Guarding of Machinery Convention, 1963 (No. 119) - Democratic Republic of the Congo (Ratification: 1967)

Individual Case (CAS) - Discussion: 2007, Publication: 96th ILC session (2007)

The representative of the Secretary-General stated that, according to information she had received, the delegation of the Democratic Republic of the Congo would not attend the Conference before Monday of the following week.

The Worker members deplored the absence of the Government of the Democratic Republic of the Congo, while recognizing that the situation in the country was difficult. The case was one of particular interest, selected for precise reasons: firstly, the footnote proposed by the Committee of Experts and, secondly, the particular nature of the Convention.

The Employer members stressed that ten years had passed since the Government advised the Committee of Experts that a new Labour Code would be drafted to comply with the provisions of the Convention, and yet no new legislation had been produced. They urged the Government to seek technical assistance from the ILO so as to ensure compliance with the Convention in its national law and practice.

The Chairperson indicated that, in the absence of the Government representative of the Democratic Republic of the Congo, the case would be mentioned in the appropriate paragraph of the Committee's report.

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

In order to provide an overview of the issues relating to the application of the ratified Conventions on occupational safety and health, the Committee considers it appropriate to examine the Safety Provisions (Building) Convention, 1937 (No. 62), the Guarding of Machinery Convention, 1963 (No. 119), and the Hygiene (Commerce and Offices) Convention, 1964 (No. 120), together.

Application in practice of Conventions Nos 62, 119 and 120. In response to its previous comment on this matter, the Government refers the Committee to the 2020 and 2021 reports on the work of the General Labour Inspectorate. Noting that these reports have not reached the Office, the Committee refers to the comments it is making under the Labour Inspection Convention, 1947 (No. 81) on the obligation of preparing an annual labour inspection report. In addition, the Committee once again requests the Government to provide statistical data on the number and nature of infringements reported in the construction, commerce and office sectors, and also those relating to the use of machinery, as well as the number, nature and causes of industrial accidents and occupational diseases which have been reported.

Protection in specific branches of activity

Safety Provisions (Building) Convention, 1937 (No. 62)

Further to the decision of the ILO Governing Body, taken at its 334th Session (October–November 2018), on the recommendation of the Standards Review Mechanism Tripartite Working Group (SRM TWG), to add an item concerning the abrogation of Convention No. 62, an outdated instrument, to the agenda of the 112th Session of the International Labour Conference (2024), the Committee, in its previous comment, encouraged the Government to consider ratifying the updated instrument, namely the Safety and Health in Construction Convention, 1988 (No. 167). The Committee duly notes the Government’s indication in its report that it will send a request to the Office in the course of 2023 for technical assistance with a view to ratifying Convention No. 167. In this regard, the Committee notes that the Democratic Republic of the Congo is part of a Decent Work Country Programme for 2021-2024, during which the Office has undertaken to continue to provide the Government with technical assistance in order to, in particular, promote the ratification of the relevant Conventions. While welcoming the information from the Government, the Committee encourages it to continue to follow up the decision adopted by the Governing Body at its 334th Session (October–November 2018) approving the recommendation of the SRM TWG, and to consider ratifying Convention No. 167. The Committee takes this opportunity to remind the Government that in June 2022, the International Labour Conference added the principle of a safe and healthy working environment to the fundamental principles and rights at work, thereby amending the 1998 Declaration on Fundamental Principles and Rights at Work. The Committee draws the Government’s attention to the possibility of availing itself of the technical assistance of the Office for the purpose of bringing both practice and applicable legislation into conformity with the fundamental occupational safety and health Conventions and thus promoting their ratification and effective application.

