Labour Inspection (Agriculture) Convention, 1969 (No. 129) - Kenya (Ratification: 1979)

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

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

Article 3(2) of Convention No. 81 and Article 6(3) of Convention No. 129. Additional functions entrusted to labour inspectors. In its previous comment, the Committee noted that a large portion of the time of labour inspectors was devoted to mediating individual and collective labour disputes, at the expense of carrying out inspection visits. In this respect, the Committee requested the Government to indicate the measures taken or envisaged to ensure that the conciliation functions entrusted to inspectors do not interfere with their primary duties, and to provide information on any measures taken or envisaged to establish the Conciliation and Mediation Commission, which was recommended by the ILO labour administration and inspection needs assessment of 2010 (the 2010 audit). The Committee notes that the Government has not provided information in this respect. According to the Government’s indications in its report, apart from conciliation functions, labour inspectors are entrusted with undercover investigative duties while conducting their normal labour audits in the context of a multiagency approach towards reducing human trafficking and smuggling of migrants at the workplaces. The Government indicates that suspect information and other data gathered is then sent by the labour inspectors to the relevant authorities within the Kenya Police Service and the Directorate of Criminal Investigations. The Committee once again requests the Government to indicate the measures taken or envisaged to ensure that the conciliation functions, as well as any other additional functions such asundercover investigative duties, entrusted to labour inspectors do not interfere with their primary duties. It reiterates its request that the Government provide information on any measures taken or envisaged to establish the Conciliation and Mediation Commission.

Article 5(b) of Convention No. 81 and Article 13 of Convention No. 129. Collaboration between labour inspectors and employers and workers. The Government indicates in its report that it has set up procedures which ensure effective consultations between representatives of the Government, employers and workers in matters concerning labour administration and inspection in various sectors including agriculture. In this respect, the Committee notes that the Government has appointed representatives of workers and employers (including representatives from agricultural undertakings who primarily engage in internal control functions), to Boards of State bodies to represent their interests, including before the National Labour Board. The Government indicates that the trade unions engage in private inspections and apply reporting mechanisms with the aim of ensuring that the negotiated collective bargaining agreements in the agricultural sector are being implemented. Furthermore, the Committee notes that the Occupational Safety and Health Services officers undertake occupational safety inspection in conjunction with the works committees. The Committee requests the Government to continue to provide information on measures taken or envisaged to promote effective collaboration between labour inspectors and employers’ and workers’ organizations, including further information on the nature of inspection activities and reporting mechanisms carried out by trade unions.The Committee reiterates its request that the Government provide information on any activities of the National Labour Board related to labour inspection, and to provide any relevant reports or documents in this regard.

Article 6 of Convention No. 81 and Article 8 of Convention No. 129. Conditions of service of labour inspectors. In its previous comment, the Committee took note of the budgetary constraints referenced in the Government’s report and requested the Government to indicate the steps taken or envisaged to gradually improve the conditions of service of labour inspectors, including their remuneration levels and conditions for career advancement. The Government indicates that the scheme of service for labour officers is being considered for review. It further indicates that under the current scheme, the Inspectorate staff is employed by the Government under the Ministry of Labour and Social Protection on permanent and pensionable employment terms. The Committee reiterates its request that the Government indicate the steps taken or envisaged to gradually improve the conditions of service of labour inspectors, including their remuneration levels and conditions for career advancement. In this respect, the Committee requests the Government to provide information on the progress made in the review of the scheme of service for labour officers, including information comparing the remuneration levels and career advancement prospects of labour inspectors with the levels and prospects of officials charged with similar responsibilities such as tax inspectors and the police.

Article 7 of Convention No. 81 and Article 9 of Convention No. 129. Recruitment and training of labour inspectors.Regarding the arrangements made to ensure the training of labour inspectors, the Government indicates that upon recruitment, all labour inspectors follow an induction training course, and, upon subsequent fiscal periods, various training programs take place. In this respect, the Committee notes that the Ministry of Labour and Social Protection has training projections on an annual basis based on the budget allocations for each fiscal year, the training needs for a particular area of expertise, and other training needs of inspectors. However, the Government does not provide specific information on the training activities actually undertaken during the reporting period, their frequency, duration, number of participants and subjects covered. The Government indicates that labour inspectors are recruited on the basis of their qualifications and academic merit with the sole conditions being the legal age, sound mind and Kenyan Citizenship. The Committee recalls that the 2010 audit suggested that when considering future recruitment, the Ministry of Labour should ensure that inspectors have some level of technical background in their respective areas of specialization based on standard qualification requirements. The Committee reiterates its request that the Government provide detailed information on the training activities undertaken, including the frequency, duration, number of participants and subjects covered.The Committee once again requests that the Government provide specific information on any measures taken or envisaged pursuant to the recommendations of the 2010 audit with regard to the recruitment of inspectors.

Articles 13 and 14 of Convention No. 81 and Articles 18 and 19 of Convention No. 129. Reporting and investigation of occupational accidents and cases of occupational disease. The Committee notes that according to the Government’s indication, all industrial accidents and sporadic outbreaks of diseases at the workplace are immediately notified to the Minister of Labour through the Directorate of Occupational Safety and Health Services (DOSHS) county offices. It further notes that the Government aims to improve documentation of all occupational diseases by mainstreaming basic OSH in the industries and by developing a regional institute for research and training in OSH, as well as a national institute for OSH. The Committee requests the Government to continue to provide information on measures taken to improve the reporting of occupational accidents and diseases, including on the progress made in the creation of a regional institute for research and training on OSH and the national institute for OSH. The Committee requests the Government to indicate the number of occupational accidents and cases of occupational disease reported and the number of investigations conducted by labour inspectors, as well as specific information on the action taken following these investigations (improvement or prohibition notices, prosecutions and penalties imposed).

Articles 5(a), 17 and 18 of Convention No. 81 and Articles 2(1), 22, 24 of Convention No. 129. Enforcement of legal provisions relating to the conditions of work and the protection of workers. Effective cooperation between the labour inspection services and the justice system. Noting that the Government does not provide information responding to the Committee’s previous comment, the Committee reiterates its request that the Government provide statistical information in its next report on the violations giving rise to the cases referred by labour inspectors to the industrial court, the legal provisions to which the cases relate, as well as outcome of these cases (including the specific penalties applied). It also reiterates its request that the Government provide information on any measures taken or envisaged to enhance effective cooperation between the labour inspection services and the judicial authorities.

