Labour Inspection (Agriculture) Convention, 1969 (No. 129) - Guyana (Ratification: 1971)

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on labour inspection, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection) and 129 (labour inspection in agriculture) together.

Articles 3(1)(a) and (b), 5(a), 13, 17 and 18 of Convention No. 81 and Articles 6(1)(a) and (b), 12(1), 18, 22, 23 and 24 of Convention No.129. Enforcement and advisory functions of labour inspection. 1. Enforcement mechanisms and cooperation with the justice system. In reply to the Committee’s previous comment, the Government indicates that when employers are found to be in breach of any legal requirement, they are given a citation to remedy the infringement within a specific timeframe (from five to 14 days). A follow-up inspection takes place to ensure that the employer has complied with the citation. If the infringement is not remedied, legislation provides for prosecution. The Government indicates that the Ministry of Labour filed a total of 763 charges in 2021, with 70 per cent of the charges concerning two security companies and the remaining 30 per cent against twenty other employers. The Ministry has closed 47 cases in 2021 and the remaining matters are still before the courts.

In reply to the Committee’s previous comment on the extent of effective cooperation between the labour inspection services and the judicial authorities,the Government indicates that the officers of the Ministry of Labour usually receive full cooperation from the judicial clerks and staff with regard to the prosecution process, especially with the filing and serving of claims and summons. Moreover, the Government indicates that the Ministry of Labour is planning to collaborate with the Office of the Director of Public Prosecution to implement prosecutorial training for labour and OSH officers. The Committee requests the Government to continue to provide detailed information on the enforcement activities of the labour inspectorate, and again requests that this information include not only the detection of infringements, but also the issuance of non-compliance notices, the initiation or recommendation of prosecutions and their outcome (number of convictions in relation to the infringements reported, amount of penalties imposed, etc.), including in the agricultural sector. The Committee also requests the Government to provide information on the cooperation with the Director of Public Prosecution on the implementation of training for labour inspectors.

2. Activities of the labour inspectorate in the area of occupational safety and health (OSH). The Government indicates that the Occupational Safety and Health Department, within the Ministry of Labour, aims to improve working conditions and environment in Guyana with an emphasis on preventive measures. The Government indicates that while breaches of the OSH Act have been found in some instances, the focus is on getting workplaces to voluntarily comply with the requirements of the OSH Act. The Government indicates that there have been occasions where work activities have been suspended due to the failure of some employers to provide adequate personal protective equipment for the employees. The Government notes that in these cases, occurring mainly in the construction sector, work was resumed following the necessary compliance. Concerning training, the Government indicates that the OSH Department provided a two-day training for joint workplace safety and health committee representatives. In 2021, 18 training programmes were conducted for members of 18 Joint Workplace Safety and Health Committees in both the public and private sectors, and approximately 200 persons were trained. Moreover, according to the Government, the Ministry of Labour held training seminars with the labour and occupational safety and health (OSH) officers in all regions to enhance their understanding of labour and OSH legislation, as well as the process and practices regarding inspections. The Committee requests the Government to provide details on the enforcement activities of the labour inspectors in the field of OSH, such as the number of compliance and suspension orders issued, including in the agricultural sector. It also requests the Government to continue to provide information on the OSH training delivered to labour inspectors, including the subject matter of the sessions and the numbers of persons attending.

Article 3(2) of Convention No. 81 and Article 6(2) of Convention No. 129. Additional duties entrusted to labour inspectors. The Committee previously noted that “labour inspectors” referred to in the Government’s report seemed to be the same as the “labour officers” referred to in the annual report of the Labour and Occupational Safety and Health Department (LOSHD). It appeared that labour inspectors (or labour officers) were entrusted with a variety of functions within the mandate of the LOSHD, in addition to the functions within the meaning of the Convention. These functions include the conciliation of labour disputes and the settlement of complaints. The Government indicates that the terms labour inspectors and labour officers are used interchangeably in Guyana. It adds that the primary functions of the labour officers are to conduct inspections at industrial establishments to ensure compliance with labour laws, and to resolve complaints and disputes between employers and workers. Labour officers are expected to conduct inspections three days per week. The Committee notes that the agricultural sector accounted for 2.9 per cent of complaints received by the Ministry of Labour from employees. The Committee requests the Government to continue to provide information on the time and resources that labour inspectors spend on conciliation and settlement of complaints compared to activities aiming at securing the enforcement of legal provisions relating to conditions of work and the protection of workers. It also requests the Government to provide the number of mediation cases and the number of complaints received and settled by labour inspectors.

Articles 11 and 16 of Convention No. 81 and Articles 15 and 21 of Convention No. 129. Material resources of the labour inspectorate and frequency of inspection visits. Material and logistical resources, including transport facilities, and safety of labour inspectors. The Government indicates that the Ministry of Labour conducted 960 inspections in 2021 to secure the enforcement of labour laws relating to conditions of work and the protection of workers, including provisions on working hours, wages, weekly rest, holidays, OSH, and employment of young persons. It adds that in 2021 inspection data was not disaggregated by sector and indicates that such break down will be implemented as of 2022. The Government states that there are no dedicated officers for inspections in the agricultural sector. The Committee also notes the Government’s indication that labour and OSH officers are employed in all regions of Guyana, except Region 8, to ensure that workplaces are inspected as often as possible, including in remote areas. There is, however, a transportation challenge in the hinterland regions, with a need for all-terrain vehicles, boats and engines. With respect to the measures taken to ensure the safety of inspection staff, the Government indicates that the Ministry of Labour collaborates with the Geology and Mines Commission, the Guyana Forestry Commission, the Ministry of Natural Resources, the Guyana Police Force and other authorities to conduct inspections whenever it anticipates an unsafe climate. The Government adds, however, that the need for collaboration to protect inspection staff has not arisen during the reporting period. The Committee requests the Government to continue to provide information on the measures taken to ensure that all workplaces are inspected as often and as thoroughly as necessary, including in remote areas and in the agricultural sector and that labour inspectors are equipped with transport facilities for this purpose.

