Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

Labour Inspection (Agriculture) Convention, 1969 (No. 129) - Colombia (Ratification: 1976)

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

The Committee takes note of the Government’s report and the new comments from the Single Confederation of Workers (CUT) dated 31 August 2012, forwarded to the Government on 13 September 2012. The comments refer for the most part to matters already raised by the Committee, including the number of inspectors, their training, the number of visits to agricultural undertakings (212 in 2011, i.e. far too low to cover the 3,567,000 workers employed in this sector), the independence and autonomy of inspectors, the lack of transport facilities suited to the performance of inspection duties in remote farms, the lack of secretaries or auxiliaries and technical teams for the preventive control required by Article 17 of the Convention, and the lack of information on labour inspection in agriculture in the Ministry of Labour’s reports. The Committee asks the Government to make any comments it deems appropriate in relation to the observations made by the CUT.

Articles 6(1)(a), 14, 21 and 24. Supervisory function of the system of labour inspection in agriculture, frequency and scope of inspection visits and adequate and effectively applied sanctions. The Committee notes the information from the Government that the Ministry of Labour devised a plan of inspection visits specifically targeting critical sectors such as agriculture, including flower, palm and sugar cane growing. According to the Government, inspection in the palm tree sector has been exemplary since a sizeable fine was imposed for the first time. The Government also states that the Ministry launched a campaign to formalize employment which includes visits to undertakings in the sugar and palm growing sector for the purpose of checking on compliance with social security obligations. The Committee notes the information set out in table form on inspection visits conducted in the agricultural sector between January and July 2012, on general inspections conducted in June 2012, and on the number of penalties imposed on undertakings in the sugar, flower and palm growing sectors between January and February 2012. The Committee requests the Government to provide information on the measures taken to ensure, in accordance with Article 21 of the Convention, that agricultural undertakings are inspected as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions on conditions of work and the protection of workers, supervision of which is entrusted to labour inspectors. It also asks the Government to provide information on the number and location of the agricultural undertakings liable to inspection (Article 14(a)(i)) and the number and classes of persons working in such undertakings (Article 14(a)(ii)). The Committee furthermore requests the Government to provide detailed information on breaches of the labour provisions detected by inspectors in the course of their visits to agricultural undertakings (indicating the provision in question), the penalties imposed and any judicial action taken.

Article 6(1)(c). Associated work cooperatives and pre-cooperatives. The Committee refers the Government to its comments under Article 3(1)(c) of Convention No. 81. It takes note of the information supplied by the Government to the effect that the data on labour inspection visits in cooperatives are being systematized by sector in 2012, including in the agricultural sector. The Committee would be grateful if the Government would provide information on inspection visits to associated work cooperatives and pre-cooperatives in the agricultural sector, the infringements detected (indicating the legal provisions breached) and the penalties imposed (fines, annulment of legal status).

Articles 9, 14, 15 and 16. Inadequacy of the structures, personnel and material and logistical resources of the labour inspection services for agriculture. In its previous comments the Committee urged the Government to take the necessary steps to strengthen the structures and means of action available to labour inspectors in charge of agricultural undertakings (availability of premises, human and material resources, training that takes account of needs specific to agriculture, etc.). The Committee refers in this context to its comments under Convention No. 81 regarding the progress made in the setting up of labour inspection services in some towns, and to the human and material resources of the labour inspection services. It also refers to an international cooperation project “Promoting Compliance with International Labour Standards in Colombia” aiming among other things to strengthen the inspection and monitoring system, and to an assessment which was being carried out in this context at the end of August 2012, of the structure, human resources, technology resources and the location of all territorial directorates and labour inspection directorates. The Committee requests the Government to send information on the results of the assessment of labour inspection in agriculture and its recommendations, and on any follow-up measures taken or envisaged. It also asks the Government to provide information on any other measures implemented for the purpose of extending and reinforcing the coverage of the labour inspection system, in particular in remote rural areas (sufficient number of inspectors, adequate training accessible and sufficiently equipped local offices and necessary transport facilities for the performance of labour inspection functions in agriculture).

Article 17. Participation of labour inspectors in preventive control in agricultural undertakings. The Committee reminds the Government that it has been raising this issue since 2002. The Committee urges the Government to ensure that measures are taken to give effect both in law and in practice to this provision of the Convention according to which the labour inspection services in agriculture shall be associated, in such cases and in such manner as may be determined by the competent authority, in the preventive control of new plant, new materials or substances and new methods of handling or processing products which appear likely to constitute a threat to health or safety. The Committee asks the Government to provide information in its next report on any such measures taken, together with copies of any relevant texts. The Committee refers the Government in this connection to the guidance provided in Paragraph 11 of Recommendation No. 133, which supplements the Convention, on the instances and conditions in which inspectors could be associated in preventive controls.

Articles 26 and 27. Annual report. The Committee refers to its comments under Articles 20 and 21 of the Labour Inspection Convention, 1947 (No. 81). It hopes that the Government will be in a position to send, at the earliest possible date, an annual report on the work of the labour inspection services in agriculture, either separately or as part of its general annual report.

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