Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

Labour Inspection Convention, 1947 (No. 81) - Gabon (Ratification: 1972)

Articles 3(1)(a), 20 and 21 of the Convention. Labour inspection activities and reporting obligations on these activities for the purpose of assessment of the level of application of the Convention. Following its previous comments, the Committee notes the scarce information provided by the Government according to which no violations of articles 227, 228 and 249 of the Labour Code have been detected by labour inspectors, no judicial decision has been issued in this area and no acts involving any resistance or obstruction of the labour inspectors in the course of their duties has been reported. With reference to child labour and the measures implemented for the control of the relevant legal provisions, the Government declares to spare no effort to combat this phenomenon and refers in this regard to a number of more or less recent legal texts.

The Committee notes however that, contrary to the indication in the Government’s report, the annual report of the General Workforce and Labour Directorate has not been communicated to the ILO and no annual report as prescribed by Articles 20 and 21 of the Convention has been received. The Committee therefore cannot assess the functioning of labour inspection systems as regards the provisions of the Convention, and is bound to repeat its previous observation in this respect.

Articles 20 and 21. Annual report on the work of the inspection services. In reference to the Government’s commitment to do its utmost to attenuate the difficulties in applying the Convention, the Committee once again emphasizes that in order to do this, measures must be taken to centralize the information required under Article 21 with a view to preparing an annual labour inspection report, the main purpose of which is to serve as a basis for the periodical assessment by the central inspection authority of the adequacy of the available resources in relation to needs and, consequently, to determine priority areas of action. The Committee once again reminds the Government of the possibility of requesting technical assistance from the ILO, as well as international financial aid, with a view to establishing the material and institutional conditions necessary for the publication of such a report. In its 2004 direct request, the Committee urged the Government to make the necessary efforts to implement measures designed to enable the central inspection authority to discharge its obligation in this respect and pointed out that the annual inspection report should be as detailed as possible and contain precise information on human, logistical, practical or other difficulties explaining deficiencies in the services. Since the Government has not reported any progress in this area, the Committee requests that it quickly takes the necessary measures and keeps the Office duly informed in this respect.

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

[The Government is asked to reply in detail to the present comment in 2011.]