Hygiene (Commerce and Offices) Convention, 1964 (No. 120)

Articles 10 and 16. Temperature of workplaces. Appropriate standards of hygiene in underground or windowless premises. The Committee notes the Government’s indication in its report that section 5 of Ministerial Order No. 0013 of 4 August 1972, establishing conditions of hygiene in workplaces, provides that, in closed premises designated for work, each worker must have a cubic capacity of at least 10m3, and that the spaces must have a minimum height of 2.5 metres and be properly ventilated at all times. Further, the Committee notes that under Ministerial Order No. 12/CAB.MIN/ETPS/ 043 /2008 of 8 August 2008, establishing the organization and operations of committees for occupational health and safety and workplace improvement, the main task of such committees is to participate in screening for risks of all kinds that may affect safety, hygiene or health, as well as checking for cases of work that is unsuitable for any persons. The Committee also notes that under Ministerial Order No. 140/CAB/MINETAT/MTEPS/01/2018 of 8 November 2018, establishing the terms of promotion and prevention of occupational risks, the above-mentioned committees are responsible particularly for designing, amending and implementing the policy for the prevention of occupational accidents and diseases. The Committee notes this information which responds to its previous request.

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

In order to provide an overview of the issues relating to the application of the ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine the Safety Provisions (Building) Convention, 1937 (No. 62), the Guarding of Machinery Convention, 1963 (No. 119), and the Hygiene (Commerce and Offices) Convention, 1964 (No. 120), in a single comment.

Application in practice of Conventions Nos 62, 119 and 120. Further to its previous comments, the Committee notes the Government’s indication that detailed statistics on the number and classification of industrial accidents and occupational diseases will be communicated in the next report. The Committee therefore once again requests the Government to provide statistical data on the number and nature of infringements reported in the construction, commerce and office sectors and also those relating to the use of machinery, as well as the number, nature and causes of industrial accidents and occupational diseases which have been reported.

Protection against specific risks

Guarding of Machinery Convention, 1963 (No. 119)

Article 3 of the Convention. Exemptions from the obligation to provide safety devices. Further to its previous comments on exemptions, the Committee notes the Government’s indication in its report that no other legislative text provides for any exemption from the application of the provisions of Ministerial Order No. 12/CAB.MIN/ETPS/046/2008 of 8 August 2008 establishing the guarding of machinery and other mechanical devices and prohibiting the sale, hire, exhibition or transfer in any other manner of machinery whose dangerous parts have no appropriate safety devices.

Protection in specific branches of activity

Safety Provisions (Building) Convention, 1937 (No. 62)

The Committee recalls that the ILO Governing Body (at its 334th Session, October–November 2018), on the recommendation of the Standards Review Mechanism Tripartite Working Group (SRM TWG), confirmed the classification of Convention No. 62 in the category of outdated instruments and placed an item concerning the abrogation of this Convention on the agenda of the 113th Session of the International Labour Conference (2024). The Governing Body also asked the Office to undertake follow-up action to actively encourage ratification of the up-to-date instrument, the Safety and Health in Construction Convention, 1988 (No. 167), and recommended proposing ILO technical assistance to countries most in need of it. The Committee therefore encourages the Government to follow up the decision adopted by the Governing Body at its 334th Session (October–November 2018) approving the recommendation of the SRM TWG, and to consider ratifying Convention No. 167. The Committee reminds the Government of the possibility of obtaining technical assistance from the Office in this regard.

Article 4 of the Convention. Further to its previous comments, the Committee notes the Government’s indication that the technical standards applied in the construction industry are monitored by labour inspectors during ordinary or special inspections using a specific report form.

Hygiene (Commerce and Offices) Convention, 1964 (No. 120)

Articles 1 and 2 of the Convention. Scope of application and exclusion of specific categories of workers from the application of the Convention. Further to its previous comments concerning the exclusion of civil service departments from the scope of application of the Labour Code, the Committee notes the Government’s indication in its report that tripartite consultations took place on this subject within the National Labour Council. The Committee also notes that Ministerial Order No. 0013 of 4 August 1972 establishing conditions of hygiene in workplaces, and which gives effect to the Convention, applies to all establishments.

