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

Labour Inspection Convention, 1947 (No. 81) - Djibouti (Ratification: 1978)

The Committee notes the Government’s report received in May 2007, containing information already sent in October 2005, and the adoption of Act No. 133/AN/05/5th L issuing the Labour Code. It also notes the comments made by the General Workers’ Union of Djibouti (UGTD) received at the Office on 23 August 2007, claiming that there is an urgent need to review the labour inspection system and to strengthen its resources. In the light of the new provisions of the Labour Code and the lack of recent statistical information on the situation and the working of the labour inspectorate, the Committee would be grateful if the Government would supply information that is as detailed as possible on the following points.

Article 2 of the Convention. Workplaces liable to labour inspection. Noting that the new Labour Code is not applicable to the free zones (section 1), the Committee requests the Government to indicate in its next report whether workplaces established in the free zones are liable to inspection by the labour inspectorate or by those of the competent technical services or whether conditions of work and the protection of workers are overseen by other means.

Article 3. Duties of labour inspectors. Under the provisions of the Labour Code, the labour administration is responsible, inter alia, for enforcing the laws and regulations coming within its competence and for advising employers and workers (section 192(b) and (c)). Labour inspectors have the specific duty to enforce general measures relating to protection and occupational health and particular provisions relating to certain occupations and certain types of work (sections 125 and 131). Apart from these general duties corresponding to those defined in Article 3, paragraph 1, of the Convention, the Labour Code also assigns numerous other tasks to labour inspectors, especially with regard to conciliation in cases of collective disputes (section 177). While noting that the UGTD would like the labour inspectorate to have a conciliatory and preventive function, the Committee once again draws the Government’s attention to Article 3, paragraph 2, of the Convention, and requests it to ensure that the conciliation duties performed by inspectors shall not be such as to interfere with the effective discharge of their primary duties (use of time, immobilization of resources, incompatibility between, on the one hand, the duty to be rigorous which is inherent in inspection duties and, on the other, compromise solutions which are often essential to the resolution of collective disputes, etc.) and to provide the Office with information on the manner in which observance of this provision of the Convention is ensured.

Articles 10, 11 and 16. Human, material and logistical resources necessary for the functioning of the labour inspectorate. The Labour Code provides that the labour inspectorate, in order to perform its duties, must have premises which are adequately equipped for their needs and accessible to all parties concerned and that they must have the necessary staff and equipment at all times (section 202). The UGTD considers that, in order to meet employees’ expectations, the labour inspectorate must have the necessary staff and technical and administrative resources. The Committee would be grateful if the Government would indicate the way in which effect is given in practice to these provisions of the Labour Code. It also requests it to supply information on labour inspection staff (inspectors and controllers) and also the most recent available data on the number and geographical distribution of workplaces liable to inspection (including mines and quarries) and on the number of workers employed therein. The Government is also requested to supply information on the transport facilities available to labour inspectors and controllers for their professional travel and to indicate how it is ensured that workplaces are visited as often and as thoroughly as necessary, in accordance with Article 16 of the Convention.

Articles 20 and 21. Annual report on labour inspection activities. Under section 192 of the Labour Code, the labour administration must draw up and publish an annual report on the work of the inspection services placed under its control. The Committee notes that, since 2000, no statistical data concerning inspection activities and their results has been sent to the Office. It hopes once again that the Government will be in a position to report in the near future on the drawing up and publication of an annual report, within the deadlines prescribed by Article 20 and containing the information described in Article 21, if necessary with technical assistance from the Office, since this report represents an essential tool for evaluating the effectiveness of the inspection system and for determining the resources needed to improve it, especially by envisaging appropriate budgetary allocations.