Labour Inspection Convention, 1947 (No. 81) - Central African Republic (Ratification: 1964)

Individual Case (CAS) - Discussion: 1990, Publication: 77th ILC session (1990)

See under Convention No. 29, as follows:

The Government has communicated the following information:

In the detailed reports on ratified Conventions, and during the sessions of the International Labour Conference, Government delegates have always indicated that draft texts have been drawn up to bring the national law and practice into conformity with certain Conventions, namely Nos.: 18 - Workmen's Compensation (Occupational Diseases), 1925; 19 - Equality of Treatment (Accident Compensation), 1925; 29 - Forced Labour, 1930; 41 - Night Work (Women) (Revised), 1934; 52 - Holidays with Pay, 1936; 62 - Safety Provisions (Building), 1937; 87 - Freedom of Association and Protection of the Right to Organise, 1948; 105 - Abolition of Forced Labour, 1957; 118 - Equality of Treatment (Social Security), 1962. The constitutional procedure for the adoption of these draft texts is underway and is continuing before the competent national authorities. It points out that the delay in adopting these drafts was mainly due to the fact that parliamentary sessions take place twice each year (in March and October) and the draft legislation which has been debated there very often involved economic problems, given the recent creation of this institution. However, measures have been taken by the Department of Labour to encourage the competent authorities to accelerate the adoption of these texts. The Office will be kept informed of the measures taken in this regard in due time. In the meantime, the Government refers to its reports made on these instruments.

In addition, a Government representative indicated that there had been a recent change in the administration and a new Minister of Labour had only recently been appointed. He noted that the necessary legislation had been elaborated and submitted to the competent authorities but that he was not sure what was delaying its adoption. The new Minister of Labour wished to assure this Committee that he would do everything in his power to ensure that these texts were adopted.

The Workers' members wished to draw the Government's attention to the importance this Committee attached to this Convention and to the fact that the Committee of Experts had been making comments on this Convention virtually every year since 1966. It was clear that this Convention was not being applied in the Central African Republic. In the first place, several provisions existed which involved forced labour for certain categories of citizens. For some time now the Government had indicated that draft legislation to repeal these provisions had been drawn up and submitted to the competent authorities. Secondly, there was the issue of compulsory cultivation imposed on local communities. The Convention, however, only authorised recourse to compulsory cultivation for the prevention of famine. They expressed their deep concern at the situation and hoped that the Government would be in a position to indicate next year that the legislation in question had indeed been repealed.

The Employers' members noted that this problem needed urgent attention by the Government as it had been discussed in this Committee since 1966. The first issue of concern was the legislation which provided for forced labour. In the past, the Government had indicated that this legislation would be repealed, but now the Committee of Experts' report indicated that a tripartite committee had been established to assess the effects of repealing these texts at the social and economic level. This appeared to be a step backwards as the Government had indicated that this legislation was no longer applied. The second issue concerned compulsory cultivation. The Government should specify the actual limits of the legislation concerning compulsory cultivation so that it would remain within the permissible scope of the Convention. Given that this question had been discussed for a number of years and that no information had been received, new legislation should be introduced as soon as possible. If no progress could be indicated next year, the present Committee should adopt stricter measures.

The Government representative clarified that the text adopted under the former regime had fallen into abeyance and was no longer applicable. The comments made by the Committee of Experts had indicated that the Government should formally repeal these texts and it was in the process of doing this.

In addition, Government representative indicated that, as concerned the reimbursement for travelling and incidental expenses of labour inspectors, all civil servants were treated alike, and for some years now were subject to a number of restrictions imposed by the international monetary institutions. His Government had envisaged a text for the allocation of an additional allowance for all civil servants. In the present circumstances, however, it was difficult to increase the State's expenses. Nevertheless, since 1981 labour inspectors had received a monthly allowance equal to 20 per cent of their emoluments. As concerned the transmission of annual general inspection service reports, labour inspectors encountered difficulties in moving about to carry our inspection. This year his Government had, however, made an effort and all provincial labour inspectors had been provided with vehicles and had been given instructions concerning labour reports. Measures had been taken to establish a monthly and an annual labour report. As of 1991, a summary of labour inspection reports would be sent to the Office, in conformity with the provisions of the Convention.

The Employers' members stressed the importance of this Convention as it concerned the implementation of obligations concerning labour inspection relevant to the application of several ILO Conventions. An adequate staffing level was necessary for effective inspection, but it was also necessary to have the means available to work effectively, including the reimbursement of travel expenses. If travel expenses were not provided, then the inspection would not be carried out. As the Government had referred to economic difficulties, it was unlikely that this problem could be dealt with by an additional payment in salaries. No labour inspection report had been received from the Government since the ratification of this Convention 25 years ago. The Government representative had promised that a report would be sent next year. They could only hope that that would in fact be the case.

The Workers' members noted that if the Government had submitted reports over the years explaining its difficulties, particularly as concerned the restrictions imposed by the international financial organisations, the Office might have been able to help it. However, the Office could not give assistance in the absence of such reports and requests.

The Committee noted the information given by the Government according to which the new Minister of Labour had only been in office for a few days. Although such a change in government could be a cause of delay in complying with provisions of a Convention, it regretted that the Government had not been in a position to ensure compliance over the last period. It, therefore, urged the Government to amend the legislation as indicated by the Committee of Experts and felt the need to state that, if the Government did not comply with this request, the Committee might treat the case next year in a different way.

In addition, Government representative indicated that, as concerned the reimbursement for travelling and incidental expenses of labour inspectors, all civil servants were treated alike, and for some years now were subject to a number of restrictions imposed by the international monetary institutions. His Government had envisaged a text for the allocation of an additional allowance for all civil servants. In the present circumstances, however, it was difficult to increase the State's expenses. Nevertheless, since 1981 labour inspectors had received a monthly allowance equal to 20 per cent of their emoluments. As concerned the transmission of annual general inspection service reports, labour inspectors encountered difficulties in moving about to carry our inspection. This year his Government had, however, made an effort and all provincial labour inspectors had been provided with vehicles and had been given instructions concerning labour reports. Measures had been taken to establish a monthly and an annual labour report. As of 1991, a summary of labour inspection reports would be sent to the Office, in conformity with the provisions of the Convention.

The Employers' members stressed the importance of this Convention as it concerned the implementation of obligations concerning labour inspection relevant to the application of several ILO Conventions. An adequate staffing level was necessary for effective inspection, but it was also necessary to have the means available to work effectively, including the reimbursement of travel expenses. If travel expenses were not provided, then the inspection would not be carried out. As the Government had referred to economic difficulties, it was unlikely that this problem could be dealt with by an additional payment in salaries. No labour inspection report had been received from the Government since the ratification of this Convention 25 years ago. The Government representative had promised that a report would be sent next year. They could only hope that that would in fact be the case.

The Workers' members noted that if the Government had submitted reports over the years explaining its difficulties, particularly as concerned the restrictions imposed by the international financial organisations, the Office might have been able to help it. However, the Office could not give assistance in the absence of such reports and requests.

The Committee took note of the information supplied by the Government, which referred to the financial situation in the country. The Committe stressed the importance it attached to labour inspectors being able to carry out their jobs which entailed travelling. It, therefore, hoped that the Government would find the means to enable those inspectors to carry out their tasks properly. It further expressed its strong wish that the Government would also fulfil its other obligations under the Convention.

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

Previous comment on Convention No. 81 and Convention No. 150

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on labour inspection and labour administration, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection) and 150 (labour administration) together.

Labour Inspection Convention, 1947 (No. 81)

Legislation.Noting that a draft revised Labour Code has already been drawn up and that it contains, in Chapter IX, new provisions concerning labour administration and inspection, the Committee requests the Government to provide information on any measures taken with a view to adopting the above draft and to transmit a copy of the new Labour Code, once it has been adopted.

Article 5(a) of Convention No. 81. Effective cooperation between the inspection services and judicial bodies. Further to its previous comment, the Committee notes that, according to section 380 of the draft revised Labour Code, labour inspection officers are responsible, concurrently with judiciary police officials, for reporting infringements to the regulatory provisions on working conditions and protection of workers in the performance of their occupation. The Committee once again requests the Government to provide: (a) information on any progress achieved in formalizing cooperation between the inspection services and the judicial bodies; and (b) statistics pertaining to the action taken on the reports submitted by the labour inspectorate to judicial bodies.

Article 6. Status and conditions of service of inspection staff. In response to the Committee’s previous comment, the Government indicates that it has renewed its commitment to continue its efforts to ensure the independence and impartiality of labour inspectors. In addition, the Committee notes that section 389(2) of the draft revised Labour Code envisages awarding inspectors monthly compensation, aimed at ensuring their independence and integrity and that, under section 400(3), labour inspectors and controllers should be governed by specific regulations issued by the Council of Ministers. In this regard, the Government states that specific regulations for labour inspectors were being drafted, but that the main difficulty lay in the various crises that had impacted the macro-economic situation of the country. While taking note of this situation, the Committee requests the Government to provide information on any measures taken with a view to the adoption of specific regulations for labour inspectors that ensure their job security and independence.

Article 7. Training of labour inspectors. In response to the Committee’s previous comment, the Government indicates that significant progress has been made towards strengthening the technical capacities of labour inspectors, with requests made to the Office, the International Training Centre of the ILO and the African Regional Labour Administration Centre (CRADAT). The Committee requests the Government to provide specific information on the training imparted to labour inspectors, including the duration and topics of such training, as well as the number of inspectors concerned.

