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

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comment

Legislation. The Committee notes the adoption of Act No. 022/2021 of 19 November 2021 issuing the Labour Code. The Government indicates that the provisions of sections 271 to 288 of this new Code incorporate the main provisions of the Convention in an almost identical form. The Committee notes that Article 15(c) of the Convention (obligation of confidentiality) is reflected in the last paragraph of section 275 of the new Labour Code. As regards Article 18 of the Convention (adequate penalties for violations of the legal provisions and for obstructing labour inspectors in the performance of their duties), the Committee also notes that the new Labour Code provides for the imposition of penalties in various scenarios, with the amount of these penalties mostly having been substantially increased by comparison with those established in the previous version of the Labour Code. The Committee notes the information provided by the Government which addresses its previous comment.

Article 3(1) and (2) of the Convention.Further labour inspection duties. The Committee notes that despite the Government’s undertaking to take account of the recommendations made in the ILO’s analytical study of 2010 and the adoption of the new Labour Code, individual labour disputes must still be referred to labour inspectors and no labour tribunals (conseils de prud’hommes) have been set up. The Committee also notes the Government’s indication, in reply to its previous comment, that labour inspectors manage to perform their workplace inspection duties despite their conciliation activities. Given the lack of detailed information on this last point, the Committee once again requests the Government to provide detailed information on the time and resources devoted by labour inspectors to conciliation, by comparison with primary inspection duties, as defined in Article 3(1) of the Convention.

Article 4. Central authority. The Committee notes that since 2010 there has been a special labour inspection service responsible for the petroleum sector and another responsible for the forestry sector, and that the Government indicates, in reply to its previous comment, that it recently set up two new special inspection units, one responsible for mining and the other for agriculture. The Government also indicates that the Labour, Staffing and Employment Department is responsible for coordinating labour inspection services. The Committee notes this information, which responds to its previous request.

Article 7. Training for labour inspectors. The Committee notes that the Government, in reply to its previous request, has affirmed its intention to review training programmes implemented at the Administrative Career Academy and the National School of Administration. The Committee once again requests the Government to provide detailed information on initial and further training for labour inspectors, including on occupational safety and health.

Articles 10, 11 and 16. Human and material resources and inspection as often and thoroughly as necessary. The Committee notes the Government’s indication, in reply to its previous comment, that: (i) in 2017, there were 137 labour inspectors and controllers; (ii) the equipment needed for the performance of their duties remained a concern; (iii) the condition of some offices had deteriorated as a result of the post-election events of August 2016; and (iv) the renewal of means of transport was needed. The Committee requests the Government to continue providing information on the number of labour inspectors and controllers.Noting that the Government has not described in detail the material resources provided for inspectors and controllers (offices, phones, computers, transport facilities, etc.), the Committee once again requests the Government to provide this information, indicating in particular whether the number of staff and the material resources provided ensure that workplace inspections are as frequent and thorough as necessary.

Article 13(2). Powers of labour inspectors in the event of danger to the health or safety of the workers. The Committee notes that, in the event of serious and imminent danger, section 267 of the new Labour Code empowers labour inspectors to take all precautionary measures to eliminate the identified risk and to apply to the interim relief judge for an order for the temporary or permanent closure of a workshop or worksite, and the deactivation, immobilization or seizure of equipment, machinery, appliances or products. The Committee requests the Government to provide information on the application in practice of new section 267 of the Labour Code indicating, for example, how many measures with immediate executory force have been taken by labour inspectors in cases of danger to the health or safety of the workers, and in which sectors.

Article 14. Notification of industrial accidents and cases of occupational disease to the labour inspectorate.In the absence of a reply to its previous comment and of information concerning the number of occupational accidents and diseases, the Committee once again requests the Government to indicate whether measures, such as re-examining the criteria according to which accidents at work and occupational diseases must be reported and for carrying out of investigations when an occupational accident or disease appears to reflect a serious situation, have been taken or envisaged to improve the procedure for the notification of industrial accidents and cases of occupational disease to the labour inspection services responsible for occupational safety and health.

Articles 19, 20 and 21. Annual reports on the work of the labour inspectorate. The Committee notes the Government’s indication, in reply to its previous comment, that statistical data enabling the preparation of labour inspection reports are not collected. The Committee also notes that the new section 286 of the Labour Code provides for publication of the annual report no later than the end of the first quarter of the new year, whereas section 247 of the old Code provided for publication within a period not exceeding one month after the end of the year. The Committee also notes with regret that the Government has not provided any information on progress made regarding the preparation by the central authority of an annual report on the work of the inspection services. Referring to its general observation of 2010 on Convention No. 81, the Committee recalls that that, when well prepared, the annual report offers an indispensable basis for the evaluation of the results in practice of the activities of the labour inspection services and, subsequently, the determination of the means necessary to improve their effectiveness. The Committee requests the Government to provide information on how it is ensured in practice that local labour inspectors are required to submit periodic reports on the results of their inspection activities to the central inspection authority, in accordance with Article 19 of the Convention. In addition, the Committee requeststhe Government to take the necessary steps to ensure that annual inspection reports are published and transmitted to the ILO in accordance with Article 20 of the Convention and that these reports contain full information on all the subjects listed in Article 21(a)–(g) of the Convention.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Legislation. Bringing the provisions of the Labour Code into conformity with the Convention. The Committee welcomes the fact that, further to a request from the Government, the Office undertook an examination of the proposed amendments to the Labour Code, including with regard to labour inspection, and sent its comments to the Government. The Committee hopes that the Government will take measures as part of the reform to bring the provisions of the Labour Code into conformity with the Convention, in particular Article 3(2) (further duties assigned to labour inspectors), Article 13(1), (2)(a) and (b) (labour inspectors’ power to issue orders, including with regard to immediately enforceable measures in the event of imminent danger), Article 15(c) (obligation of confidentiality), and Articles 17 and 18 (penalties that act as a sufficient deterrent for violations of the legal provisions; obstruction of labour inspectors in the performance of their duties).

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

Implementation of recommendations made in the ILO’s analytical study of labour administration and inspection systems. The Committee welcomes the Government’s indications that measures are gradually being implemented to give effect to the recommendations made in the ILO’s analytical study of 2010 (hereinafter “analysis”). The Committee asks the Government to indicate the specific measures taken or contemplated to implement the recommendations made as part of the analysis, particularly as regards the implementation of the following Articles.

Article 3(2) of the Convention. Further labour inspection duties. The Committee recalls that, according to the conclusions of the analysis, the role of inspectors is limited in practice to the provision of advice and conciliation, to the detriment of monitoring and inspection duties. In this regard, the Committee notes that the new draft Labour Code still assigns conciliation duties in labour disputes to inspectors. The Government indicates in its report that it has noted the recommendation that two separate units should be established, one for inspection and one for conciliation, and that it is considering establishing a labour tribunal (conseil de prud’hommes). The Committee asks the Government to provide information on the time and resources that labour inspectors spend on conciliation by comparison with primary inspection duties, as defined in Article 3(1) of the Convention. It requests the Government to provide detailed information in its next report on the measures taken or contemplated to ensure that conciliation duties are not performed at the expense of primary duties, in accordance with Article 3(2).