Article 14 of Convention No. 81 and Article 19 of Convention No. 129. Notification to the labour inspectorate of industrial accidents and cases of occupational diseases. The Government indicates that an employer is required to report cases of fatalities without delay and accidents that require workers to be away from work for at least one day must be reported within four days. In the case of occupational diseases, every medical practitioner who attends to a patient who is believed to be suffering from an occupational disease is required to notify the OSH Authority. An employer is also required to notify the OSH Authority in writing if he has reason to believe that an employee is suffering from an occupational disease. The Committee notes the Government’s indication that there is compliance to a large extent, mostly by large and medium-sized enterprises, with respect to reporting cases of accidents. For 2021, the Government notes that there were a total of 164 non-fatal occupational accidents in the agricultural sector (fisheries, sugar and farming) reported to the Ministry of Labour. The Government adds, however, that notifications are rarely received for occupational diseases. The Government indicates that the Ministry of Labour is planning to work with the Ministry of Health and the National Insurance Scheme to address reporting deficiencies. The Committee notes that the Ministry of Labour, with the assistance of the ILO, trained a number of OSH officers in March 2022 on recording and notification of occupational accidents and diseases. In April 2022, the Ministry of Labour obtained equipment to develop and implement a recording and notification system of occupational accidents and diseases. The Committee requests the Government to continue to provide information on the measures taken to ensure that labour inspectors are notified of both industrial accidents and cases of occupational disease so that they are in a position to identify the occupational risks inherent in the various activities carried out in the workplaces liable to inspection and can take appropriate preventive measures. In light of the large number of occupational accidents in the agricultural sector in 2021, the Committee requests that the Government explain any steps taken or contemplated to focus greater attention on safety and health risks in the agricultural sector. The Committee also requests the Government to indicate the outcome of the actions taken in cooperation with the Ministry of Health in order to address the reporting deficiencies of occupational diseases and to provide information on the implementation of the notification system for occupational accidents and diseases. It further requests the Government to provide information on the number of occupational accidents and diseases notified to labour inspectors, disaggregated by sector to the extent possible.

Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on labour inspection, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection) and 129 (labour inspection in agriculture) together.

Articles 6 and 10 of Convention No. 81 and Articles 8 and 14 of Convention No. 129. Status and conditions of service of labour inspectors and number of labour inspectors. The Committee previously noted from the annual report of the Labour and Occupational Safety and Health Department (LOSHD) that, due to resignations or non-renewal of contracts, the number of labour inspection staff significantly decreased, and that it was not possible to find suitable candidates to fill the vacant positions. The Committee further recalled its earlier observation, according to which the salary of labour inspectors was less than half that of tax inspectors and approximately half that of National Insurance Scheme Inspectors. The Government indicates that, in 2021, the Ministry of Labour filled all the vacancies for labour officers and that promotion from labour officer to senior labour officer is possible and is based on performance. The Government indicates that a total of 12 labour officers and nine occupational safety and health (OSH) officers were hired in 2021. The Committee notes the Government’s indication that salary scales have not been revised, but are comparable with those in the public service. The Committee requests the Government to continue to provide information on the total number of labour inspectors and to indicate the number of new recruitments and promotions of incumbent staff. It also requests the Government to provide details on the salary scale and career stability of labour inspectors and to provide a comparison in relation to those of other similar categories of public officials, specifically including tax inspectors and National Insurance Scheme Inspectors.

Articles 20 and 21 of Convention No. 81 and Articles 25, 26 and 27 of Convention No. 129. Annual labour inspection reports. Concerning the Committee’s previous comment on the establishment of a register of workplaces liable to inspection and the number of workers employed therein, the Government indicates in its report that there is a requirement for industrial workplaces to register with the Ministry of Labour on a yearly basis by, for example, indicating the number of workers being employed. The Government notes, however, that not all industrial establishments are registering with the Ministry and that efforts are being made to ensure that this registration takes place. The Government indicates that employers are informed that the failure to register with the Ministry of Labour is a breach of the OSH Act and that legal actions may be instituted against them. For the years 2020 and 2021, a total of 424 workplaces were registered, mainly for businesses located in Region 4. The Government notes that a strategy is being designed to establish a similar system in other regions to facilitate the registration process. The Committee notes the Government’s indication that ILO technical assistance would be welcomed to establish a recording system to facilitate the registration of workplaces. The Committee notes that no labour inspection report was transmitted to the ILO and that the Government report contains limited information on the activities of labour inspectors for 2021, such as the number of inspection visits, the number of charges filed and the number of non-fatal occupational accidents in the agricultural sector. Therefore, the Committee requests the Government to pursue its effort to ensure that the labour inspection report is compiled and published in accordance with Article 20 of Convention No. 81 and Articles 25 and 26 of Convention No. 129 and that such report contains information on all the subjects listed in Article 21 of Convention No. 81 and Article 27 of Convention No. 129. The Committee hopes that the technical assistance requested by the Government will be provided in the near future, with a view to ensuring the establishment of a register of enterprises and full compliance with Articles 20 and 21 of Convention No. 81 and Articles 25, 26 and 27 of Convention No. 129.