Articles 20 and 21 of Convention No. 81 and Articles 26 and 27 of Convention No. 129. Preparation of an annual inspection report and contents to be covered. The Committee notes that periodic reports of labour inspectors from all 47 stations countrywide are submitted to the head office on a monthly basis, and that office in turn prepares an annual report. The Government indicates that the Central Authority for purposes of reporting is the Ministry of Labour and Social Protection, which receives monthly reports from the labour inspectors. The Committee notes that no annual labour inspection report has been received and that the Government’s report does not include all information on the subjects listed in Article 21 of Convention No. 81 and Article 27 of Convention No. 129. The Committee requests the Government to take the necessary measures to ensure that annual labour inspection reports are prepared, published and communicated to the ILO, and that they are drafted in such a way that they give an overview of the functioning of the labour inspection system, containing information on all the subjects listed in Article 21 of Convention No. 81 and Article 27 of Convention No. 129. The Committee also requests the Government to indicate whether any measures have been taken in order to establish a register of enterprises.

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

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

Articles 3(1), 4 and 5(b) of Convention No. 81 and Articles. 6(1), 7 and 13 of Convention No. 129. Structure of the labour inspection system, cooperation between inspection services and supervision and control by a central authority.In its previous comments, the Committee noted the absence of an individual or a department with oversight responsibility for the various inspection activities, as well as the limited cooperation between the two inspection systems under the Department of Labour (DOL) and the Department of Occupational Safety and Health (DOSH). In its report, the Government indicates that the two inspectorate services under the DOL and the DOSH were placed under a common oversight authority, the State Department of Labour, which is also the central authority for purposes of reporting. The Committee also notes that the Government refers to the development of more measures to centralise supervision and control of both departments but does not indicate whether the post of chief inspector has been established and filled. Therefore, the Committee requests the Government to provide information on additional measures taken toward the centralization of supervision and control of the two inspection systems, including the possibility of placing labour inspection under the responsibility of one chief inspector who would be responsible for the overall coordination of the Ministry of Labour’s inspection services. In this respect, it requests the Government to indicate whether the post of chief inspector has been established and filled.

Articles 10, 11 and 16 of Convention No. 81 and Articles 14,15 and 21 of Convention No. 129. Lack of human and material resources and appropriate means of transport. Efficiency of inspections. In its previous comments, the Committee noted that the resource constraints in budgetary allocation led to a lack of inspectorate staff, lack of material resources, including facilities, and lack of transport, which affected the efficient delivery of labour inspection services, including in the agricultural sector. It further noted that the civil service was undergoing a reform and that subsequently, understaffed and under-resourced departments would benefit from the deployment of personnel from overstaffed agencies. In its report, the Government indicates that it has put in place measures to boost institutional capacity of the inspectorates to enhance resource allocation and effective enforcement of laws. The Committee notes that 40 officers were employed by the Ministry at the entry level of its inspectorate service in both the DOL and the DOSH in 2017. It further notes that the inspectorate staff has designated authorized officers under section 35 of the Labour Institutions Act (powers of labour officer), but the Government does not indicate the number of the nominated officers and the time of their appointment. The Committee notes the Government’s indication that the geographical distribution of the inspectorate staff to all 47 counties aims at ensuring adequate representation and coverage of all sectors. The Government indicates that the labour inspectorate staff are provided with operational offices fully equipped for administration purposes and for the effective performance of their duties. Furthermore, according to the Government, staff reimbursements are adequately provided on instances where the labour inspectors need to use their own funds for the performance of their duties. However, the Committee notes that due to continued funding problems, the challenge remains of inadequate transport, in terms of required vehicles that would allow for movement to the various vast regions of the country. The Committee requests the Government to continue to provide information on the measures taken or envisaged, including within the framework of the civil service reform, to ensure that the number of labour inspectors is sufficient to secure the effective discharge of the duties of the inspectorate. It requests the Government to provide detailed information on the number of labour inspectors working for the DOL and the DOSH, indicating their years of experience, areas of specialization, and geographical distribution. Noting the funding constraints, the Committee requests the Government to provide information on the steps taken or envisaged to ensure that the labour inspectorate is provided with the material resources and transport facilities necessary for the effective performance of their duties.

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

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

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

Articles 14 and 15 of the Convention. Lack of human and material resources and appropriate means of transport. The Committee previously noted the information from the ILO labour administration and inspection needs assessment (conducted at the request of the Government in 2010) that the lack of personnel and means of transport remain an obstacle to labour inspectors discharging their duties in the agricultural sector which, together with the informal economy, accounts for approximately 75 per cent of the working population.

The Committee notes the Government’s statement that resource constraints in budgetary allocation, human and material resources as well as transport have continued to hamper effective delivery of general labour inspection services, including in the agricultural sector. While the Department of Labour and the Directorate for Occupational Safety and Health Services have made requests for additional funding and additional personnel, this has not been provided due to an ongoing freeze in employment in the core civil service, as well as an ongoing rationalization and capacity assessment reforms in the service. The Government indicates that, following these reforms, understaffed and under-resourced departments will benefit from the deployment of personnel from overstaffed agencies. The Government further states that the implementation of an assessment based on the identification of the agricultural undertakings liable to inspection and the workers engaged therein may not be feasible within the existing budgetary framework, and that financial and technical assistance may be requested from the ILO to facilitate this activity.

The Committee notes that, according to the Annual Report for 2012–13 of the Directorate of Occupational Safety and Health Services, due to a lack of transport most inspections are undertaken in a limited area that can be reached on foot or by the cheapest means of transport. Moreover, the Labour Commissioner’s Annual Report of 2012 indicates that, out of the 47 county offices, 28 offices have only one inspector and four have none. This report also indicates that the agricultural sector had the highest number of occupational accidents reported in 2012. The Committee expresses the firm hope that, within the framework of the reform of the civil service, measures will be taken to ensure that the number of labour inspectors in agriculture is sufficient to secure the effective discharge of the duties of the inspectorate. It requests that the Government provide information on any steps taken or envisaged to provide the labour inspection services with the material resources, including transport facilities, required for their effective functioning in the agricultural sector. Noting the Government’s indication concerning current budgetary limitations, the Committee requests that the Government continue to provide information on any steps taken towards carrying out an objective assessment of the situation based on the identification of the agricultural undertakings liable to inspection and the workers engaged therein, including any technical assistance received to this end.

