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

Further to its previous observation, the Committee notes the Government's report and the attached documents, including Act No. 56 of 1995 concerning public contracts.

According to the Government's report, although the said Act does not include a provision requiring the insertion of labour clauses in public contracts, the Ministry of Work and Labour Development (MITRADEL) has elaborated a draft Bill to add a provision in section 28 of Act No. 56 so as to bring it in conformity with the Convention. In addition, the National Economic Council (CENA), whose function includes granting of favourable opinion on contracts for an amount between B/.250,000 and B/.2,000,000, considers it prudent that, pending the enactment of the above Bill, its requirement should be included in public contracts. CENA has authorized the Ministry of Finance, which is the body to set standards and inspect the system, to circulate to all public bodies the instruction concerning this requirement of public contracts.

The Committee takes due note of this information. It requests the Government to continue to provide information on any progress made towards the adoption of the above Bill, and to send a copy of it when adopted, as well as that of any instruction issued by the Ministry of Finance with regard to the inclusion of labour clauses in public contracts.

As to the questions raised in the previous direct request regarding the specifications of public tenders (model articles and conditions), the Committee notes the indication in the Government's report that the specifications are no longer in force since the adoption of Act No. 56. It asks the Government to supply information on any equivalent documents under the new Act.