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

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

The Committee 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.

Articles 6, 26 and 27 of the Convention. Labour inspection activities in the agricultural sector and content of the annual report on the work of the labour inspectorate. The Committee notes from the information provided in the annual report for 2012 concerning the activities of the Labour and Occupational Safety and Health Department (LOSHD) of the Ministry of Labour, Human Services and Social Security that, despite the high number of industrial accidents in sugar plantations in 2012 (423 of 738 accidents occurred in this sector), the labour inspectorate only performed a single inspection for the whole sector in 2012.

Furthermore, the Committee notes that the general annual labour inspection report provided by the Government only contains succinct information on the activities of the labour inspection services in agriculture (that is the number of inspection visits in sugar plantations and agriculture, and the number of occupational accidents in sugar plantations). It is therefore, once again, bound to observe that the statistical information provided by the Government is insufficient with regard to the level of information required in Article 27(a)–(g) and does not allow the Committee to assess the application of the Convention in practice. Referring to its general observations of 2009 and 2010, the Committee, once again, requests that the Government take the necessary measures, if need be with technical assistance from the Office, to enable the central labour inspection authority to include all the information required by Article 27 (a)–(g) in an annual report on the work of the inspection services in agriculture, either as a separate report or as part of its general annual report.

Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:

Repetition

Obligation to report pursuant to article 22 of the ILO Constitution. The Committee notes the communication by the Government, in reply to its previous request, of the circulars (notices) of 18 March 2005 designating the authorities which must be notified of occupational accidents and cases of occupational disease, in relation to Article 19 of the Convention. It also notes the communication of the annual report for 2004 from the Industrial Relations Department of the Ministry of Labour, containing brief information on labour inspection activities in the agricultural sector. However, the Committee notes that no detailed report on the application of the Convention has been sent for more than ten years. The Committee therefore requests the Government to supply, in its next report under article 22 of the ILO Constitution, all the information required by each part of the Convention report form.

Articles 26 and 27 of the Convention. Objectives and content of the annual report on the work of the labour inspectorate. The Committee notes that, despite the high number of strikes in sugar plantations and agriculture in 2004 and their socio-economic impact (227 strikes resulting in the loss of 82,880 workdays and wages amounting to 129,061,000 dollars) the labour inspectorate only performed six inspections for the whole sector. The Committee considers that these figures testify both to poor conditions of work and lack of vigilance on the part of the inspection authorities responsible for monitoring conditions of work in agricultural undertakings. In any event, they call for the adoption of measures to curb the deterioration of the social climate, particularly by means of inspection activities and initiatives to provide employers and workers with information. However, the Committee notes that the Government has not supplied any information indicating that such measures have been taken or are envisaged. It also notes that the content of the report does not allow any assessment to be made of the level of coverage of the labour inspection system in relation to worker protection requirements in the sector, these needs not being defined, particularly with regard to occupational safety and health. The significant lack of statistics relating to inspection visits (Article 27(d)) and violations (clause (e)) and the total lack of information regarding the laws and regulations giving effect to the provisions of the Convention (clause (a)), the number of staff of the labour inspection service (clause (b)), the number of agricultural undertakings liable to inspection and the number of persons working therein (clause (c)), and also the lack of statistics with respect to penalties imposed (clause (e)), occupational accidents, including their causes (clause (f)) and occupational diseases, including their causes (clause (g)), make it impossible for the Committee to perform its role of monitoring the practical application of the Convention. The Committee reminds the Government that the requirement to publish an annual report on inspection activities and send it to the ILO serves an important purpose at both the national and international level. It is an essential tool for evaluating the operation of the labour inspection system and for making improvements to it, with the participation of employers and workers and their respective organizations (Articles 26 and 27). The Committee invites the Government to refer to paragraphs 320–328 of its 2006 General Survey on labour inspection and requests it to take the necessary measures, if need be with technical assistance from the Office, to enable the central labour inspection authority to include all the information required by each of clauses (a)–(g) of Article 27 in the annual report on its work.

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

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

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Repetition

Obligation to report pursuant to article 22 of the ILO Constitution. The Committee notes the communication by the Government, in reply to its previous request, of the circulars (notices) of 18 March 2005 designating the authorities which must be notified of occupational accidents and cases of occupational disease, in relation to Article 19 of the Convention. It also notes the communication of the annual report for 2004 from the Industrial Relations Department of the Ministry of Labour, containing brief information on labour inspection activities in the agricultural sector. However, the Committee notes that no detailed report on the application of the Convention has been sent for more than ten years. The Committee therefore requests the Government to supply, in its next report under article 22 of the ILO Constitution, all the information required by each part of the Convention report form.

