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Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) - Mozambique (RATIFICATION: 1996)

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Articles 2 and 5 of the Convention. Effective tripartite consultations. The Committee notes the information provided by the Government in response to its previous comments. Referring to Decree No. 17/2015 of 15 August, the Government reports that the Convention is implemented through the tripartite Labour Advisory Commission (CCT) and that this implementation is extended to the provincial level by the tripartite Social Dialogue and Consultation Fora (FCCOS) located in the provincial capitals. The Government adds that the Decree has decentralized tripartite social dialogue and expanded its use throughout the entire country. The Government once again refers to tripartite discussions held in the CCT regarding: the Plan of Action for the National Employment Policy; the National Action Plan for the Elimination of the Worst Forms of Child Labour; the Occupational Safety and Health Convention, 1981 (No. 155); and the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187). No additional information regarding the content of tripartite discussions during the reporting period is provided. The Committee notes that the annexes referenced in the Government’s report relating to summaries of the discussions are not provided. In response to the Committee’s request for information concerning the content and outcome of tripartite consultations held at the provincial level on matters related to international labour standards covered under Article 5(1) of the Convention, the Government indicates that the consultations have focused on socio-economic and labour matters of interest to the social partners in each province and may vary depending on the specificities of each province. The Committee requests the Government to provide concrete, detailed and updated information in its next report regarding the content, outcome and frequency of the tripartite consultations concerning international labour standards covered by Article 5 of the Convention at both the national and provincial levels. The Government is further requested to provide copies of the minutes of the tripartite consultations held within the Labour Advisory Commission.

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Effective tripartite consultations. The Committee notes the information provided in the Government’s report received in September 2018. In particular, it notes the adoption during the reporting period of Decree No. 17/2015 of 14 August, which reinforces the tripartite Labour Advisory Commission, increasing the number of representatives of each of the tripartite constituents from six to eight members for each group at the ordinary sessions of the Commission. In addition, the Decree increases the frequency of ordinary sessions of the Commission, from two to four sessions per year. In addition, the Government indicates that the Decree decentralizes social dialogue, with a view to promoting regular tripartite dialogue throughout the country, providing that the Governor of each province assumes the presidency of the local tripartite committee. The Government reports that, in 2017, the Labour Advisory Commission held five ordinary sessions and two extraordinary sessions, in which it discussed legislative matters, as well as labour, economic and social issues. The Committee notes that, among other items, the Commission examined the Plan of Action relative to the Employment Policy adopted in 2015, as well as the Plan of Action for the Elimination of the Worst Forms of Child Labour. The Committee notes the Government’s indication that the discussions included an examination of the Occupational Safety and Health Convention, 1981 (No. 155) and the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187). In addition, the consultations examined the procedures for ratification of the Safety and Health in Mines Convention, 1995 (No. 176) the 1995 Protocol to the Labour Inspection Convention, 1947 (No. 81) and the 2014 Protocol to the Forced Labour Convention, 1930 (No. 29). The Committee notes with interest that the ratification of the 2014 Protocol to Convention No. 29 and Convention No. 81 was approved by the National Assembly in December 2017, with the instruments being ratified on 14 June 2018. The Committee requests the Government to communicate detailed and updated information setting out the specific content and outcomes of the tripartite consultations held concerning each of the matters covered under Article 5(1) of the Convention, including copies of the minutes of the Labour Advisory Commission. Moreover, the Committee reiterates its request that the Government provide information on the content and outcomes of tripartite consultations held at the provincial level on matters concerning international labour standards covered under Article 5(1).

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Article 5 of the Convention. Effective tripartite consultations. The Government indicates in its report that tripartite consultations are an institutionalized practice. The Government emphasizes in this regard that consultations are held in the Labour Advisory Commission (CCT) and in provincial bodies. It adds that the consultations that have been held covered standards and legislative matters relating to labour legislation and of a socio economic nature. At the level of the provinces, the consultations held cover the implementation of investment projects, legal provisions respecting the recruitment of foreign labour, the promotion of conferences on social dialogue, and occupational safety and health. The Committee requests the Government to provide detailed and updated information on the tripartite consultations concerning international labour standards required by the Convention including replies to questionnaires, submission to the Assembly of the Republic, re-examination of unratified Conventions and Recommendations, and reports to be made to the ILO. It also requests the Government to provide information on the nature of the reports or recommendations made as a result of these consultations.

