Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes 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 2004 direct request, which read as follows:

1. Effective tripartite consultations. In response to the direct request of 2001, the Government indicates that consultations were held within the Labour Advisory Board, without the legislation being amended. The Committee trusts that the Government will take the necessary measures to extend the mandate of the Labour Advisory Board to include all the matters set out in Article 5, paragraph 1, and thus allow effective consultations within the meaning of Article 2 of the Convention.

2. Financing of training. The Committee notes that no arrangement has been made for the financing of any training necessary for persons participating in the consultative procedures, as required by Article 4, paragraph 2, of the Convention. It notes the request for assistance made by the Government in its report and requests it to contact the competent units of the Office to explore the relevant arrangements. Please keep the Committee informed of any progress made in the application of this provision of the Convention.

3. Tripartite consultations required by the Convention. The Government indicates that, until such time as the legislation is amended, the consultations on the matters set out in Article 5, paragraph 1, of the Convention take the form of the Government’s reports being sent to the social partners, who are requested to communicate their observations directly to the ILO. The Committee draws the Government’s attention to the fact that the obligation of consultation laid down in Article 5, paragraph 1(d), goes beyond the obligation to communicate the reports under article 23, paragraph 2, of the ILO Constitution, as it consists in this case of holding consultations on any problems which may arise out of such reports. Any information that the organizations of employers and workers may transmit to the Office cannot replace the consultations which have to be held during the preparation of the Government’s reports (paragraph 92 of the 2000 General Survey on tripartite consultation). The Committee therefore invites the Government to provide detailed 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 next report.

4. Operation of the consultative procedures. The Committee notes that no consultation took place with the representative organizations regarding the production of an annual report on the working of the procedures covered by the present Convention. It invites the Government to organize consultations with the representative organizations on this matter.