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Effective tripartite consultations. The Committee notes the Government’s detailed report received in November 2009. The Committee recalls its observations of 2007 and 2008 in which it noted the comments made by the National Union of Workers of Chile (UNT), received in June and August 2007. The UNT alleged systematic discrimination, complaining that it was excluded from the meetings convened in accordance with the Convention, particularly meetings to discuss ILO-related matters. The UNT wished to be consulted in accordance with Articles 2, 3 and 5 of the Convention. The Committee notes the Government’s replies received in April 2009 recalling the existence of three trade union confederations established in accordance with national law. The Government indicates that, on 10 February 2009, the Single Confederation of Workers (CUT) had a membership of 447,971 workers, compared to the National Union of Workers with a membership of 41,113 workers. According to the Government, the clearly larger membership of the CUT, the fact that it is a national trade union confederation providing general representation of the interests of Chilean workers and the fact that it combines all productive sectors in both the private and public sectors, means that the CUT is indisputably representative for the purposes of Articles 1, 2 and 5. The Government maintains that ignoring that representativeness would mean ignoring the will of the workers freely exercising their right to choose the workers’ association which most reflects their right to organize. The Government observes that the procedures for ensuring effective consultations as set out in Article 5 make no reference to the appointment of delegates for the International Labour Conference in accordance with the provisions of article 3 of the ILO Constitution. In its report, the Government states that the CUT was deemed the only organization having the “representative” nature established in the Convention. The Committee refers to paragraphs 34–38 of its 2000 General Survey on tripartite consultations. In this General Survey, the Committee indicated that although the Convention requires that the most representative organizations of employers and workers participate in consultations, it does not in any way prevent the involvement of representatives of other organizations. The Committee understands that, by using the phrase “representative organizations” in the plural, the Convention invites Governments to include in the procedures those representative organizations which have indicated their interest in participating in the tripartite consultations required by the Convention. The Committee recalls that the Government previously indicated that Chilean workers are organized in three trade union confederations: the Single Confederation of Workers, the Autonomous Confederation of Workers and the National Union of Workers of Chile. The Committee therefore requests the Government to examine once again, in consultation with the interested representative organizations, the manner in which it can be ensured that the representative organizations of workers participate in the tripartite consultations concerning international labour standards required by the Convention (Articles 2 and 5 of the Convention).
Article 5, paragraph 1, subparagraphs (b) and (c). Tripartite consultations required by the Convention. The Committee refers to its observation on the fulfillment of the obligation to submit the instruments adopted by the Conference to the National Congress. The Committee once again requests the Government to provide information on the tripartite consultations required by the Convention with regard to this constitutional obligation.
The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its 2007 observation, in which the following matters were raised.
Article 5, paragraph 1(b) and (c), of the Convention. Tripartite consultations required by the Convention. The Committee noted the Government’s report received in September 2007, in which the Government stated that there had been no changes in the information sent in the previous report. It notes that the ratification of Convention No. 169 was registered on 15 September 2008. The Committee hopes that in its next report the Government will be able to provide information on the prospects for ratification of the other Conventions referred to in previous reports (Conventions Nos 152, 160, 171 and 181). The Committee refers the Government to its observation on compliance with the obligation to submit the instruments adopted by the Conference to the National Congress and hopes that the Government will shortly provide information on the tripartite consultations required by the Convention in respect of the abovementioned constitutional obligation.
Effective tripartite consultations. The Committee noted the observations made by the National Union of Workers of Chile (UNT), received in June and August 2007. On 17 August 2007, the Office sent a copy of these observations to the Government. The UNT alleged systematic discrimination, complaining that it was excluded from the meetings convened in accordance with the Convention, particularly meetings to discuss ILO-related matters. The UNT wished to be consulted in accordance with Articles 2, 3 and 5 of the Convention. The Committee noted that in its report the Government stated that Chilean workers were organized in three confederations: the Single Central Organization of Chilean Workers (CUT), the Autonomous Central Union of Workers (CAT) and the UNT. The Committee asks the Government to communicate more detailed information on how Articles 1, 2 and 5 of the Convention are applied, so as to ensure that the most representative organizations of workers, like the UNT, participate fully in the tripartite consultations on international labour standards required by the Convention.
1. Article 5, paragraph 1(b) and (c), of the Convention. Tripartite consultations required by the Convention. The Committee takes note of the Government’s report received in September 2007, in which the Government states that there have been no changes in the information sent in the previous report. In its direct request of 2006, the Committee welcomed the fact that the Instrument for the Amendment of the Constitution of the ILO, 1997, had been approved by the National Congress. Furthermore, Convention No. 169 was undergoing its second constitutional reading in the Senate with the procedure for its parliamentary approval pending. The Committee hopes that in its next report the Government will be able to provide other information on the prospects for ratification of the other Conventions referred to in previous reports (Conventions Nos 152, 160, 171 and 181). The Committee refers the Government to its observation on compliance with the obligation to submit the instruments adopted by the Conference to the National Congress and hopes that the Government will shortly provide information on the tripartite consultations required by the Convention in respect of the abovementioned constitutional obligation.
