Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) - Saint Kitts and Nevis (Ratification: 2000)

Other comments on C144

Observation

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Article 5 of the Convention. Effective tripartite consultations. The Committee notes the Government’s indication that the frequency of the meetings of the National Tripartite Committee on Labour Standards (NTC) in 2021 was affected by national restrictions established in the context of the COVID-19 pandemic. The Government provides a copy of the agenda and the minutes of the NTC meeting held on 6 May 2021, which included discussions on the events and activities scheduled to take place during the 109th session of the Conference, as well as discussions on proposed amendments to the Protection of Employment Act. Moreover, the Government reports that the social partners were consulted with regard to the reports submitted to the ILO. The Committee notes, however, that the Government once again does not provide information on the tripartite consultations held on each of the remaining matters concerning international labour standards covered by Article 5(1) of the Convention. In this respect, the Committee recalls that the Convention requires the Government to hold effective tripartite consultations with the social partners on the specific matters established under Article 5(1)(a)–(e), related to the Organization’s standard-setting activities (2000 General Survey on tripartite consultations, paragraph 74). The Committee therefore reiterates its requests that the Government provide specific information on the content and outcome of the consultations held within the National Tripartite Committee on Labour Standards concerning matters covered by the Convention, including consultations on government replies to questionnaires concerning items on the agenda of the International Labour Conference and government comments on proposed texts to be discussed by the Conference, as for example the Convention No. 190 and Recommendation No. 206 on Violence and Harassment discussed by the ILC in 2018 and 2019 or the Recommendation on Quality Apprenticeships, 2023 (No.208) (Article 5(1)(a)); the proposals to be made to the National Assembly in connection with the submission of instruments adopted by the Conference which in the case of St-Kitts and Nevis represents a backlog in respect of the no less than 32 instruments adopted by the Conference at its 83rd, 85th, 86th, 88th-92nd, 95th, 96th, 99th-101st, 103rd, 104th, 106th, 108th and 111thSessions(Article 5(1)(b)); the re-examination of unratified Conventions and of Recommendations to which effect has not yet been given(Article 5(1)(c));reports to be made on the application of ratified Conventions (Article 5(1)(d)); and proposals for the possible denunciation of ratified Conventions (Article 5(1)(e)).

Article 5(1)(b). Prior tripartite consultations on proposals made to the National Assembly. The Committee welcomes the Government’s indication that the social partners were consulted in relation to the referral of the Violence and Harassment Convention (No. 190) and Recommendation (No. 206), 2019 to the Council of Ministers. However, the Committee recalls, as it did in its 2022 observation on submission to the competent authorities, that, to fully comply with the constitutional obligation of submission set out in article 19(5)(b) and (6)(b) of the ILO Constitution, the instruments should be submitted to the authorities “within whose competence the matter lies, for the enactment of legislation”, which should normally be the legislature (in the case of Saint Kitts and Nevis, the National Assembly). The Committee trusts that the Government and the social partners will examine the measures to be taken with a view to holding effective consultations on the proposals made to the National Assembly when submitting the 27 instruments adopted by the Conference between 1996 and 2017.