Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes the Government's report for the period ending May 1998 and the useful information provided in annex. It notes the detailed information on the consultations held under the aegis of the Supreme Labour Council, in accordance with Article 5, paragraph 1(b) and (c), of the Convention, on the proposals relating to the submission of Conventions and Recommendations to the Legislative Assembly and on the effect which has been given to them. It also notes the information on the consultations held, in accordance with Article 5, paragraph 1(a), concerning replies to questionnaires on certain items on the agenda of the 86th International Labour Conference.

Furthermore, the Committee note the comments made by the Government in reply to the communication of the Inter-Confederal Committee of Costa Rica alleging non-compliance with the provisions of Article 5, paragraph 1(d). The Government states, without providing other information, that it gives effect to the above provisions by transmitting systematically to the representative organizations of employers and workers the reports to be submitted to the ILO under article 22 of the ILO Constitution. In this respect, the Committee wishes to recall that, in its General Survey of 1982, it stated that, as required by Article 2 of the Convention, the consultation procedures on each of the subjects enumerated in Article 5, paragraph 1, must be effective, which means that they have to enable employers' and workers' organizations to have a useful say on the above matters. For this purpose, the consultations must be held prior to the adoption of a decision by the Government and sufficient time must be given to the representative organizations to enable them to make any comments that they consider useful. In view of the above, the Government is requested to indicate whether effect is given in the spirit of the Convention to the above provisions of Article 2 with regard to the report provided to the ILO on the application of ratified Conventions.

The Committee requests the Government to continue supplying detailed information in future reports on the consultations held on the matters enumerated in Article 5, paragraph 1(a), (b) and (c), and hopes that it will provide information on the consultations held concerning the report to be submitted to the ILO on the application of ratified Conventions (point (d)), taking into account the explanations provided in this observation.