Article 9. Association with experts and technicians. Further to its previous comment, the Committee notes that the provisions of section 401 of the draft revised Labour Code reproduce those of section 325 of the Labour Code, under the terms of which a decree must establish the conditions and the ways in which labour inspectors may seek support from experts. The Committee therefore once again requests the Government to provide information on any measures taken or envisaged with a view to the adoption of the above-mentioned decree and to provide a copy of it, if adopted.

Articles 13 and 17. Powers of injunction of inspectors and prompt legal proceedings or warnings. Further to its previous comment, the Committee notes that the provisions of section 366 of the draft revised Labour Code reproduce those of section 300 of the Labour Code, under the terms of which the Minister of Labour, together with the Minister of Public Health, shall adopt regulations concerning occupational safety and health and specify the conditions in which the labour inspector or occupational health specialist must issue notices to comply. The Committee therefore once again requests the Government to provide information on these regulations and to provide a copy of them, if adopted.

Article 19. Submission of reports of labour inspectors or local inspection offices to the central inspection authority. The Committee notes that in response to its previous comment, the Government indicates that under Decree No. 18.160 of 18 June 2018 on the organization and functioning of the Ministry of Labour, Employment, Vocational Training and Social Protection and determining the functions of the Ministry, the regional labour directorates fall under the central authority, which is responsible for examining the periodic reports that are established. The Committee once again requests the Government to provide information on the subjects covered by the periodic reports established by the local inspection offices and their frequency. The Committee also requests the Government to provide a copy of above-mentioned Decree No. 18.160.

Articles 20 and 21. Annual reports on the work of the inspection services. The Committee notes that, in response to its previous request, the Government indicates that under above-mentioned Decree No. 18.160, the central authority also examines the annual reports. The Committee notes, however, that none of these reports have been published or transmitted to the Office. The Committee once again requests the Government to step up its efforts to ensure that annual reports on labour inspection are published and regularly transmitted to the ILO within the periods established in the above-mentioned Articles and that they contain all the information required by Article 21 of the Convention.

Labour Administration Convention, 1978 (No. 150)

Article 3 of Convention No. 150. Activities in the field of national labour policy that may be regulated by having recourse to direct negotiations between the social partners. In response to the Committee’s previous comment, the Government indicates, in its report, that the trade unions may conclude collective agreements under the conditions set out by chapter 6 of Title III of the Labour Code. The Government adds that under sections 210 and 211 of the Labour Code, trade union organization and employer representatives concluded a certain number of collective agreements in enterprises of the banking sector, as well as in the area of insurance, and air or river transport. The Committee notes this information, which responds to its previous request.

Article 4. Structure and operation of the labour administration system. Further to its previous comment, the Committee notes the Government’s information that the labour administration system is governed by the provisions of Decree No. 18.160 of 21 June 2018 on the organization and functioning of the Ministry of Labour, Employment, Vocational Training and Social Protection and determining the functions of the Ministry. This Ministry is composed of the Cabinet, the General Directorate of Labour, the General Directorate of Employment and Vocational Training, and the General Directorate of Social Protection. In addition, two bodies are under the aegis of the said Ministry: the National Social Security Fund and the Central African Agency for Vocational Training and Employment (ACFPE), which actively participate in the implementation of public policy regarding labour, employment, vocational training and social protection. The Government indicates that there are seven decentralized regional labour departments and that in 2017, the Ministry, with the assistance of the Office, adopted a national strategy for development and modernization of labour administration, accompanied by a five-year action plan. At the end of 2022, the Ministry undertook to evaluate this strategy with a view to adapting it to the current context. The Committee requests the Government to provide more information on the functioning of the labour administration bodies at the regional and local levels, as well as on the measures taken to ensure that the tasks and responsibilities entrusted to these bodies are appropriately coordinated. It also requests the Government to provide the result of the evaluation of the implementation of the national strategy for development and modernization of labour administration and to indicate whether this strategy has been renewed.

Article 5. Tripartite consultation, cooperation and negotiation. Further to its previous comment, the Committee notes that, according to the Government’s information, there is a consultation, cooperation and negotiation body (the Tripartite Steering Committee on the social pact), and bodies for dialogue between the State and the unions and for dialogue between the State and employers (the joint consultation framework for business improvement). Further, the Committee notes that Decree No. 07.177 of 18 June 2007 sets forth the organization and functioning of the Standing National Labour Council and that under section 338 of the Labour Code, this tripartite body (the composition of which is also stipulated in the above-mentioned decree) issues views on questions concerning, in particular, labour, employment and vocational training, makes recommendations on legislation and regulations in these areas, and promotes social dialogue. The Committee notes this information, which responds to its previous request.

Article 6. Functions of the labour administration system. 1. Employment policy. In response to the Government’s previous comment, the Government indicates that the conclusions of the National Forum on decent work of 2011 have resulted in particular in the development of a framework document on the 2016 employment policy, with the heavy involvement of the social partners. In this regard, the Committee once again requests the Government to refer to its 2022 comment under the application of the Employment Policy Convention, 1964 (No. 122).

2. Studies, research and statistics. Further to its previous comment, the Committee notes that under above-mentioned Decree No. 18.160 of 21 June 2018, a department is in charge of the studies in each of the three general directorates: the Directorate of studies, technical cooperation and labour statistics of the General Directorate of Labour; the Directorate of studies, planning and statistics under the General Directorate of Employment and Vocational Training; and the Directorate of studies and planning under the General Directorate of Social Protection. The Committee requests the Government to provide further information on the activities of these three directorates in charge of studies, research and statistics, including a copy of the studies or research carried out and statistics collected.

3. Provision of technical advice. The Committee requests the Government to provide information on the technical views issued by the labour administration bodies in response to workers’ and employers’ demands, as well as their respective organizations.

Article 10. Status and conditions of service of the labour administration staff. 1. Status and remuneration of labour administration staff. In response to the Committee’s previous request, the Government indicates that recruitment of labour administration officials is governed by the provisions of Act No. 99.016 of 16 July 1999, amending and supplementing certain provisions of Ordinance No. 93.008, of 14 June 1993, issuing the General Regulations for the public service. The Committee requests the Government to provide information on the measures taken to ensure the adoption of regulations for labour administration officials, determining the conditions for their recruitment, remuneration and promotion, in order to protect these officials from any improper external influence and enable them to effectively perform their duties.

2. Training of labour administration staff. In response to the Committee’s previous comment, the Government indicates that training for officials is ensured either by the universities or by vocational training colleges and the International Training Centre of the ILO. The Committee requests the Government to continue to provide information on the training activities in which labour administration officials participate, specifying the duration and the training topics covered, as well as the number and categories of staff who participate.

3. Financial and material resources available to labour administration staff for the effective performance of their duties. The Committee notes that, according to the Government’s information, the Ministry of Labour does not have a sufficient budget to ensure an effective functioning of the labour administration system, but that the authorities continue to make efforts to this end. The Committee urges the Government to provide information on any measures taken or envisaged to ensure that sufficient financial and material resources are made available to labour administration officials and on any progress achieved in this regard.

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

Previous comment

Article 3(2) of the Convention. Duties of labour inspectors. In response to the Committee’s previous comment, the Government indicates in its report that, in addition to their advice and supervision duties, labour inspectors play a conciliation role and provide assistance in enforcing the applicable principles on freedom of association and the promotion of collective bargaining. The Government states that, while prioritizing urgent situations, the inspectors plan their administrative tasks with a view to promptly and effectively performing their additional duties and, thereby, preserving the social peace. Moreover, the Committee notes that section 436 of the draft revised Labour Code still provides that the conciliation duties that fall within the labour inspector’s remit are an obligatory stage of the amicable settlement of individual and collective labour disputes. The Committee recalls the importance of avoiding overburdening inspectorates with tasks, which by their nature may be understood as incompatible with their primary function of enforcing legal provisions (2006 General Survey on Labour Inspection, paragraph 72). The Committee also recalls that Paragraph 8 of the Recommendation No. 81 provides that the functions of labour inspectors should not include that of acting as conciliator or arbitrator in proceedings concerning labour disputes. The Committee once again requests the Government to provide information on the time and resources spent by labour inspectors on their various duties. It also requests the Government to adopt the necessary measures to ensure that the additional duties entrusted to labour inspectors are not an obstacle to the performance of their main duties, including in the context of the reform of the Labour Code.

Articles 11 and 16. Material means and transport facilities placed at the disposal of labour inspectors and reimbursement of necessary expenses. Frequency of inspection visits and effectiveness of the system. The Committee notes that in response to its previous comment, the Government indicates that it has renewed its commitment to pursue its efforts to furnish the labour inspection services with material means and transport facilities to enable them to perform their duties with impartiality and independence. The Government also indicates that it is continuing its efforts to refurbish the local labour inspection offices, both at the central level and in the seven regional directorates of labour. The Committee requests the Committee to: (i) intensify its efforts to ensure that labour inspectors are afforded offices that are properly set up, and resources and reimbursement of necessary expenses for the effective performance of their duties; and (ii) continue to provide information on any measure taken to this end.

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

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

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 5(a) of the Convention. Effective cooperation between the inspection services and judicial bodies. In its previous comments, the Committee noted that, in accordance with section 322 of the Labour Code, labour inspectors record offences against labour laws and regulations in written reports and may refer the matter to the competent judicial authorities directly, and asked the Government to provide information in this regard. The Committee notes the Government’s indication in its report that it will take the necessary steps to make cooperation between the Ministry of Labour, Employment, Vocational Training and Social Security and the judicial bodies more formal.The Committee requests the Government to provide: (a) information on any progress achieved in formalizing cooperation between the inspection services and judicial bodies, in accordance with Article 5(a) of the Convention; and (b) statistics pertaining to the action taken on the reports submitted by the labour inspectorate to judicial bodies.

