therein. In the absence of such data, no assessment of the extent to which the Convention is applied is possible, either by the national authorities with a view to improving its coverage, or by the ILO supervisory bodies with a view to fulfilling their function in this respect. As the Committee emphasized in its previous observation, an appreciation of the effectiveness of the labour inspection system in agriculture is necessarily based on knowledge of the needs in this area and on the periodical updating of the relevant information. The obligation for inspection units to provide periodical reports on their activities in agricultural undertakings (Article 25 of the Convention) is designed specifically to enable the central inspection authority to follow, supervise and adjust their activities, as well as to allow information on the items listed in Article 27, which are specific to the agricultural sector, to be included in the annual general report on inspection activities required by Article 26. For more than ten years, no report of this nature has been transmitted to the ILO and no data on the number of agricultural undertakings liable to inspection has ever been provided.

With reference to the Government’s indication of the predominance of child labour in agriculture and stock-raising, and that projects to combat this phenomenon mean that labour inspectors are taking on an important role in this field, the Committee suggests that it should take advantage of the implementation of these projects to set in motion measures to revitalize the activities of the labour inspection services in agricultural undertakings. It notes that no information has been provided by the Government in this respect.

The Committee therefore once again requests the Government to ensure that the labour inspection services have access to data on the number and geographical distribution of agricultural undertakings and the workers employed therein, and to specify the geographical distribution of labour inspectors who in practice discharge their duties in agricultural undertakings.

Once again reminding the Government that, when the economic situation of a member State does not allow it to fulfil adequately the requirements of a ratified Convention, it may have recourse to international financial cooperation and the technical assistance of the Office, the Committee requests the Government to provide detailed information on the manner in which effect is given in law and practice to each of the provisions of the Convention and to keep the ILO informed of the difficulties encountered and the measures adopted to resolve them.

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 has not been received. It must therefore repeat its previous observation, which read as follows:

The Committee notes that the Government’s report does not contain a reply to its previous comments. It notes that the report is confined to indicating that the agricultural sector is largely made up of family undertakings which are not covered by the labour legislation applicable to the sector and that it refers to the report on the application of Convention No. 81. Reminding the Government of the commitments deriving from the ratification of the present Convention and observing once again the absence of specific information on the operation in practice of the labour inspectorate in agriculture, the Committee is therefore bound to reiterate its previous observation on the following matters:

Further to its previous comments, in which it drew the Government’s attention to the need to adapt the activities of the inspection services to the specific features of the agricultural sector, even if these services cover other economic sectors, the Committee notes that nothing appears to have been done in this respect. Moreover, the Government has not been able to provide information, as requested, on the geographical distribution of agricultural undertakings and the workers employed therein. In the absence of such data, no assessment of the extent to which the Convention is applied is possible, either by the national authorities with a view to improving its coverage, or by the ILO supervisory bodies with a view to fulfilling their function in this respect. As the Committee emphasized in its previous observation, an appreciation of the effectiveness of the labour inspection system in agriculture is necessarily based on knowledge of the needs in this area and on the periodical updating of the relevant information. The obligation for inspection units to provide periodical reports on their activities in agricultural undertakings (Article 25 of the Convention) is designed specifically to enable the central inspection authority to follow, supervise and adjust their activities, as well as to allow information on the items listed in Article 27, which are specific to the agricultural sector, to be included in the annual general report on inspection activities required by Article 26. For more than ten years, no report of this nature has been transmitted to the ILO and no data on the number of agricultural undertakings liable to inspection has ever been provided.

With reference to the Government’s indication of the predominance of child labour in agriculture and stock-raising, and that projects to combat this phenomenon mean that labour inspectors are taking on an important role in this field, the Committee suggests that it should take advantage of the implementation of these projects to set in motion measures to revitalize the activities of the labour inspection services in agricultural undertakings. It notes that no information has been provided by the Government in this respect.

The Committee therefore once again requests the Government to ensure that the labour inspection services have access to data on the number and geographical distribution of agricultural undertakings and the workers employed therein, and to specify the geographical distribution of labour inspectors who in practice discharge their duties in agricultural undertakings.

Once again reminding the Government that, when the economic situation of a member State does not allow it to fulfil adequately the requirements of a ratified Convention, it may have recourse to international financial cooperation and the technical assistance of the Office, the Committee requests the Government to provide detailed information on the manner in which effect is given in law and practice to each of the provisions of the Convention and to keep the ILO informed of the difficulties encountered and the measures adopted to resolve them.