Articles 26 and 27 of the Convention. Objectives and content of the annual report on the work of the labour inspectorate. The Committee notes that, despite the high number of strikes in sugar plantations and agriculture in 2004 and their socio-economic impact (227 strikes resulting in the loss of 82,880 workdays and wages amounting to 129,061,000 dollars) the labour inspectorate only performed six inspections for the whole sector. The Committee considers that these figures testify both to poor conditions of work and lack of vigilance on the part of the inspection authorities responsible for monitoring conditions of work in agricultural undertakings. In any event, they call for the adoption of measures to curb the deterioration of the social climate, particularly by means of inspection activities and initiatives to provide employers and workers with information. However, the Committee notes that the Government has not supplied any information indicating that such measures have been taken or are envisaged. It also notes that the content of the report does not allow any assessment to be made of the level of coverage of the labour inspection system in relation to worker protection requirements in the sector, these needs not being defined, particularly with regard to occupational safety and health. The significant lack of statistics relating to inspection visits (Article 27(d)) and violations (clause (e)) and the total lack of information regarding the laws and regulations giving effect to the provisions of the Convention (clause (a)), the number of staff of the labour inspection service (clause (b)), the number of agricultural undertakings liable to inspection and the number of persons working therein (clause c)), and also the lack of statistics with respect to penalties imposed (clause (e)), occupational accidents, including their causes (clause (f)) and occupational diseases, including their causes (clause (g)), make it impossible for the Committee to perform its role of monitoring the practical application of the Convention. The Committee reminds the Government that the requirement to publish an annual report on inspection activities and send it to the ILO serves an important purpose at both the national and international level. It is an essential tool for evaluating the operation of the labour inspection system and for making improvements to it, with the participation of employers and workers and their respective organizations (Articles 26 and 27). The Committee invites the Government to refer to paragraphs 320–328 of its 2006 General Survey on labour inspection and requests it to take the necessary measures, if need be with technical assistance from the Office, to enable the central labour inspection authority to include all the information required by each of clauses (a) to (g) of Article 27 in the annual report on its work.

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

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

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Repetition

Obligation to report pursuant to article 22 of the ILO Constitution. The Committee notes the communication by the Government, in reply to its previous request, of the circulars (notices) of 18 March 2005 designating the authorities which must be notified of occupational accidents and cases of occupational disease, in relation to Article 19 of the Convention. It also notes the communication of the annual report for 2004 from the Industrial Relations Department of the Ministry of Labour, containing brief information on labour inspection activities in the agricultural sector. However, the Committee notes that no detailed report on the application of the Convention has been sent for more than ten years. The Committee therefore requests the Government to supply, in its next report under article 22 of the ILO Constitution, all the information required by each part of the Convention report form.

Articles 26 and 27 of the Convention. Objectives and content of the annual report on the work of the labour inspectorate. The Committee notes that, despite the high number of strikes in sugar plantations and agriculture in 2004 and their socio-economic impact (227 strikes resulting in the loss of 82,880 workdays and wages amounting to 129,061,000 dollars) the labour inspectorate only performed six inspections for the whole sector. The Committee considers that these figures testify both to poor conditions of work and lack of vigilance on the part of the inspection authorities responsible for monitoring conditions of work in agricultural undertakings. In any event, they call for the adoption of measures to curb the deterioration of the social climate, particularly by means of inspection activities and initiatives to provide employers and workers with information. However, the Committee notes that the Government has not supplied any information indicating that such measures have been taken or are envisaged. It also notes that the content of the report does not allow any assessment to be made of the level of coverage of the labour inspection system in relation to worker protection requirements in the sector, these needs not being defined, particularly with regard to occupational safety and health. The significant lack of statistics relating to inspection visits (Article 27(d)) and violations (clause (e)) and the total lack of information regarding the laws and regulations giving effect to the provisions of the Convention (clause (a)), the number of staff of the labour inspection service (clause (b)), the number of agricultural undertakings liable to inspection and the number of persons working therein (clause c)), and also the lack of statistics with respect to penalties imposed (clause (e)), occupational accidents, including their causes (clause (f)) and occupational diseases, including their causes (clause (g)), make it impossible for the Committee to perform its role of monitoring the practical application of the Convention. The Committee reminds the Government that the requirement to publish an annual report on inspection activities and send it to the ILO serves an important purpose at both the national and international level. It is an essential tool for evaluating the operation of the labour inspection system and for making improvements to it, with the participation of employers and workers and their respective organizations (Articles 26 and 27). The Committee invites the Government to refer to paragraphs 320–328 of its 2006 General Survey on labour inspection and requests it to take the necessary measures, if need be with technical assistance from the Office, to enable the central labour inspection authority to include all the information required by each of clauses (a) to (g) of Article 27 in the annual report on its work.

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

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

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:

Obligation to report pursuant to article 22 of the ILO Constitution. The Committee notes the communication by the Government, in reply to its previous request, of the circulars (notices) of 18 March 2005 designating the authorities which must be notified of occupational accidents and cases of occupational disease, in relation to Article 19 of the Convention. It also notes the communication of the annual report for 2004 from the Industrial Relations Department of the Ministry of Labour, containing brief information on labour inspection activities in the agricultural sector. However, the Committee notes that no detailed report on the application of the Convention has been sent for more than ten years. The Committee therefore requests the Government to supply, in its next report under article 22 of the ILO Constitution, all the information required by each part of the Convention report form.