Article 6. Status and conditions of service of inspection staff. In its previous comments, the Committee noted: (a) that the regulations of the labour inspectorate must be established in a decree issued by the Council of Ministers at the proposal of the Minister of Labour (section 319(3) of the Labour Code of 2009); and (b) the Government’s indication that specific regulations for labour inspectors and administrators were being drafted. The Government indicates that the draft regulations for inspectors and administrators envisaged in section 319(3) of the Labour Code have not yet been adopted by the competent authorities, owing to political and military difficulties that arose in 2012, which continue to have an impact on several reform projects under way.While taking due note of the situation in the country, the Committee requests the Government to continue to provide information on the status and conditions of service of inspection staff, in accordance with Article 6 of the Convention, and to provide a copy of the decree once it has been adopted.

Article 7. Training of labour inspectors. In its previous comments, the Committee asked the Government to provide detailed information on training programmes for labour inspectors. In this regard, the Committee notes the information provided by the Government on the training received by labour inspectors, including its indication that: 13 labour inspectors and controllers (inspector assistants) received further training from the Government in cooperation with the African Regional Labour Administration Centre (ARLAC) during the period 2011–18; five inspectors have received training under the project to support the implementation of the ILO Declaration (PAMODEC) on the training of trainers in the area of international labour standards; and 25 have been trained on the implementation of the eight fundamental Conventions and on data collection.The Committee requests the Government to provide additional information in this regard, including on the impact of labour inspectors’ training on the performance of their duties.

Article 9. Association with experts and technicians. The Committee notes that, in accordance with section 325 of the Labour Code, a decree issued by the Council of Ministers at the proposal of the Minister of Labour establishes the conditions and the ways in which labour inspectors may seek support from experts and determine the forms of their remuneration.The Committee requests the Government to provide information on the decree referred to 325 of the Labour Code and to provide a copy of the decree, if adopted.

Articles 13 and 17. Powers of injunction of inspectors and prompt legal proceedings or warnings. The Committee notes that, under section 300 of the Labour Code, the Minister of Labour, together with the Minister of Public Health, shall adopt regulations concerning occupational safety and health at workplaces, in consultation with the National Council for the Prevention of Occupational Hazards. These regulations specify the conditions in which the relevant labour inspector or occupational health specialist must issue notices to comply.The Committee requests the Government to provide information on the regulations referred to in section 300 of the Labour Code and to provide a copy of these regulations, if adopted.

Article 19. Submission of reports of labour inspectors or local inspection offices to the central inspection authority. The Committee notes the information provided in the 2013 partial activity report of the Ministry of Labour, Employment, Vocational Training and Social Security, according to which, following the adoption of Decree No. 12.177 of 4 August 2012, the seven existing regional inspectorates became service directorates. According to the report, as a result of this administrative restructuring, the newly created directorates no longer answer hierarchically to the General Directorate of Labour and Social Welfare or submit their activity reports to it. The Committee also notes that, according to the technical memorandum on the National Strategy for the Development and Modernization of the Labour Administration System of the Central African Republic, there is no manual on the preparation of activity reports, which is why difficulties arise, especially in terms of the availability of comparable data among the various directorates.The Committee requests the Government to provide information on the measures taken or envisaged to ensure that the local inspection offices are required to submit to the central inspection authority periodical reports on the results of their inspection activities, as prescribed by the central authority, with regard to the subjects covered and their frequency. The Committee also requests the Government to provide a copy of Decree No. 12.177 of 4 August 2012 and of Decree No. 05.006 of 12 January 2005 on the organization and operation of the Ministry of the Public Service, Labour, Social Security and the Vocational Integration of Young Persons and establishing the responsibilities of the Minister.

Articles 20 and 21. Annual reports on the work of the inspection services. In its previous comments, the Committee noted that no annual inspection report had been published by the central inspection authority or transmitted to the ILO since the entry into force of the Convention. The Committee notes that the Government provides information on the activities of the General Directorate of Labour and Social Welfare within the Ministry of Labour, Employment, Vocational Training and Social Security (from 2007 to 2013). With regard to labour inspection staff, the Committee notes that, in June 2018, there were 94 labour inspectors and controllers, including 29 women.While taking due note of the information provided on the labour inspection staff and the difficulties facing the country, the Committee requests the Government to take the necessary steps to ensure that annual reports on labour inspection are regularly transmitted to the ILO within the periods established in the abovementioned Articles and that they contain all the information required by Article 21 of the Convention.

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

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

Article 3(2) of the Convention. Duties of labour inspectors. In its previous comments, the Committee noted that a third of labour inspectors had supervisory duties and that, under the Labour Code, labour inspectors were responsible for the conciliation of collective and individual labour disputes. It asked the Government to provide an estimate of the time spent on the primary functions as set out in Article 3(1) of the Convention as compared to the other functions of the labour inspectorate. In this regard, the Committee observes that, according to the technical memorandum on the National Strategy for the Development and Modernization of the Labour Administration System of the Central African Republic, prepared in 2017 with the support of the ILO and attached to the Government report, the conciliation of individual and collective labour disputes constitutes the majority of inspectors’ work. The Committee also notes that, under the Labour Code, inspectors are assigned other duties relating to the exercise of freedom of association and collective bargaining (such as registering trade unions, supervising elections of staff representatives, facilitating the conclusion of collective labour agreements and receiving advance notice of strikes and lockouts).The Committee requests the Government to provide information on the measures taken or envisaged to ensure that any additional duties assigned to labour inspectors do not interfere with the exercise of their primary duties. It further requests the Government to provide information on the steps taken in this regard and on the time and resources spent by labour inspectors on their various duties.

Articles 11 and 16. Material means and transport facilities placed at the disposal of labour inspectors and reimbursement of necessary expenses. Frequency of inspection visits and effectiveness of the system. In its previous comments, the Committee noted: (a) the persistent lack of material means placed at the disposal of the labour inspection services, including for offices and transport facilities, as well as for the reimbursement of necessary expenses; and (b) the infrequency of inspection visits. The Committee notes in this regard the information provided by the Government in its report on its efforts in 2017 to provide every Regional Directorate of Labour with a motorbike. The Government points out that the prefectural services sometimes rely on employers to provide them with transportation and that the recently created prefectural services do not have their own facilities. The Committee also notes the information provided in the 2013 partial activity report of the Ministry of Labour, Employment, Vocational Training and Social Security, according to which various types of difficulties have hindered the effective realization of the objectives pursued by the General Directorate of Labour and Social Welfare, such as security problems and the plundering of the Directorate. The Committee also notes the Government’s indication that the political and military difficulties that arose in 2012 continue to have a negative impact on several reform projects under way.While taking due note of the difficult situation in the country, the Committee requests the Government to continue its efforts to address the difficulties identified and to guarantee the effectiveness of the system, including by taking the necessary measures to provide labour inspectors with the means necessary for the effective performance of their duties. Recalling that the provision of transport facilities by employers may pose problems relating to the principles of impartiality and independence of labour inspectors, the Committee also requests the Government to continue its efforts to furnish labour inspectors with the transport facilities necessary for the performance of their duties, in accordance with Article 11(b) of the Convention.

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

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

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

Article 5(a) of the Convention. Effective cooperation between the inspection services and judicial bodies. In its previous comments, the Committee noted that, in accordance with section 322 of the Labour Code, labour inspectors record offences against labour laws and regulations in written reports and may refer the matter to the competent judicial authorities directly, and asked the Government to provide information in this regard. The Committee notes the Government’s indication in its report that it will take the necessary steps to make cooperation between the Ministry of Labour, Employment, Vocational Training and Social Security and the judicial bodies more formal. The Committee requests the Government to provide: (a) information on any progress achieved in formalizing cooperation between the inspection services and judicial bodies, in accordance with Article 5(a) of the Convention; and (b) statistics pertaining to the action taken on the reports submitted by the labour inspectorate to judicial bodies.

Article 6. Status and conditions of service of inspection staff. In its previous comments, the Committee noted: (a) that the regulations of the labour inspectorate must be established in a decree issued by the Council of Ministers at the proposal of the Minister of Labour (section 319(3) of the Labour Code of 2009); and (b) the Government’s indication that specific regulations for labour inspectors and administrators were being drafted. The Government indicates that the draft regulations for inspectors and administrators envisaged in section 319(3) of the Labour Code have not yet been adopted by the competent authorities, owing to political and military difficulties that arose in 2012, which continue to have an impact on several reform projects under way. While taking due note of the situation in the country, the Committee requests the Government to continue to provide information on the status and conditions of service of inspection staff, in accordance with Article 6 of the Convention, and to provide a copy of the decree once it has been adopted.

Article 7. Training of labour inspectors. In its previous comments, the Committee asked the Government to provide detailed information on training programmes for labour inspectors. In this regard, the Committee notes the information provided by the Government on the training received by labour inspectors, including its indication that: 13 labour inspectors and controllers (inspector assistants) received further training from the Government in cooperation with the African Regional Labour Administration Centre (ARLAC) during the period 2011–18; five inspectors have received training under the project to support the implementation of the ILO Declaration (PAMODEC) on the training of trainers in the area of international labour standards; and 25 have been trained on the implementation of the eight fundamental Conventions and on data collection. The Committee requests the Government to provide additional information in this regard, including on the impact of labour inspectors’ training on the performance of their duties.

Article 9. Association with experts and technicians. The Committee notes that, in accordance with section 325 of the Labour Code, a decree issued by the Council of Ministers at the proposal of the Minister of Labour establishes the conditions and the ways in which labour inspectors may seek support from experts and determine the forms of their remuneration. The Committee requests the Government to provide information on the decree referred to 325 of the Labour Code and to provide a copy of the decree, if adopted.