Articles 26 and 27. Preparation of an annual inspection report and contents to be covered. The Committee notes that while the Labour Commissioner’s Annual Report of 2012 contains information on the number of occupational accidents in agriculture, it does not contain information on the other subjects required under Article 27 of the Convention, particularly the number of inspections undertaken in agriculture (Article 27(d)), the number of agricultural undertakings liable to inspection and the number of persons working therein (Article 27(c)), the violations detected and penalties imposed (Article 27(e)) and the number of occupational diseases detected (Article 27(g)). The Committee encourages the Government to continue to take steps so that future inspection reports contain full information on the activities of the labour inspection services in agriculture, as required under Article 27 of the Convention.

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

With reference to its observation, the Committee would also like to raise the following points.

Articles 14, 15, 25, 26 and 27 of the Convention. Lack of human and material resources and appropriate means of transport. Periodical and annual reports. Labour inspection and child labour. The Committee notes that very little progress has been made in addressing the issues relating to the application of the Convention, some of which the Committee has been raising since its ratification by the Government. In relation to the Committee’s previous comments, the Government indicates that it is not in a position to be able to provide specific information on labour inspection activities in agriculture in annual inspection reports, that the limited human resources are a challenge for the conducting of effective occupational safety and health (OSH) inspections in general, and that no specific child labour inspections were carried out in the agricultural sector. Indeed, according to the information gathered by the ILO labour administration and inspection needs assessment conducted at the request of the Government in 2010, there is still no specific budgetary allocation for labour inspection in agriculture and the lack of personnel and means of transport remains an obstacle to labour inspectors discharging their duties in the agricultural sector which, together with the informal economy, is estimated to account for 75 per cent of the working population in the country.

With reference to the information provided by the Government under the Labour Inspection Convention, 1947 (No. 81), concerning the development of a database which is expected to improve the system for capturing data and the collection of OSH statistics, the recent review of the current data collection form (LD101) for labour inspection and the commitment expressed by the Government to ensure inter-institutional cooperation between the labour inspection services and other government bodies for the establishment of a register of enterprises, the Committee hopes that the efforts made with a view to improving data collection and the management of labour inspection activities in general will also make it possible to collect separate data on labour inspection activities in the agricultural sector.

Please indicate any steps taken or envisaged to provide the labour inspection services with the budgetary allocations, human and material resources, including transport facilities, required for their effective functioning in the agricultural sector, including a request for international financial cooperation (Articles 14 and 15 of the Convention).

With a view to adequate priority setting and the provision of the relevant financial resources, the Committee once again urges the Government to carry out an objective assessment of the situation based on the identification of the agricultural undertakings liable to inspection (number, activities, size and location) and the workers engaged therein (number and categories). It requests the Government to indicate in its next report any measures adopted in this regard and the results achieved.

The Committee asks the Government to provide information on further progress made to improve data collection, including the progress made with the collection of separate data on labour inspection activities in the agricultural sector. It requests the Government once again to take the necessary measures to publish an annual report on the work of the inspection system in agriculture, either as a separate report or as part of its general annual report, and to provide information on the measures taken in this regard (Articles 13, 25, 26 and 27 of the Convention).

Furthermore, the Committee once again asks the Government to describe the activities by the labour inspectorate concerning child labour in the agricultural sector as well as enforcement activities and the progress achieved.

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

The Committee notes with interest the Government’s indication under the Labour Inspection Convention, 1947 (No. 81), that it is currently studying with a view to their implementation, some of the recommendations contained in the labour administration and inspection needs assessment conducted by the ILO in 2011, of which many also relate of the functioning of the labour inspection services in agriculture. The Committee requests the Government to indicate the steps taken or envisaged with a view to the implementation of the recommendations contained in the needs assessment in so far as they also concern the application of the present Convention (e.g. the provision of adequate transport facilities, arrangements to share such facilities, the reimbursement of travel expenses, etc.)

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

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

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

Repetition

Articles 1 and 6(1) of the Convention. Scope of labour inspection: Supervision of conditions of work in agricultural undertakings. The Committee takes due note of the information provided by the Government pursuant to its previous requests. It notes that the scope of the 2007 Labour Institutions Act and the 2007 Occupational Safety and Health (OSH) Act also cover agricultural workers.

The Committee also notes that, according to the Government, Legal Notice No. 227/1990 which exempted establishments located in export processing zones (EPZs) from the application of the health and safety legislation, is now null and void and that the provisions of the OSH Act apply to all workplaces, including those in EPZs. The Committee would be grateful if the Government could indicate in its next report the measures taken to ensure the enforcement of occupational safety and health provisions and the results achieved, including with regard to the prevention of occupational risks linked, inter alia, to the use of agricultural equipment, pesticides and other chemical substances.

Articles 14 and 15. Lack of adequate personnel and appropriate means of transport. The Committee notes once again the indication by the Government that there is still no specific budgetary allocation for labour inspection in agriculture and the Department still suffers from serious staff shortage as no new staff has been engaged since 1994. The budgetary allocation has instead been reduced owing to the prevailing economic slowdown and food crisis being experienced in the country. The Committee notes meanwhile the Government’s commitment to take the necessary measures to remedy the situation once the economic situation improves.

The Committee considers that it would be unfortunate if the current context of global economic crisis led to a further deterioration of the conditions of work and the protection of workers through inter alia, a weakening of the entity entrusted with securing the enforcement of legal provisions in a sector of vital importance such as agriculture. The Committee emphasizes that the Global Jobs Pact adopted by the International Labour Conference at its 98th Session (June 2009) makes specific reference to the ILO standards relevant to labour inspection as part of a strategy of exit from the global economic crisis, a strategy aimed at preventing a downward spiral in labour conditions and building the recovery.

The Committee recalls that, according to Article 14 of the Convention, arrangements should be made to ensure that the number of labour inspectors in agriculture is sufficient to secure the effective discharge of their duties and that such numbers should be determined with due regard for, inter alia, the material means placed at the disposal of the inspectors. Moreover, Article 15 provides that labour inspectors should be furnished with the transport facilities necessary for the performance of their duties. The Committee cannot emphasize enough the importance of ensuring adequate and appropriate means of action, in particular transport facilities, to labour inspectors, as the mobility of supervisory staff is a prerequisite for labour inspection, especially in agricultural undertakings which are by their nature far from urban centres and, in addition, often spread over large areas lacking public transport facilities.