Articles 4 and 5(a). Effective organization of the labour inspection system under the supervision and control of a central authority. The Committee recalls that, according to the findings of the analysis, the labour inspection system is scattered and complex, with many services responsible for labour inspection without any central authority being established or clearly defined. The Committee requests that the Government provide information on the measures taken or contemplated to implement the recommendation made in the analysis to place the labour inspection system under the supervision and control of a central authority and to organize the system effectively by coordinating those services responsible for labour inspection.

Articles 5(a), 20 and 21. Annual report on the work of the labour inspectorate. The Committee notes that, despite the Government’s indications, the Office has not received any annual report on the work of the labour inspection services. The Committee notes that the analysis highlights the total absence of basic labour statistics and recommends the organization of enterprise records, with a view to, inter alia, establishing the number of workplaces liable to inspection and the number of workers employed therein. In line with the recommendations, one way of doing this would be through the exchange of relevant data with other bodies, such as the National Social Security Fund. The Committee requests the Government to indicate the measures taken to establish enterprise records, as recommended in the analysis. It also requests that the Government provide information on any measures taken to ensure that an annual report on the work of the labour inspection services, containing the information prescribed in Article 21(a)–(g), is published and sent to the Office in accordance with the deadlines specified in Article 20.

Article 7. Initial and further training for labour inspectors. The Committee notes that, according to the Government’s information on the application of the Labour Administration Convention, 1978 (No. 150), training seminars and courses provided with ILO technical cooperation have had a beneficial impact by enabling labour inspectors to extend their knowledge of ways to tackle recurring issues such as forced labour, freedom of association, the use of child labour, discrimination and harassment. It recalls the conclusions of the analysis regarding labour inspectors’ limited knowledge of occupational safety and health (OSH), including the prevention of occupational risks. Lastly, it notes the indications regarding the revision of course content in training schools, with a special focus on practice, with a view to reinforcing the capacities of labour inspectors and controllers. The Committee requests that the Government supply detailed information on training for labour inspectors, including with regard to OSH.

Articles 10, 11 and 16. Human and material resources and number of inspection visits. The Committee recalls that the analysis indicated a deficit in logistical, material and human resources in labour inspection, particularly for enforcing laws and regulations relating to OSH. Since the analysis also indicated the virtual absence of inspections in the regions, the Committee welcomes the information supplied in the Government’s report to the effect that, since 2013, inspections are also being conducted in the regions. As regards the material resources for labour inspection, the Committee also welcomes the fact that the Government envisages establishing a laboratory within the Directorate-General for Occupational Health and Medicine. The Committee asks the Government to provide detailed information on the number of labour inspectors performing inspection duties in accordance with the Convention, and also on the number of inspections conducted during the period covered by the Government’s next report. It also asks the Government to describe in detail the material resources provided for the labour inspection services (offices, telephones, computers, Internet access, etc.), including transport facilities.

Article 14. Notification of industrial accidents and cases of occupational disease to the labour inspection services. The Committee recalls the indications in the analysis that the procedure for the notification of industrial accidents and occupational diseases does not appear to result systematically in the notification of the labour inspection services responsible for OSH. The analysis also mentions that draft decrees are under consideration with a view to modernizing the legislation currently in force, including revising the list of occupational diseases. The Committee asks the Government to indicate the measures taken or contemplated regarding the recommendations made in the analysis to re examine procedures for the notification of industrial accidents and cases of occupational disease with a view to improving the effectiveness of the system.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Articles 5, 13, 17 and 18 of the Convention. Referring also to its observation, the Committee notes that the activities report of the General Inspectorate of Hygiene and Occupational Medicine draws attention to a number of difficulties, in particular a lack of resources, which impede inspection visits and the effective application of existing occupational safety health laws and regulations. The Government expresses its willingness to adopt further measures with a view to improving the application of legislation.

The Committee draws the Government’s attention to the recommendations made in the ILO’s diagnostic study and again requests the Government to indicate any measures adopted or envisaged with a view to giving effect in practice to national laws defining infringements of established working conditions and the protection of workers and stipulating the applicable penalties, and to provide copies of the relevant texts as well as information on their application on practice.

The Government is also requested once again to take the necessary steps to give effect to the cooperation envisaged under sections 228 and 229 of the Labour Code and to extend that cooperation in the way advocated in the Committee’s general observation of 2009 on this Convention, and to transmit information on any progress made in that regard to the ILO.

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Articles 20 and 21 of the Convention and Part IV of the report form. Pursuant to its previous comments, the Committee takes note of the annual activities report of the General Inspectorate for Hygiene and Occupational Medicine for 2010, and the activities report of the General Directorate for Labour, Manpower and Employment for 2010, which were attached to the Government’s report.

The Committee notes with interest that, following the Government’s request, the ILO has conducted a diagnostic study of Gabon’s labour administration and inspection systems, and that recommendations have been made regarding the organization and strengthening of labour inspection. The Committee would be grateful if the Government would indicate all the measures adopted or envisaged in order to implement the recommendations made in the context of the ILO’s diagnostic study, as well as any practical difficulties that may have been encountered.

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

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

Articles 5, 13, 17 and 18 of the Convention. With reference to its previous observation, the Committee notes, in the annual report of the provincial directorate of Moyen-Ogooue for 2008, the large number of breaches of article 228 of the Labour Code relating to the negligence of instructions and necessary protective equipment for the safety of workers and to the close cooperation between the labour inspectorate and judicial organs, with a view to verify the implementation of the measures ordered to remedy the defects observed or to pursue the employers in breach. The Committee notes that the Government acknowledges in its report the necessity to take the recommended measures by the Committee in its general observation 2007 to promote cooperation between the labour inspection services and justice system. In this regard, it underlines the usefulness of a system to register judicial decisions relating to questions covered by the Convention, so as to make it accessible to labour inspection, and more specifically for the inclusion of relevant data in the annual labour inspection report. The Committee equally notes that the Government does not mention on any measure to that end.

Concerning the effect given to Articles 17 and 18 of the Convention regarding the powers entrusted to labour inspectors to enforce relevant legal dispositions and penalties applicable in the case of violation, according to the Government, Decree No. 000741/PR/MTE/MEBFP of 22 September 2005 has had a real impact on the results of labour inspections, as employers “until then lethargic” are now aware of the importance of proper application of labour law and of the inspectors’ advice. Finally, the Government welcomes the impact of these developments from a social point of view as well as on business.

The Committee asks the Government to take measures aimed at giving effect in practice, by means of rules and regulations, circulars or any other means of application, to the national legal provisions defining violations of laws relating to the conditions of work and the protection of workers, and fixing the applicable sanctions and to provide a copy of the relevant texts as well as information on their application in practice.

The Committee also asks the Government, in particular, to take the necessary measures to give effect to the cooperation provided for within articles 228 and 229 of the Labour Code, to extend such cooperation as recommended in the Committee’s general observation of 2007 under this Convention and to communicate information to the ILO on any progress made in this regard.

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

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.]

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

With reference to its observation, the Committee draws the Government’s attention to the following points.

Articles 17 and 18 of the Convention. Measures to enforce the legal provisions relating to penalties. The Committee notes the Government’s affirmation of its commitment to carry out sustained controls pursuant to Decree No. 000741 of 22 September 2005 establishing procedures to penalize infringements relating to work, employment, occupational safety and health and social security. It notes the undated statement of the Minister of Labour, according to which the aim of these controls is not to cause problems for enterprises but to promote decent employment and work. The Committee requests the Government to indicate the impact of the above Decree and statement on the results of labour inspections, and particularly on trends in statistics concerning infringements reported and penalties imposed.