Articles 13 and 17. Powers of injunction of inspectors and prompt legal proceedings or warnings. The Committee notes that, under section 300 of the Labour Code, the Minister of Labour, together with the Minister of Public Health, shall adopt regulations concerning occupational safety and health at workplaces, in consultation with the National Council for the Prevention of Occupational Hazards. These regulations specify the conditions in which the relevant labour inspector or occupational health specialist must issue notices to comply. The Committee requests the Government to provide information on the regulations referred to in section 300 of the Labour Code and to provide a copy of these regulations, if adopted.

Article 19. Submission of reports of labour inspectors or local inspection offices to the central inspection authority. The Committee notes the information provided in the 2013 partial activity report of the Ministry of Labour, Employment, Vocational Training and Social Security, according to which, following the adoption of Decree No. 12.177 of 4 August 2012, the seven existing regional inspectorates became service directorates. According to the report, as a result of this administrative restructuring, the newly created directorates no longer answer hierarchically to the General Directorate of Labour and Social Welfare or submit their activity reports to it. The Committee also notes that, according to the technical memorandum on the National Strategy for the Development and Modernization of the Labour Administration System of the Central African Republic, there is no manual on the preparation of activity reports, which is why difficulties arise, especially in terms of the availability of comparable data among the various directorates. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that the local inspection offices are required to submit to the central inspection authority periodical reports on the results of their inspection activities, as prescribed by the central authority, with regard to the subjects covered and their frequency. The Committee also requests the Government to provide a copy of Decree No. 12.177 of 4 August 2012 and of Decree No. 05.006 of 12 January 2005 on the organization and operation of the Ministry of the Public Service, Labour, Social Security and the Vocational Integration of Young Persons and establishing the responsibilities of the Minister.

Articles 20 and 21. Annual reports on the work of the inspection services. In its previous comments, the Committee noted that no annual inspection report had been published by the central inspection authority or transmitted to the ILO since the entry into force of the Convention. The Committee notes that the Government provides information on the activities of the General Directorate of Labour and Social Welfare within the Ministry of Labour, Employment, Vocational Training and Social Security (from 2007 to 2013). With regard to labour inspection staff, the Committee notes that, in June 2018, there were 94 labour inspectors and controllers, including 29 women. While taking due note of the information provided on the labour inspection staff and the difficulties facing the country, the Committee requests the Government to take the necessary steps to ensure that annual reports on labour inspection are regularly transmitted to the ILO within the periods established in the abovementioned Articles and that they contain all the information required by Article 21 of the Convention.

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

Article 3(2) of the Convention. Duties of labour inspectors. In its previous comments, the Committee noted that a third of labour inspectors had supervisory duties and that, under the Labour Code, labour inspectors were responsible for the conciliation of collective and individual labour disputes. It asked the Government to provide an estimate of the time spent on the primary functions as set out in Article 3(1) of the Convention as compared to the other functions of the labour inspectorate. In this regard, the Committee observes that, according to the technical memorandum on the National Strategy for the Development and Modernization of the Labour Administration System of the Central African Republic, prepared in 2017 with the support of the ILO and attached to the Government report, the conciliation of individual and collective labour disputes constitutes the majority of inspectors’ work. The Committee also notes that, under the Labour Code, inspectors are assigned other duties relating to the exercise of freedom of association and collective bargaining (such as registering trade unions, supervising elections of staff representatives, facilitating the conclusion of collective labour agreements and receiving advance notice of strikes and lockouts). The Committee requests the Government to provide information on the measures taken or envisaged to ensure that any additional duties assigned to labour inspectors do not interfere with the exercise of their primary duties. It further requests the Government to provide information on the steps taken in this regard and on the time and resources spent by labour inspectors on their various duties.

Articles 11 and 16. Material means and transport facilities placed at the disposal of labour inspectors and reimbursement of necessary expenses. Frequency of inspection visits and effectiveness of the system. In its previous comments, the Committee noted: (a) the persistent lack of material means placed at the disposal of the labour inspection services, including for offices and transport facilities, as well as for the reimbursement of necessary expenses; and (b) the infrequency of inspection visits. The Committee notes in this regard the information provided by the Government in its report on its efforts in 2017 to provide every Regional Directorate of Labour with a motorbike. The Government points out that the prefectural services sometimes rely on employers to provide them with transportation and that the recently created prefectural services do not have their own facilities. The Committee also notes the information provided in the 2013 partial activity report of the Ministry of Labour, Employment, Vocational Training and Social Security, according to which various types of difficulties have hindered the effective realization of the objectives pursued by the General Directorate of Labour and Social Welfare, such as security problems and the plundering of the Directorate. The Committee also notes the Government’s indication that the political and military difficulties that arose in 2012 continue to have a negative impact on several reform projects under way. While taking due note of the difficult situation in the country, the Committee requests the Government to continue its efforts to address the difficulties identified and to guarantee the effectiveness of the system, including by taking the necessary measures to provide labour inspectors with the means necessary for the effective performance of their duties. Recalling that the provision of transport facilities by employers may pose problems relating to the principles of impartiality and independence of labour inspectors, the Committee also requests the Government to continue its efforts to furnish labour inspectors with the transport facilities necessary for the performance of their duties, in accordance with Article 11(b) of the Convention.

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

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

The Committee refers the Government to its observation and wishes to raise the following additional points.

Article 3(2) of the Convention. Additional duties of labour inspectors. In its previous comments, the Committee noted that additional duties had been assigned to labour inspectors including the settlement of labour disputes and the supervision of unlawful employment, and that only 18 of the 53 serving inspectors had supervisory duties. The Committee notes in this connection that Act No. 09-004 of 29 January 2009 issuing the Labour Code continues to assign responsibility for conciliation in collective and individual labour disputes to labour inspectors (section 345 et seq. and section 367 et seq. of the Code). The Committee reminds the Government of the primary functions of labour inspectors under Article 3(1) of the Convention (enforcement of the legal provisions relating to conditions of work and the protection of workers and advice to employers and workers). It also reminds the Government of the guidelines set out in Paragraph 8 of the Labour Inspection Recommendation, 1947 (No. 81), which specifies that “the functions of labour inspectors should not include that of acting as conciliator or arbitrator in proceedings concerning labour disputes.” The Committee requests the Government to provide an estimate of the time spent on the primary functions as set out in Article 3(1) of the Convention as compared to the other functions of the labour inspectorate. In view of the limited human resources available to the labour inspection services, the Committee hopes that the Government will take the necessary steps to ensure that, in accordance with Article 3(2), any duties entrusted to labour inspectors in addition to their primary duties are not such as to interfere with the latter or to prejudice in any way the authority necessary to inspectors in their relations with employers and workers. It requests the Government to include in its next report all available information on the measures taken or envisaged in this respect.

Articles 5(b), 17 and 18. Cooperation between the labour inspection services and judicial bodies. The Committee notes that according to section 322 of the abovementioned Act No. 09-004, labour inspectors record offences against labour laws and regulations in written reports and may notify the competent judicial authorities directly. Recalling that collaboration between the labour administration and judicial bodies was already advocated in the ILO technical memorandum produced in 2004 following a mission for diagnosis and evaluation of the labour administration services, the Committee requests the Government to provide statistics pertaining to the action taken on the reports submitted by the labour inspectorate to judicial bodies and to indicate the measures taken or envisaged to strengthen cooperation between the labour inspectorate and judicial bodies, for example by setting up a system for recording judicial decisions, to be made available to the labour inspectorate and by allowing the central authority to use this information in pursuance of its objectives and to include the data in its annual report, pursuant to Article 21(e) of the Convention.

Article 6. Status and conditions of service of labour inspectors. The Committee notes that according to section 319(3) of Act No. 09-004 mentioned above, the regulations of the labour inspectorate shall be established in a decree issued by the Council of Ministers at the proposal of the minister responsible for labour. The Committee recalls its previous comments in which it noted that Act No. 99/916 of 19 July 1999 issuing the general public service regulations did not give effect to Article 6 of the Convention. It also recalls the Government’s statement in its report of 2008 under the Labour Administration Convention, 1978 (No. 150), that specific regulations for labour inspectors and administrators were being drafted. In its direct request of 2010 under Convention No. 150, the Committee also noted that in the context of the 2009 budget the Government planned to “release” the remuneration of labour administration officials and staff, frozen since 1986 for economic reasons, along with that of all other public employees in the country. The Committee requests the Government to provide information on any measures taken or envisaged for the adoption of the draft regulations governing labour inspectors and administrators and hopes that the draft will set conditions for recruitment and conditions of service, particularly remuneration and promotion, that will enable labour inspectors to discharge their duties effectively and remain independent of improper external influences.

The Government is also asked to provide information on developments in the area of labour inspectors’ wages and to provide copies of any pay scales adopted in the period covered by the next report.

Article 7. Initial and continuous training. The Committee requests the Government to provide detailed information on the training programmes for labour inspectors (subjects covered, duration of training, number of participants, etc.), and particularly the programmes set up in the context of international or interregional cooperation. It also asks the Government to send to the ILO the labour inspection methodology guide, which has been validated according to the Government’s report sent to the ILO in 2011.