Articles 26 and 27 of the Convention. Objectives and content of the annual report on the work of the labour inspectorate. The Committee notes that, despite the high number of strikes in sugar plantations and agriculture in 2004 and their socio-economic impact (227 strikes resulting in the loss of 82,880 workdays and wages amounting to 129,061,000 dollars) the labour inspectorate only performed six inspections for the whole sector. The Committee considers that these figures testify both to poor conditions of work and lack of vigilance on the part of the inspection authorities responsible for monitoring conditions of work in agricultural undertakings. In any event, they call for the adoption of measures to curb the deterioration of the social climate, particularly by means of inspection activities and initiatives to provide employers and workers with information. However, the Committee notes that the Government has not supplied any information indicating that such measures have been taken or are envisaged. It also notes that the content of the report does not allow any assessment to be made of the level of coverage of the labour inspection system in relation to worker protection requirements in the sector, these needs not being defined, particularly with regard to occupational safety and health. The significant lack of statistics relating to inspection visits (Article 27(d)) and violations (clause (e)) and the total lack of information regarding the laws and regulations giving effect to the provisions of the Convention (clause (a)), the number of staff of the labour inspection service (clause (b)), the number of agricultural undertakings liable to inspection and the number of persons working therein (clause c)), and also the lack of statistics with respect to penalties imposed (clause (e)), occupational accidents, including their causes (clause (f)) and occupational diseases, including their causes (clause (g)), make it impossible for the Committee to perform its role of monitoring the practical application of the Convention. The Committee reminds the Government that the requirement to publish an annual report on inspection activities and send it to the ILO serves an important purpose at both the national and international level. It is an essential tool for evaluating the operation of the labour inspection system and for making improvements to it, with the participation of employers and workers and their respective organizations (Articles 26 and 27). The Committee invites the Government to refer to paragraphs 320–328 of its 2006 General Survey on labour inspection and requests it to take the necessary measures, if need be with technical assistance from the Office, to enable the central labour inspection authority to include all the information required by each of clauses (a) to (g) of Article 27 in the annual report on its work.

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

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

The Committee notes with regret that the Government’s report has not been received. It is therefore bound to repeat its previous observation, which read as follows:

Obligation to report pursuant to article 22 of the ILO Constitution. The Committee notes the communication by the Government, in reply to its previous request, of the circulars (notices) of 18 March 2005 designating the authorities which must be notified of occupational accidents and cases of occupational disease, in relation to Article 19 of the Convention. It also notes the communication of the annual report for 2004 from the Industrial Relations Department of the Ministry of Labour, containing brief information on labour inspection activities in the agricultural sector. However, the Committee notes that no detailed report on the application of the Convention has been sent for more than ten years. The Committee therefore requests the Government to supply, in its next report under article 22 of the ILO Constitution, all the information required by each part of the Convention report form.

Articles 26 and 27 of the Convention. Objectives and content of the annual report on the work of the labour inspectorate. The Committee notes that, despite the high number of strikes in sugar plantations and agriculture in 2004 and their socio-economic impact (227 strikes resulting in the loss of 82,880 workdays and wages amounting to 129,061,000 dollars) the labour inspectorate only performed six inspections for the whole sector. The Committee considers that these figures testify both to poor conditions of work and lack of vigilance on the part of the inspection authorities responsible for monitoring conditions of work in agricultural undertakings. In any event, they call for the adoption of measures to curb the deterioration of the social climate, particularly by means of inspection activities and initiatives to provide employers and workers with information. However, the Committee notes that the Government has not supplied any information indicating that such measures have been taken or are envisaged. It also notes that the content of the report does not allow any assessment to be made of the level of coverage of the labour inspection system in relation to worker protection requirements in the sector, these needs not being defined, particularly with regard to occupational safety and health. The significant lack of statistics relating to inspection visits (Article 27(d)) and violations (clause (e)) and the total lack of information regarding the laws and regulations giving effect to the provisions of the Convention (clause (a)), the number of staff of the labour inspection service (clause (b)), the number of agricultural undertakings liable to inspection and the number of persons working therein (clause c)), and also the lack of statistics with respect to penalties imposed (clause (e)), occupational accidents, including their causes (clause (f)) and occupational diseases, including their causes (clause (g)), make it impossible for the Committee to perform its role of monitoring the practical application of the Convention. The Committee reminds the Government that the requirement to publish an annual report on inspection activities and send it to the ILO serves an important purpose at both the national and international level. It is an essential tool for evaluating the operation of the labour inspection system and for making improvements to it, with the participation of employers and workers and their respective organizations (Articles 26 and 27). The Committee invites the Government to refer to paragraphs 320–328 of its 2006 General Survey on labour inspection and requests it to take the necessary measures, if need be with technical assistance from the Office, to enable the central labour inspection authority to include all the information required by each of clauses (a) to (g) of Article 27 in the annual report on its work.

The Committee hopes that the Government will make every effort to take the necessary action 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 previous observation on the following points:

1. Obligation to report pursuant to article 22 of the ILO Constitution. The Committee notes the communication by the Government, in reply to its previous request, of the circulars (notices) of 18 March 2005 designating the authorities which must be notified of occupational accidents and cases of occupational disease, in relation to Article 19 of the Convention. It also notes the communication of the annual report for 2004 from the Industrial Relations Department of the Ministry of Labour, containing brief information on labour inspection activities in the agricultural sector. However, the Committee notes that no detailed report on the application of the Convention has been sent for more than ten years. The Committee therefore requests the Government to supply, in its next report under article 22 of the ILO Constitution, all the information required by each part of the Convention report form.

