Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes with regret that the Government’s 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:

Article 2 of the Convention. The Committee notes that the above Conditions of Contract established by the FIDIC does not contain any labour clause ensuring to the workers engaged by the contractor conditions of labour including wages which are not less favourable than those established for work of the same character in the district, as required under this provision of the Convention. The Committee further notes the Government’s reference to the Regulation of Wages and Terms of Employment Order as the basis for the clauses to be included in contracts. It points out that, as the Government subsequently notes itself, this Order sets the minimum level of wage and terms of employment. This is not sufficient to give effect to the provision of Article 2 of the Convention. The minimum standards fixed by the Order may well be improved upon by means of collective bargaining or otherwise. In addition, the provision of penalties as required under Article 5 on which the Government has supplied no information, makes it possible to impose sanctions in case of violations of labour clauses in the public contracts which may be more directly effective than those applicable under general labour legislation.

The Committee recalls that previously the Government referred, for instance in its report submitted in 1972, to the Public Works Division Contract Agreement Forms R.163A, R.164A and 167A (1968 edition), which included clauses dealing with conditions of employment of labour in conformity with Article 2 of the Convention. It asks the Government to state if any equivalent forms are in use, and if so to supply a copy. If it is not the case, the Committee requests the Government to indicate any measures taken or contemplated to ensure the insertion of labour clauses as required under Article 2 in all public contracts covered by the Convention in terms of Article 1.

Application of the Convention in Zanzibar. Further to its previous direct request, the Committee requests the Government to supply information concerning the application of the Convention in Zanzibar.

[The Government is asked to report in detail in 2005.]