Finally, with reference to its general observation of 2009, the Committee emphasizes that the absence of data on the number of agricultural undertakings liable to inspection and the number of workers employed therein represents an insurmountable obstacle for any assessment of the rate of coverage by labour inspection services in relation to their scope, as defined in national legislation, and makes it impossible to evaluate the budgetary resources to be allocated to this public function, either for the determination of the appropriate number of labour inspectors or the necessary material resources and transport facilities for the discharge of their functions (Articles 14, 15 and 21) or the provision of specific training (Article 9).

Referring to its 2009 general observation, the Committee once again urges the Government to carry out an objective assessment of the situation by identifying the agricultural undertakings liable to inspection (number, activity, size and location) and the workers engaged therein (number and categories), with a view to enabling an adequate setting of priorities for action and provision of relevant financial resources, in the framework of the national budget and/or a request for international financial assistance to the same end. It requests the Government to indicate in its next report any measures adopted in relation to the above and the results achieved.

Articles 25, 26 and 27. Periodical and annual reports. The Committee notes that no annual report has been received and that, for a number of years, it has been noting with concern the persistent lack of specific data on labour inspection activities in the agricultural sector. The Committee notes from the Government’s report that disaggregated data on the activities of the labour inspectorate in agricultural undertakings, including in EPZs, are still not available, primarily due to lack of personnel, and that the Government envisages a formal request to the ILO for technical assistance with a view to improving data collection and management.

While regretting the persistent lack of progress in this area, the Committee notes that section 42 of the Labour Institutions Act, 2007, which applies to agriculture, provides that the Commissioner for Labour shall prepare and publish, not later than 30 April each year, an annual report on the activities undertaken in his/her department, the content of which largely corresponds to Article 27 of the Convention. Furthermore, section 25 of the OSH Act, which also applies to agriculture, provides for the development and maintenance of an effective programme for the collection, compilation and analysis of occupational safety and health statistics covering occupational accidents and diseases, as well as the existence of an accident database where information sent through the DOSH1 form is entered.

The Committee emphasizes that disaggregated data on labour inspection activities in the agricultural sector, including in EPZs, can provide national authorities with a regular means of assessing the extent to which the available means match requirements, and constitute an invaluable and regular source of practical information and numerical data that is indispensable for the evaluation of the application of the Convention. The Committee also notes that such data can be reflected either in the general labour inspection annual report or in a separate report.

The Committee therefore once again urges the Government to take the necessary steps to give effect in practice to sections 42 of the Labour Institutions Act, 2007, and section 25 of the OSH Act, with a view to improving data collection and management and publishing an annual report on the work of the inspection system in agriculture, including in EPZs, either as a separate report or as part of its general annual report. The Committee requests the Government to indicate in its next report the measures taken in this regard. It reminds the Government that it may avail itself of ILO technical assistance aimed at establishing the conditions in which the Department of Labour can collect data on the activities of the inspection services under its control.

Labour inspection and child labour in agriculture. In response to the Committee’s previous comment concerning the measures taken to reduce child labour and the results of these measures, the Government mentions several measures, such as the establishment of a child labour division which acts as liaison between labour inspectors and the National Steering Committee which is the apex body; the development of a child labour policy and a national plan of action that seeks to progressively eliminate worst forms of child labour by 2015; capacity building workshops for inspectors on child labour issues; the development of a child labour monitoring system and data bank on child labour issues; the strengthening of institutional structures that deal with child labour especially in the district and local levels; and the building of partnerships and sharing of information with other government agencies at the district level.

Noting that there is no specific information as to labour inspection activities on child labour in agriculture, the Committee once again recalls, with reference to its general observation of 1999, that labour inspectors can play an important role in: (i) identifying and registering the child workforce in agricultural undertakings; (ii) establishing an educational framework for this population; (iii) identifying specific problems of children and young persons who are exposed to a high risk of accidents and occupational diseases due to the use of complex machines and chemical products; and (iv) finding appropriate solutions to the above. Also referring to its 2009 observations under the Minimum Age Convention, 1973 (No. 138), and the Worst Forms of Child Labour Convention, 1999 (No. 182), respectively, the Committee once again requests the Government to provide detailed information on the activities of the labour inspectorate concerning child labour in agriculture as well as examples of enforcement activities and the progress achieved.

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

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

The Committee takes note of the Government’s report received on 2 September 2009.

Articles 1 and 6(1) of the Convention. Scope of labour inspection: Supervision of conditions of work in agricultural undertakings. The Committee takes due note of the information provided by the Government pursuant to its previous requests. It notes with satisfaction that the scope of the 2007 Labour Institutions Act and the 2007 Occupational Safety and Health (OSH) Act also cover agricultural workers.

The Committee also notes with interest that, according to the Government, Legal Notice No. 227/1990 which exempted establishments located in export processing zones (EPZs) from the application of the health and safety legislation, is now null and void and that the provisions of the OSH Act apply to all workplaces, including those in EPZs. The Committee would be grateful if the Government could indicate in its next report the measures taken to ensure the enforcement of occupational safety and health provisions and the results achieved, including with regard to the prevention of occupational risks linked, inter alia, to the use of agricultural equipment, pesticides and other chemical substances.

Articles 14 and 15. Lack of adequate personnel and appropriate means of transport. The Committee notes once again the indication by the Government that there is still no specific budgetary allocation for labour inspection in agriculture and the Department still suffers from serious staff shortage as no new staff has been engaged since 1994. The budgetary allocation has instead been reduced owing to the prevailing economic slowdown and food crisis being experienced in the country. The Committee notes meanwhile the Government’s commitment to take the necessary measures to remedy the situation once the economic situation improves.

The Committee considers that it would be unfortunate if the current context of global economic crisis led to a further deterioration of the conditions of work and the protection of workers through inter alia, a weakening of the entity entrusted with securing the enforcement of legal provisions in a sector of vital importance such as agriculture. The Committee emphasizes that the Global Jobs Pact adopted by the International Labour Conference at its 98th Session (June 2009) makes specific reference to the ILO standards relevant to labour inspection as part of a strategy of exit from the global economic crisis, a strategy aimed at preventing a downward spiral in labour conditions and building the recovery.

