Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

Strengthening social dialogue. Support of the Office. The Committee notes the information provided by the Government in November 2010 indicating that it intends to prepare a bill to legislate the Tripartite Negotiating Forum (TNF). The Government reports on the TNF full meeting, held on 16 September 2010, during which its members were informed about the progress made to finalize the principles of the TNF legislation and to make the appropriate arrangements for an independent TNF secretariat. TNF members were also invited to note the adoption of the National Employment Policy by the Cabinet on 1 June 2010. Prospects for ratification of the Employment Policy Convention, 1964 (No. 122), will also be discussed in the TNF. The Government further reports that at a meeting on 16 October 2010, the social partners deliberated on the agreed upon priority areas of employment creation; social protection and HIV and AIDS at the workplace; social dialogue; and gender equality and women empowerment. The Committee welcomes this approach in achieving solutions and building up social cohesion and the rule of law through effective tripartite consultations. It therefore invites the Government to include in its next report further information on the progress made to institutionalize the Tripartite National Forum and its contribution to the tripartite consultations on international labour standards required under Convention No. 144, a Convention that is to be regarded as most significant from the viewpoint of governance.

Effective tripartite consultations. Referring to its previous comments, the Committee requests the Government to provide information on the operation of the procedures which ensure tripartite consultations in respect of each of the matters listed in Article 5(1) of the Convention. The Government is also requested to indicate the frequency of consultations held in this regard and to indicate the nature of any reports or recommendations made as a result thereof (Article 5(2) of the Convention).

Article 5(1)(d). Reports on ratified Conventions. In the comments forwarded to the Government in November 2009, the Zimbabwe Congress of Trade Unions (ZCTU) indicated that it did not receive a copy of the Government’s reports on ratified ILO Conventions and thus submitted its own comments without reference to the Government’s reports. The Committee again recalls that “the obligation to consult the representative organizations on the reports to be made concerning the application of ratified Conventions must be clearly distinguished from the obligation to communicate these reports under article 23(2) of the ILO Constitution. To fulfil their obligations under this provision of the Convention, it is not sufficient for governments to communicate to employers’ and workers’ organizations copies of the reports that they send to the Office, since any comments that these organizations may subsequently transmit to the Office on these reports cannot replace the consultations which have to be held during the preparation of the reports” (paragraph 92 of the 2000 General Survey on tripartite consultation, bearing in mind the discussion of “effective consultations” in paragraphs 29–31 of the General Survey). The Committee invites the Government to examine the measures to be undertaken to hold “effective consultations” on questions arising out of reports to be made to the ILO under article 22 of the ILO Constitution.