Articles 5(a) and 21(e). Effective cooperation between the labour inspection services and the judiciary. Further to its general observation of 2007, the Committee requests the Government to supply information on the steps taken or contemplated in terms of calling on the judiciary to examine diligently and thoroughly the reports submitted by labour inspectors, and on any disputes in the same areas submitted directly to them by workers or their organizations.

It also requests the Government to indicate the measures taken or contemplated to establish a system for the registration of relevant court decisions that is accessible to the labour inspectorate, particularly with a view to their inclusion in the annual inspection report.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes the Government’s report which was received by the ILO on 18 December 2008, too late for it to be examined at the Committee’s previous session, and for this reason it repeated its previous comments. However, it notes that the information supplied constitutes only a partial reply and is therefore bound to ask the Government once again to provide additional information on the following points.

Article 18 of the Convention. Proceedings in respect of violations of the legal provisions enforceable by labour inspectors and the obstruction of labour inspectors in the performance of their duties. The Committee would be grateful if the Government would provide a copy of any court decisions given against employers guilty of violations of legal provisions enforceable by labour inspectors or, in pursuance of sections 227, 228, 229 and 249 of the Labour Code, acts involving the obstruction of the performance of inspection duties.

Article 19. Periodical reports by the inspection services. Noting that, according to the Government, each year, at the request of the General Labour Directorate, quarterly and annual activity reports are prepared by the inspection services, the Committee would be grateful if the Government would provide copies of these reports.

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.

Monitoring of child labour and publication of an annual inspection report. The Government’s report does not provide any information in reply to the Committee’s previous comments on the delicate aspects of procedures for removing children from the workplace under Decree No. 000031 of 8 January 2002. The Committee would be grateful if the Government would provide information on the measures taken, on the one hand, to adopt the texts necessary for the implementation of Decree No. 000031 such as are referred to in its section 6, and, on the other hand, to provide the labour inspectors who participate in operations to remove children from the workplace with appropriate and specific technical and psychological training. It would be grateful if the Government would supplement this information with copies of any relevant texts.

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

The Committee hopes that the Government will do its utmost to take the necessary measures in the very near future.

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its observation on the following points:

Further to its previous observation, the Committee notes the report for the period ending 1 September 2006, in which the Government refers to Decree No. 000741 of 22 September 2005, which was adopted pursuant to the provisions of section 215 of the Labour Code and establishes the penalties for offences in the fields of labour, occupational safety and health and social security. It also notes the Government’s report for the period ending 1 September 2007, which contains detailed information on the organization of the labour inspection system and the legislative provisions giving effect to the Convention. While noting this information, the Committee also notes the absence of information on how the labour inspection services function in practice and on the results they obtain. It would be grateful if the Government would provide further information on the following points.

1. Articles 7 and 10 of the Convention. Training for labour inspectors during employment. Number of inspectors. The Government states that further training is organized for labour inspectors currently in service so as to ensure that their skills are updated in accordance with developments in the world of work. Such training is mainly organized within the African Regional Centre for Labour Administration (CRADAT). The Committee notes that at the time when the Government sent its report, a number of inspectors were receiving training at the CRADAT, and asks the Government to provide information on the further training provided during the period covered by its next report and to indicate the duration of this training and the number of inspectors who have benefited from it. The Government is also requested to indicate the number of labour inspectors in service, their geographical distribution, retirement forecasts and plans for the filling of vacant posts.

2. Article 11. Conditions of work and transport facilities for labour inspectors. According to the Government, the conditions of work of inspectors are improving slowly due to the unfavourable economic climate. Administration officials have been on strike for months. The Government has listened carefully to the problems highlighted by these officials. Certain inspection services have been provided with transport within the framework of the 2006 budget and certain offices have undergone renovation work. The Government states that there is still much to do, but that these efforts will continue over the coming years. The Committee notes that, although the inadequacy of the material means (notably transport) available to the labour inspectorate makes it difficult to apply the Convention, the Government intends to do its utmost to attenuate these difficulties. The Committee asks the Government to provide detailed information on the geographical location of the renovated offices, the improvements carried out, the geographical distribution of the vehicles made available to labour inspectors and other transport facilities which they can use for the performance of their duties, and the amounts and arrangements in respect of the reimbursement of their travel expenses, if any. The Government is also requested to describe the office equipment available to inspectors (telephones, typewriters, photocopiers, computers, measuring apparatus, etc.) and the consumables used (fuel, registers, paper, etc.), and the arrangements for replacing such items, and to indicate any measures taken or envisaged with a view to ensuring the progressive improvement of the application of the Convention in practice.

3. Article 13. Exercise of powers of injunction of labour inspectors in respect of occupational health and safety. The Committee asks the Government to provide concrete examples, with supporting documentation, of cases in which a formal notice has been issued to the employer following the reporting of a risk or a danger to the safety or health of workers and where such formal notices have led to further action, or where the matter has been referred to the courts. It would be grateful if the Government would indicate the proportion of cases referred to the courts which have given rise to a court decision (conviction or discharge) and to provide copies of the decisions or extracts from such decisions indicating the legal grounds for the judgment.

4. Article 18. Proceedings in respect of violations of the legal provisions enforceable by labour inspectors and the obstruction of labour inspectors in the performance of their duties. The Committee would be grateful if the Government would provide a copy of any court decisions given against employers guilty of violations of legal provisions enforceable by labour inspectors or, in pursuance of sections 227, 228, 229 and 249 of the Labour Code, acts involving the obstruction of the performance of inspection duties.

5. Article 19. Periodical reports by the inspection services. Noting that, according to the Government, each year, at the request of the General Labour Directorate, quarterly and annual activity reports are prepared by the inspection services, the Committee would be grateful if the Government would provide copies of these reports.

6. 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.

7. Monitoring of child labour and publication of an annual inspection report. The Government’s report does not provide any information in reply to the Committee’s previous comments on the delicate aspects of procedures for removing children from the workplace under Decree No. 000031 of 8 January 2002. The Committee would be grateful if the Government would provide information on the measures taken, on the one hand, to adopt the texts necessary for the implementation of Decree No. 000031 such as are referred to in its section 6, and, on the other hand, to provide the labour inspectors who participate in operations to remove children from the workplace with appropriate and specific technical and psychological training. It would be grateful if the Government would supplement this information with copies of any relevant texts.

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

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

Further to its previous observation, the Committee notes the report for the period ending 1 September 2006, in which the Government refers to Decree No. 000741 of 22 September 2005, which was adopted pursuant to the provisions of section 215 of the Labour Code and establishes the penalties for offences in the fields of labour, occupational safety and health and social security. It also notes the Government’s report for the period ending 1 September 2007, which contains detailed information on the organization of the labour inspection system and the legislative provisions giving effect to the Convention. While noting this information with interest, the Committee also notes the absence of information on how the labour inspection services function in practice and on the results they obtain. It would be grateful if the Government would provide further information on the following points.

1. Articles 7 and 10 of the Convention. Training for labour inspectors during employment. Number of inspectors. The Government states that further training is organized for labour inspectors currently in service so as to ensure that their skills are updated in accordance with developments in the world of work. Such training is mainly organized within the African Regional Centre for Labour Administration (CRADAT). The Committee notes with interest that at the time when the Government sent its report, a number of inspectors were receiving training at the CRADAT, and asks the Government to provide information on the further training provided during the period covered by its next report and to indicate the duration of this training and the number of inspectors who have benefited from it. The Government is also requested to indicate the number of labour inspectors in service, their geographical distribution, retirement forecasts and plans for the filling of vacant posts.