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 does not contain a reply to its previous comments. It notes that the report is confined to indicating that the agricultural sector is largely made up of family undertakings which are not covered by the labour legislation applicable to the sector and that it refers to the report on the application of Convention No. 81. Reminding the Government of the commitments deriving from the ratification of the present Convention and observing once again the absence of specific information on the operation in practice of the labour inspectorate in agriculture, the Committee is therefore bound to reiterate its previous observation on the following matters:

Further to its previous comments, in which it drew the Government’s attention to the need to adapt the activities of the inspection services to the specific features of the agricultural sector, even if these services cover other economic sectors, the Committee notes that nothing appears to have been done in this respect. Moreover, the Government has not been able to provide information, as requested, on the geographical distribution of agricultural undertakings and the workers employed therein. In the absence of such data, no assessment of the extent to which the Convention is applied is possible, either by the national authorities with a view to improving its coverage, or by the ILO supervisory bodies with a view to fulfilling their function in this respect. As the Committee emphasized in its previous observation, an appreciation of the effectiveness of the labour inspection system in agriculture is necessarily based on knowledge of the needs in this area and on the periodical updating of the relevant information. The obligation for inspection units to provide periodical reports on their activities in agricultural undertakings (Article 25 of the Convention) is designed specifically to enable the central inspection authority to follow, supervise and adjust their activities, as well as to allow information on the items listed in Article 27, which are specific to the agricultural sector, to be included in the annual general report on inspection activities required by Article 26. For more than ten years, no report of this nature has been transmitted to the ILO and no data on the number of agricultural undertakings liable to inspection has ever been provided.

With reference to the Government’s indication of the predominance of child labour in agriculture and stock-raising, and that projects to combat this phenomenon mean that labour inspectors are taking on an important role in this field, the Committee suggests that it should take advantage of the implementation of these projects to set in motion measures to revitalize the activities of the labour inspection services in agricultural undertakings. It notes that no information has been provided by the Government in this respect.

The Committee therefore once again requests the Government to ensure that the labour inspection services have access to data on the number and geographical distribution of agricultural undertakings and the workers employed therein, and to specify the geographical distribution of labour inspectors who in practice discharge their duties in agricultural undertakings.

Once again reminding the Government that, when the economic situation of a member State does not allow it to fulfil adequately the requirements of a ratified Convention, it may have recourse to international financial cooperation and the technical assistance of the Office, the Committee requests the Government to provide detailed information on the manner in which effect is given in law and practice to each of the provisions of the Convention and to keep the ILO informed of the difficulties encountered and the measures adopted to resolve them.

The Committee requests the Government to take the required measures rapidly and to provide relevant information and particulars of the difficulties encountered in the implementation of the Convention.

CMNT_TITLE

The Committee notes the Government’s report received on 1 June 2007, and the additional information received on 5 November 2007. It notes that this information relates exclusively to the composition and distribution of the labour inspection staff. Further to its previous comments, in which it drew the Government’s attention to the need to adapt the activities of the inspection services to the specific features of the agricultural sector, even if it covers other economic sectors, the Committee notes that nothing appears to have been done in this respect. Moreover, the Government has not been able to provide information, as requested, on the geographical distribution of agricultural enterprises and the workers employed therein. In the absence of such data, no assessment of the extent to which application of the Convention is possible, either by the national authorities with a view to improving coverage, or by the ILO supervisory bodies with a view to fulfilling their function in this respect. As the Committee emphasized in its previous observation, an appreciation of the effectiveness of the labour inspection system in agriculture is necessarily based on knowledge of the needs in this area and on the periodical updating of the relevant information. The obligation for inspection units to provide periodical reports on their activities in agricultural enterprises (Article 25 of the Convention) is designed specifically to enable the central inspection authority to follow, supervise and adjust their activities, as well as to allow information on the items listed in Article 27, which are specific to the agricultural sector, to be included in the annual general report on inspection activities required by Article 26. For more than ten years, no report of this nature has been transmitted to the ILO and no data on the number of agricultural enterprises liable to inspection has ever been provided.

With reference to the Government’s indication of the predominance of child labour in agriculture and stock-raising, and that projects to combat this phenomenon mean that labour inspectors are taking on an important role in this field, the Committee suggests that it should take advantage of the implementation of these projects to set in motion measures to revitalize the activities of the labour inspection services in agricultural enterprises. It notes that no information has been provided by the Government in this respect.

The Committee therefore once again requests the Government to ensure that the labour inspection services have access to data on the number and geographical distribution of agricultural enterprises and the workers employed therein, and to specify the geographical distribution of labour inspectors who in practice discharge their duties in agricultural enterprises.