Articles 10 and 16. Temperature of workplaces. Appropriate standards of hygiene in underground or windowless premises. Further to its previous comments, the Committee notes that Ministerial Order No. 0013 of 4 August 1972 establishing conditions of hygiene in workplaces does not appear to give effect to the above-mentioned provisions of the Convention. The Committee requests the Government to provide information on the relevant provisions of its legislation which ensure the application of Article 10 (temperature of workplaces) and Article 16 (concerning appropriate standards of hygiene in underground or windowless premises) of the Convention and to send a copy of them.

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes with concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments initially made in 2011.

Repetition

Article 3 of the Convention. Exemptions to the obligation to provide guards. The Committee notes that, in response to its previous comments, the Government refers to Section 16 of Ministerial Decree (MD) No. 46, but that this provision does not seem to regulate the matters provided for in Article 3 of the Convention. The Committee notes that the newly adopted regulation MD No. 46 does not include any provision providing for possible exemptions from the obligations it prescribes. The Committee requests the Government to confirm that exemptions from the applicability of the provisions in MD No. 46 is not provided for in any other legislation.

Article 4. Responsibility for ensuring compliance. The Committee notes the information provided that the labour inspectorate is competent to ensure compliance with the provisions of MD No. 46. With reference to the terms of this Article of the Convention, which places a special obligation to ensure compliance inter alia, on the vendor, the person letting out on hire or transferring the machinery in any other manner or the exhibitor, the Committee requests the Government to provide further information on measures taken to give effect, in law and in practice, to this Article of the Convention.

Application in practice. The Committee notes the absence of any information on the application in practice of the Convention. The Committee reiterates its request to the Government to provide a general appreciation of the manner in which the Convention is applied in the country, including, for instance, extracts from official reports, such as labour inspection reports, and information on any practical difficulties in the application of the Convention, the number and nature of work accidents reported, as well as any other information allowing the Committee to assess more accurately how the Convention is applied in practice in the country.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes with regret that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 3 of the Convention. Exemptions to the obligation to provide guards. The Committee notes that, in response to its previous comments, the Government refers to Section 16 of Ministerial Decree (MD) No. 46, but that this provision does not seem to regulate the matters provided for in Article 3 of the Convention. The Committee notes that the newly adopted regulation MD No. 46 does not include any provision providing for possible exemptions from the obligations it prescribes. The Committee requests the Government to confirm that exemptions from the applicability of the provisions in MD No. 46 is not provided for in any other legislation.

Article 4. Responsibility for ensuring compliance. The Committee notes the information provided that the labour inspectorate is competent to ensure compliance with the provisions of MD No. 46. With reference to the terms of this Article of the Convention, which places a special obligation to ensure compliance inter alia, on the vendor, the person letting out on hire or transferring the machinery in any other manner or the exhibitor, the Committee requests the Government to provide further information on measures taken to give effect, in law and in practice, to this Article of the Convention.

Application in practice. The Committee notes the absence of any information on the application in practice of the Convention. The Committee reiterates its request to the Government to provide a general appreciation of the manner in which the Convention is applied in the country, including, for instance, extracts from official reports, such as labour inspection reports, and information on any practical difficulties in the application of the Convention, the number and nature of work accidents reported, as well as any other information allowing the Committee to assess more accurately how the Convention is applied in practice in the country.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 3 of the Convention. Exemptions to the obligation to provide guards. The Committee notes that, in response to its previous comments, the Government refers to Section 16 of Ministerial Decree (MD) No. 46, but that this provision does not seem to regulate the matters provided for in Article 3 of the Convention. The Committee notes that the newly adopted regulation MD No. 46 does not include any provision providing for possible exemptions from the obligations it prescribes. The Committee requests the Government to confirm that exemptions from the applicability of the provisions in MD No. 46 is not provided for in any other legislation.

Article 4. Responsibility for ensuring compliance. The Committee notes the information provided that the labour inspectorate is competent to ensure compliance with the provisions of MD No. 46. With reference to the terms of this Article of the Convention, which places a special obligation to ensure compliance inter alia, on the vendor, the person letting out on hire or transferring the machinery in any other manner or the exhibitor, the Committee requests the Government to provide further information on measures taken to give effect, in law and in practice, to this Article of the Convention.