2. Article 11. Conditions of work and transport facilities for labour inspectors. According to the Government, the conditions of work of inspectors are improving slowly due to the unfavourable economic climate. Administration officials have been on strike for months. The Government has listened carefully to the problems highlighted by these officials. Certain inspection services have been provided with transport within the framework of the 2006 budget and certain offices have undergone renovation work. The Government states that there is still much to do, but that these efforts will continue over the coming years. The Committee notes that, although the inadequacy of the material means (notably transport) available to the labour inspectorate makes it difficult to apply the Convention, the Government intends to do its utmost to attenuate these difficulties. The Committee asks the Government to provide detailed information on the geographical location of the renovated offices, the improvements carried out, the geographical distribution of the vehicles made available to labour inspectors and other transport facilities which they can use for the performance of their duties, and the amounts and arrangements in respect of the reimbursement of their travel expenses, if any. The Government is also requested to describe the office equipment available to inspectors (telephones, typewriters, photocopiers, computers, measuring apparatus, etc.) and the consumables used (fuel, registers, paper, etc.), and the arrangements for replacing such items, and to indicate any measures taken or envisaged with a view to ensuring the progressive improvement of the application of the Convention in practice.

3. Article 13. Exercise of powers of injunction of labour inspectors in respect of occupational health and safety. The Committee asks the Government to provide concrete examples, with supporting documentation, of cases in which a formal notice has been issued to the employer following the reporting of a risk or a danger to the safety or health of workers and where such formal notices have led to further action, or where the matter has been referred to the courts. It would be grateful if the Government would indicate the proportion of cases referred to the courts which have given rise to a court decision (conviction or discharge) and to provide copies of the decisions or extracts from such decisions indicating the legal grounds for the judgment.

4. Article 18. Proceedings in respect of violations of the legal provisions enforceable by labour inspectors and the obstruction of labour inspectors in the performance of their duties. The Committee would be grateful if the Government would provide a copy of any court decisions given against employers guilty of violations of legal provisions enforceable by labour inspectors or, in pursuance of sections 227, 228, 229 and 249 of the Labour Code, acts involving the obstruction of the performance of inspection duties.

5. Article 19. Periodical reports by the inspection services. Noting that, according to the Government, each year, at the request of the General Labour Directorate, quarterly and annual activity reports are prepared by the inspection services, the Committee would be grateful if the Government would provide copies of these reports.

6. 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.

7. Monitoring of child labour and publication of an annual inspection report. The Government’s report does not provide any information in reply to the Committee’s previous comments on the delicate aspects of procedures for removing children from the workplace under Decree No. 000031 of 8 January 2002. The Committee would be grateful if the Government would provide information on the measures taken, on the one hand, to adopt the texts necessary for the implementation of Decree No. 000031 such as are referred to in its section 6, and, on the other hand, to provide the labour inspectors who participate in operations to remove children from the workplace with appropriate and specific technical and psychological training. It would be grateful if the Government would supplement this information with copies of any relevant texts.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

Referring also to its observation, and noting that, in its report on Convention No. 182, the Government stated that a special inspectorate responsible for combating the labour of minors had been set up within the Ministry of Labour, the Committee requests the Government to provide information on the tasks assigned to this commission and on the means placed at its disposal, or which it is envisaged to place at its disposal, to enable it to accomplish them.

The Committee notes that, under Decree No. 000031 of 8 January 2002, inspectors, like the personnel of the security forces, have the power to remove children from any person or persons exploiting them and that they, as well as labour controllers, have the obligation to report any fact which constitutes the employment of minors. Section 6 of the Decree provides that it should be accompanied by implementing texts. The Committee would like to draw the Government’s attention to the fact that, particularly in an area as sensitive as the fight against child labour, it is essential that inspectors and officials of law and order authorized to remove children from exploitation can accomplish their tasks without exposing these children to additional risks or treatment which conflicts with the objective pursued and without running personal risks. For this reason the greatest precautions should be taken in drafting the texts that these officials have to apply. First of all, the educational and preventive aspects which form part of the duties of the labour inspectorate, apart from its repressive aspect, should not be forgotten. It is also important that the presence of a labour inspector should not be perceived as a source of potential danger by the very persons who are supposed to be protected by that presence. It is therefore essential that appropriate training is given to labour inspectors and controllers, and the texts implementing the abovementioned Decree must contain relevant provisions on the basis of which operations to physically remove children from their employer(s) will be conducted with the support and psychological assistance of social workers trained in the protection of young people, in such a way as to avoid causing additional trauma to the children concerned.

While grateful to the Government for the information provided concerning the composition of the staff of the labour inspection services and of the general details concerning their geographical distribution, the Committee emphasizes that such information is only useful for the purposes of the Convention if it is supplemented by the other information required by Article 21 of the Convention. All this information thus constitutes a basis for the periodic evaluation by the central inspection authority of the appropriateness of the resources of the inspection services in the light of requirements and the resulting identification of priorities for relevant action. Published in the form of an annual report and communicated to the ILO, as laid down by Article 21, they would enable the ILO’s supervisory bodies to assess the level of application of the Convention and to maintain a constructive dialogue with the Government, with the participation of the social partners, with a view to making gradual improvements to it. The Committee also recalls the possibility of requesting technical assistance from the ILO for this purpose, as well as international financial aid. It urges the Government to make the necessary efforts to implement measures designed to enable the central inspection authority to discharge its obligation to publish and communicate as detailed an annual inspection report as possible, containing not only information available on each of the points listed in Article 21 but also precise information on human, logistical, practical or other difficulties, explaining deficiencies in the services. The Government is asked to keep the Office informed of any progress in this regard.

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

Further to its previous observation, the Committee notes with satisfaction that, contrary to the statement in the report to the effect that no legislative or regulatory measure has been adopted for applying the provisions of the Convention, an important Decree was adopted on 8 January 2002 providing for the active involvement of labour inspectors in both research and reporting of cases of child labour and in the procedure for placing the children concerned under protection. The organization of a workshop in 2003 to train trainers of labour inspectors for combating the trafficking and exploitation of children and of a seminar for strengthening the capacities of labour inspectors in this area are measures which, from the Committee’s point of view, bear witness to the Government’s real determination to make the necessary efforts to put the relevant legal provisions into practice.

The Committee also notes with interest that, in the context of the country’s economic and financial difficulties, practical measures have nevertheless been taken since 1999 to overcome the inadequate quality and numbers of inspection staff, particularly in the form of training at the Administrative Career Training School (EPCA) for non-permanent employees of the central labour administration having a certain seniority, in order to incorporate them in the inspection staff as labour controllers.

The Committee is addressing a request concerning certain points directly to the Government.

Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the concise information provided on the application of Articles 6, 7, 10, 11, 12, 14, 16, 17, 20 and 21 of the Convention.

The Government states that, in response to the discontent among labour inspectors, who complain of a lack of resources, but above all demand the independence necessary for the exercise of their duties, measures have been taken to modernize a number of obsolete administrative bodies, certain external services have been supplied with office furniture and computer equipment and work areas have been refurbished.