Once again reminding the Government that, when the economic situation of a member State does not allow it to fulfil adequately the requirements of a ratified Convention, it may have recourse to international financial cooperation and the technical assistance of the Office, the Committee requests the Government to provide detailed information on the manner in which effect is given in law and practice to each of the provisions of the Convention and to keep the ILO informed of the difficulties encountered and the measures adopted to resolve them.

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

CMNT_TITLE

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

The Committee notes the Government’s replies to the points raised in its previous comments, which indicate that in agricultural enterprises the labour inspectorate operates with the same human and material resources and according to the same methods as in other branches of activity. In theory, this is not contrary to the prescriptions laid down in the Convention as to the general principles which should be the foundation of any labour inspection system. However, to meet the standard of effectiveness required by the ILO instruments concerning labour inspection, the Committee deems it essential for labour inspection services to be duly adapted to the specific features of each of the economic sectors covered. In this case, by taking into account the particularities of agricultural workers and agricultural enterprises, the Convention aims to ensure the necessary degree of compliance with the legislation on the working conditions of agricultural workers and their protection while engaged in their work.

An appreciation of the effectiveness of the labour inspection system in agriculture is therefore necessarily based on the knowledge of the needs in this area and on periodical updating of the relevant information. The obligation for inspection units to provide periodical reports on their activities in agricultural enterprises (Article 25) is specifically intended to enable the central inspection authority to follow, supervise and, if necessary, adjust their activities, as well as the inclusion of information on the items listed in Article 27 which are specific to the agricultural sector in the general annual report on inspection activities required by Article 26. No such report has been provided to the ILO for around ten years and the number of agricultural enterprises liable to inspection has never been communicated. In its report of 2000 on the application of the Labour Inspection Convention, 1947 (No. 81), concerning labour inspection in industry and commerce, the Government announced the publication and communication of annual reports for the period 1995-99 without following up on it. Consequently, the Committee still lacks the data needed to make even a rough assessment of how far this Convention is applied in practice and is therefore unable to fulfil the supervisory duty vested in it. It wishes to point out to the Government that, as it stated in its General Survey of 1985 on labour inspection, the publication of an annual report is not an end in itself but gives the national authorities significant data on the application of the national labour legislation and any gaps in the legislation which may be instructive for the authorities in the future, on the one hand, and, on the other hand enables employers and workers and their organizations to react, through its publication, with a view to improving the effectiveness of inspection services (paragraph 273). The Committee recalls that, when a member State is unable to fulfil the requirements of a Convention it has ratified due to its economic situation, it may request the technical assistance of the ILO and international financial aid.

Noting that, according to the Government, the available general indicators made it possible, when formulating projects and programmes to combat child labour, to establish that this phenomenon is found mainly in the agricultural sector, including animal husbandry, and that labour inspectors are assigned an important role in this context, the Committee is of the view that the Government would be well advised to take advantage of the implementation of these projects to initiate measures to reactivate the labour inspection services in agricultural enterprises. As a preliminary and objective assessment of the situation in this sector is highly desirable for this purpose, the Committee would be grateful if the Government would ensure that the labour inspection services have access to data on the number and geographical distribution of agricultural enterprises and workers employed therein, and to provide the ILO with any relevant information, including information on the composition and distribution of inspection staff in geographical terms and according to their fields of competence.

The Committee hopes that the Government will communicate detailed information on how it has given effect to each of the provisions of the Convention. The Government is also asked to keep the ILO informed of any difficulties encountered and of any steps taken to overcome them.

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

CMNT_TITLE

The Committee takes note of the Government’s report. It notes that it does not fully reply to the previous comment. It must therefore repeat its previous observation, which read as follows.

The Committee notes the Government’s replies to the points raised in its previous comments, which indicate that in agricultural enterprises the labour inspectorate operates with the same human and material resources and according to the same methods as in other branches of activity. In theory, this is not contrary to the prescriptions laid down in the Convention as to the general principles which should be the foundation of any labour inspection system. However, to meet the standard of effectiveness required by the ILO instruments concerning labour inspection, the Committee deems it essential for labour inspection services to be duly adapted to the specific features of each of the economic sectors covered. In this case, by taking into account the particularities of agricultural workers and agricultural enterprises, the Convention aims to ensure the necessary degree of compliance with the legislation on the working conditions of agricultural workers and their protection while engaged in their work.