Application in practice. The Committee notes the absence of any information on the application in practice of the Convention. The Committee reiterates its request to the Government to provide a general appreciation of the manner in which the Convention is applied in the country, including, for instance, extracts from official reports, such as labour inspection reports, and information on any practical difficulties in the application of the Convention, the number and nature of work accidents reported, as well as any other information allowing the Committee to assess more accurately how the Convention is applied in practice in the country.

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

Further to its observation the Committee raises the following points:

Article 3 of the Convention. Exemptions to the obligation to provide guards. The Committee notes that, in response to its previous comments, the Government refers to Section 16 of Ministerial Decree (MD) No. 46, but that this provision does not seem to regulate the matters provided for in Article 3 of the Convention. The Committee notes that the newly adopted regulation MD No. 46 does not include any provision providing for possible exemptions from the obligations it prescribes. The Committee requests the Government to confirm that exemptions from the applicability of the provisions in MD No. 46 is not provided for in any other legislation.

Article 4. Responsibility for ensuring compliance. The Committee notes the information provided that the labour inspectorate is competent to ensure compliance with the provisions of MD No. 46. With reference to the terms of this Article of the Convention, which places a special obligation to ensure compliance inter alia, on the vendor, the person letting out on hire or transferring the machinery in any other manner or the exhibitor, the Committee requests the Government to provide further information on measures taken to give effect, in law and in practice, to this Article of the Convention.

Part V of the report form. Practical application of the Convention. The Committee notes the absence of any information on the application in practice of the Convention. The Committee reiterates its request to the Government to provide a general appreciation of the manner in which the Convention is applied in the country, including, for instance, extracts from official reports, such as labour inspection reports, and information on any practical difficulties in the application of the Convention, the number and nature of work accidents reported, as well as any other information allowing the Committee to assess more accurately how the Convention is applied in practice in the country.

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

The Committee notes with satisfaction the adoption of Ministerial Decree No. 12/CAB.MIN/ETPS/046/2008, 8 August (MD No. 46) on guards on machinery and other mechanical engines and the prohibition against sale, hire and exhibition or transfer in any other manner of unguarded machinery including provisions giving effect, inter alia, to Article 2(2)–(4) of the Convention.

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

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:

Article 2(2)–(4) of the Convention. Prohibition against the sale, hire, transfer in any other manner and exhibition of unguarded machinery. The Committee notes the information provided by the Government according to which a draft law has been prepared concerning the guarding of machinery and other mechanical devices and prohibiting the sale, hire, transfer in any other manner and exhibition of machinery not provided with appropriate protection of their dangerous parts. It notes that this law is to be submitted for examination during the next session of the Labour Council. The Committee asks the Government to ensure that the draft legislation gives effect to the Convention and requests it to transmit a copy thereof as soon as it has been adopted.

Article 3. Exemptions to the obligation to provide guards. Article 4. Responsibility for ensuring compliance. With reference to its previous comments, the Committee notes that the Government’s report does not provide an answer to the questions raised by the Committee. The Committee urges the Government to provide information on measures taken or envisaged to give effect, in law and in practice, to Articles 3 and 4 of the Convention.

Part V of the report form. Practical application of the Convention. The Committee requests the Government yet again to provide a general appreciation of the manner in which the Convention is applied in the country, including, for instance, extracts from official reports, such as labour inspection reports, and information on any practical difficulties in the application of the Convention, the number and nature of work accidents reported, as well as any other information allowing the Committee to assess more accurately how the Convention is applied in practice in the country.

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

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

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

Article 2, paragraphs 2–4, of the Convention. Prohibition against the sale, hire, transfer in any other manner and exhibition of unguarded machinery. The Committee notes the information provided by the Government according to which a draft law has been prepared concerning the guarding of machinery and other mechanical devices and prohibiting the sale, hire, transfer in any other manner and exhibition of machinery not provided with appropriate protection of their dangerous parts. It notes that this law is to be submitted for examination during the next session of the Labour Council. The Committee asks the Government to ensure that the draft legislation gives effect to the Convention and requests it to transmit a copy thereof as soon as it has been adopted.