The Committee recalls that, according to Article 14 of the Convention, arrangements should be made to ensure that the number of labour inspectors in agriculture is sufficient to secure the effective discharge of their duties and that such numbers should be determined with due regard for, inter alia, the material means placed at the disposal of the inspectors. Moreover, Article 15 provides that labour inspectors should be furnished with the transport facilities necessary for the performance of their duties. The Committee cannot emphasize enough the importance of ensuring adequate and appropriate means of action, in particular transport facilities, to labour inspectors, as the mobility of supervisory staff is a prerequisite for labour inspection, especially in agricultural undertakings which are by their nature far from urban centres and, in addition, often spread over large areas lacking public transport facilities.

Finally, with reference to its general observation of 2009, the Committee emphasizes that the absence of data on the number of agricultural undertakings liable to inspection and the number of workers employed therein represents an insurmountable obstacle for any assessment of the rate of coverage by labour inspection services in relation to their scope, as defined in national legislation, and makes it impossible to evaluate the budgetary resources to be allocated to this public function, either for the determination of the appropriate number of labour inspectors or the necessary material resources and transport facilities for the discharge of their functions (Articles 14, 15 and 21) or the provision of specific training (Article 9).

Referring to its 2009 general observation, the Committee once again urges the Government to carry out an objective assessment of the situation by identifying the agricultural undertakings liable to inspection (number, activity, size and location) and the workers engaged therein (number and categories), with a view to enabling an adequate setting of priorities for action and provision of relevant financial resources, in the framework of the national budget and/or a request for international financial assistance to the same end. It requests the Government to indicate in its next report any measures adopted in relation to the above and the results achieved.

Articles 25, 26 and 27. Periodical and annual reports. The Committee notes that no annual report has been received and that, for a number of years, it has been noting with concern the persistent lack of specific data on labour inspection activities in the agricultural sector. The Committee notes from the Government’s report that disaggregated data on the activities of the labour inspectorate in agricultural undertakings, including in EPZs, are still not available, primarily due to lack of personnel, and that the Government envisages a formal request to the ILO for technical assistance with a view to improving data collection and management.

While regretting the persistent lack of progress in this area, the Committee notes with interest that section 42 of the Labour Institutions Act, 2007, which applies to agriculture, provides that the Commissioner for Labour shall prepare and publish, not later than 30 April each year, an annual report on the activities undertaken in his/her department, the content of which largely corresponds to Article 27 of the Convention. Furthermore, section 25 of the OSH Act, which also applies to agriculture, provides for the development and maintenance of an effective programme for the collection, compilation and analysis of occupational safety and health statistics covering occupational accidents and diseases, as well as the existence of an accident database where information sent through the DOSH1 form is entered.

The Committee emphasizes that disaggregated data on labour inspection activities in the agricultural sector, including in EPZs, can provide national authorities with a regular means of assessing the extent to which the available means match requirements, and constitute an invaluable and regular source of practical information and numerical data that is indispensable for the evaluation of the application of the Convention. The Committee also notes that such data can be reflected either in the general labour inspection annual report or in a separate report.

The Committee therefore once again urges the Government to take the necessary steps to give effect in practice to sections 42 of the Labour Institutions Act, 2007, and section 25 of the OSH Act, with a view to improving data collection and management and publishing an annual report on the work of the inspection system in agriculture, including in EPZs, either as a separate report or as part of its general annual report. The Committee requests the Government to indicate in its next report the measures taken in this regard. It reminds the Government that it may avail itself of ILO technical assistance aimed at establishing the conditions in which the Department of Labour can collect data on the activities of the inspection services under its control.

Labour inspection and child labour in agriculture. In response to the Committee’s previous comment concerning the measures taken to reduce child labour and the results of these measures, the Government mentions several measures, such as the establishment of a child labour division which acts as liaison between labour inspectors and the National Steering Committee which is the apex body; the development of a child labour policy and a national plan of action that seeks to progressively eliminate worst forms of child labour by 2015; capacity building workshops for inspectors on child labour issues; the development of a child labour monitoring system and data bank on child labour issues; the strengthening of institutional structures that deal with child labour especially in the district and local levels; and the building of partnerships and sharing of information with other government agencies at the district level.

Noting that there is no specific information as to labour inspection activities on child labour in agriculture, the Committee once again recalls, with reference to its general observation of 1999, that labour inspectors can play an important role in: (i) identifying and registering the child workforce in agricultural undertakings; (ii) establishing an educational framework for this population; (iii) identifying specific problems of children and young persons who are exposed to a high risk of accidents and occupational diseases due to the use of complex machines and chemical products; and (iv) finding appropriate solutions to the above. Also referring to its 2009 observations under the Minimum Age Convention, 1973 (No. 138), and the Worst Forms of Child Labour Convention, 1999 (No. 182), respectively, the Committee once again requests the Government to provide detailed information on the activities of the labour inspectorate concerning child labour in agriculture as well as examples of enforcement activities and the progress achieved.

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

The Committee notes that the report received in August 2007 contains general information which replies in part to its previous observation. It asks the Government to provide in its next report the specific information requested on labour inspection activities in the agricultural sector, as well as information on the application of the Convention in practice following the adoption in 2007 of five new labour laws (the Labour Institutions Act, the Occupational Safety and Health Act, the Work Injury Benefits Act, the Employment Act and the Labour Relations Act), in particular on the following points.

Articles 1 and 6, paragraph 1, of the Convention. Scope of labour inspection: Supervision of conditions of work in agricultural undertakings. The Committee requests the Government to indicate whether the 2007 Labour Institutions Act and the 2007 Occupational Safety and Health Act apply to agricultural workers.

With reference to its previous comments, it also once again requests the Government to provide information that is as detailed as possible on labour inspection activities in agricultural undertakings located in export processing zones (EPZs), specifying the measures taken to ensure the enforcement of occupational safety and health provisions, including the prevention of occupational risks linked, inter alia, to the use of agricultural equipment, pesticides and other chemical substances.