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

Articles 3(1)(a) and (2), 10, 11 and 16 of the Convention. Enforcement duties of labour inspectors and human and budgetary resources of the labour inspection service. The Committee takes note of the Government’s report, which is virtually identical to the one sent in 2011 under this Convention. In its previous comments, the Committee noted with concern the persistent lack of material resources available to the labour inspection services, in particular suitably equipped premises and transport facilities, and the absence of any specific measures to remedy the situation. The Committee furthermore noted that, in practice, labour inspectors themselves bear the costs incurred in performing their duties. It also noted that out of 53 inspectors, only 18 were assigned to enforcement duties. Lastly, it noted that inspection visits were rare, that inspectors are far away from the workplaces within their remit and that their role remained restricted to the amicable resolution of disputes, a role nonetheless deemed a secondary one by the Government. In the absence of fresh information from the Government, it appears to the Committee that there has been no change in the situation described previously and that the application of the Convention continues to be undermined by the lack of material resources available to the inspection services. While the Government appears to regret the situation, it indicates that no significant steps have been taken. In the light of these observations, the Committee wishes to emphasize that the effective performance of labour inspection duties requires a sufficient number of labour inspectors, as prescribed in Article 10 of the Convention, and the availability of the resources needed to accomplish their tasks and to ensure that their role and the importance of their work is recognized, as provided in Article 11 of the Convention (see General Survey on Labour Inspection, 2006, paragraph 238). Referring to its previous comments, the Committee again invites the Government to avail itself of ILO technical assistance in order to strengthen the resources, organization and functioning of the system of labour inspection, and asks the Government to indicate any measures taken or envisaged for the purpose of seeking the necessary funds, in the framework of bilateral or international financial cooperation, for the material improvement of the labour inspection system. The Committee expresses the firm hope that the Government will be in a position to give an account in its next report of specific measures taken in this regard.

Articles 20 and 21. Annual report on the work of the labour inspectorate. The Committee notes with regret that almost 50 years after the ratification of the Convention, no annual inspection report as required by these Articles of the Convention has been communicated to the Office. It nonetheless notes the information that the Government intends to publish, within a reasonable amount of time, an annual report on the work of the inspection services, in accordance with Article 20 of the Convention, containing the information required under Article 21 of the Convention. The Committee recalls in this regard that an ILO technical memorandum, produced in 2004 following a mission for the diagnosis and evaluation of labour administration services, included in its recommendations the need for company files to be set up using existing statistics files and made available to the services thus allowing the inspection staff to enter the requisite information. Further to its previous requests, the Committee asks the Government to indicate whether measures have been taken, if appropriate with ILO support in the context of technical assistance, to encourage effective cooperation between the labour inspection services and other competent bodies, and to draw up a mapping of workplaces liable to inspection, with register entries indicating at least their geographical location, the branch of activity and the number and categories of workers they employ.

The Committee expresses the firm hope that the Government will do its utmost to ensure that annual inspection reports are published and sent to the ILO within the period set in Article 20 of the Convention, and that they will contain the information set forth in Article 21(a)–(g).

In any event, the Committee asks the Government to provide in its next report information that is as detailed as possible on the number of industrial and commercial establishments that are liable to labour inspection, the number of labour inspectors and controllers (including their specialization, grade and geographical distribution), and the number of inspections carried out and the results thereof (the number of breaches recorded, the legislative or regulatory provisions in question, the penalties applied, etc.).

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

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

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

Repetition

The Committee notes the adoption of Act No. 09-004 of 29 January 2009 establishing the Labour Code chapter II of which concerns labour inspection and gives effect to many provisions of the Convention.

Articles 3(2), 10, 11 and 16 of the Convention. Duties of labour inspectors and human and budgetary resources of the labour inspection service. The Committee notes that, according to the Government’s report, the application of the Convention poses a problem in so far as the resources which should be available to labour inspectors for the performance of their duties are mostly lacking. Notwithstanding section 319(2) of the Labour Code, under the terms of which labour inspection services must have premises that are suited to their needs, the Government states that no significant measures have actually been adopted to this end. In particular, some offices lack even the most essential items, namely, doors, lights, chairs and tables, and are inaccessible when it rains because of flooding. Furthermore, according to the Government’s report, no transport facilities have been established for inspectors since the ratification of the Convention and, apart from the transport expenses which they cover in the course of their duties, labour inspectors themselves pay the costs of communications, reprographics, printing, etc., necessary for the performance of their duties. The Government also states that out of the 53 inspectors, only 18 are assigned to enforcement duties. Some inspectors and controllers who were recruited in 2010 and 2011 are engaged in internships within the technical departments.

The Committee notes with concern the description that the Government has made of the situation faced by the labour inspection services, both from the point of view of human resources and material means. The Committee notes that the Government has not provided the information requested on any steps taken to obtain the technical assistance of the Office and to seek resources through international financial cooperation to improve on this situation.

The Committee urges once again the Government to avail itself of ILO technical assistance, including in order to obtain support in its search for the necessary funds in the framework of international cooperation, with a view to the progressive establishment of a labour inspection system which meets the requirements of the Convention. It requests the Government to provide information on any formal step taken to this end.

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

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

The Committee notes with interest the adoption of Act No. 09-004 of 29 January 2009 establishing the Labour Code chapter II of which concerns labour inspection and gives effect to many provisions of the Convention.

Articles 3(2), 10, 11 and 16 of the Convention. Duties of labour inspectors and human and budgetary resources of the labour inspection service. The Committee notes that, according to the Government’s report, the application of the Convention poses a problem in so far as the resources which should be available to labour inspectors for the performance of their duties are mostly lacking. Notwithstanding section 319(2) of the Labour Code, under the terms of which labour inspection services must have premises that are suited to their needs, the Government states that no significant measures have actually been adopted to this end. In particular, some offices lack even the most essential items, namely, doors, lights, chairs and tables, and are inaccessible when it rains because of flooding. Furthermore, according to the Government’s report, no transport facilities have been established for inspectors since the ratification of the Convention and, apart from the transport expenses which they cover in the course of their duties, labour inspectors themselves pay the costs of communications, reprographics, printing, etc., necessary for the performance of their duties. The Government also states that out of the 53 inspectors, only 18 are assigned to enforcement duties. Some inspectors and controllers who were recruited in 2010 and 2011 are engaged in internships within the technical departments.

The Committee notes with concern the description that the Government has made of the situation faced by the labour inspection services, both from the point of view of human resources and material means. The Committee notes that the Government has not provided the information requested on any steps taken to obtain the technical assistance of the Office and to seek resources through international financial cooperation to improve on this situation.

The Committee urges once again the Government to avail itself of ILO technical assistance, including in order to obtain support in its search for the necessary funds in the framework of international cooperation, with a view to the progressive establishment of a labour inspection system which meets the requirements of the Convention. It requests the Government to provide information on any formal step taken to this end.

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

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

Scope of the ILO/ADMITRA project for the modernization of the labour administration and inspectorate. With reference to its previous comments focusing on the inadequacy of labour inspectors’ conditions of work, particularly the lack of reimbursement of their travelling expenses, the Committee notes that the Government has not supplied the information requested on the measures taken to seek, in the context of bilateral or international financial cooperation, the funds needed to improve the practical situation of the labour inspectorate. In response to this specific request from the Committee, the Government refers to the launching of the ILO/ADMITRA project. However, the Committee observes that the objective of this project, which covers seven French-speaking African countries, is not to assist in the search for the resources required for the functioning of labour administration structures, but to provide technical support for governments, mainly in the following three areas:

1.     Initial and further training for managers and employees in the administration and the labour inspectorate.

2.     Modernization of labour tools and organizational methods.

3.     Strengthening cooperation between the structures comprising the labour administration system (labour, employment, social security, vocational training), on the one hand, and between the labour administration and other administrations operating in related areas (justice, finance, health, etc.), on the other.

With reference to its general observation of 2007 inviting member States which have ratified Conventions on labour inspection to take measures enabling effective cooperation between the labour inspection system and the judicial authorities, the Committee notes with interest that an official from the Directorate-General of Labour and a member of the labour tribunal participated in the subregional workshop on the relations between the labour administration and the labour courts, held in the context of the above project from 8 to 10 May 2008 in Dakar. While noting that cooperation between the labour administration and the judicial system was already advocated in an ILO technical memorandum of 2004 to the Government concerning the reinforcement of labour administration, the Committee hopes that the information provided at this workshop and the fruitful exchanges it produced between participants representing the countries of the subregion will give rise to action and that information on the implementation of the recommended measures will soon be sent to the Office.

Deficiencies in the labour inspection system. Need for urgent financial and organizational measures for improvements relating to the inspection of conditions of work. The Committee notes that, although the labour legislation referred to by the Government under each of the Articles of the Convention may appear to a large extent compatible with the requirements of the Convention, its first report to the ILO on the application of the Labour Administration Convention, 1978 (No. 150), shows that the operation of labour inspection suffers from serious deficiencies. The Government states that the Directorate of Labour and Social Security – which is responsible for the enforcement of labour legislation though its labour inspection structures – does not have its own budget line and the special status of officials and employees of the labour administration was repealed by Act No. 99/016 of 19 July 1999 issuing the general public service regulations. Moreover, no labour administrator has been recruited since. This information is a cause for concern. It seems to imply that, for nearly ten years, labour inspectors have no longer enjoyed the guarantees provided for by Article 6 of the Convention with regard to conditions of service. Furthermore, information available to the ILO shows that successive measures have been adopted to reduce the salaries of all officials pursuant to the financial legislation in force in recent years. As regards the conditions for the performance of their duties, the Committee notes that there has been no improvement, as inspectors are still obliged to pay for their travelling expenses “out of their own pockets”, the expression used by the Government itself. Even though, in legal terms, no enterprise is exempt from inspection, inspection visits are rare and inspection reports non-existent, as indicated by the Government in its report on the application of Convention No. 150. Inspectors are therefore far removed from the establishments liable to inspection and their role remains restricted to the amicable resolution of disputes, which is however considered to be a subsidiary role by the Government.