Article 3. Exemptions to the obligation to provide guards. Article 4. Responsibility for ensuring compliance. With reference to its previous comments, the Committee notes that the Government’s report does not provide an answer to the questions raised by the Committee. The Committee urges the Government to provide information on measures taken or envisaged to give effect, in law and in practice, to Articles 3 and 4 of the Convention.

Part V of the report form. Practical application of the Convention. The Committee requests the Government yet again to provide a general appreciation of the manner in which the Convention is applied in the country, including, for instance, extracts from official reports, such as labour inspection reports, and information on any practical difficulties in the application of the Convention, the number and nature of work accidents reported, as well as any other information allowing the Committee to assess more accurately how the Convention is applied in practice in the country.

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)

Article 2, paragraphs 2–4 of the Convention. Prohibition against the sale, hire, transfer in any other manner and exhibition of unguarded machinery. The Committee notes the information provided by the Government according to which a draft law has been prepared concerning the guarding of machinery and other mechanical devices and prohibiting the sale, hire, transfer in any other manner and exhibition of machinery not provided with appropriate protection of their dangerous parts. It notes that this law is to be submitted for examination during the next session of the Labour Council. The Committee asks the Government to ensure that the draft legislation gives effect to the Convention and requests it to transmit a copy thereof as soon as it has been adopted.

Article 3. Exemptions to the obligation to provide guards. Article 4. Responsibility for ensuring compliance. With reference to its previous comments, the Committee notes that the Government’s report does not provide an answer to the questions raised by the Committee. The Committee urges the Government to provide information on measures taken or envisaged to give effect, in law and in practice, to Articles 3 and 4 of the Convention.

Part V of the report form. Practical application of the Convention. The Committee requests the Government yet again to provide a general appreciation of the manner in which the Convention is applied in the country, including, for instance, extracts from official reports, such as labour inspection reports, and information on any practical difficulties in the application of the Convention, the number and nature of work accidents reported, as well as any other information allowing the Committee to assess more accurately how the Convention is applied in practice in the country.

[The Government is asked to reply in detail to the present comments in 2009.]

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

1. With reference to the examination of the case concerning the Democratic Republic of the Congo at the 96th Session of the International Labour Conference in 2007 in the absence of the Government representative, the Committee notes that the Government has not, since 2002, submitted any report on the application of the Convention. Based on information in publicly available sources, the Committee understands, however, that a new Labour Code was adopted on 16 October 2002 (Act No. 15/2002) and notes, with satisfaction, that section 173, paragraph 1 of the new Labour Code gives effect to Article 2 of the Convention.

2. Article 2. Guarding of machinery being sold, hired, or otherwise transferred or exhibited. The Committee notes that paragraph 2 of section 173 of the new Labour Code provides that further legislation providing for the modalities for implementing paragraph 1 of section 173 is to be developed. The Committee requests the Government to provide information on legislation giving further effect to Article 2 of the Convention, and to transmit to it copies of relevant legislative texts as soon as they have been adopted.

3. Article 3. Exemptions to the obligation to provide guards; Article 4. Responsibility for ensuring compliance. With reference to its previous comments, the Committee notes that the new Labour Code does not seem to give effect to these Articles of the Convention. The Committee urges the Government to provide information on measures taken or envisaged to give effect, in law and in practice, to Articles 3 and 4 of the Convention.

4. Part V of the report form. Practical application of the Convention. The Committee requests the Government to provide a general appreciation of the manner in which the Convention is applied in the country, including, for instance, extracts from official reports, such as labour inspection reports, and information on any practical difficulties in the application of the Convention, the number and nature of work accidents reported, as well as any other information allowing the Committee to assess more accurately how the Convention is applied in practice in the country.

[The Government is asked to reply in detail to the present comments in 2008.]