The Government indicates that the human resource requirements of the labour inspectorate were planned for the period 1999-2005, but provides no information on the actual measures taken or envisaged in connection with the planning.

With regard to the conditions of recruitment and training of the labour inspection staff, the Government merely refers to certain general provisions of Act No. 08/1991. Noting that under the terms of section 32 of the Act, these issues are regulated by a specific regulation for each sector of public service, the Committee observes that the Government makes no mention of any text or draft text in reply to its request for information on this matter.

The Government’s response on an issue as fundamental as the reimbursement of the labour inspectors’ travel expenses, is that, in view of the difficult economic situation affecting the country, no measures have yet been taken. The Government thus implicitly recognizes that, although essential to their main duty of supervision, travel is impossible for labour inspectors and their role is thus reduced to a sedentary one as a result. That being so, the information provided by the Government under Articles 12 and 16 of the Convention concerning the right to enter freely and without previous notice at any hour of the day or night any workplace liable to inspection, and concerning the resumption of inspections envisaged in all the enterprises and establishments in the territory, is more theoretical than practical. Moreover, under such conditions it is impossible for a central inspection authority to produce an annual report of inspection activities that contains information allowing an assessment of the application of the Convention.

The Committee wishes once again to draw the Government’s attention to the social and economic importance of implementing each provision of the Convention. In a favourable socio-economic situation, an inspection system based on the principles laid down in the Convention makes it possible to ensure the conditions for durable social peace and harmonious human and economic development. In times of economic and financial difficulties, such a system aims to maintain social achievements and to prevent, to the extent possible, the deterioration of working conditions and workers’ rights and the social, political and economic unrest that can ensue.

The Committee cannot overemphasize the need for the Government to make every effort to secure recognition of the value of the labour inspection system as a tool for establishing and maintaining social peace and to ensure that political and budgetary decisions are implemented for the progressive establishment of such a system, taking due account of national circumstances and after reviewing the current situation. The order of priority of the activities to be undertaken should be determined according to the urgency of the needs and relevant legislation should be adopted and applied to establish appropriate bodies with the adequate human and material means for the goals set. The Committee reminds the Government of the possibility of seeking ILO technical assistance and international economic aid to this end. It hopes that the Government in its next report will not fail to provide evidence of substantive progress in the application of the Convention or, at the very least, of steps taken to this end and the results obtained.

With reference to its general observation of 1999 on the role labour inspectors should play in combating child labour, and noting that the Government is committed to working actively towards this goal, in collaboration with the ILO-IPEC project to combat child labour in West and Central Africa (May 2002), the Committee hopes that the Government will not fail to take prompt measures enabling labour inspectors to put their skills and experience to good use in this context and will regularly provide information on the results of their activities in its future reports.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee refers to its observation in which it notes for the third time running that the Government has provided no information in response to its previous comments. The Committee is therefore bound to renew its request, which read as follows:

        Article 6 of the Convention. With reference to section 244 of the Labour Code, which gives effect to this provision, and with reference also to the information contained in successive reports of the Government on the material difficulties faced by the labour inspectors, the Committee notes that the labour inspectors have demanded greater independence in carrying out their duties. The Committee therefore requests the Government to inform the ILO of any measures taken or planned with a view to giving effect in practice to this provision.

        Article 7. Noting the detailed information provided by the Government concerning the different levels of recruitment of labour inspectors and senior inspectors, the Committee would be grateful if the Government would indicate in its next report the texts governing the initial and subsequent training of these two categories of personnel and to provide copies.

        Article 10. The Committee would be grateful if the Government would indicate the measures taken or planned to boost the number of labour inspectors which are considered to be below strength.

        Article 11(2). The Committee requests the Government to provide information in its next report on the measures taken to reimburse to labour inspectors any travelling and incidental expenses which may be necessary for the fulfilment of their duties.

        Article 12(1)(a). The Committee notes with interest that under the terms of section 237 of the Labour Code, labour inspectors, in accordance with paragraph 1(b) of this provision, are empowered to enter by day any premises which they may have reasonable cause to believe to be liable to inspection. However, with reference to section 1 of the Labour Code, which defines the worker as any person who has undertaken to place his or her professional activity under the direction or authority of another person in return for remuneration, irrespective of the legal status of the employer or employee, the Committee notes that, according to section 237 of the Labour Code, only the employment of persons who are legally protected is liable to unannounced inspection by day or night, employment at night of persons who are not legally protected, even if they are covered by the definition given in section 1 of the Labour Code, being excluded from such inspections, in contravention of Article 12(1)(a), which makes the workplaces themselves liable to inspection, irrespective of the status of the persons employed in them. The Committee hopes that the Government will quickly take the necessary measures to give full effect to this provision and asks it to keep the ILO informed of any progress in this regard.

        Article 14. The Committee notes the information according to which there are significant discrepancies between statistics on industrial accidents and occupational diseases provided for the social insurance bodies and those provided for the inspection services. The Government is asked to make every effort, in particular by establishing conditions for collaboration between the social insurance bodies and the inspection services, to ensure the reliability of the relevant statistical data, which is essential for the development of a strategy for preventing occupational hazards and for the correct application of social protection legislation.

        Article 16. The Committee notes the information according to which inspection visits are made in accordance with the means available to the inspectors. According to information provided by the Government and in the annual inspection reports that have been examined, the means in question are very inadequate in relation to needs. The Committee hopes that the Government will take the necessary measures to ensure that workplaces can be inspected as often and as thoroughly as necessary.

        Article 17. The Committee notes that, in accordance with the exceptions provided for in Article 17(1), according to which persons who violate or neglect to observe legal provisions enforceable by labour inspectors are liable to prompt legal proceedings without previous warning, but that exceptions may be made by national laws or regulations in respect of cases in which previous notice to carry out remedial or preventive measures is to be given, section 225 of the Labour Code stipulates that, with regard to occupational and health matters, infractions of general provisions must give rise to formal notice before any proceedings are initiated. With reference also to Article 17(2), according to which it must be left to the discretion of labour inspectors to give warnings or advice instead of instituting or recommending proceedings, the Committee notes that the practical implementation of section 235 of the Code, which lists the powers of the labour inspectors within the context of their overall task of monitoring the application of labour, employment and social security legislation and regulations, is to be the subject of a decree. The Committee hopes the Government will take the necessary measures when drafting this decree to give inspectors the latitude required by this provision of the Convention.

        Article 18. The Committee wishes to draw the Government’s attention to the fact that the penalties provided for by this provision should not, as provided for by section 227 of the Labour Code, apply only in cases where individual managers or employees have failed to comply with legislation or, as provided for by section 228, in case of accidents in workplaces where infractions have been reported. It should, on the contrary, be possible to apply penalties in all cases where the relevant legislation has been infringed, it being a matter for the competent administrative or judicial authorities to apportion responsibility for any violations and to assess the conditions in which they have occurred. Furthermore, it would be preferable if the amount of fines applicable were fixed by regulations, which can be revised more easily than legislation. The Committee hopes that the Government will take the necessary measures to ensure that the objectives of this provision can be attained and that it will provide information in its next reports on any progress made in this regard.

        Articles 20 and 21. The Committee notes with interest section 247 of the Labour Code according to which inspectors are required within a period of no more than one month to publish an annual inspection report giving the information set out in Article 21. The Committee requests the Government to take the necessary measures to ensure the effective application of this legislative provision and to see to it that a copy of the annual activity report of the labour inspectorate is in future transmitted to the ILO.