2. Articles 26 and 27 of the Convention. Objectives and content of the annual report on the work of the labour inspectorate. The Committee notes that, despite the high number of strikes in sugar plantations and agriculture in 2004 and their socio-economic impact (227 strikes resulting in the loss of 82,880 workdays and wages amounting to 129,061,000 dollars) the labour inspectorate only performed six inspections for the whole sector. The Committee considers that these figures testify both to poor conditions of work and lack of vigilance on the part of the inspection authorities responsible for monitoring conditions of work in agricultural undertakings. In any event, they call for the adoption of measures to curb the deterioration of the social climate, particularly by means of inspection activities and initiatives to provide employers and workers with information. However, the Committee notes that the Government has not supplied any information indicating that such measures have been taken or are envisaged. It also notes that the content of the report does not allow any assessment to be made of the level of coverage of the labour inspection system in relation to worker protection requirements in the sector, these needs not being defined, particularly with regard to occupational safety and health. The significant lack of statistics relating to inspection visits (Article 27(d)) and violations (clause (e)) and the total lack of information regarding the laws and regulations giving effect to the provisions of the Convention (clause (a)), the number of staff of the labour inspection service (clause (b)), the number of agricultural undertakings liable to inspection and the number of persons working therein (clause c)), and also the lack of statistics with respect to penalties imposed (clause (e)), occupational accidents, including their causes (clause (f)) and occupational diseases, including their causes (clause (g)), make it impossible for the Committee to perform its role of monitoring the practical application of the Convention. The Committee reminds the Government that the requirement to publish an annual report on inspection activities and send it to the ILO serves an important purpose at both the national and international level. It is an essential tool for evaluating the operation of the labour inspection system and for making improvements to it, with the participation of employers and workers and their respective organizations (Articles 26 and 27). The Committee invites the Government to refer to paragraphs 320–328 of its 2006 General Survey on labour inspection and requests it to take the necessary measures, if need be with technical assistance from the Office, to enable the central labour inspection authority to include all the information required by each of clauses (a) to (g) of Article 27 in the annual report on its work.

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)

1. Obligation to report pursuant to article 22 of the ILO Constitution. The Committee notes with interest the communication by the Government, in reply to its previous request, of the circulars (notices) of 18 March 2005 designating the authorities which must be notified of occupational accidents and cases of occupational disease, in relation to Article 19 of the Convention. It also notes the communication of the annual report for 2004 from the Industrial Relations Department of the Ministry of Labour, containing brief information on labour inspection activities in the agricultural sector. However, the Committee notes that no detailed report on the application of the Convention has been sent for more than ten years. The Committee therefore requests the Government to supply, in its next report under article 22 of the ILO Constitution, all the information required by each part of the Convention report form.

2. Articles 26 and 27 of the Convention. Objectives and content of the annual report on the work of the labour inspectorate. The Committee notes that, despite the high number of strikes in sugar plantations and agriculture in 2004 and their socio-economic impact (227 strikes resulting in the loss of 82,880 workdays and wages amounting to 129,061,000 dollars) the labour inspectorate only performed six inspections for the whole sector. The Committee considers that these figures testify both to poor conditions of work and lack of vigilance on the part of the inspection authorities responsible for monitoring conditions of work in agricultural undertakings. In any event, they call for the adoption of measures to curb the deterioration of the social climate, particularly by means of inspection activities and initiatives to provide employers and workers with information. However, the Committee notes that the Government has not supplied any information indicating that such measures have been taken or are envisaged. It also notes that the content of the report does not allow any assessment to be made of the level of coverage of the labour inspection system in relation to worker protection requirements in the sector, these needs not being defined, particularly with regard to occupational safety and health. The significant lack of statistics relating to inspection visits (Article 27(d)) and violations (clause (e)) and the total lack of information regarding the laws and regulations giving effect to the provisions of the Convention (clause (a)), the number of staff of the labour inspection service (clause (b)), the number of agricultural undertakings liable to inspection and the number of persons working therein (clause c)), and also the lack of statistics with respect to penalties imposed (clause (e)), occupational accidents, including their causes (clause (f)) and occupational diseases, including their causes (clause (g)), make it impossible for the Committee to perform its role of monitoring the practical application of the Convention. The Committee reminds the Government that the requirement to publish an annual report on inspection activities and send it to the ILO serves an important purpose at both the national and international level. It is an essential tool for evaluating the operation of the labour inspection system and for making improvements to it, with the participation of employers and workers and their respective organizations (Articles 26 and 27). The Committee invites the Government to refer to paragraphs 320–328 of its 2006 General Survey on labour inspection and requests it to take the necessary measures, if need be with technical assistance from the Office, to enable the central labour inspection authority to include all the information required by each of clauses (a)–(g) of Article 27 in the annual report on its work.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

With reference to its observation and further to its previous comments, the Committee notes that, in accordance with the provisions of Act No. 32 of 1997 respecting occupational health and safety, provided by the Government, the employment accidents and cases of occupational disease shall be notified to the “Authority” without any other indication of the nature of such authority. Recalling that, in accordance with Article 19, paragraph 1, of the Convention, inspectors should be notified of such information, it requests the Government to transmit, where appropriate, a copy of any relevant legislation, or to adopt the necessary measures to bring the legislation into conformity with the Convention on this matter and to keep the Office informed.