An appreciation of the effectiveness of the labour inspection system in agriculture is therefore necessarily based on the knowledge of the needs in this area and on periodical updating of the relevant information. The obligation for inspection units to provide periodical reports on their activities in agricultural enterprises (Article 25) is specifically intended to enable the central inspection authority to follow, supervise and, if necessary, adjust their activities, as well as the inclusion of information on the items listed in Article 27 which are specific to the agricultural sector in the general annual report on inspection activities required by Article 26. No such report has been provided to the ILO for around ten years and the number of agricultural enterprises liable to inspection has never been communicated. In its report of 2000 on the application of the Labour Inspection Convention, 1947 (No. 81), concerning labour inspection in industry and commerce, the Government announced the publication and communication of annual reports for the period 1995-99 without following up on it. Consequently, the Committee still lacks the data needed to make even a rough assessment of how far this Convention is applied in practice and is therefore unable to fulfil the supervisory duty vested in it. It wishes to point out to the Government that, as it stated in its General Survey of 1985 on labour inspection, the publication of an annual report is not an end in itself but gives the national authorities significant data on the application of the national labour legislation and any gaps in the legislation which may be instructive for the authorities in the future, on the one hand, and, on the other hand enables employers and workers and their organizations to react, through its publication, with a view to improving the effectiveness of inspection services (paragraph 273). The Committee recalls that, when a member State is unable to fulfil the requirements of a Convention it has ratified due to its economic situation, it may request the technical assistance of the ILO and international financial aid.

Noting that, according to the Government, the available general indicators made it possible, when formulating projects and programmes to combat child labour, to establish that this phenomenon is found mainly in the agricultural sector, including animal husbandry, and that labour inspectors are assigned an important role in this context, the Committee is of the view that the Government would be well advised to take advantage of the implementation of these projects to initiate measures to reactivate the labour inspection services in agricultural enterprises. As a preliminary and objective assessment of the situation in this sector is highly desirable for this purpose, the Committee would be grateful if the Government would ensure that the labour inspection services have access to data on the number and geographical distribution of agricultural enterprises and workers employed therein, and to provide the ILO with any relevant information, including information on the composition and distribution of inspection staff in geographical terms and according to their fields of competence.

The Committee hopes that the Government will communicate detailed information on how it has given effect to each of the provisions of the Convention. The Government is also asked to keep the ILO informed of any difficulties encountered and of any steps taken to overcome them.

CMNT_TITLE

The Committee notes the Government’s replies to the points raised in its previous comments, which indicate that in agricultural enterprises the labour inspectorate operates with the same human and material resources and according to the same methods as in other branches of activity. In theory, this is not contrary to the prescriptions laid down in the Convention as to the general principles which should be the foundation of any labour inspection system. However, to meet the standard of effectiveness required by the ILO instruments concerning labour inspection, the Committee deems it essential for labour inspection services to be duly adapted to the specific features of each of the economic sectors covered. In this case, by taking into account the particularities of agricultural workers and agricultural enterprises, the Convention aims to ensure the necessary degree of compliance with the legislation on the working conditions of agricultural workers and their protection while engaged in their work.

An appreciation of the effectiveness of the labour inspection system in agriculture is therefore necessarily based on the knowledge of the needs in this area and on periodical updating of the relevant information. The obligation for inspection units to provide periodical reports on their activities in agricultural enterprises (Article 25) is specifically intended to enable the central inspection authority to follow, supervise and, if necessary, adjust their activities, as well as the inclusion of information on the items listed in Article 27 which are specific to the agricultural sector in the general annual report on inspection activities required by Article 26. No such report has been provided to the ILO for around ten years and the number of agricultural enterprises liable to inspection has never been communicated. In its report of 2000 on the application of the Labour Inspection Convention, 1947 (No. 81), concerning labour inspection in industry and commerce, the Government announced the publication and communication of annual reports for the period 1995-99 without following up on it. Consequently, the Committee still lacks the data needed to make even a rough assessment of how far this Convention is applied in practice and is therefore unable to fulfil the supervisory duty vested in it. It wishes to point out to the Government that, as it stated in its General Survey of 1985 on labour inspection, the publication of an annual report is not an end in itself but gives the national authorities significant data on the application of the national labour legislation and any gaps in the legislation which may be instructive for the authorities in the future, on the one hand, and, on the other hand enables employers and workers and their organizations to react, through its publication, with a view to improving the effectiveness of inspection services (paragraph 273). The Committee recalls that, when a member State is unable to fulfil the requirements of a Convention it has ratified due to its economic situation, it may request the technical assistance of the ILO and international financial aid.

Noting that, according to the Government, the available general indicators made it possible, when formulating projects and programmes to combat child labour, to establish that this phenomenon is found mainly in the agricultural sector, including animal husbandry, and that labour inspectors are assigned an important role in this context, the Committee is of the view that the Government would be well advised to take advantage of the implementation of these projects to initiate measures to reactivate the labour inspection services in agricultural enterprises. As a preliminary and objective assessment of the situation in this sector is highly desirable for this purpose, the Committee would be grateful if the Government would ensure that the labour inspection services have access to data on the number and geographical distribution of agricultural enterprises and workers employed therein, and to provide the ILO with any relevant information, including information on the composition and distribution of inspection staff in geographical terms and according to their fields of competence.