        The Committee duly takes note of the Government’s statements concerning the financial difficulties impeding the implementation of measures provided for by legislation to give effect to the Convention. However, the Committee would point out that the labour inspectorate is of fundamental importance for ensuring the application of labour standards and that it should be given the appropriate priority when budget decisions are made. The Committee hopes that the Government will be in a position to indicate in its next report any progress made in this area, and to indicate the measures taken or envisaged to ensure effective application of the relevant provisions of the legislation.

        Lastly, the Committee would be grateful if the Government would transmit copies of any regulations adopted to implement the new Labour Code as soon as they are published.

Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the Government’s report and the table on the overall staff of the labour administration. It also notes the information reporting difficulties in the application of the Convention related to the inadequacy of the material resources available to the labour inspectorate. It wishes to emphasize the need to provide information on the points raised in the comments of the supervisory bodies so that they can discharge their supervisory functions effectively. In this respect, noting with regret that, for the third consecutive time, the Government has not provided the information requested in its previous comments on Articles 6, 7, 10, 11, 12, paragraph 1(a), 14, 16, 18, 20 and 21 of the Convention, the Committee is bound to repeat them once again in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes with regret 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 reads as follows:

The Committee takes note of the Government’s reports and of the information supplied in answer to its earlier comments. The Committee also takes note of the summary inspection report for 1993 and of the comments provided by the Gabonese Confederation of Free Trade Unions concerning the application of the Convention. The Committee further notes the provisions of the Labour Code of 1994, which marks a certain advance in the application of the Convention. In this connection, the Committee notes with interest that under the terms of section 232 labour inspectors are prohibited from having any direct or indirect interest in the undertakings under their supervision, in accordance with Article 15(a) of the Convention. The Committee would be grateful if the Government would provide additional information on the following points:

Article 6.  With reference to section 244 of the Labour Code, which gives effect to this provision, and with reference also to the information contained in successive reports of the Government on the material difficulties faced by the labour inspectors, the Committee notes that the labour inspectors have demanded greater independence in carrying out their duties. The Committee therefore requests the Government to inform the ILO of any measures taken or planned with a view to giving effect in practice to this provision.

Article 7.  Noting the detailed information provided by the Government concerning the different levels of recruitment of labour inspectors and senior inspectors, the Committee would be grateful if the Government would indicate in its next report the texts governing the initial and subsequent training of these two categories of personnel and to provide copies.

Article 10.  The Committee would be grateful if the Government would indicate the measures taken or planned to boost the number of labour inspectors which are considered to be below strength.

Article 11(2).  The Committee requests the Government to provide information in its next report on the measures taken to reimburse to labour inspectors any travelling and incidental expenses which may be necessary for the fulfilment of their duties.

Article 12(1)(a).  The Committee notes with interest that under the terms of section 237 of the Labour Code, labour inspectors, in accordance with paragraph 1(b) of this provision, are empowered to enter by day any premises which they may have reasonable cause to believe to be liable to inspection. However, with reference to section 1 of the Labour Code, which defines the worker as any person who has undertaken to place his or her professional activity under the direction or authority of another person in return for remuneration, irrespective of the legal status of the employer or employee, the Committee notes that, according to section 237 of the Labour Code, only the employment of persons who are legally protected is liable to unannounced inspection by day or night, employment at night of persons who are not legally protected, even if they are covered by the definition given in section 1 of the Labour Code, being excluded from such inspections, in contravention of Article 12(1)(a), which makes the workplaces themselves liable to inspection, irrespective of the status of the persons employed in them. The Committee hopes that the Government will quickly take the necessary measures to give full effect to this provision and asks it to keep the ILO informed of any progress in this regard.

Article 14.  The Committee notes the information according to which there are significant discrepancies between statistics on industrial accidents and occupational diseases provided for the social insurance bodies and those provided for the inspection services. The Government is asked to make every effort, in particular by establishing conditions for collaboration between the social insurance bodies and the inspection services, to ensure the reliability of the relevant statistical data, which is essential for the development of a strategy for preventing occupational hazards and for the correct application of social protection legislation.

Article 16.  The Committee notes the information according to which inspection visits are made in accordance with the means available to the inspectors. According to information provided by the Government and in the annual inspection reports that have been examined, the means in question are very inadequate in relation to needs. The Committee hopes that the Government will take the necessary measures to ensure that workplaces can be inspected as often and as thoroughly as necessary.

Article 17.  The Committee notes that, in accordance with the exceptions provided for in Article 17(1), according to which persons who violate or neglect to observe legal provisions enforceable by labour inspectors are liable to prompt legal proceedings without previous warning, but that exceptions may be made by national laws or regulations in respect of cases in which previous notice to carry out remedial or preventive measures is to be given, section 225 of the Labour Code stipulates that, with regard to occupational and health matters, infractions of general provisions must give rise to formal notice before any proceedings are initiated. With reference also to Article 17(2), according to which it must be left to the discretion of labour inspectors to give warnings or advice instead of instituting or recommending proceedings, the Committee notes that the practical implementation of section 235 of the Code, which lists the powers of the labour inspectors within the context of their overall task of monitoring the application of labour, employment and social security legislation and regulations, is to be the subject of a decree. The Committee hopes the Government will take the necessary measures when drafting this decree to give inspectors the latitude required by this provision of the Convention.

Article 18.  The Committee wishes to draw the Government’s attention to the fact that the penalties provided for by this provision should not, as provided for by section 227 of the Labour Code, apply only in cases where individual managers or employees have failed to comply with legislation or, as provided for by section 228, in case of accidents in workplaces where infractions have been reported. It should, on the contrary, be possible to apply penalties in all cases where the relevant legislation has been infringed, it being a matter for the competent administrative or judicial authorities to apportion responsibility for any violations and to assess the conditions in which they have occurred. Furthermore, it would be preferable if the amount of fines applicable were fixed by regulations, which can be revised more easily than legislation. The Committee hopes that the Government will take the necessary measures to ensure that the objectives of this provision can be attained and that it will provide information in its next reports on any progress made in this regard.

Articles 20 and 21.  The Committee notes with interest section 247 of the Labour Code according to which inspectors are required within a period of no more than one month to publish an annual inspection report giving the information set out in Article 21. The Committee requests the Government to take the necessary measures to ensure the effective application of this legislative provision and to see to it that a copy of the annual activity report of the labour inspectorate is in future transmitted to the ILO.

The Committee duly takes note of the Government’s statements concerning the financial difficulties impeding the implementation of measures provided for by legislation to give effect to the Convention. However, the Committee would point out that the labour inspectorate is of fundamental importance for ensuring the application of labour standards and that it should be given the appropriate priority when budget decisions are made. The Committee hopes that the Government will be in a position to indicate in its next report any progress made in this area, and to indicate the measures taken or envisaged to ensure effective application of the relevant provisions of the legislation.