The Committee reiterates that the technical memorandum of 2004, which recommended speeding up the process for the adoption for the new Labour Code and the decrees necessary for its implementation, also provided for thorough restructuring with technical support from the ILO for strengthening the capacities of all labour administration staff, particularly labour inspectors, in cooperation with the ILO and the African Regional Centre for Labour Administration (CRADAT). The memorandum also considered that it was necessary to draw up files on enterprises backed up by statistical documentation made available to the inspectorate so that inspection staff could enter the required information. It also recommended that inspection methods should be defined for labour inspectors using standardized documentation so as to facilitate and ensure uniformity of investigation techniques, and in particular to gather all information likely to be of interest to all labour administration bodies. The specialization of certain employees in a number of areas and the ongoing redeployment of other employees were considered necessary to cope with rapid change in the world of work and with the emergence of certain epidemics in workplaces. The establishment of a database referring in particular to industrial accidents and cases of occupational disease was also highly recommended.

Noting that the new Labour Code has not yet been adopted, but that it is planned to include provisions establishing heavier penalties for persons obstructing inspectors in the performance of their duties, the Committee can only encourage such an initiative and hope that the definitive text will soon be adopted.

The Committee also notes the Government’s announcement of the preparation of draft conditions of service for labour inspectors and hopes that information on progress made on this draft will soon be sent to the Office. However, it considers that such legislative measures can only have an impact in practice if inspectors can ensure the effective discharge of all the duties defined by Article 3 of the Convention by inspecting the workplaces under their supervision as often as is necessary to ensure the enforcement of the legal provisions relating to conditions of work and the protection of workers while engaged in their work. However, such coverage cannot be ensured if workplaces liable to inspection have not been identified by the inspection services. The allocation of resources to this end is essential, with funding being sought not only from national financial authorities, but also though international cooperation. The above memorandum, together with up to date information on the actual situation and the difficulties facing labour inspection, might constitute effective arguments in this respect.

The Committee therefore urges the Government to promote, in accordance with Article 5(a), effective cooperation between the labour inspectorate and other competent government bodies (including the tax authorities and social insurance funds) for drawing up a list of workplaces liable to inspection, with an entry in a register indicating at least their geographical location, the branch of activity, the number and categories of workers employed there, and also disaggregation of the latter information by gender.

The availability of a register of enterprises that is regularly updated should allow the central inspection authority to fix priorities for action to ensure, as a minimum, the protection of the most vulnerable workers or those most exposed to occupational hazards and to defend its requirements in human, material and logistical resources on the basis of relevant data from national and international financial authorities, so that an adequate budget can be allocated to them, in so far as national conditions permit. A programme of inspections could be drawn up according to the available resources for each labour inspection structure, and periodic reports on inspections, as provided for by Article 19, could be sent to the central authority for the production of the annual report required by Articles 20 and 21. Such a report would inform the social partners, the other government bodies concerned and the ILO supervisory bodies of the progress made and the shortcomings of the labour inspection system so they can provide their opinions for its improvements.

The Committee hopes that the Government will be able to provide information in its next report on specific measures taken to reinforce the resources, organization and working of the labour inspection system. It trusts that, in the first place, it will be able to provide information on targeted measures for promoting effective cooperation between the inspection services and other government services or public and private institutions for the purpose of the application of the Convention, particularly for the establishment of a register of workplaces liable to inspection under the present Convention (Article 2, paragraphs 1 and 10(a)(i) and (ii)), and on measures taken to increase the number of men and women labour inspectors and to reinforce their training during employment (Articles 7 and 10), particularly within the labour section of the National School of Administration and Magistracy, the establishment of which has been announced by the Government.

The Committee hopes that the Government will not fail to indicate the steps taken at the national level and in the framework of international financial cooperation to obtain resources for these purposes, and also the results thereof.

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

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

Scope of the ILO/ADMITRA project for the modernization of the labour administration and inspectorate. With reference to its previous comments focusing on the inadequacy of labour inspectors’ conditions of work, particularly the lack of reimbursement of their travelling expenses, the Committee notes that the Government has not supplied the information requested on the measures taken to seek, in the context of bilateral or international financial cooperation, the funds needed to improve the practical situation of the labour inspectorate. In response to this specific request from the Committee, the Government refers to the launching of the ILO/ADMITRA project. However, the Committee observes that the objective of this project, which covers seven French-speaking African countries, is not to assist in the search for the resources required for the functioning of labour administration structures, but to provide technical support for governments, mainly in the following three areas:

1.     Initial and further training for managers and employees in the administration and the labour inspectorate.

2.     Modernization of labour tools and organizational methods.

3.     Strengthening cooperation between the structures comprising the labour administration system (labour, employment, social security, vocational training), on the one hand, and between the labour administration and other administrations operating in related areas (justice, finance, health, etc.), on the other.

With reference to its general observation of 2007 inviting member States which have ratified Conventions on labour inspection to take measures enabling effective cooperation between the labour inspection system and the judicial authorities, the Committee notes with interest that an official from the Directorate-General of Labour and a member of the labour tribunal participated in the subregional workshop on the relations between the labour administration and the labour courts, held in the context of the above project from 8 to 10 May 2008 in Dakar. While noting that cooperation between the labour administration and the judicial system was already advocated in an ILO technical memorandum of 2004 to the Government concerning the reinforcement of labour administration, the Committee hopes that the information provided at this workshop and the fruitful exchanges it produced between participants representing the countries of the subregion will give rise to action and that information on the implementation of the recommended measures will soon be sent to the Office.

Deficiencies in the labour inspection system. Need for urgent financial and organizational measures for improvements relating to the inspection of conditions of work. The Committee notes that, although the labour legislation referred to by the Government under each of the Articles of the Convention may appear to a large extent compatible with the requirements of the Convention, its first report to the ILO on the application of the Labour Administration Convention, 1978 (No. 150), shows that the operation of labour inspection suffers from serious deficiencies. The Government states that the Directorate of Labour and Social Security – which is responsible for the enforcement of labour legislation though its labour inspection structures – does not have its own budget line and the special status of officials and employees of the labour administration was repealed by Act No. 99/016 of 19 July 1999 issuing the general public service regulations. Moreover, no labour administrator has been recruited since. This information is a cause for concern. It seems to imply that, for nearly ten years, labour inspectors have no longer enjoyed the guarantees provided for by Article 6 of the Convention with regard to conditions of service. Furthermore, information available to the ILO shows that successive measures have been adopted to reduce the salaries of all officials pursuant to the financial legislation in force in recent years. As regards the conditions for the performance of their duties, the Committee notes that there has been no improvement, as inspectors are still obliged to pay for their travelling expenses “out of their own pockets”, the expression used by the Government itself. Even though, in legal terms, no enterprise is exempt from inspection, inspection visits are rare and inspection reports non-existent, as indicated by the Government in its report on the application of Convention No. 150. Inspectors are therefore far removed from the establishments liable to inspection and their role remains restricted to the amicable resolution of disputes, which is  however considered to be a subsidiary role by the Government.

The Committee reiterates that the technical memorandum of 2004, which recommended speeding up the process for the adoption for the new Labour Code and the decrees necessary for its implementation, also provided for thorough restructuring with technical support from the ILO for strengthening the capacities of all labour administration staff, particularly labour inspectors, in cooperation with the ILO and the African Regional Centre for Labour Administration (CRADAT). The memorandum also considered that it was necessary to draw up files on enterprises backed up by statistical documentation made available to the inspectorate so that inspection staff could enter the required information. It also recommended that inspection methods should be defined for labour inspectors using standardized documentation so as to facilitate and ensure uniformity of investigation techniques, and in particular to gather all information likely to be of interest to all labour administration bodies. The specialization of certain employees in a number of areas and the ongoing redeployment of other employees were considered necessary to cope with rapid change in the world of work and with the emergence of certain epidemics in workplaces. The establishment of a database referring in particular to industrial accidents and cases of occupational disease was also highly recommended.

Noting that the new Labour Code has not yet been adopted, but that it is planned to include provisions establishing heavier penalties for persons obstructing inspectors in the performance of their duties, the Committee can only encourage such an initiative and hope that the definitive text will soon be adopted.

The Committee also notes the Government’s announcement of the preparation of draft conditions of service for labour inspectors and hopes that information on progress made on this draft will soon be sent to the Office. However, it considers that such legislative measures can only have an impact in practice if inspectors can ensure the effective discharge of all the duties defined by Article 3 of the Convention by inspecting the workplaces under their supervision as often as is necessary to ensure the enforcement of the legal provisions relating to conditions of work and the protection of workers while engaged in their work. However, such coverage cannot be ensured if workplaces liable to inspection have not been identified by the inspection services. The allocation of resources to this end is essential, with funding being sought not only from national financial authorities, but also though international cooperation. The above memorandum, together with up to date information on the actual situation and the difficulties facing labour inspection, might constitute effective arguments in this respect.

The Committee therefore urges the Government to promote, in accordance with Article 5(a), effective cooperation between the labour inspectorate and other competent government bodies (including the tax authorities and social insurance funds) for drawing up a list of workplaces liable to inspection, with an entry in a register indicating at least their geographical location, the branch of activity, the number and categories of workers employed there, and also disaggregation of the latter information by gender.

