Solicitud directa (CEACR) - Adopción: 1998, Publicación: 87ª reunión CIT (1999)

The Committee takes note of the Government's report on the application of the Convention. The Government indicates that special efforts have been made to ensure effective consultations within the meaning of the Convention, in particular within the Labour Advisory Board, on the matters set out in Article 5, paragraph 1, of the Convention. The Government indicates as an example that reports for submission to the ILO are sent in their final version to the representative organizations for comment. In this regard, the Committee wishes to draw the Government's attention to the fact that the obligation to establish consultations in accordance with Article 5, paragraph 1(d), goes beyond the obligation to communicate reports under article 23, paragraph 2, of the ILO Constitution, since it refers to consultations on any question that may arise from reports on the application of ratified Conventions. Consequently, it is important to allow sufficient time for the representative organizations to make any comments they wish to make on the drafts of the reports, which, if necessary, can then be amended or made to incorporate those comments. Taking into account the information provided, the Government is requested to indicate in its next report the manner in which it ensures that effective consultations within the meaning of Article 2 of the Convention are undertaken not only on the matter set out in Article 5, paragraph 1(d), on reports to be presented to the ILO, but also on all the other matters enumerated in paragraph 1. Please provide detailed information on the consultations held on each of those matters and on their frequency. In this regard, the Committee considers it useful to provide the following indications in order to clarify, if needed, the scope of certain of the provisions referred to.

Article 2 of the Convention. The Committee recalls that under the present provisions the procedures used must ensure "effective" consultations. In its 1982 General Survey on tripartite consultation, the Committee indicated that effective consultations were those which enabled employers' and workers' organizations to comment usefully on the matters listed in Article 5, paragraph 1, that is to say, consultations capable of influencing the Government's decision (paragraph 44). These consultations must therefore take place before the Government takes any decision.

Article 5, paragraph 1(a). Items on the agenda of the Conference. The Committee emphasizes that these consultations should not only cover government replies to the questionnaires sent out with a view to a first discussion, but also the Government's comments on the draft texts developed by the Office to serve as a basis for the second discussion.

Article 5, paragraph 1(b). Submission to the competent authorities of Conventions and Recommendations. On this point, the Committee indicated in its 1982 General Survey that the Convention goes beyond the obligation of submission set out in article 19 of the Constitution of the ILO, by requesting governments to consult the representative organizations before finalizing the proposals made to the competent authority in relation to the Conventions and Recommendations, which have to be submitted to that authority. An exchange of views or information held after the submission to the competent authority would not therefore fulfil the objective of the Convention.

Article 5, paragraph 1(c). Re-examination of unratified Conventions and of Recommendations. The Committee considers it useful to emphasize the role of tripartite consultation in this respect to promote the implementation of international labour standards and it recalls that the precise objective of this provision is to enable governments to envisage, in view of changes in national law and practice, measures which could be taken to promote the ratification of a Convention or the application of a Recommendation, to which it had not been possible to give effect at the time of their submission to the competent authority.

Lastly, the Committee wishes to draw the Government's attention to the fact that certain subjects (replies to questionnaires, submissions to the competent authorities, reports to be presented to the ILO) require annual consultations, while others (re-examination of unratified Conventions and Recommendation) require less frequent examination.

In addition, the Committee notes that the Government is making efforts to promote the application of the Convention in Zanzibar. Reiterating the hope expressed in its previous comments, the Committee would be grateful if the Government would provide any information on progress made to that end.