CMNT_TITLE

The Committee notes that the Government’s report contains no reply to previous comments. It must therefore repeat its previous observation, which read as follows:

The Committee notes the Government’s report for the period ending in May 2000, in which the latter indicates that agricultural undertakings are subject to labour inspection supervision on the same basis as industrial or commercial enterprises and that no particular problems are encountered in this regard. The Committee notes, however, that the Government has not supplied the information requested in previous comments, and hopes that it will not fail to supply them in its next report.

1. Articles 9, paragraph 3, and 14, of the Convention. The Committee would be grateful if the Government would supply details on the periodicity and content of the training seminars and workshops for labour inspectors concerned with the agricultural sector as well as the impact of evolution in the global numbers of inspectors on the number of inspections carried out in agricultural undertakings.

2. Articles 15 and 21. The Committee requests the Government to supply details on the practical effects of the recent decentralization of labour services on the frequency of inspections and to specify the manner in which the provisions of Decree No. 95-395 of 29 September 1995 regarding the allowances made to labour inspectors who are concerned with agriculture and consequently have specific transport requirements. The Government is requested in particular to provide information on the manner in which transport expenses of labour inspectors concerned with agriculture are defined and reimbursed.

3. Labour inspection and child labour. Referring to its 1999 general observation, the Committee would be grateful if the Government would supply information on the measures taken or contemplated to develop inspection activities in regard to application of legal provisions relating to the employment of children and young persons in agricultural undertakings.

CMNT_TITLE

The Committee notes the Government’s report for the period ending in May 2000, in which the latter indicates that agricultural undertakings are subject to labour inspection supervision on the same basis as industrial or commercial enterprises and that no particular problems are encountered in this regard. The Committee notes, however, that the Government has not supplied the information requested in previous comments, and hopes that it will not fail to supply them in its next report.

1. Articles 9, paragraph 3, and 14, of the Convention. The Committee would be grateful if the Government would supply details on the periodicity and content of the training seminars and workshops for labour inspectors concerned with the agricultural sector as well as the impact of evolution in the global numbers of inspectors on the number of inspections carried out in agricultural undertakings.

2. Articles 15 and 21. The Committee requests the Government to supply details on the practical effects of the recent decentralization of labour services on the frequency of inspections and to specify the manner in which the provisions of Decree No. 95-395 of 29 September 1995 regarding the allowances made to labour inspectors who are concerned with agriculture and consequently have specific transport requirements. The Government is requested in particular to provide information on the manner in which transport expenses of labour inspectors concerned with agriculture are defined and reimbursed.

3. Labour inspection and child labour. Referring to its 1999 general observation, the Committee would be grateful if the Government would supply information on the measures taken or contemplated to develop inspection activities in regard to application of legal provisions relating to the employment of children and young persons in agricultural undertakings.

CMNT_TITLE

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 report and the information communicated by the Government in response to the Committee's previous comments. It also notes the legislative texts referred to in the reports and appended to the report. With reference to its previous comments, the Committee requests the Government to provide additional information on the following points.

1. Articles 9, paragraph 3, and 14 of the Convention. The Committee notes the information provided in this regard in the Government's report relative to Convention No. 81 concerning the application of Articles 7 and 10. With reference to its comments in respect of Convention No. 81, the Committee requests the Government to specify in its next report the duration as well as the programmes of the training seminars and workshops intended for labour inspectors who are responsible for inspecting the agricultural sector and to provide information in respect of any developments registered with regard to labour inspectors and the inspection visits in agricultural enterprises.

2. Articles 15 and 21. The Committee notes the information provided by the Government in its report for Convention No. 81 relative to the application of Article 11. The Committee requests the Government to provide detailed information in respect of the practical impact expected from the decentralization of the labour services on the implementation of measures designed to ensure that agricultural enterprises which require inspection are inspected as frequently and thoroughly as is necessary to ensure the effective application of the relevant legislative provisions and whether the allowances paid to labour inspectors under Decree No. 95-395 of 29 September 1995 respecting the statute of public officials in the labour administration services cover, by whatever means, the travelling expenses incurred by labour inspectors in agriculture, in particular for the performance of their duties and, if so, to specify whether the allowances paid are fixed allowances or whether they vary according to the real expenditure incurred in this regard. Where travelling or incidental expenses are not covered by the above allowances, the Government is requested to provide information with regard to the manner in which it defines travelling expenses which may be reimbursed upon receipt of a travelling expense claim form from labour inspectors in the agricultural sector.

