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

Safety Provisions (Building) Convention, 1937 (No. 62) - Central African Republic (Ratification: 1964)

The Committee welcomes the information regarding the newly adopted Labour Code Law No. 09.004 of 29 January 2009 including the reference made to its section 300 which provides, inter alia, that the Ministry of Labour together with the Ministry of Health shall adopt regulations concerning occupational safety and health in consultation with the National Council for the Prevention of Occupational Hazards. The Committee notes that this provision paves the way for the adoption of the legislation required for implementation of the provisions of the present Convention. The report is silent, however, as to whether any such regulations have been or are being prepared. With reference to the request for information on the practical application of the Convention, the Committee notes that the Government reiterates that the Ministry of Labour does not currently have at its disposal reliable statistics in this field.

Against this background, the Committee is bound to repeat its previous observation which read as follows:

Introduction into national legislation of the standards set forth in ratified Conventions. In its previous comments, the Committee drew the Government’s attention to the need to adopt measures in laws and regulations to give effect to the provisions contained in the Convention even if, as stated by the Government, under the Constitution of 4 January 1995, international agreements, treaties and Conventions that are duly ratified by the Republic have the force of national law.

The Committee recalls that the incorporation into national legislation of the provisions of ratified Conventions, from the mere fact of their ratification, is not sufficient to give effect to them at the national level in all cases in which the provisions are not self-executing, that is where they require special measures for their application, which is the case, at least, for Part I of the Convention. Furthermore, special measures are also needed to establish penalties for non observance of the standards set forth in the instrument, which is the case of Article 3(c) of the Convention.

The Committee once again draws the Government’s attention to Article 1(1) of the Convention, in accordance with which each Member which ratifies the Convention undertakes to maintain in force, laws or regulations which ensure the application of the General Rules set forth in Parts II–IV of the Convention. In this respect, the Committee recalls that draft texts were prepared following the direct contacts which took place in 1978 and 1980 with the responsible government services. The Committee is bound to express the firm hope that the relevant texts will be adopted in the very near future.

The Committee recalls that, under this Article of the Convention, each Member which ratifies the Convention undertakes to communicate the latest statistical information indicating the number and classification of accidents in an enterprise or sector. The Committee once again hopes that the Government will soon be in a position to indicate the measures which have been taken to give effect to the Convention on this point and to supply the appropriate statistical information.

Article 6 of the Convention. Statistics of accidents. For a number of years, the Committee has been noting the absence, in the Government’s reports, of statistical information relating to the number and classification of accidents occurring in the building sector. In its last report, the Government states that the Labour Department does not currently have at its disposal reliable statistics in this field.

With reference to its comments in relation to the application of the Government of the Occupational Safety and Health Convention, 1981 (No. 155), this year, the Committee urges the Government to make every effort to take the necessary action in the near future and provide detailed information in this respect.