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

1. 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 information contained in the Government’s report. It recalls with regret that for over 30 years it has been requesting the Government to take the necessary measures to give effect to the provisions of Articles 2 to 4 of the Convention. In its last report, the Government indicates that Ministerial Order No. 0057/71 of 20 December 1971, issuing regulations respecting safety at the workplace, gives effect to the provisions of the Convention. However, this text, which was provided by the Government in 1973, has already been examined by the Committee. It concluded that this Ministerial Order only partially gave effect to the provisions of the Convention and, since 1974, it has been requesting the adoption of a text setting forth the prohibition, as required by the Convention, of the sale, hire, transfer in any other manner and exhibition of machinery of which the dangerous parts are without appropriate guards.

The Committee notes that the Government refers in its report to a new draft Labour Code containing provisions prohibiting the sale, hire, exhibition or transfer in any other manner of machinery of which the dangerous parts are without appropriate guards, accompanied by provisions setting forth penalties. It also notes that the procedures for dealing with violations of this prohibition are to be determined by order. In its previous reports, the Government has referred on several occasions to a draft order respecting the guarding of machinery and to the revision of the Labour Code, in the context of which provisions designed to give effect to the above Articles of the Convention were to be adopted. The Committee understands that the new draft Labour Code is the result of the revision which was previously envisaged and confirmed by Government representatives during the ILO’s technical advisory mission in 1997.

2. The Committee recalls that it has for over 30 years been requesting the Government to take the necessary measures to give effect to the provisions of Articles 2 to 4 of the Convention, that almost ten years have passed since the technical advisory mission of the ILO which took place in 1997 and that the draft Labour Code and Order which, according to the Government, contains provisions prohibiting the sale, hire, exhibition or transfer in any other matter of machinery of which the dangerous parts are without appropriate guards, accompanied by provisions setting forth penalties, has still not been adopted. Against this background, the Committee invites the Government to seek further technical assistance from the ILO to resolve any remaining obstacles giving effect to the Convention in the country and hopes that the Government will make every effort to take the necessary action in the very near future.

[The Government is asked to supply full particulars to the Conference at its 96th Session and to reply in detail to the present comments in 2007.]

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

1. 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. It recalls with regret that for over 30 years it has been requesting the Government to take the necessary measures to give effect to the provisions of Articles 2 to 4 of the Convention.

It its last report, the Government indicates that Ministerial Order No. 0057/71 of 20 December 1971, issuing regulations respecting safety at the workplace, gives effect to the provisions of the Convention. However, this text, which was provided by the Government in 1973, has already been examined by the Committee. It concluded that this Ministerial Order only partially gave effect to the provisions of the Convention and, since 1974, it has been requesting the adoption of a text setting forth the prohibition, as required by the Convention, of the sale, hire, transfer in any other manner and exhibition of machinery of which the dangerous parts are without appropriate guards.

The Committee notes that the Government refers in its report to a new draft Labour Code containing provisions prohibiting the sale, hire, exhibition or transfer in any other manner of machinery of which the dangerous parts are without appropriate guards, accompanied by provisions setting forth penalties. It also notes that the procedures for dealing with violations of this prohibition are to be determined by order. In its previous reports, the Government has referred on several occasions to a draft order respecting the guarding of machinery and to the revision of the Labour Code, in the context of which provisions designed to give effect to the above Articles of the Convention were to be adopted. The Committee understands that the new draft Labour Code is the result of the revision which was previously envisaged and confirmed by Government representatives during the ILO’s technical advisory mission in 1997. In view of the fact that the Committee has for nearly 30 years been pointing out the need to take measures, either by legislative or any other appropriate means, to give effect to the above provisions of the Convention, it trusts that the Government will in the near future adopt the text of the above Labour Code and of the Order and that it will provide copies thereof with its next report.

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

Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the Government’s report. It recalls with regret that for over 30 years it has been requesting the Government to take the necessary measures to give effect to the provisions of Articles 2 to 4 of the Convention.