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Tripartite consultations required by the Convention. The Committee notes the Government’s report received in September 2013 in which it indicates that the Labour Advisory Commission currently holds two ordinary meetings and one or two extraordinary meetings per year. The Government further indicates that during the period under review it held consultations on legislative matters as well as on labour, economic and social issues. The Committee takes note that the observations made by the Confederation of Economic Associations of Mozambique, the Organisation of Mozambican Workers and the Confederation of Free and Independent Trade Unions of Mozambique confirm what the Government has indicated in its report. The Committee requests the Government to submit a report containing detailed and updated information on the tripartite consultations concerning each of the matters covered by Article 5(1) of the Convention (replies to questionnaires, submissions to the competent authorities, re-examination of unratified Conventions and Recommendations, reports to be made to the ILO). The Committee once again requests the Government to include information on the nature of the reports or recommendations resulting from these consultations. In addition, the Committee invites the Government to provide detailed information on the content and results of the consultations at the provincial level.

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Tripartite consultations required by the Convention. ILO technical assistance. The Committee takes note of a brief report received in September 2012. The Government indicates that the Labour Advisory Commission’s role is to promote social dialogue and partnership with respect to the Government’s economic, social and labour policies. Negotiations to readjust national minimum wages and promote regulatory instruments, especially in the area of labour law, are conducted in the framework of social partnership. The Government also refers to consultation and social dialogue forums at the provincial level. The Committee once again requests the Government to submit a report containing detailed and updated information on the tripartite consultations concerning each of the matters covered by Article 5(1) of the Convention (replies to questionnaires, submissions to the competent authorities, re-examination of unratified Conventions and Recommendations, reports to be made to the ILO). It also requests the Government to include information on the nature of the reports or recommendations resulting from these consultations. In addition, the Committee invites the Government to provide detailed information on the content and results of the forums at provincial level to which it refers. In addition, the Committee once again draws the Government’s attention to the possibility of seeking technical assistance from the Office in order to enable the provision of detailed information, allowing the Committee to examine, as the Convention requires, whether tripartite consultations on international labour standards are effectively carried out (Article 5(1) of the Convention).

[The Government is asked to reply in detail to the present comments in 2013.]

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Consultations required by the Convention. The Committee notes the Government’s report received in September 2011, which reproduces the information sent in the previous report. The Government lists the subjects to be dealt with in tripartite consultations without specifying those that were actually addressed during the period covered by the report. It again states that it is very difficult to ensure that the social partners receive the necessary training to participate in tripartite consultations. In view of the foregoing, the Committee points out that the Government may seek technical assistance from the Office regarding the provision of detailed information, allowing the Committee to ascertain, as the Convention requires, that tripartite consultations are actually carried out on international labour Conventions in accordance with Article 5(1) of the Convention. The Committee requests the Government to provide information on the content and results of the consultations held on the subjects covered by the Convention.

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Consultations required by the Convention. The Committee notes that the Government’s report received in September 2010 contains the same information that the report provided in October 2008. In its 2008 direct request, the Committee noted that employment issues were generally the subject of discussions within the Labour Advisory Commission. It further noted that, due to financial difficulties, the Government was not in a position to provide adequate training for participants in consultative activities referred to by the Convention. The Committee asks the Government to provide detailed information on the content and outcome of the consultations regarding international labour standards held on each of the matters set forth in Article 5(1) of the Convention.

[The Government is asked to reply in detail to the present comments in 2011.]

