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

Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) - South Africa (Ratification: 2003)

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The Committee notes the observations of the Business Unity South Africa (BUSA), received on 28 August 2023. The BUSA refers to the letter dated 14 July 2023 sent by the Government to the ILO Director General supporting the request of the Workers’ group to place an item on the agenda of the 349th Session of the Governing Body (October–November 2023) for urgent discussion and decision on a referral to the International Court of Justice for an advisory opinion concerning the interpretation of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) in relation to the right to strike. In this respect, the BUSA expresses its deep concern that the Government did not undertake effective consultations with the social partners on this important matter prior to sending its letter. The BUSA concludes that the Government failed to comply with the Convention and undermined its voice as the most representative employers’ organization and hindered tripartism in the country. The Committee requests the Government to respond to these observations in its next report.

Article 5 of the Convention. Effective tripartite consultations. The Committee notes the information provided by the Government’s report on the tripartite consultations held within the National Economic Development and Labour Council (NEDLAC) with regard to questionnaires on the Conference agenda items (Article 5(1)(a)), unratified Conventions and Recommendations to which effect has not yet been given (Article 5(1)(c)), and reports to be submitted to the ILO under article 22 of the ILO Constitution (Article 5(1)(d)). The Committee notes with interest the ratification of the Violence and Harassment Convention, 2019 (No. 190) on 29 November 2021, following tripartite consultations. The Government also reports that tripartite consultations were also held with regard to the possibility of ratifying the Employment Policy Convention, 1964 (No. 122). Lastly, the Committee notes that, according to the minutes of the meetings of the Decent Work Country Programme (DWCP) Steering Committee of the NEDLAC held on 31 March 2020 and 12 April 2021, tripartite consultations were also held on ILO related activities (paragraph 6 of the Tripartite Consultation (Activities of the International Labour Organization) Recommendation, 1976 (No. 152)), including the implementation update on the DWCP, the southern African Migration Management (SAMM) Project, the Social Solidarity Economic Policy project, the Apprenticeships development for universal lifelong learning and training (adult) global project, and several request to be submitted to the ILO for technical assistance. The Committee requests the Government to continue to provide information on the content and outcome of tripartite consultations held on matters concerning international labour standards covered by the Convention, particularly relating to the questionnaires on the Conference agenda items (Article 5(1)(a)); the submission of instruments adopted by the Conference to the National Assembly (Article 5(1)(b)); the re-examination at appropriate intervals of unratified Conventions and Recommendations to which effect has not yet been given (Article 5(1)(c)); questions arising out of reports to be presented on the application of ratified Conventions (Article 5(1)(d)); and the possible denunciation of ratified Conventions (Article 5(1)(e)).