The availability of a register of enterprises that is regularly updated should allow the central inspection authority to fix priorities for action to ensure, as a minimum, the protection of the most vulnerable workers or those most exposed to occupational hazards and to defend its requirements in human, material and logistical resources on the basis of relevant data from national and international financial authorities, so that an adequate budget can be allocated to them, in so far as national conditions permit. A programme of inspections could be drawn up according to the available resources for each labour inspection structure, and periodic reports on inspections, as provided for by Article 19, could be sent to the central authority for the production of the annual report required by Articles 20 and 21. Such a report would inform the social partners, the other government bodies concerned and the ILO supervisory bodies of the progress made and the shortcomings of the labour inspection system so they can provide their opinions for its improvements.

The Committee hopes that the Government will be able to provide information in its next report on specific measures taken to reinforce the resources, organization and working of the labour inspection system. It trusts that, in the first place, it will be able to provide information on targeted measures for promoting effective cooperation between the inspection services and other government services or public and private institutions for the purpose of the application of the Convention, particularly for the establishment of a register of workplaces liable to inspection under the present Convention (Article 2, paragraphs 1 and 10(a)(i) and (ii)), and on measures taken to increase the number of men and women labour inspectors and to reinforce their training during employment (Articles 7 and 10), particularly within the labour section of the National School of Administration and Magistracy, the establishment of which has been announced by the Government.

The Committee hopes that the Government will not fail to indicate the steps taken at the national level and in the framework of international financial cooperation to obtain resources for these purposes, and also the results thereof.

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

Material means for labour inspection: Funding and technical assistance. The Committee notes that the Government’s report contains no information on any steps taken to provide labour inspectors with the necessary means to carry out their duties. It notes once again with concern that their transport expenses are still not reimbursed by the Government, and that, due to the lack of transport facilities, labour inspectors devote most of their working time to resolving industrial disputes. With reference to the Government’s previous report, the Committee would be grateful if the Government would indicate the steps taken, if any, to obtain the desired assistance from the ILO and from any donor country, where appropriate, in the context of international financial cooperation, to enhance the functioning of the labour inspection system.

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

Material resources for inspection. The Committee notes the brief indications provided by the Government in reply to its previous comments. It notes with concern the Government’s confirmation that it still does not pay the travel expenses of labour inspectors and that, due to the lack of transport facilities, labour inspectors devote more of their time to resolving disputes than inspecting enterprises. The Committee trusts that the Government will take the necessary measures in the near future to furnish labour inspectors with the material resources and transport facilities necessary for the performance of their duties (Article 11 of the Convention), so that workplaces are inspected as often and as thoroughly as is necessary to ensure the effective application of the legal provisions relating to conditions of work and the protection of workers (Article 16). It hopes that, where necessary, international cooperation and ILO technical support will be able to facilitate the more effective application of this priority Convention. The Committee requests the Government to describe in its next report of the measures adopted for this purpose.

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

Also referring to it observation, the Committee notes that the Government’s report has not been received. It must therefore repeat its previous direct request, which read as follows:

Also referring to its observation, the Committee notes, in reply to its previous comments, that under the terms of sections 154 and 155(1) of the Labour Code, labour inspectors exercise their initiative with regard to their visits and investigations within the framework of the labour and social security legislation and, as such, are free to organize their work. Further to the information provided by the Government in a previous report, the Committee requests it to provide indications, firstly, on the volume of work discharged by labour inspectors for the settlement of labour disputes and, secondly, on the nature and volume of the administrative functions that are entrusted to them.

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 reports and the attached documentation. It also notes the observations made by the Christian Confederation of Workers of the Central African Republic (CCCT), of 26 August 2002, received by the Office on 22 October 2002, concerning the lack of facilities of the labour inspection services which are necessary to discharge their duties. The Committee requests the Government to provide information on the issue raised by the CCCT and additional information on the following points.

Articles 10, 11 and 16 of the Convention. The Committee notes with interest the recruitment of ten new labour inspectors, including one occupational medicine inspector and 11 labour supervisors. It also notes that the building housing the offices of the labour inspection services in Bangui Centre has been rehabilitated. However, the Committee notes with concern the repeated indications by the Government drawing attention to the lack of material resources of the labour inspection services and, in particular, the shortage of office supplies and the absence of transport facilities. Furthermore, no measures have been taken, as required by Article 11, paragraph 2, for the reimbursement to labour inspectors of any travelling and incidental expenses necessary for the performance of their duties. These shortcomings, in practice, by the Government’s own admission, constitute serious obstacles to the application of the Convention. The economic and social value of labour inspection and the social costs of reducing its effectiveness have been emphasized by the Committee in paragraph 214 of its 1985 General Survey on labour inspection. Noting that the Labour Department is prepared to accept any financial and material support in order to overcome this situation, the Committee trusts that the Government will make every effort to obtain assistance through international cooperation and with the technical support of the ILO with a view to fulfilling the essential prerequisites for the application of the Convention. The Committee hopes that the Government will provide information in the near future on any measures taken for this purpose, and the results achieved.

Articles 20 and 21. The Committee notes with regret that 38 years after the ratification of the Convention, no annual inspection report, as envisaged by these Articles of the Convention, has been provided to the ILO. The Committee recalls that the publication by the central inspection authority and the communication to the ILO of a report on the activities of the services under its control are two essential obligations and that the ILO’s technical assistance may be requested with a view to their fulfilment. The Government is therefore requested to make every effort and to take all the necessary steps to give effect to the two above provisions of the Convention and to provide information on the measures taken for this purpose.

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

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

Also referring to its observation, the Committee notes, in reply to its previous comments, that under the terms of sections 154 and 155(1) of the Labour Code, labour inspectors exercise their initiative with regard to their visits and investigations within the framework of the labour and social security legislation and, as such, are free to organize their work. Further to the information provided by the Government in a previous report, the Committee requests it to provide indications, firstly, on the volume of work discharged by labour inspectors for the settlement of labour disputes and, secondly, on the nature and volume of the administrative functions that are entrusted to them.

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

The Committee notes the Government’s reports and the attached documentation. It also notes the observations made by the Christian Confederation of Workers of the Central African Republic (CCCT), of 26 August 2002, received by the Office on 22 October 2002, concerning the lack of facilities of the labour inspection services which are necessary to discharge their duties. The Committee requests the Government to provide information on the issue raised by the CCCT and additional information on the following points.

Articles 10, 11 and 16 of the Convention. The Committee notes with interest the recruitment of ten new labour inspectors, including one occupational medicine inspector and 11 labour supervisors. It also notes that the building housing the offices of the labour inspection services in Bangui Centre has been rehabilitated. However, the Committee notes with concern the repeated indications by the Government drawing attention to the lack of material resources of the labour inspection services and, in particular, the shortage of office supplies and the absence of transport facilities. Furthermore, no measures have been taken, as required by Article 11, paragraph 2, for the reimbursement to labour inspectors of any travelling and incidental expenses necessary for the performance of their duties. These shortcomings, in practice, by the Government’s own admission, constitute serious obstacles to the application of the Convention. The economic and social value of labour inspection and the social costs of reducing its effectiveness have been emphasized by the Committee in paragraph 214 of its 1985 General Survey on labour inspection. Noting that the Labour Department is prepared to accept any financial and material support in order to overcome this situation, the Committee trusts that the Government will make every effort to obtain assistance through international cooperation and with the technical support of the ILO with a view to fulfilling the essential prerequisites for the application of the Convention. The Committee hopes that the Government will provide information in the near future on any measures taken for this purpose, and the results achieved.

Articles 20 and 21. The Committee notes with regret that 38 years after the ratification of the Convention, no annual inspection report, as envisaged by these Articles of the Convention, has been provided to the ILO. The Committee recalls that the publication by the central inspection authority and the communication to the ILO of a report on the activities of the services under its control are two essential obligations and that the ILO’s technical assistance may be requested with a view to their fulfilment. The Government is therefore requested to make every effort and to take all the necessary steps to give effect to the two above provisions of the Convention and to provide information on the measures taken for this purpose.

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

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

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which reads as follows:

Article 3(2) of the Convention.  The Committee notes that labour inspectors, who are authorized to perform inspection duties in all public, semi-public and private institutions, are also responsible for conciliation in collective labour disputes (compulsory conciliation) and individual disputes (optional conciliation). Referring also to its observation under the Convention and to paragraphs 99-102 of its 1985 General Survey on labour inspection, the Committee requests the Government to indicate the measures taken or planned so as to ensure that the conciliation activities of labour inspectors do not interfere with the effective discharge of their primary duties or prejudice in any way the authority and impartiality which are necessary to inspectors in their relations with employers and workers.

Articles 20 and 21.  The Committee notes that an annual inspection report containing information on the subjects referred to in Article 21 of the Convention has not yet been communicated to the Office. It hopes that the Government will take the desired measures in order to communicate such a report in conformity with Article 20 of the Convention. Referring also to the general observation it made in 1996 under the Convention relating to the practical guidelines for the collection, recording and communication of reliable data on occupational accidents and diseases contained in the 1996 ILO publication entitled Recording and notification of occupational accidents and diseases, the Committee hopes that the Government will provide information on the progress made in this respect.

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 on the following points:

Articles 10, 11 and 16 of the Convention.  In its previous comments, the Committee noted the inadequacy of the number of inspectors and the precarious nature of the material conditions for carrying out inspection duties (fire and the failure to rebuild the Regional Labour Inspectorate in Bangui; lack of vehicles available to the Labour Directorate General giving rise to a lack of efficiency in regional inspections; shortage of supplies and equipment; failure to reimburse travelling expenses to inspectors).

The Committee again expresses the hope that the Government will take the necessary measures so that labour inspection duties can be performed by making available the necessary resources and so that workplaces can be inspected as often and as thoroughly as is required. The Committee is addressing a request directly to the Government concerning the application of Articles 3(2); 20 and 21 of the Convention.