Lastly, the Committee would be grateful if the Government would transmit copies of any regulations adopted to implement the new Labour Code as soon as they are published.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

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 takes note of the Government's reports and of the information supplied in answer to its earlier comments. The Committee also takes note of the summary inspection report for 1993 and of the comments provided by the Gabonese Confederation of Free Trade Unions concerning the application of the Convention. The Committee further notes the provisions of the Labour Code of 1994, which marks a certain advance in the application of the Convention. In this connection, the Committee notes with interest that under the terms of section 232 labour inspectors are prohibited from having any direct or indirect interest in the undertakings under their supervision, in accordance with Article 15(a) of the Convention. The Committee would be grateful if the Government would provide additional information on the following points:

Article 6. With reference to section 244 of the Labour Code, which gives effect to this provision, and with reference also to the information contained in successive reports of the Government on the material difficulties faced by the labour inspectors, the Committee notes that the labour inspectors have demanded greater independence in carrying out their duties. The Committee therefore requests the Government to inform the ILO of any measures taken or planned with a view to giving effect in practice to this provision.

Article 7. Noting the detailed information provided by the Government concerning the different levels of recruitment of labour inspectors and senior inspectors, the Committee would be grateful if the Government would indicate in its next report the texts governing the initial and subsequent training of these two categories of personnel and to provide copies.

Article 10. The Committee would be grateful if the Government would indicate the measures taken or planned to boost the number of labour inspectors which are considered to be below strength.

Article 11, paragraph 2. The Committee requests the Government to provide information in its next report on the measures taken to reimburse to labour inspectors any travelling and incidental expenses which may be necessary for the fulfilment of their duties.

Article 12, paragraph 1(a). The Committee notes with interest that under the terms of section 237 of the Labour Code, labour inspectors, in accordance with paragraph 1(b) of this provision, are empowered to enter by day any premises which they may have reasonable cause to believe to be liable to inspection. However, with reference to section 1 of the Labour Code, which defines the worker as any person who has undertaken to place his or her professional activity under the direction or authority of another person in return for remuneration, irrespective of the legal status of the employer or employee, the Committee notes that, according to section 237 of the Labour Code, only the employment of persons who are legally protected is liable to unannounced inspection by day or night, employment at night of persons who are not legally protected, even if they are covered by the definition given in section 1 of the Labour Code, being excluded from such inspections, in contravention of Article 12, paragraph 1(a), which makes the workplaces themselves liable to inspection, irrespective of the status of the persons employed in them. The Committee hopes that the Government will quickly take the necessary measures to give full effect to this provision and asks it to keep the ILO informed of any progress in this regard.

Article 14. The Committee notes the information according to which there are significant discrepancies between statistics on industrial accidents and occupational diseases provided for the social insurance bodies and those provided for the inspection services. The Government is asked to make every effort, in particular by establishing conditions for collaboration between the social insurance bodies and the inspection services, to ensure the reliability of the relevant statistical data, which is essential for the development of a strategy for preventing occupational hazards and for the correct application of social protection legislation.

Article 16. The Committee notes the information according to which inspection visits are made in accordance with the means available to the inspectors. According to information provided by the Government and in the annual inspection reports that have been examined, the means in question are very inadequate in relation to needs. The Committee hopes that the Government will take the necessary measures to ensure that workplaces can be inspected as often and as thoroughly as necessary.

Article 17. The Committee notes that, in accordance with the exceptions provided for in paragraph 1, according to which persons who violate or neglect to observe legal provisions enforceable by labour inspectors are liable to prompt legal proceedings without previous warning, but that exceptions may be made by national laws or regulations in respect of cases in which previous notice to carry out remedial or preventive measures is to be given, section 225 of the Labour Code stipulates that, with regard to occupational and health matters, infractions of general provisions must give rise to formal notice before any proceedings are initiated. With reference also to paragraph 2, according to which it must be left to the discretion of labour inspectors to give warnings or advice instead of instituting or recommending proceedings, the Committee notes that the practical implementation of section 235 of the Code, which lists the powers of the labour inspectors within the context of their overall task of monitoring the application of labour, employment and social security legislation and regulations, is to be the subject of a decree. The Committee hopes the Government will take the necessary measures when drafting this decree to give inspectors the latitude required by this provision of the Convention.

Article 18. The Committee wishes to draw the Government's attention to the fact that the penalties provided for by this provision should not, as provided for by section 227 of the Labour Code, apply only in cases where individual managers or employees have failed to comply with legislation or, as provided for by section 228, in case of accidents in workplaces where infractions have been reported. It should, on the contrary, be possible to apply penalties in all cases where the relevant legislation has been infringed, it being a matter for the competent administrative or judicial authorities to apportion responsibility for any violations and to assess the conditions in which they have occurred. Furthermore, it would be preferable if the amount of fines applicable were fixed by regulations, which can be revised more easily than legislation. The Committee hopes that the Government will take the necessary measures to ensure that the objectives of this provision can be attained and that it will provide information in its next reports on any progress made in this regard.

Articles 20 and 21. The Committee notes with interest section 247 of the Labour Code according to which inspectors are required within a period of no more than one month to publish an annual inspection report giving the information set out in Article 21. The Committee requests the Government to take the necessary measures to ensure the effective application of this legislative provision and to see to it that a copy of the annual activity report of the labour inspectorate is in future transmitted to the ILO.

The Committee duly takes note of the Government's statements concerning the financial difficulties impeding the implementation of measures provided for by legislation to give effect to the Convention. However, the Committee would point out that the labour inspectorate is of fundamental importance for ensuring the application of labour standards and that it should be given the appropriate priority when budget decisions are made. The Committee hopes that the Government will be in a position to indicate in its next report any progress made in this area, and to indicate the measures taken or envisaged to ensure effective application of the relevant provisions of the legislation.

Lastly, the Committee would be grateful if the Government would transmit copies of any regulations adopted to implement the new Labour Code as soon as they are published.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee takes note of the Government's reports and of the information supplied in answer to its earlier comments. The Committee also takes note of the summary inspection report for 1993 and of the comments provided by the Gabonese Confederation of Free Trade Unions concerning the application of the Convention. The Committee further notes the provisions of the Labour Code of 1994, which marks a certain advance in the application of the Convention. In this connection, the Committee notes with interest that under the terms of section 232 labour inspectors are prohibited from having any direct or indirect interest in the undertakings under their supervision, in accordance with Article 15(a) of the Convention. The Committee would be grateful if the Government would provide additional information on the following points:

Article 6. With reference to section 244 of the Labour Code, which gives effect to this provision, and with reference also to the information contained in successive reports of the Government on the material difficulties faced by the labour inspectors, the Committee notes that the labour inspectors have demanded greater independence in carrying out their duties. The Committee therefore requests the Government to inform the ILO of any measures taken or planned with a view to giving effect in practice to this provision.

Article 7. Noting the detailed information provided by the Government concerning the different levels of recruitment of labour inspectors and senior inspectors, the Committee would be grateful if the Government would indicate in its next report the texts governing the initial and subsequent training of these two categories of personnel and to provide copies.

Article 10. The Committee would be grateful if the Government would indicate the measures taken or planned to boost the number of labour inspectors which are considered to be below strength.

Article 11, paragraph 2. The Committee requests the Government to provide information in its next report on the measures taken to reimburse to labour inspectors any travelling and incidental expenses which may be necessary for the fulfilment of their duties.