3. Articles 26 and 27. The Committee notes with interest the labour statistics report for 1993 and the quarterly report of the activities of the Regional Department for Employment, Labour and Social Security for Central-West Burkina Faso (April, May and June 1997). Nevertheless, the Committee requests the Government to refer in this regard, to its comments relative to Article 20 and 21 of Convention No. 81.

CMNT_TITLE

The Committee notes the Government's report and the information communicated by the Government in response to the Committee's previous comments. It also notes the legislative texts referred to in the reports and appended to the report. With reference to its previous comments, the Committee requests the Government to provide additional information on the following points.

1. Articles 9, paragraph 3, and 14 of the Convention. The Committee notes the information provided in this regard in the Government's report relative to Convention No. 81 concerning the application of Articles 7 and 10. With reference to its comments in respect of Convention No. 81, the Committee requests the Government to specify in its next report the duration as well as the programmes of the training seminars and workshops intended for labour inspectors who are responsible for inspecting the agricultural sector and to provide information in respect of any developments registered with regard to labour inspectors and the inspection visits in agricultural enterprises.

2. Articles 15 and 21. The Committee notes the information provided by the Government in its report for Convention No. 81 relative to the application of Article 11. The Committee requests the Government to provide detailed information in respect of the practical impact expected from the decentralization of the labour services on the implementation of measures designed to ensure that agricultural enterprises which require inspection are inspected as frequently and thoroughly as is necessary to ensure the effective application of the relevant legislative provisions and whether the allowances paid to labour inspectors under Decree No. 95-395 of 29 September 1995 respecting the statute of public officials in the labour administration services cover, by whatever means, the travelling expenses incurred by labour inspectors in agriculture, in particular for the performance of their duties and, if so, to specify whether the allowances paid are fixed allowances or whether they vary according to the real expenditure incurred in this regard. Where travelling or incidental expenses are not covered by the above allowances, the Government is requested to provide information with regard to the manner in which it defines travelling expenses which may be reimbursed upon receipt of a travelling expense claim form from labour inspectors in the agricultural sector.

3. Articles 26 and 27. The Committee notes with interest the labour statistics report for 1993 and the quarterly report of the activities of the Regional Department for Employment, Labour and Social Security for Central-West Burkina Faso (April, May and June 1997). Nevertheless, the Committee requests the Government to refer in this regard, to its comments relative to Article 20 and 21 of Convention No. 81.

CMNT_TITLE

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:

Article 9, paragraph 3, and Articles 14 and 21, of the Convention. The Committee notes the information concerning the number of labour inspectors contained in the Government's report on Convention No. 81. It also notes the information contained in the Government's report showing a low inspection rate for agricultural enterprises due to their distance from inspection centres and the limited resources available to the inspection services, with the result that inspection is concentrated on industrial or agro-industrial establishments. The Committee would be grateful if the Government would indicate the measures which have been taken or are envisaged, including the recruitment of additional labour inspectors and their training, to ensure that agricultural enterprises are inspected as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions.

Article 15. See the comments made under Convention No. 81 concerning the application of Article 11.

Article 16, paragraph 1(a), (b) and (c)(iii). See the comments made under Convention No. 81 on the application of Article 12, paragraph 1(a), (b) and (c)(iv).

Article 16, paragraph 2. The Committee notes that section 222 of the Labour Code authorizes labour inspectors to enter the private home of the operator of an agricultural enterprise where the distinction between this home and the enterprise is unclear, which is not in accordance with this provision of the Convention. The Committee requests the Government to take the necessary measures to limit the power of inspectors to enter private homes where a distinction cannot be made with the workplace to cases in which they have obtained the authorization of the operator or have been issued with a special authorization by the competent authorities.

Article 17. The Committee notes the information in the Government's report to the effect that the labour inspection services in agriculture are not associated in preventive control, as provided by this provision of the Convention, but they could be in future as the labour services have requested to be closely associated with such prevention. The Committee requests the Government to provide information on the progress achieved in this respect.

Articles 26 and 27. The Committee notes that no annual inspection report has been transmitted to the Office. It hopes that the Government will take the necessary measures, where appropriate calling upon the technical assistance of the Office, to publish and transmit an annual inspection report covering the subjects enumerated in Article 27, within the time-limits set out in Article 26.