It its last report, the Government indicates that Ministerial Order No. 0057/71 of 20 December 1971, issuing regulations respecting safety at the workplace, gives effect to the provisions of the Convention. However, this text, which was provided by the Government in 1973, has already been examined by the Committee. It concluded that this Ministerial Order only partially gave effect to the provisions of the Convention and, since 1974, it has been requesting the adoption of a text setting forth the prohibition, as required by the Convention, of the sale, hire, transfer in any other manner and exhibition of machinery of which the dangerous parts are without appropriate guards.

The Committee notes that the Government refers in its report to a new draft Labour Code containing provisions prohibiting the sale, hire, exhibition or transfer in any other manner of machinery of which the dangerous parts are without appropriate guards, accompanied by provisions setting forth penalties. It also notes that the procedures for dealing with violations of this prohibition are to be determined by order. In its previous reports, the Government has referred on several occasions to a draft order respecting the guarding of machinery and to the revision of the Labour Code, in the context of which provisions designed to give effect to the above Articles of the Convention were to be adopted. The Committee understands that the new draft Labour Code is the result of the revision which was previously envisaged and confirmed by Government representatives during the ILO’s technical advisory mission in 1997. In view of the fact that the Committee has for nearly 30 years been pointing out the need to take measures, either by legislative or any other appropriate means, to give effect to the above provisions of the Convention, it trusts that the Government will in the near future adopt the text of the above Labour Code and of the Order and that it will provide copies thereof with its next report.

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

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:

  Articles 2 to 4 of the Convention. For several decades the Committee has drawn the Government’s attention to the absence of measures giving effect to the abovementioned Articles and to the need to make provision in the national legislation for, or to establish by other equally effective measures, the prohibition of the sale, hire, transfer in any other manner and exhibition of machinery of which the dangerous parts are without appropriate guards, with the obligation to respect this prohibition being placed on the person selling, hiring, exhibiting or transferring the machinery in any other manner, or on their representatives.

In its reports, the Government referred on several occasions to a draft Order relating to the guarding of machinery and to the review of the Labour Code as part of which provisions designed to give effect to the Articles of the Convention in question would be adopted. The Committee notes that this position was confirmed by government representatives during the technical advisory mission conducted by the ILO in 1997.

The Committee once again expresses the hope that in the very near future the Government will take all the necessary measures to ensure finally that the provisions of Articles 2 to 4 of the Convention are applied.

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

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

Articles 2 to 4 of the Convention.  For several decades the Committee has drawn the Government’s attention to the absence of measures giving effect to the abovementioned Articles and to the need to make provision in the national legislation for, or to establish by other equally effective measures, the prohibition of the sale, hire, transfer in any other manner and exhibition of machinery of which the dangerous parts are without appropriate guards, with the obligation to respect this prohibition being placed on the person selling, hiring, exhibiting or transferring the machinery in any other manner, or on their representatives.

In its reports, the Government referred on several occasions to a draft Order relating to the guarding of machinery and to the review of the Labour Code as part of which provisions designed to give effect to the Articles of the Convention in question would be adopted. The Committee notes that this position was confirmed by government representatives during the technical advisory mission conducted by the ILO in 1997.

The Committee once again express the hope that in the very near future the Government will take all the necessary measures to ensure finally that the provisions of Articles 2 to 4 of the Convention are applied.

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

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:

Articles 2 to 4 of the Convention. For several decades the Committee has drawn the Government's attention to the absence of measures giving effect to the above-mentioned Articles and to the need to make provision in the national legislation for, or to establish by other equally effective measures, the prohibition of the sale, hire, transfer in any other manner and exhibition of machinery of which the dangerous parts are without appropriate guards, with the obligation to respect this prohibition being placed on the person selling, hiring, exhibiting or transferring the machinery in any other manner, or on their representatives. In its reports, the Government referred on several occasions to a draft Order relating to the guarding of machinery and to the review of the Labour Code as part of which provisions designed to give effect to the Articles of the Convention in question would be adopted. The Committee notes that this position was confirmed by government representatives during the technical advisory mission conducted by the ILO in 1997. The Committee once again express the hope that in the very near future the Government will take all the necessary measures to ensure finally that the provisions of Articles 2 to 4 of the Convention are applied.

