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

Labour Inspection (Agriculture) Convention, 1969 (No. 129) - Togo (Ratification: 2012)

The Committee notes the Government’s first report, which was received on 1 September 2014.

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

Technical assistance. The Committee notes the technical assistance provided by the ILO in the framework of the time-bound programme relating to international labour standards financed by the Special Programme Account (SPA), as established by the ILO Governing Body at its 310th Session (March 2011). It notes that, in this context, a workshop was held in Lomé from 2 to 6 September 2013 for the purpose of identifying gaps in the legislation and difficulties with respect to application in practice, in relation to the provisions of Convention No. 81, Convention No. 129, and the Labour Administration Convention, 1978 (No. 150), with a view to bringing national law and practice into conformity with these Conventions. The Committee asks the Government to refer to the Committee’s comments on Convention No. 81 in this respect.

Article 5(3) of the Convention. Extension of the labour inspection system to self-employed agricultural workers. The Committee requests that the Government indicate to what extent it has given effect, or proposes to give effect, to the provisions of the Convention as regards the extension of the labour inspection system in agriculture to one or more categories of persons referred to in Article 5(1), namely: (a) tenants who do not engage outside help, sharecroppers and similar categories of agricultural workers; (b) persons participating in a collective economic enterprise, such as members of a cooperative; and (c) members of the family of the operator of the undertaking, as defined by national laws or regulations.

Article 6(2). Labour inspection powers in agriculture. The Committee requests that the Government indicate whether national laws or regulations give labour inspectors in agriculture advisory or enforcement functions in relation to legal provisions relating to the living conditions of workers and their families, in accordance with this provision of the Convention.

Article 8(2). Labour inspection staff in agriculture. The Government is requested to indicate whether, and in what manner, officials or representatives of occupational organizations have been included in the labour inspection system. If so, the Committee asks the Government to provide details of their status, their conditions of service and the powers granted to them in the performance of their duties.

Article 9(3). Adequate training for labour inspectors in agriculture. The Committee notes the Government’s indication that, at the time of entry into service, inspectors must serve a one-year probationary period for training purposes, and steps are taken to provide labour inspectors with further training regarding the use of chemicals in agriculture. The Committee asks the Government to indicate whether, as required by this Article of the Convention, measures other than the requirement of a one-year probationary period are adopted to provide labour inspectors in agriculture with adequate initial training for the performance of their duties. It also requests the Government to supply details of further training for labour inspectors regarding the use of chemicals in agriculture, indicating the duration of the training, the subjects covered, the number of participants, the training body concerned, and also to indicate whether measures are contemplated to provide labour inspectors in agriculture with training relating in particular to controls on agricultural plant and machinery, the identification of occupational risks linked to machinery, and the means for reducing or eliminating such risks.

Article 17. Preventive control of new plant, new materials or substances and new methods. The Committee notes that, under section 206 of the Labour Code, any person who proposes to open an undertaking or establishment must make a prior declaration to that effect to the competent inspector of labour and social legislation. Failure to comply with this provision may result in the closure of the undertaking or establishment for a maximum period of one month. Orders issued by the Minister of Labour, subject to the prior opinion of the National Labour Council, establish the procedures and time limits for making this declaration. The Committee asks the Government to send copies of the orders adopted pursuant to this section of the Labour Code.

Article 19. Association of labour inspectors with inquiries into the causes of the most serious occupational accidents and occupational diseases. The Committee requests the Government to state whether measures have been taken or contemplated to associate labour inspectors in agriculture with on-the-spot inquiries into the causes of the most serious occupational accidents and occupational diseases, particularly of those affecting a number of workers or having fatal consequences. If so, the Government is asked to send copies of any related legal texts.

Articles 25, 26 and 27. Periodic reports and annual report. The Government indicates that periodic reports are drawn up but that no copies are available. The Committee asks the Government to provide information on the manner in which periodic reports are drawn up, the matters they cover and the intervals at which they are produced. It further requests the Government to ensure that an annual report on the work of the inspection services in agriculture, containing information on all the subjects listed in Article 27(a)–(g), is published and sent to the Office, either as a separate report or as part of its general annual report on labour inspection, within the time limits prescribed by Article 26 of the Convention.