Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

1. Article 5, paragraph 1(b) and (c), of the Convention. Tripartite consultations required by the Convention. The Committee takes note of the Government’s report received in September 2007, in which the Government states that there have been no changes in the information sent in the previous report. In its direct request of 2006, the Committee welcomed the fact that the Instrument for the Amendment of the Constitution of the ILO, 1997, had been approved by the National Congress. Furthermore, Convention No. 169 was undergoing its second constitutional reading in the Senate with the procedure for its parliamentary approval pending. The Committee hopes that in its next report the Government will be able to provide other information on the prospects for ratification of the other Conventions referred to in previous reports (Conventions Nos 152, 160, 171 and 181). The Committee refers the Government to its observation on compliance with the obligation to submit the instruments adopted by the Conference to the National Congress and hopes that the Government will shortly provide information on the tripartite consultations required by the Convention in respect of the abovementioned constitutional obligation.

2. Effective tripartite consultations. The Committee notes the observations made by the National Union of Workers of Chile (UNT), received in June and August 2007. On 17 August 2007, the Office sent a copy of these observations to the Government. The UNT alleges systematic discrimination, complaining that it is excluded from the meetings convened in accordance with the Convention, particularly meetings to discuss ILO-related matters. The UNT wishes to be consulted in accordance with Articles 2, 3 and 5 of the Convention. The Committee notes that in its report the Government states that Chilean workers are organized in three central unions: the Single Central Organization of Chilean Workers (CUT), the Autonomous Central Union of Workers (CAT) and the UNT. The Committee invites the Government to send its comments on the UNT’s observations together with more detailed information on how Articles 1, 2 and 5 of the Convention are applied so as to ensure that the most representative organizations of workers participate fully in the tripartite consultations on international labour standards required by the Convention.

[The Government is asked to reply in detail to the present comments in 2008.]