2. Effective tripartite consultations. The Committee notes the observations made by the National Union of Workers of Chile (UNT), received in June and August 2007. On 17 August 2007, the Office sent a copy of these observations to the Government. The UNT alleges systematic discrimination, complaining that it is excluded from the meetings convened in accordance with the Convention, particularly meetings to discuss ILO-related matters. The UNT wishes to be consulted in accordance with Articles 2, 3 and 5 of the Convention. The Committee notes that in its report the Government states that Chilean workers are organized in three central unions: the Single Central Organization of Chilean Workers (CUT), the Autonomous Central Union of Workers (CAT) and the UNT. The Committee invites the Government to send its comments on the UNT’s observations together with more detailed information on how Articles 1, 2 and 5 of the Convention are applied so as to ensure that the most representative organizations of workers participate fully in the tripartite consultations on international labour standards required by the Convention.
[The Government is asked to reply in detail to the present comments in 2008.]
Tripartite consultations required by the Convention. The Committee notes the reply to its previous direct request contained in the report received in January 2006. The Government indicates that the Instrument for the Amendment of the Constitution of the ILO, 1997, has been approved by the National Congress. Furthermore, Convention No. 169 is undergoing its second constitutional reading in the Senate, with the procedure for its parliamentary approval pending. The Committee welcomes the information provided and hopes that the Government will continue providing information on the ratification prospects of other Conventions referred to in previous reports (Conventions Nos. 152, 160, 171 and 181) (Article 5, paragraph 1(c), of the Convention). The Committee refers to the observation that it is making on compliance with the obligation to submit the instruments adopted by the Conference to the National Congress and hopes that the Government will provide information in the near future on the tripartite consultations required by the Convention in relation to that constitutional obligation (Article 5, paragraph 1(b)).
In reply to its direct request of 2001, the Government indicates that the Tripartite Commission on Convention No. 144 has not yet made a final decision concerning the eventual ratification of Conventions Nos. 152, 160, 171 and 181. The Committee hopes that the Government will keep it informed on the matter and that it will provide in its next report detailed information on the consultations held on all the items specified in Article 5, paragraph 1, of the Convention, as well as on the reports or recommendations formulated as a result of these consultations.
The Committee notes the Government’s report, which contains detailed information for the period ending 30 August 2001. The Committee notes with interest the work undertaken by the Tripartite Commission on Convention No. 144 relating to the effective consultations required by the Convention, and particularly to promote the ratification of Conventions. The Committee would be grateful if the Government would continue providing detailed information in its next report on the application of the Convention, with an indication of the outcome of the consultations held with regard to the possibility of ratifying Conventions Nos. 152, 160, 171 and 181 (Article 5, paragraph 1(c) of the Convention).
The Committee has noted with interest the Government's reports received in December 1996 and October 1997. It invites the Government to continue to provide detailed information on the application of the Convention and requests it to indicate, in its next report, the employers' and workers' organizations consulted together with the content of the discussions held during the consultations on the denunciation of the Underground Work (Women) Convention, 1935 (No. 45).
The Committee notes with interest the information provided by the Government on the ratification of Conventions Nos. 121, 131, 135, 140 and 161 of the ILO. It however notes that the Government's second 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:
The Committee notes the Government's first report on the application of the Convention. It notes also the report received in October 1995. It notes that the consultations required by the Convention are held by means of written communications (the Government refers to Paragraph 2(3)(d) of the Tripartite Consultation (Activities of the International Labour Organization) Recommendation, 1976 (No. 152)). The Committee also notes that the Government has set up a Tripartite Commission on Convention No. 144. In this respect, it requests the Government to continue providing detailed information on the application of the Convention, including precise information on the following points:
Article 5, paragraph 1(c), of the Convention. The Committee trusts that the Government will continue to supply information on consultations held to examine the measures which could be taken to promote the implementation and ratification, as appropriate, of other basic ILO Conventions, which it indicates are the inspiration for national legislation.
Article 5, paragraph 1(e). The Government states that during the period covered by the report on the application of Convention No. 144 no Conventions have been denounced. The Committee requests the Government to include precise information in its next report on the possibility of holding consultations, within the framework of the Tripartite Commission, on the denunciation of the Night Work (Bakeries) Convention, 1925 (No. 20), to which the Government has referred in its reports on the application of that Convention, as well as on the denunciation of the Old-Age Insurance (Industry) Convention, 1933 (No. 35), and the ratification of any other Convention, the possibility of which was mentioned by a Government representative to the Conference Committee on the Application of Standards in June 1995.
Article 6. Please include precise information in the next report on the consultations that have been held with the representative organizations on the possibility of issuing an annual report on the working of the procedures provided for in the Convention.
Article 5, paragraph 1(c), of the Convention. The Committee notes that, within the framework of the Tripartite Commission on Convention No. 144, a study has been commenced concerning the ratification of new Conventions. The Government refers to Conventions Nos. 121, 131, 135, 140, 141, 161 and 138. The Committee trusts that the Government will continue to supply information on this subject, and on any other consultations held to examine the measures which could be taken to promote the implementation and ratification, as appropriate, of other basic ILO Conventions, which it indicates are the inspiration for national legislation.