CMNT_TITLE

Article 9, paragraph 3, and Articles 14 and 21. The Committee notes the information concerning the number of labour inspectors contained in the Government's report on Convention No. 81. It also notes the information contained in the Government's report showing a low inspection rate for agricultural enterprises due to their distance from inspection centres and the limited resources available to the inspection services, with the result that inspection is concentrated on industrial or agro-industrial establishments. The Committee would be grateful if the Government would indicate the measures which have been taken or are envisaged, including the recruitment of additional labour inspectors and their training, to ensure that agricultural enterprises are inspected as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions.

Article 15. See the comments made under Convention No. 81 concerning the application of Article 11, as follows:

Article 11, paragraph 1. The Committee notes the information in the Government's report stating that a plan to decentralize labour services under which the construction of new buildings to house the labour inspection services is planned as well as equipping them with furniture and other working infrastructures is well on the way. It notes, furthermore, that transport facilities (automobiles and motorcycles) are made available for labour inspectors in accordance with financial means. The Committee would be grateful if the Government would supply in its next report information on the progress made in carrying out the above-mentioned project and on the shortcomings in transport facilities suffered by inspectors in the exercise of their duties.

Article 11, paragraph 2. The Committee notes the information contained in the Government's report that the central administration reimburses travel expenses if incurred. It would be grateful if the Government would indicate whether other ancillary expenditure necessary for the exercise of inspectors' duties are also reimbursed.

Article 16, paragraph 1(a), (b) and (c)(iii). See the comments made under Convention No. 81 on the application of Article 12, paragraph 1(a), (b) and (c)(iv), as follows:

Article 12, paragraph 1(a) and (b). The Committee notes that section 222 of the Labour Code does not empower labour inspectors to enter freely and without previous notice at any hour of the day or night any workplace liable to inspection. They are, however, empowered to enter at night premises where they have reasonable grounds to believe persons liable to the Labour Code are working. The Committee requests the Government to take the necessary measures to adapt its legislation to these provisions of the Convention which give wider powers for the inspection of establishments liable to inspection and, on the other hand, restrict daytime inspection to premises which the inspectors have reasonable grounds to believe are liable to such inspection.

Article 12, paragraph 1(c)(iii) and (iv). The Committee notes that the Labour Code does not empower labour inspectors to enforce the posting of notices required by the legal provisions or to take or remove for purposes of analysis samples of materials and substances used or handled, subject to the employer or his representative being notified of any samples or substances taken or removed for such purposes. It would be grateful if the Government would indicate the measures taken or envisaged to afford these powers to labour inspectors, in accordance with the provisions of the Convention.

Article 16, paragraph 2. The Committee notes that section 222 of the Labour Code authorizes labour inspectors to enter the private home of the operator of an agricultural enterprise where the distinction between this home and the enterprise is unclear, which is not in accordance with this provision of the Convention. The Committee requests the Government to take the necessary measures to limit the power of inspectors to enter private homes where a distinction cannot be made with the workplace to cases in which they have obtained the authorization of the operator or have been issued with a special authorization by the competent authorities.

Article 17. The Committee notes the information in the Government's report to the effect that the labour inspection services in agriculture are not associated in preventive control, as provided by this provision of the Convention, but they could be in future as the labour services have requested to be closely associated with such prevention. The Committee requests the Government to provide information on the progress achieved in this respect.

Articles 26 and 27. The Committee notes that no annual inspection report has been transmitted to the Office. It hopes that the Government will take the necessary measures, where appropriate calling upon the technical assistance of the Office, to publish and transmit an annual inspection report covering the subjects enumerated in Article 27, within the time-limits set out in Article 26.

CMNT_TITLE

With reference to its previous comments, the Committee notes with satisfaction that section 218 of Act No. 11/92/ADP of 22 December 1992 to issue the Labour Code provides that labour inspectors shall bring to the attention of the competent authority defects or abuses not specifically covered by existing legal provisions, thereby giving effect to Article 6, paragraph 1(c), of the Convention.

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

CMNT_TITLE

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:

Article 6, paragraph 1(c), of the Convention. See under Convention No. 81, Article 3, paragraph 1(c), as follows:

Article 3, paragraph 1(c), of the Convention. The Committee notes that the draft of the revised Labour Code to which it referred in its previous comment will shortly be submitted to the competent authorities for adoption. The Committee again expresses the hope that appropriate measures will be taken to give effect to this provision of the Convention which provides that the labour inspectorate must bring to the notice of the competent authority defects or abuses not specifically covered by existing legal provisions. It asks the Government to provide information on any progress made in this regard in its next report.