Articles 14 and 15. Lack of adequate personnel and appropriate means of transport. In its previous comments, the Committee emphasized the importance of ensuring appropriate means of action, in particular transport facilities, to labour inspectors, as the mobility of supervisory staff is a prerequisite for labour inspection, especially in agricultural undertakings which are by their nature far from urban centres and, in addition, often spread over large areas lacking public transport facilities. It urged the Government to take steps to identify needs and bring them to the attention of the financial authorities. In response, the Government states that there is no specific budgetary allocation for labour inspection in agriculture and the lack of personnel and means of transport is still an obstacle to labour inspectors in discharging their duties. However, the Government hopes that the necessary measures will be taken to remedy the situation as the relevant authorities have been informed of the needs in this respect.

Noting that there is no specific data available on agricultural undertakings and workers, the Committee invites the Government to take measures to carry out an objective assessment of the situation by identifying the agricultural undertakings liable to inspection (number, activity, size and location) and the workers engaged therein (number and categories), with a view to enabling an adequate allocation of financial resources and the setting of priorities for action in order to gradually meet needs, taking into account the national budget. It trusts that the Government will adopt measures to this end in the near future and will be in a position to report on them in its next report.

Articles 25, 26 and 27. Periodical and annual reports. The Committee notes with concern the persistent lack of specific data on labour inspection activities in the agricultural sector. The Government indicates in its report for 2007 that it is envisaged that a formal request for technical assistance will be prepared once the new laws have been enacted and additional personnel recruited. Further to the adoption in 2007 of the new labour laws, the Committee strongly encourages the Government to take steps to request ILO technical assistance with a view to improving data collection and management. The Committee once again hopes that the Government will soon be in a position to establish the conditions in which the Department of Labour can collect data on the activities of the inspection services under its control with a view to the publication of an annual report on the work of the inspection system in agriculture, either as a separate report or as part of its general annual report.

Labour inspection and child labour in agriculture. In response to the Committee’s previous comment concerning the measures taken to reduce child labour and the results of these measures, the Government mentions several measures, such as the establishment of a Child Labour Division, the provision of free primary education and school fee waivers for two years in secondary education, awareness-raising campaigns, international and national cooperation with development partners (ILO, UNICEF, UNDP, etc.) and the social partners, the implementation of the National Plan of Action through the Time-bound Programme, as well as enforcement through labour inspection.

With reference to its general observation of 1999, the Committee recalls that labour inspectors can play an important role in identifying and registering the child workforce in agricultural undertakings and therefore in establishing an educational framework for this population. Moreover, it emphasizes the need to develop labour inspection activities in the agricultural sector so as to highlight specific problems of children and young persons who are exposed to a high risk of accidents and occupational diseases due to the use of complex machines and chemical products. The Committee also emphasizes the important role of the labour inspection services in finding appropriate solutions. The Committee hopes that the implementation of the Time-bound Programme and the Decent Work Country Programme approved in 2007, which identifies the elimination of the worst forms of child labour as a national priority, will enable the labour inspection services to develop preventive and enforcement activities in agricultural undertakings. It requests the Government to provide detailed information on these activities, as well as examples of enforcement activities, and the progress achieved.

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

The Committee notes the Government’s succinct report, the information communicated in response to its previous comments, and the annual report of the Labour Department for the year 2005. Referring also to its observation under Convention No. 81, the Committee asks the Government to provide, in its report on the present Convention, the information requested in that observation, insofar as it specifically concerns labour inspection in agricultural undertakings, in respect of: (i) the amount of the budget allocated to the functioning of the inspection service; (ii) measures aimed at reducing the phenomenon of child labour and the results obtained in this respect; (iii) the scope of the powers of labour inspectors in free agricultural enterprises; and (iv) measures of a legislative or practical nature taken to ensure the inspection of the safety and health conditions of the persons living on such farms.

1. Inspectors to ensure the implementation of national legislation. The Committee notes the issue of legal notices relating to minimum wages for workers in the agriculture sector, effective in 2003, 2004 and 2005, and the information indicating that new draft labour law bills in other areas were discussed, in November 2005, at a workshop attended by members of the Labour Advisory Board, national consultants on draft labour law bills, rules and regulations, and ILO representatives. The Committee would be grateful if the Government would communicate the abovementioned legal notices, indicate the manner in which the enforcement of such provisions is ensured, and keep the ILO informed of any changes in the legislative process insofar as it concerns issues covered by the Convention.

2. Articles 14 and 15 of the Convention. Adequate means to ensure the discharge of duties. In particular reference to its observation concerning the application of Convention No. 81 and to its previous comments relating to labour inspection in agriculture, the Committee notes that the annual activity report for 2005 indicates a persistent lack of inspection personnel and the inadequacy of means of transport, which constitute a major obstacle not only to the discharge of inspection duties, but also to the verification of the measures ordered by the courts in the case of violations referred to them by inspectors. The Committee emphasizes the vital importance of providing labour inspectors with appropriate means of transport so as to enable them to perform their duties in agricultural undertakings, given the distance of such undertakings from urban areas and public transport networks, and urges the Government to take steps to identify needs in this area and to bring them to the attention of the financial authorities, so that such needs, which are vital to the implementation of the Convention, can be progressively fulfilled. The Committee asks the Government to keep the ILO informed of any developments in this regard.

3. Difficulties in fulfilling reporting obligations. The Committee notes that the Government is not yet in a position to ensure the consolidation of different pieces of information on labour inspection activities in the agriculture sector. It notes, however, the Government’s intention to submit a request for ILO technical assistance with a view to restructuring the labour inspection system; such assistance will allow for the improvement of the procedure for managing the statistical information required under the present Convention. The Committee emphasizes, once again, the importance at national level of a separate evaluation of the functioning of the labour inspection system in agriculture, since this system requires specific means and a specific strategy due to the nature of the activities covered, the human component and the geographical configuration of the undertakings, and the specific occupational risks present. The regular consolidation of information on labour inspection activities in agriculture is an indispensable tool for assessing the level of application of the relevant legislation and for determining the means necessary for its improvement. The purpose of publishing this information is to invite the social partners and any other body or agency concerned, to make constructive proposals. The Committee therefore strongly hopes that the Government will formalize, as soon as possible, its request for ILO technical assistance and that it will ensure that one of the components of such assistance will concern the means by which to fulfil its obligations under Articles 26 and 27 of the Convention.

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

The Committee notes the Government’s brief reports and the information provided in reply to its previous comments. It also notes the legislative documents, the statistics and the annual inspection report.

