Scarecrows are effective most times, though they are toothless, even lifeless. So, does it matter if the International Labour Organisation (ILO), which is holding its 100th annual conference in June, flaps its supervisory wings loudly every year even though it cannot do much if a member country were to ignore it?
It does. ILO’s chief supervisory engine — Committee of Experts on Application of Conventions and Recommendations (CEACR) — is a body of 20 international legal experts, and is like a global Lok Pal on labour standards. Now it does not penalise anyone. It takes up complaints from workers’ organisations and asks for investigations as well as keeps a keen eye on enforcement of international labour standards by member countries. All it does is ask, ask and ask, till it finally closes the case. The government has no option, but to reply.
Countries like to believe that CEACR is a toothless body which cannot do anything if the country was found not enforcing the conventions on labour standards. Last year, when a top labour ministry official was asked about questions raised by CEACR on the lack of inspections in the industry, the response was one of dismissal. Why should we be concerned about what ILO thinks? We have our own labour laws, was the response. But member countries rarely ignore queries made by CEACR every year. The latest annual report of CEACR notes that India was addressed 10 queries and it responded to all.
In the latest report of CEACR, the issue that has been taken up with India once again is of labour inspections, on which the committee has complaints from various trade unions. The queries show that India cannot get away with ignoring the international convention on labour inspection.
In its replies to CEACR, the government has sought to convince the committee that there was no move to end the inspector raj and in the central sphere, workplaces are actually inspected. CEACR seems to take this with a pinch of salt. It says, in its usual obsequious style, which sounds anything between sarcasm and indignation: “The committee would be grateful if the government would continue to provide statistics on the labour inspection activities of the chief labour commissioner and the results.” As for labour inspections outside the central sphere, it says, “It would be grateful if the government would communicate to ILO quickly with comprehensive statistical information on labour inspection staff and activities by state.”
A third request is even more demanding. On a statement provided by All India Manufacturers’ Organisation that labour inspections are a route of corruption, it requests the government to provide information on the pay scale of labour inspectors by comparison to the remuneration of comparable categories of public officers such as tax inspectors. It also asks the government to forward the text of any code of conduct or similar document applicable to labour inspectors.
The government may like to bury its laws on labour inspections, especially when it is planning to come up with gigantic manufacturing zones which are likely to be inspection free, but CEACR is unlikely to keep quiet. Referring to a complaint regarding the lack of labour inspections in special economic zones (SEZs), CEACR reminds the government of Article 16 of the labour inspection convention, which states that workplaces should be inspected as often and thoroughly as necessary. The committee has asked the government to ensure that new systems don’t affect the effectiveness of the labour inspection system, especially the frequency of inspection visits.
It has also asked for detailed statistical information on enterprises and workers in export processing zones and SEZs, labour inspectors who oversee them, inspections carried out, offences reported, penalties imposed, industrial accidents and cases of occupational diseases reported.
These are enough to assure workers that the government cannot afford to go into a state of amnesia when it comes to their basic rights.