Articles 15 and 21. The Committee notes from the report that the Government considers that, generally speaking, the Convention is applied satisfactorily. It none the less refers to its comment under Convention No. 81, Articles 11 and 16, as follows:

Articles 11 and 16. Further to its previous comment, the Committee notes the Government's endeavours to remedy the lack of material facilities placed at the disposal of labour inspectors, particularly as regards transport. It also notes the Government's view that, generally speaking, as things now stand, application of the Convention still leaves room for improvement. It hopes that the next report will contain all the required information on the measures taken or contemplated to this end, including the possibility of reimbursing labour inspectors for any travelling and incidental expenses which may be necessary for the performance of their duties.

Articles 16, paragraph 2, and 17. Further to its previous comments, the Committee notes that the draft Labour Code referred to in the Government's report seems to take account (in section 232) of Article 16, paragraph 2, of the Convention (conditions for entry to the private home of the operator of an undertaking), but not of Article 17 (association of the labour inspection services in preventive control). It again expresses the hope that appropriate measures will be taken to give effect to these two provisions of the Convention. It asks the Government to indicate any progress made in this respect in its next report.

Articles 26 and 27. See under Convention No. 81, Articles 20 and 21, as follows:

Articles 20 and 21. The Committee notes that a summary of inspection reports for 1990 has been prepared. Further to its previous comments, it again expresses the hope that the Government will take the necessary steps to ensure that annual inspection reports containing information on all the subjects listed at Article 21 are published and transmitted to the International Labour Office within the period laid down in Article 20.

CMNT_TITLE

Article 6, paragraph 1(c), of the Convention. See under Convention No. 81, Article 3, paragraph 1(c), as follows:

Article 3, paragraph 1(c), of the Convention. The Committee notes that the draft of the revised Labour Code to which it referred in its previous comment will shortly be submitted to the competent authorities for adoption. The Committee again expresses the hope that appropriate measures will be taken to give effect to this provision of the Convention which provides that the labour inspectorate must bring to the notice of the competent authority defects or abuses not specifically covered by existing legal provisions. It asks the Government to provide information on any progress made in this regard in its next report.

Articles 15 and 21. The Committee notes from the report that the Government considers that, generally speaking, the Convention is applied satisfactorily. It none the less refers to its comment under Convention No. 81, Articles 11 and 16.

Articles 16, paragraph 2, and 17. Further to its previous comments, the Committee notes that the draft Labour Code referred to in the Government's report seems to take account (in section 232) of Article 16, paragraph 2, of the Convention (conditions for entry to the private home of the operator of an undertaking), but not of Article 17 (association of the labour inspection services in preventive control). It again expresses the hope that appropriate measures will be taken to give effect to these two provisions of the Convention. It asks the Government to indicate any progress made in this respect in its next report.

Articles 26 and 27. See under Convention No. 81, Articles 20 and 21, as follows:

Articles 20 and 21. The Committee notes that a summary of inspection reports for 1990 has been prepared. Further to its previous comments, it again expresses the hope that the Government will take the necessary steps to ensure that annual inspection reports containing information on all the subjects listed at Article 21 are published and transmitted to the International Labour Office within the period laid down in Article 20.

CMNT_TITLE

Article 6, paragraph 1(c), of the Convention. See under Convention No. 81, Article 3, paragraph 1(c), as follows:

Article 3, paragraph 1(c), of the Convention. With reference to its earlier comments, the Committee hopes that pending the revision of the Labour Code referred to by the Government in its last report, appropriate measures will be taken to give effect to this provision of the Convention, which provides that the labour inspectorate must bring to the notice of the competent authority defects or abuses not specifically covered by existing legal provisions. It requests the Government to provide information on any progress made in this regard in its next report.

Articles 15 and 21. See under Convention No. 81, Articles 11 and 16, as follows:

Articles 11 and 16. The Committee requests the Government to provide specific indications on the number of vehicles placed at the disposal of labour inspectors, and on the arrangements made to reimburse to labour inspectors any travelling and incidental expenses which may be necessary for the perfomance of their duties, particularly with regard to visits to workplaces liable to inspection.

Article 16, paragraph 2 and Article 17. With reference to its previous comments, the Committee expresses the hope that, pending the revision of the Labour Code, referred to by the Government in its report, appropriate steps will be taken to give effect to these provisions of the Convention (conditions for entry into the private home of the operator of an agricultural undertaking and association of the labour inspection services with preventive control). It requests the Government in its next report to provide information on any progress made in this respect.

Articles 26 and 27. See under Convention No. 81, Articles 20 and 21, as follows:

Articles 20 and 21. The Committee notes that the report on the work of the labour inspectorate has not reached the International Labour Office. It trusts that the Government will take the necessary steps to ensure that, in future, annual inspection reports containing information on all the subjects listed at Article 21 are published and transmitted to the International Labour Office within the period laid down at Article 20.