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Tripartite consultations required by the Convention. The Committee notes the Government’s report received in October 2008 in reply to its direct request of 2007. The Government indicates that employment issues are generally the subject of discussions within the Labour Advisory Commission. In addition, tripartite consultation forums are being set up in the various provinces, thereby allowing social dialogue in the country to be strengthened. Owing to financial difficulties, the Government is currently not in a position to provide adequate training for the participants in consultative activities referred to by the Convention. The Committee also notes the brief information on consultation procedures relating to Mozambique’s participation at the International Labour Conference and the submission to the competent authorities of the instruments adopted by the Conference, the possibilities for ratification of Conventions and the preparation of reports on the application of ratified and unratified Conventions. With reference to its previous comments, the Committee requests the Government to provide more detailed information in its next report on the content and outcome of the consultations held on each of the matters set forth in Article 5, paragraph 1, of the Convention.

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Tripartite consultations required by the Convention. The Committee notes the report received in October 2006 containing general information on the consultations held under Article 5, paragraph 1, of the Convention. The Committee asks the Government to provide more detailed information on the content and outcome of the tripartite consultations held on each of the matters set forth in Article 5, paragraph 1, of the Convention. The Committee invites the Government to continue providing information on the consultations held within the technical subcommittees of the Labour Advisory Commission on the matters covered by the Convention and the revision of labour legislation.

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1. Tripartite consultations required by the Convention. In response to the direct request of 2001, the Government indicates that tripartite consultations took place with regard to the revision of Labour Act No. 8/98. The social partners were also consulted on minimum wages, on political, economic and social matters, and regarding preparations for the 2004 Ouagadougou Summit. Since the Committee does not have information to enable it to evaluate the application of the present Convention, it again requests the Government to provide precise information on the consultations held on each of the matters set out in Article 5, paragraph 1, of the Convention during the period covered by the report, specifying their purpose, their frequency and the nature of any reports or recommendations resulting from them. Please specify any consultations that were held within the Labour Advisory Commission on the matters covered by the Convention.

2. Operation of the consultative procedures. In its previous direct request, the Committee noted the tripartite consultations which were held in conformity with Article 6. It again requests the Government to provide information on the outcome of these consultations.

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1. The Committee notes the information contained in the Government’s report. Noting that the Advisory Labour Commission discussed and adopted decisions on matters of an economic and social nature, such as the minimum wage, the Committee requests the Government to provide information in its next report on the matters covered by the Convention which are addressed by the above Commission during the period covered by the next report. Please also provide information on the procedure adopted and supply a copy of the regulations envisaged under section 16(1) of Decree No. 7/1994 establishing the above Commission.

2. Article 5, paragraph 1, of the Convention. The Committee notes the indications provided by the Government that all information and all reports sent to the ILO are prepared after consulting the associations of employers and workers and that the submission to the competent authorities of Conventions and Recommendations and other matters relating to the activities of the International Labour Office are also the subject of consultations with the social partners. The Committee would be grateful to be provided with more detailed information on the consultations to which all the matters set out in Article 5, paragraph 1, have given rise during the period covered by the report, as well as on the frequency of such consultations and any reports or recommendations issued.

3. Article 6. The Committee also notes that, according to the Government, the representative organizations have been consulted on the question of issuing an annual report on the working of the consultation procedures. The Committee requests the Government to indicate the results of the above consultations.

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The Committee takes note of the Government’s first report on the application of the Convention. It notes the information that consultations on the matters set out in Article 5, paragraph 1, of the Convention are carried out by means of written communications. It also notes Decree No. 7/1994 establishing the Labour Advisory Committee, which is competent for matters "related to the ILO’s standard-setting instruments" (section 2(1)(c) of the Decree). It asks the Government to describe how the written communication procedure ensures effective consultations within the meaning of Article 2 and to state which of the above matters, if any, are dealt with in the Labour Advisory Committee.

The Committee asks the Government to provide in its future reports more detailed information on the consultations held on each of the matters set out in Article 5, paragraph 1, to state how often the consultations are held and to specify the nature of any resulting reports or recommendations.

Lastly, the Committee asks the Government to indicate whether, in accordance with the requirement of Article 6, the representative organizations have been consulted on the publication of an annual report on the working of the consultation procedures. If so, please indicate the outcome.