Transport facilities, discharge of the duties of inspection in agricultural enterprises and preparation of an activity report. The absence of an annual report on the activities of labour inspection in agricultural enterprises would appear to be not only due, according to the Government, to the difficulty of separating the specific data requested from those relating to the inspection activities carried out in other economic sectors. Indeed, the Committee notes that the activities reports required under both this Convention and Convention No. 81, are administrative rather than technical and as such are not the proper tool for assessing the extent to which the legal provisions on working conditions and the protection of workers are applied. These reports are more a reflection of the political, structural and financial difficulties that make it impossible to implement a system of labour inspection. The information provided by the Government shows that the lack of transport facilities is the primary obstacle to the discharge of labour inspection duties, particularly in agricultural enterprises. Travel being materially impossible, labour inspectors are inevitably confined to a limited area, which is hardly conducive to securing farmers’ compliance with their legal obligations regarding the working conditions and protection of their employees. Such a situation has particularly adverse effects on vulnerable categories of workers (children, young persons, women and persons with disabilities). For employers to be inclined to comply with the law, they must be aware that they are being supervised by the public authorities and that they might be the subject of a workplace inspection at any moment. Prompt efforts are therefore needed to secure the means to ensure the mobility of the inspectors exercising their duties in the agricultural sector. The production of periodical reports of the activities of the labour inspectors in accordance with Article 25 of the Convention is contingent upon this, since such reports constitute the basis for the annual report which should be formulated, published and transmitted to the International Labour Office, in accordance with Article 26, and should contain the legislative and statistical information requested in Article 27. Referring to paragraphs 272 et seq. of its General Survey of 1985 on labour inspection, the Committee once again draws the Government’s attention to the importance of annual inspection reports to an assessment of the extent to which the objectives of the Convention are being achieved. It hopes that the Government will ensure that measures are taken rapidly, if necessary with international financial assistance to put into practice the principle of the mobility which is essential to the performance of labour inspection duties, particularly in agriculture, and that it will provide information to the Office on the developments in this regard.

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

The Committee notes the Government’s brief report for the period ending May 2000, and the report for 1999 of the Labour Department of the Ministry of Labour and Human Resource Development.

1. Difficulties in complying with reporting obligations. With reference to its previous comments, the Committee notes that the Government is still not in a position to provide information on the activities of the labour inspectorate in the agricultural sector, as such information is combined with that on other sectors of economic activity. The Committee notes the request of the Government for ILO technical assistance so as to restructure the labour inspection system, which will improve the processes for the management of the statistical data required by the Convention. The Committee hopes that this assistance will be provided in the near future so as to enable it to meet the necessary conditions for the implementation of the Convention and to improve its compliance with the obligation to provide reports under article 22 of the Constitution of the ILO.

2. Need to identify data concerning inspection activities in the agricultural sector. Noting that the principal information concerning the agricultural sector provided in the annual report of the Labour Department is that most agricultural employers provide employees with housing in tea, sisal and coffee plantations, the Committee would be grateful if the Government would indicate whether and, if so, the conditions of life of workers and their families are supervised by labour inspectors, as suggested by Article 6, paragraph 2, of the Convention.

3. Means of transport and inspections of agricultural enterprises. With reference to the information provided in the report of the Labour Department concerning the trends in inspections in all sectors of activity combined, the Committee notes that, while in 1999 an increase of 13 per cent in the total number of inspections was registered in relation to 1998, certain services still suffer from an absence of means of transport and the old age and unreliability of vehicles, where they exist. The report indicates that provincial and district labour officers have been requested to increase their interest in labour inspection and that headquarters and provincial officers plan to increase evaluation and monitoring visits to local inspection stations. The Committee would be grateful if the Government would provide full information on these measures and indicate in particular their impact on the improvement of the conditions of work of labour inspectors operating in the agricultural sector and on their effectiveness in relation to Article 21 of the Convention, under the terms of which agricultural enterprises shall be inspected as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions.

4. Labour inspection in agriculture and child labour. The Committee notes from the report of the Department of Labour for 1999 that financial difficulties appear to have temporarily prevented action by the Child Labour Unit of the Department of Labour, as well as by the labour inspectorate in this respect. It, however notes from the same report the efforts made to formulate a national policy on child labour, awareness-raising campaigns through the media, relations with the institutions concerned and the active involvement of the Child Labour Unit in a number of significant activities, such as the preparation of the third African Conference on Child Abuse and Neglect (Nairobi) and the preparation of district plans of action for the year 2000. Also noting that the above Unit maintains relations with university researchers in the field of child labour, the Committee hopes that these efforts will result in the near future in a significant improvement of the situation of child victims of the economic situation, and in a progressive reduction of the phenomenon of child labour leading to its eradication, particularly in the agricultural sector, with the participation of the inspection services. With reference to its general observation of 1999, the Committee would be grateful if the Government would provide information on the practical measures taken with a view to providing labour inspectors with the means necessary to participate, in accordance with Article 3, paragraph 1(b), of the Convention, in the development of appropriate legislation in this field and effectively supervise the application of the relevant legal provisions which are in force.

5. Labour inspection and the amendment of legislation with a view to poverty reduction. The Committee notes, from a report of the ILO Area Office in Dar-es Salaam, received in November 2000, that a paper concerning the identification and prioritization of laws for review for the purpose of the reduction of poverty was submitted by the Ministry of Labour and Human Resource Development at a workshop held in Mombasa in October 2000, and that funds for labour law reform have been granted by UNDP, with ILO support, with a view to financing legislative reform in the fields of formal and informal labour, micro enterprises and employment creation. The Committee would be grateful if the Government would indicate the role played by inspection services and provide information on the development of this activity.

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

The Committee notes the Government's report for the period ending 30 June 1998 and the copies of texts regarding basic minimum wages for workers in agriculture. The Committee also notes the reply of the Government to its general observation of 1996 regarding the application of Article 27(g) of the Convention. It observes however that the Government provides no information in respect of the application of many of the other provisions of the Convention. The only information regarding the agricultural sector contained in the report of the Labour Department consists of an observation on the inadequate conditions of accommodation on tea and coffee plantations; the Committee recalls, in this respect, that according to Article 6, paragraph 2, national laws or regulations may give labour inspectors in agriculture advisory or enforcement functions regarding legal provisions relating to conditions of life of workers and their families. Other information, as well as statistical data, that the annual report for 1997 provides on the activities of the labour inspection, are very general and do not enable the Committee to distinguish which activities are from the agricultural sector. The Committee trusts that the Government will communicate a detailed report on the application of this Convention, with particular respect to all the information called for under each of the provisions of the instrument in the report form approved by the Governing Body of the International Labour Office as well as all other information useful for an assessment of progress achieved and difficulties encountered.