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes with regret that the Government’s report has not been received. It is therefore bound to repeat its previous observation which read as follows:

The Committee notes the Government’s report and the annual reports on the activities of the Labour Department for 1998, 2000 and 2002.

Articles 26 and 27 of the Convention. While noting with interest the information included in the annual reports on the activities of the Ministry of Labour on inspection in agricultural enterprises and the data on employment accidents in agriculture provided by the Government, the Committee once again emphasizes the importance, from both a national and an international point of view, of the publication and communication to the ILO of an annual report of the activities of the labour inspectorate. It therefore once again hopes that the Government will take the necessary measures in practice to ensure that the central inspection authority fulfils this obligation set out in the Convention. In this respect, the Committee draws the Government’s attention to the various forms that the report may take in accordance with Article 26, while emphasizing the need to include information that is as detailed as possible on each of the items covered by Article 27, with specific reference to the agricultural sector.

The Committee is addressing a request directly to the Government on another point.

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

Referring also to its observation, 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:

With reference also to its observation and further to its previous comments, the Committee notes that, in accordance with the provisions of Act No. 32 of 1997 respecting occupational health and safety, provided by the Government, the employment accidents and cases of occupational disease shall be notified to the "Authority" without any other indication of the nature of such authority. Recalling that, in accordance with Article 19, paragraph 1, of the Convention, inspectors should be notified of such information, it requests the Government to transmit, where appropriate, a copy of any relevant legislation, or to adopt the necessary measures to bring the legislation into conformity with the Convention on this matter and to keep the Office informed.

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

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

The Committee notes the Government’s report and the annual reports on the activities of the Labour Department for 1998, 2000 and 2002.

Articles 26 and 27 of the Convention. While noting with interest the information included in the annual reports on the activities of the Ministry of Labour on inspection in agricultural enterprises and the data on employment accidents in agriculture provided by the Government, the Committee once again emphasizes the importance, from both a national and an international point of view, of the publication and communication to the ILO of an annual report of the activities of the labour inspectorate. It therefore once again hopes that the Government will take the necessary measures in practice to ensure that the central inspection authority fulfils this obligation set out in the Convention. In this respect the Committee draws the Government’s attention to the various forms that the report may take in accordance with Article 26, while emphasizing the need to include information that is as detailed as possible on each of the items covered by Article 27, with specific reference to the agricultural sector.

The Committee is addressing a request directly to the Government on another point.

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

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

With reference also to its observation and further to its previous comments, the Committee notes that, in accordance with the provisions of Act No. 32 of 1997 respecting occupational health and safety, provided by the Government, the employment accidents and cases of occupational disease shall be notified to the "Authority" without any other indication of the nature of such authority. Recalling that, in accordance with Article 19, paragraph 1, of the Convention, inspectors should be notified of such information, it requests the Government to transmit, where appropriate, a copy of any relevant legislation, or to adopt the necessary measures to bring the legislation into conformity with the Convention on this matter and to keep the Office informed.

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

The Committee notes the Government’s report and the annual reports on the activities of the Labour Department for 1998, 2000 and 2002.

Articles 26 and 27 of the Convention. While noting with interest the information included in the annual reports on the activities of the Ministry of Labour on inspection in agricultural enterprises and the data on employment accidents in agriculture provided by the Government, the Committee once again emphasizes the importance, from both a national and an international point of view, of the publication and communication to the ILO of an annual report of the activities of the labour inspectorate. It therefore once again hopes that the Government will take the necessary measures in practice to ensure that the central inspection authority fulfils this obligation set out in the Convention. In this respect the Committee draws the Government’s attention to the various forms that the report may take in accordance with Article 26, while emphasizing the need to include information that is as detailed as possible on each of the items covered by Article 27, with specific reference to the agricultural sector.

The Committee is addressing a request directly to the Government on another point.

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

The Committee notes the Government’s brief report in which it indicates that there has been no change over the period covered.

1.  Annual inspection reports in the agricultural sector.  Noting once again that no annual inspection report has been communicated to the ILO in spite of its repeated requests, and contrary to Articles 26 and 27 of the Convention, the Committee is obliged to renew the terms of its previous observation, as follows:

The Committee notes the Government’s reports for 1996 and 1998. It refers to its previous comments and again reiterates the requirement to publish and communicate to the Office, within the prescribed time limits established under Article 26 of the Convention, annual labour inspection reports containing the information enumerated under Article 27 and recalls that the Government may avail itself of ILO technical assistance for the correct application of these provisions. The annual reports contain information enabling, on the one hand, the Government to regularly evaluate the overall progress in the labour inspection system and to adopt, where necessary, measures to improve its effectiveness and, on the other hand, provide the Committee with sound information to assess the manner in which the Convention is applied and to propose a more appropriate application of the Convention, where necessary. However, the Committee notes that, although the Government’s report contains a statement of intent, no inspection report has been transmitted to the ILO since 1996. Moreover, the 1996 report contained only partial responses to the information required by the relevant Articles of this Convention and of the Labour Inspection Convention, 1947 (and Protocol, 1995) (No. 81). Statistics concerning the undertakings which require inspection visits and the number of workers employed in these undertakings had been omitted from the report despite their importance in assessing the appropriateness of the means made available to labour inspectors for the discharge of their duties. The Committee is bound once again to request the Government to regularly publish and transmit annual reports on the activities of the labour inspection service and reiterates its proposal to the Government to avail itself of the Office’s technical assistance to establish the structures to enable the correct application of this Convention and Convention No. 81.