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

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

Articles 2 to 4 of the Convention. For several decades the Committee has drawn the Government's attention to the absence of measures giving effect to the above-mentioned Articles and to the need to make provision in the national legislation for, or to establish by other equally effective measures, the prohibition of the sale, hire, transfer in any other manner and exhibition of machinery of which the dangerous parts are without appropriate guards, with the obligation to respect this prohibition being placed on the person selling, hiring, exhibiting or transferring the machinery in any other manner, or on their representatives. In its reports, the Government referred on several occasions to a draft Order relating to the guarding of machinery and to the review of the Labour Code as part of which provisions designed to give effect to the Articles of the Convention in question would be adopted. The Committee notes that this position was confirmed by government representatives during the technical advisory mission conducted by the ILO in 1997. The Committee once again express the hope that in the very near future the Government will take all the necessary measures to ensure finally that the provisions of Articles 2 to 4 of the Convention are applied.

Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

Articles 2 to 4 of the Convention. For several decades the Committee has drawn the Government's attention to the absence of measures giving effect to the above-mentioned Articles and to the need to make provision in the national legislation for, or to establish by other equally effective measures, the prohibition of the sale, hire, transfer in any other manner and exhibition of machinery of which the dangerous parts are without appropriate guards, with the obligation to respect this prohibition being placed on the person selling, hiring, exhibiting or transferring the machinery in any other manner, or on their representatives.

In its reports, the Government referred on several occasions to a draft Order relating to the guarding of machinery and to the review of the Labour Code as part of which provisions designed to give effect to the Articles of the Convention in question would be adopted. The Committee notes that this position was confirmed by government representatives during the technical advisory mission conducted by the ILO in 1997.

The Committee once again express the hope that in the very near future the Government will take all the necessary measures to ensure finally that the provisions of Articles 2 to 4 of the Convention are applied.

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

For a number of years the Committee has been drawing the Government's attention to the need to take measures to give effect to the provisions of Articles 2 to 4 of the Convention (prohibition of the sale, hire, transfer in any other manner and exhibition of machinery of which the dangerous parts are without appropriate guards).

In its reports the Government has referred several times to a draft Order on the guarding of machinery which the Government sent in 1983, and to the revision of the Labour Code. It also indicated that when the Code was revised, provisions would be adopted to give effect to the above-mentioned Articles of the Convention.

The Committee notes that in its last report the Government states that the draft Order on the guarding of machinery can be adopted only after the new Labour Code has been promulgated, which is not yet the case.

The Committee notes the information provided by the Government on the practical application of the Convention to the effect that the number of accidents due to machines was 82, 6 and 17 in 1989, 1990 and 1991 respectively.

The Committee hopes that the Government will do its utmost to take the necessary measures in the very near future. It asks the Government to indicate whether the draft Order referred to in its report is the same as the one the Committee noted in 1983 and on which it commented in a direct request of the same year.

Observation (CEACR) - adopted 1989, published 76th ILC session (1989)

The Committee notes from the Government's reply to its previous observation that the draft Labour Code, which is to contain a provision establishing the principle of protection set forth in the Convention, has been adopted by the National Labour Council and is now to be adopted and promulgated by the competent national authorities. It hopes that the Labour Code will be adopted at the earliest possible date.

The Committee also expresses the hope that the draft Order on the guarding of machinery, which the Government referred to in its previous report and which was to bring the legislation into conformity with Articles 2 and 4 (prohibition of the sale, hire, transfer in any other manner and exhibition of machinery of which the dangerous parts are without appropriate guards) and with Article 17 of the Convention (extension of the guarding of machinery to the agricultural sector) will also be adopted in the very near future.

Since the Committee has been pointing out for a number of years that measures should be taken to give effect to the above-mentioned provisions of the Convention, it trusts that the Government will be able to provide the text of the Labour Code and the above-mentioned Order with its next report. [The Government is asked to report in detail for the period ending 30 June 1990.]