Recalling that, under Article 2, paragraph 1, the annual report on the work of the inspection services in agriculture may be published either as a separate report or as part of the general annual report, the Committee further requests the Government to take, in conformity with Article 26, paragraphs 2 and 3, all appropriate measures in respect of the drawing up, publishing and transmitting of the annual reports of the labour inspection to the ILO, containing information on each of the subjects listed in Article 27(a) to (g).

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

The Committee refers to its comments under Convention No. 81, as follows:

Articles 10, 11 and 16 of the Convention. The Committee notes the information provided in the Government's report and in the 1996 annual report of the Directorate of Occupational Health and Safety Services (DOHSS). It notes the statistics provided on the number of inspections and the vehicles at the disposal of the labour department; the statistics of registered factories and of the number of workers employed as well as the information on the establishment of a database on labour inspection functions including all establishments visited by the labour inspection staff. The Committee notes the information that the number of inspections carried out in the last years has remained relatively low in comparison with the number of registered factories. This is confirmed by the chart of inspection visits which shows that the number of inspections after having progressed from 1990 to 1993, has been decreasing since 1994 through 1996. The Committee also notes that the inspection services are handicapped in the discharge of their duties by the inadequacy of financial resources, transport facilities, office accommodation, equipment and training. The Committee hopes that the Government will provide information on any steps taken to improve the human, financial and technical means at the disposal of the labour inspection to ensure that workplaces are inspected as often and as thoroughly as is necessary to ensure the effective application of the relevant labour legislation.

Articles 14 and 21. The Committee notes the information provided by the Government that industrial accidents and cases of occupational diseases are reported to the Directorate of Occupational Health and Safety Services. It notes, however, the indication by the Government that while statistics on occupational accidents are contained in the report of the Directorate, data on occupational diseases is not available for lack of resources. The Committee hopes that in future, statistics on occupational accidents as well as on occupational diseases will be compiled and published, such data being an important element in the evaluation of the impact of inspection on the safety and health of workers. It requests the Government to report on any progress made in this regard.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

Please see the Committee's comments under Convention No. 81, as follows:

The Committee notes the information provided by the Government in its report as well as the annual report of the Labour Department for 1991. The Committee also notes with interest the information and the attached documentation provided by the Government on the activities and goals achieved from 1991 to 1993 by the ILO technical cooperation project to strengthen labour inspection in Kenya. The Committee would be grateful if the Government would provide additional information on the following points:

Articles 8, 10, 11 and 16 of the Convention. The Committee notes with interest from the Government's report and the attached documentation on the ILO project noted above, that the number of inspections carried out increased from 3,601 in 1990 to a total of 16,132 in 1992, as a result of improved mobility of inspectors who were provided with proper transport, such as motorbikes. Please continue to provide information on the measures taken or contemplated to strengthen the staff of the inspection service throughout the country and to provide it with the transport and all other facilities necessary for the effective performance of its duties.

The Committee also notes with interest the Government's indication that there are 18 women inspectors, including six at senior management levels. Please continue providing information on the number of women appointed as inspectors and on any specific measures which promote the appointment of women inspectors.

The Committee further notes with interest the Government's statement that it is in the process of preparing a list of all premises (about 7,000) which are subject to labour inspection, as well as workers employed therein. The Committee hopes that with the establishment of such a list, it will be possible to inspect all industrial establishments (and agricultural undertakings as prescribed in Convention No. 129, ratified by Kenya in 1979) regularly. Please supply detailed information on any progress achieved in this respect. In addition, please continue to provide information on the measures that have been taken or are contemplated to strengthen the inspection service, particularly with regard to notification of occupational diseases (Article 14).

Articles 20 and 21. Further to its previous comments, the Committee notes that, like previous reports, the annual Labour Department report for 1991 does not contain statistics on occupational diseases (Article 21(g)), on the number of workplaces liable to inspection and the number of workers employed therein (Article 21(c)). In this respect, the Committee notes the Government's statement that in the future, all annual reports will be published within the time-limits set in Article 20 and will contain all the information required under Article 21. It hopes - as the Government anticipates - that all the appropriate measures will be taken soon to ensure that inspection reports are regularly compiled and published in accordance with these Articles of the Convention.

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

Please see the Committee's comments under Convention No. 81, as follows:

The Committee notes the information provided by the Government in its report as well as the annual reports of the labour inspection services for 1989 and 1990. The Committee also notes with interest the information provided concerning the activities of a technical cooperation project, "Implementation of International Labour Standards: ILO Conventions Nos. 81, 129, 144 and 150; and Recommendations Nos. 81, 82, 133, 152 and 158", executed by the ILO, in the light of which it would make the following comments:

Article 21. For a number of years the Committee has commented that the Government's annual reports have not included statistics of occupational diseases (point (g)). This is the case also for the 1989 and 1990 reports most recently received. The Committee notes that the 1989 and 1990 reports similarly do not indicate the number of workplaces liable to inspection and the number of workers employed therein (point (c)); further, the 1989 report provides statistics of penalties imposed for violations (point (e)), but the 1990 report does not. As the Committee has pointed out in the past, publication of an annual inspection report is required by the Convention because such a report provides a mechanism for monitoring and improving essential inspection activities. While the Committee notes that the Government has provided annual reports with useful information, it hopes that measures can be taken (and in particular with the cooperation of the ILO project) to ensure that each specific requirement of this Article is met.

Article 11, paragraph 1(b), and Article 16. The Committee notes that a number of motorbikes are being provided by the ILO project to improve mobility of inspectors. Please describe the impact of this on the frequency of inspection visits.

The Committee would also be grateful if the Government would provide with its next report information on how particular activities of the ILO project, beyond generally providing training to staff of the inspectorate, are improving implementation of specific provisions of the Convention by, for example, setting up a system, including necessary regulations, for notification of occupational diseases (Article 14); improving reporting methods (Article 19); improving relations with and increasing contact between employers' and workers' organisations (Article 5); promoting the appointment of women inspectors (Article 8); or establishing a system for counting establishments subject to inspection and workers employed therein (Article 21(c)).