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

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

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 3, paragraph 2, of the Convention. The Committee notes that labour inspectors, who are authorized to perform inspection duties in all public, semi-public and private institutions, are also responsible for conciliation in collective labour disputes (compulsory conciliation) and individual disputes (optional conciliation). Referring also to its observation under the Convention and to paragraphs 99-102 of its 1985 General Survey on labour inspection, the Committee requests the Government to indicate the measures taken or planned so as to ensure that the conciliation activities of labour inspectors do not interfere with the effective discharge of their primary duties or prejudice in any way the authority and impartiality which are necessary to inspectors in their relations with employers and workers.

Articles 20 and 21. The Committee notes that an annual inspection report containing information on the subjects referred to in Article 21 of the Convention has not yet been communicated to the Office. It hopes that the Government will take the desired measures in order to communicate such a report in conformity with Article 20 of the Convention. Referring also to the general observation it made in 1996 under the Convention relating to the practical guidelines for the collection, recording and communication of reliable data on occupational accidents and diseases contained in the 1996 ILO publication entitled Recording and notification of occupational accidents and diseases, the Committee hopes that the Government will provide information on the progress made in this respect.

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

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation on the following matters.

Articles 10, 11 and 16 of the Convention. In its previous comments, the Committee noted the inadequacy of the number of inspectors and the precarious nature of the material conditions for carrying out inspection duties (fire and the failure to rebuild the Regional Labour Inspectorate in Bangui; lack of vehicles available to the Labour Directorate General giving rise to a lack of efficiency in regional inspections; shortage of supplies and equipment; failure to reimburse travelling expenses to inspectors).

The Committee again expresses the hope that the Government will take the necessary measures so that labour inspection duties can be performed by making available the necessary resources and so that workplaces can be inspected as often and as thoroughly as is required. The Committee is addressing a request directly to the Government concerning the application of Articles 3, paragraph 2; 20 and 21 of the Convention.

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

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

Article 3, paragraph 2, of the Convention. The Committee notes that labour inspectors, who are authorized to perform inspection duties in all public, semi-public and private institutions, are also responsible for conciliation in collective labour disputes (compulsory conciliation) and individual disputes (optional conciliation). Referring also to its observation under the Convention and to paragraphs 99-102 of its 1985 General Survey on labour inspection, the Committee requests the Government to indicate the measures taken or planned so as to ensure that the conciliation activities of labour inspectors do not interfere with the effective discharge of their primary duties or prejudice in any way the authority and impartiality which are necessary to inspectors in their relations with employers and workers.

Articles 20 and 21. The Committee notes that an annual inspection report containing information on the subjects referred to in Article 21 of the Convention has not yet been communicated to the Office. It hopes that the Government will take the desired measures in order to communicate such a report in conformity with Article 20 of the Convention. Referring also to the general observation it made in 1996 under the Convention relating to the practical guidelines for the collection, recording and communication of reliable data on occupational accidents and diseases contained in the 1996 ILO publication entitled Recording and notification of occupational accidents and diseases, the Committee hopes that the Government will provide information on the progress made in this respect.

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

Articles 10, 11 and 16 of the Convention. In its previous comments, the Committee noted that labour inspection duties were being performed in difficult material conditions and that inspectors had neither suitable offices nor transport facilities available to them. The Committee notes the information communicated by the Government in its report stating that the number of inspectors was insufficient to discharge effectively the duties entrusted to them. The Committee also notes the precarious nature of the material conditions for carrying out inspection duties (fire and the failure to rebuild the Regional Labour Inspectorate in Bangui; lack of vehicles available to the Labour Directorate General giving rise to a lack of efficiency in regional inspections; shortage of supplies and equipment; failure to reimburse travelling expenses to inspectors).

The Committee hopes that the Government will take the necessary measures so that labour inspection duties can be performed by making available the necessary resources and so that workplaces can be inspected as often and as thoroughly as is required. The Committee is addressing a request directly to the Government concerning the application of Articles 3, paragraph 2, 20 and 21 of the Convention.

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

The Committee notes the information contained in the Government's reports for the periods ending respectively 30 June 1994 and 30 June 1995. It notes that the labour inspectorate, which has a staff of 37 labour inspectors, eight labour supervisors and a principal labour clerk, in addition to supporting personnel (Article 10 of the Convention), has to operate under difficult material conditions as a result of which labour inspectors are not provided with suitably equipped offices or the transport facilities necessary for the performance of their duties. However, the reimbursement of the travelling expenses of inspectors should be considered in a forthcoming revision of the Labour Code (Article 11). The Committee hopes that the Government will take the necessary measures to ensure that the inspection service operates as well as possible, particularly by taking advantage of the seminars, meetings and further training courses organized by the National School of Administration and the Magistrature and the African Regional Labour Administration Centre, so that workplaces are inspected as often and as thoroughly as is necessary (Article 16). Furthermore, the Committee would be grateful if the Government would indicate in its next report the significance of the other duties entrusted to labour inspectors in comparison with their primary inspection duties (Article 3, paragraph 2).

The Committee notes that no annual inspection report, containing full data on the matters referred to in Article 21 of the Convention, has yet been transmitted to the Office. It hopes that the Government will take all the necessary measures to transmit such a report in accordance with Article 20 of the Convention.

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

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

Articles 10, 11, paragraphs 1(b) and 2, and 16 of the Convention. Further to its previous observations, the Committee notes that in general the labour inspectorate lacks both the transport and the personnel necessary to discharge its duties effectively. It notes with regret that due to budgetary restrictions the draft designed to ensure the reimbursement of travelling expenses of labour inspectors has not yet been adopted, and the vehicles previously made available have been withdrawn. The Committee hopes the Government will indicate what steps are being taken or envisaged to ensure that workplaces are inspected as often and as thoroughly as necessary. Articles 20 and 21. The Committee notes that despite earlier statements by the Government no annual labour inspection reports have been supplied as required by the Convention. It hopes the Government will shortly take the necessary measures so that annual labour inspection reports containing detailed information on all the subjects listed in Article 21 will be published and transmitted to the Office within the time laid down in Article 20.

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

Articles 10, 11, paragraphs 1(b) and 2, and 16 of the Convention. Further to its previous observations, the Committee notes that in general the labour inspectorate lacks both the transport and the personnel necessary to discharge its duties effectively. It notes with regret that due to budgetary restrictions the draft designed to ensure the reimbursement of travelling expenses of labour inspectors has not yet been adopted, and the vehicles previously made available have been withdrawn. The Committee hopes the Government will indicate what steps are being taken or envisaged to ensure that workplaces are inspected as often and as thoroughly as necessary.

Articles 20 and 21. The Committee notes that despite earlier statements by the Government no annual labour inspection reports have been supplied as required by the Convention. It hopes the Government will shortly take the necessary measures so that annual labour inspection reports containing detailed information on all the subjects listed in Article 21 will be published and transmitted to the Office within the time laid down in Article 20.

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

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

Article 11, paragraphs 1(b) and 2, of the Convention. Further to its previous observations, the Committee notes the information provided by a Government representative to the 77th Session of the Conference, as to the difficulty in reimbursing travelling expenses to labour inspectors due to restrictions imposed by the international monetary institutions. Inspectors had had transport difficulties, but now all provincial labour inspectors have been provided with vehicles. The Committee once again expresses the hope that the draft designed to ensure the allocation of an additional allowance in this respect will be adopted and that the Government will provide full information on this matter. Articles 20 and 21. The Committee notes that measures have been taken to establish monthly and annual labour reports and as of 1991 a summary of labour inspection reports will be sent to the Office in conformity with the provisions of the Convention. It hopes that in future annual inspection reports containing detailed information on all the subjects listed in Article 21 will be published and transmitted to the Office within the time laid down in Article 20.

Observation (CEACR) - adopted 1991, published 78th ILC session (1991)

Article 11, paragraphs 1(b) and 2, of the Convention. Further to its previous observations, the Committee notes the information provided by a Government representative to the 77th Session of the Conference, as to the difficulty in reimbursing travelling expenses to labour inspectors due to restrictions imposed by the international monetary institutions. Inspectors had had transport difficulties, but now all provincial labour inspectors have been provided with vehicles. The Committee once again expresses the hope that the draft designed to ensure the allocation of an additional allowance in this respect will be adopted and that the Government will provide full information on this matter.

Articles 20 and 21. The Committee notes that measures have been taken to establish monthly and annual labour reports and as of 1991 a summary of labour inspection reports will be sent to the Office in conformity with the provisions of the Convention. It hopes that in future annual inspection reports containing detailed information on all the subjects listed in Article 21 will be published and transmitted to the Office within the time laid down in Article 20.

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

Article 11, paragraph 2, of the Convention. With reference to its previous comments, the Committee notes from the Government's report that a draft text is to be prepared to ensure that labour inspectors are reimbursed for any travelling and incidental expenses which may be necessary for the performance of their duties. The Committee hopes that this text will be adopted shortly and asks the Government to include information on any progress made in this respect in its next report.

Articles 20 and 21. In the comments it has been making since the ratification of the Convention, the Committee has drawn the Government's attention to the obligation to publish and transmit to the ILO, in accordance with the provisions of Article 20, annual general reports on the work of the inspection services containing, in particular, detailed information on all the subjects listed in Article 21. While noting the Government's statement that all the necessary arrangements have been made for such reports to be transmitted regularly to the ILO, the Committee notes with regret that no reports have yet been received. It trusts that, in future, annual inspection reports will be published and transmitted to the ILO within the time-limits laid down in Article 20. [The Government is asked to supply full particulars to the Conference at its 77th Session.]