Article 12, paragraph 1(a). The Committee notes with interest that under the terms of section 237 of the Labour Code, labour inspectors, in accordance with paragraph 1(b) of this provision, are empowered to enter by day any premises which they may have reasonable cause to believe to be liable to inspection. However, with reference to section 1 of the Labour Code, which defines the worker as any person who has undertaken to place his or her professional activity under the direction or authority of another person in return for remuneration, irrespective of the legal status of the employer or employee, the Committee notes that, according to section 237 of the Labour Code, only the employment of persons who are legally protected is liable to unannounced inspection by day or night, employment at night of persons who are not legally protected, even if they are covered by the definition given in section 1 of the Labour Code, being excluded from such inspections, in contravention of Article 12, paragraph 1(a), which makes the workplaces themselves liable to inspection, irrespective of the status of the persons employed in them. The Committee hopes that the Government will quickly take the necessary measures to give full effect to this provision and asks it to keep the ILO informed of any progress in this regard.

Article 14. The Committee notes the information according to which there are significant discrepancies between statistics on industrial accidents and occupational diseases provided for the social insurance bodies and those provided for the inspection services. The Government is asked to make every effort, in particular by establishing conditions for collaboration between the social insurance bodies and the inspection services, to ensure the reliability of the relevant statistical data, which is essential for the development of a strategy for preventing occupational hazards and for the correct application of social protection legislation.

Article 16. The Committee notes the information according to which inspection visits are made in accordance with the means available to the inspectors. According to information provided by the Government and in the annual inspection reports that have been examined, the means in question are very inadequate in relation to needs. The Committee hopes that the Government will take the necessary measures to ensure that workplaces can be inspected as often and as thoroughly as necessary.

Article 17. The Committee notes that, in accordance with the exceptions provided for in paragraph 1, according to which persons who violate or neglect to observe legal provisions enforceable by labour inspectors are liable to prompt legal proceedings without previous warning, but that exceptions may be made by national laws or regulations in respect of cases in which previous notice to carry out remedial or preventive measures is to be given, section 225 of the Labour Code stipulates that, with regard to occupational and health matters, infractions of general provisions must give rise to formal notice before any proceedings are initiated. With reference also to paragraph 2, according to which it must be left to the discretion of labour inspectors to give warnings or advice instead of instituting or recommending proceedings, the Committee notes that the practical implementation of section 235 of the Code, which lists the powers of the labour inspectors within the context of their overall task of monitoring the application of labour, employment and social security legislation and regulations, is to be the subject of a decree. The Committee hopes the Government will take the necessary measures when drafting this decree to give inspectors the latitude required by this provision of the Convention.

Article 18. The Committee wishes to draw the Government's attention to the fact that the penalties provided for by this provision should not, as provided for by section 227 of the Labour Code, apply only in cases where individual managers or employees have failed to comply with legislation or, as provided for by section 228, in case of accidents in workplaces where infractions have been reported. It should, on the contrary, be possible to apply penalties in all cases where the relevant legislation has been infringed, it being a matter for the competent administrative or judicial authorities to apportion responsibility for any violations and to assess the conditions in which they have occurred. Furthermore, it would be preferable if the amount of fines applicable were fixed by regulations, which can be revised more easily than legislation. The Committee hopes that the Government will take the necessary measures to ensure that the objectives of this provision can be attained and that it will provide information in its next reports on any progress made in this regard.

Articles 20 and 21. The Committee notes with interest section 247 of the Labour Code according to which inspectors are required within a period of no more than one month to publish an annual inspection report giving the information set out in Article 21. The Committee requests the Government to take the necessary measures to ensure the effective application of this legislative provision and to see to it that a copy of the annual activity report of the labour inspectorate is in future transmitted to the ILO.

The Committee duly takes note of the Government's statements concerning the financial difficulties impeding the implementation of measures provided for by legislation to give effect to the Convention. However, the Committee would point out that the labour inspectorate is of fundamental importance for ensuring the application of labour standards and that it should be given the appropriate priority when budget decisions are made. The Committee hopes that the Government will be in a position to indicate in its next report any progress made in this area, and to indicate the measures taken or envisaged to ensure effective application of the relevant provisions of the legislation.

Lastly, the Committee would be grateful if the Government would transmit copies of any regulations adopted to implement the new Labour Code as soon as they are published.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes with regret 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:

Articles 10 and 11, paragraph 1, of the Convention. Further to its previous comments, the Committee notes that no additional information has been provided concerning staffing of the labour inspectorate, its office facilities and transport. The Committee hopes that the Government will provide with its next report full information on the situation and measures which have been taken or are envisaged to provide the conditions under which the labour inspectorate can effectively perform its duties.

Articles 20 and 21. The Committee notes that no "summary note" on the activities of the labour inspection services has been provided since that for 1988. It hopes that the Government will, within the time-limits established by the Convention, publish and send annual reports on the activities of the inspection services with all the information required by Article 21.

Article 7, paragraph 3. The Committee would be grateful if the Government would, with its next report, provide an appreciation of how in practice ILO-sponsored training of labour inspectors has improved the operation of the labour inspectorate in ensuring the effective application of the relevant legal provisions.

The Committee also hopes the Government will supply all relevant information in reply to the observation of the Gabon Trade Union Confederation.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes with regret 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 following matter raised in its previous direct request, which read as follows:

Articles 10 and 11, paragraph 1, of the Convention. Further to its previous comments, the Committee notes that no additional information has been provided concerning staffing of the labour inspectorate, its office facilities and transport. The Committee hopes that the Government will provide with its next report full information on the situation and measures which have been taken or are envisaged to provide the conditions under which the labour inspectorate can effectively perform its duties.

Articles 20 and 21. The Committee notes that no "summary note" on the activities of the labour inspection services has been provided since that for 1988. It hopes that the Government will, within the time-limits established by the Convention, publish and send annual reports on the activities of the inspection services with all the information required by Article 21.

Article 7, paragraph 3. The Committee would be grateful if the Government would, with its next report, provide an appreciation of how in practice recent ILO-sponsored training of labour inspectors has improved the operation of the labour inspectorate in ensuring the effective application of the relevant legal provisions.

The Committee also hopes the Government will supply all relevant information in reply to the observation of the Gabon Trade Union Confederation.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

Articles 10 and 11, paragraph 1, of the Convention. Further to its previous comments, the Committee notes that no additional information has been provided concerning staffing of the labour inspectorate, its office facilities and transport. The Committee hopes that the Government will provide with its next report full information on the situation and measures which have been taken or are envisaged to provide the conditions under which the labour inspectorate can effectively perform its duties.

Articles 20 and 21. The Committee notes that no "summary note" on the activities of the labour inspection services has been provided since that for 1988. It hopes that the Government will, within the time-limits established by the Convention, publish and send annual reports on the activities of the inspection services with all the information required by Article 21.

Article 7, paragraph 3. The Committee would be grateful if the Government would, with its next report, provide an appreciation of how in practice recent ILO-sponsored training of labour inspectors has improved the operation of the labour inspectorate in ensuring the effective application of the relevant legal provisions.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

Articles 10 and 11, paragraph 1, of the Convention. The Committee notes, from the summary note on the reports on the activity of the labour inspection services for 1988, that the inspection activities of the inspection services are limited by the shortage of staff, the lack of suitable offices and the lack of means of transport. It hopes that the Government will take all the measures that are necessary to provide the conditions under which the labour inspectorate can effectively perform its duties and requests the Government to supply information in its future reports on any progress achieved in this respect.

Article 21. The Committee notes with interest the summary note on the reports on the activity of the labour inspection services for 1988. It trusts that in future the summary note will include information on all the subjects set out in Article 21.