2.  Occupational accidents and diseases (Articles 14 and 27(f)(g)).  The Committee notes that in 1999, 2,370 accidents were registered in the agricultural sector, 15 of which were fatal. Recalling that under Article 19, the labour inspection must also be informed in case of occupational diseases, the Committee requests the Government to supply information on the provisions of legislation and regulations, as well as on measures of a practical nature which ensure that labour inspectors are informed not only of occupational accidents, but also of cases of occupational diseases arising in the agricultural sector and to indicate whether, as provided under Article 19(2), labour inspectors are associated with any inquiry into the causes of most serious occupational accidents or occupational diseases.

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

The Committee notes the Government's reports for 1996 and 1998. It refers to its previous comments and again reiterates the requirement to publish and communicate to the Office, within the prescribed time limits established under Article 26 of the Convention, annual labour inspection reports containing the information enumerated under Article 27 and recalls that the Government may avail itself of ILO technical assistance for the correct application of these provisions. The annual reports contain information enabling, on the one hand, the Government to regularly evaluate the overall progress in the labour inspection system and to adopt, where necessary, measures to improve its effectiveness and, on the other hand, provide the Committee with sound information to assess the manner in which the Convention is applied and to propose a more appropriate application of the Convention, where necessary. However, the Committee notes that, although the Government's report contains a statement of intent, no inspection report has been transmitted to the ILO since 1996. Moreover, the 1996 report contained only partial responses to the information required by the relevant Articles of this Convention and of the Labour Inspection Convention, 1947 (and Protocol, 1995) (No. 81). Statistics concerning the undertakings which require inspection visits and the number of workers employed in these undertakings had been omitted from the report despite their importance in assessing the appropriateness of the means made available to labour inspectors for the discharge of their duties. The Committee is bound once again to request the Government to regularly publish and transmit annual reports on the activities of the labour inspection service and reiterates its proposal to the Government to avail itself of the Office's technical assistance to establish the structures to enable the correct application of this Convention and Convention No. 81.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

Articles 14, 15, 21, 26 and 27 of the Convention. Further to its previous comments, the Committee notes from the Government's report that the situation of labour inspection in agriculture has not improved. It notes that although inspectors are based at two main offices, they visit agricultural districts, particularly the sugar belt, once a week. The Committee also notes that inspectors without their own means of transport are reimbursed for travelling and incidental expenses. The Committee, while welcoming the information that the Government hopes to acquire a vehicle next year to facilitate visits to the plantations, notes however that, due to the shortage of staff, full effect cannot be given to the requirement of Article 21 that agricultural undertakings be inspected as often and as thoroughly as is necessary. As concerns labour inspection reports the Committee, referring also to its comments under Convention No. 81, recalls the need to publish and supply to the Office within the time-limits laid down by Article 26, annual labour inspection reports containing all the particulars listed in Article 27. In this regard the Committee also reiterates its suggestion that the Government consider soliciting the technical assistance of the Office.

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

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:

Articles 14, 15, 21, 26 and 27 of the Convention. The Committee notes from the Government's report that the information requested in its previous comments is not yet available and that it will be supplied in the next report. It hopes the next report will contain full information also as regards agriculture, in reply to its comments under Convention No. 81.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

Articles 14, 15, 21, 26 and 27 of the Convention. The Committee notes from the Government's report that the information requested in its previous comments is not yet available and that it will be supplied in the next report. It hopes the next report will contain full information also as regards agriculture, in reply to its comments under Convention No. 81.

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

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 requests, which read as follows:

Articles 14, 15, 21 and 26 of the Convention. The Committee requests the Government to refer to its comments concerning the application of Articles 10, 11, 16 and 20 of Convention No. 81, as follows:

Articles 10, 11 and 16 of the Convention. With reference to its earlier comments, the Committee notes from the Government's report that no progress has been made towards ensuring more effective application of these Articles of the Convention. While noting that the Government is facing economic difficulties, it expresses the hope that it will be possible to increase the number of labour inspectors and that appropriate measures will be taken to provide all inspectors with the necessary transport facilities for them to visit workplaces regularly. It asks the Government, in its future reports, to provide detailed information on any new measures taken to this end.

Article 20. The Committee notes that the annual labour inspection reports have not reached the International Labour Office. It hopes that, in future, these reports will be transmitted within the time-limits laid down in Article 20 of the Convention.

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

Articles 14, 15, 21 and 26 of the Convention. The Committee requests the Government to refer to its comments concerning the application of Articles 10, 11, 16 and 20 of Convention No. 81, as follows:

Articles 10, 11 and 16 of the Convention. With reference to its earlier comments, the Committee notes from the Government's report that no progress has been made towards ensuring more effective application of these Articles of the Convention. While noting that the Government is facing economic difficulties, it expresses the hope that it will be possible to increase the number of labour inspectors and that appropriate measures will be taken to provide all inspectors with the necessary transport facilities for them to visit workplaces regularly. It asks the Government, in its future reports, to provide detailed information on any new measures taken to this end.

Article 20. The Committee notes that the annual labour inspection reports for 1987 and 1988 have not reached the International Labour Office. It hopes that, in future, these reports will be transmitted within the time-limits laid down in Article 20 of the Convention.