Observation (CEACR) - adoptée 1993, publiée 80ème session CIT (1993)

1. The Committee notes the information supplied by the Government in its report on the application of the Convention for the period 1990-92, received on 9 October 1992. It also notes the observations of the Trades Union Congress (TUC) in a communication dated 13 January 1993 addressed directly to the International Labour Office.

2. The TUC alleges, first, that the reports to be submitted to the ILO under article 22 of the ILO Constitution are sent to the TUC only after the Government has completed them and, sometimes, several weeks after they have been completed. On its reading of the Convention, the TUC considers that consultations on questions arising out of these reports are required before the reports are sent to the ILO. Referring more specifically to the application of ratified Conventions Nos. 87, 98 and 122, which prompted comments by the Committee of Experts, the TUC complains that the Government refused to discuss the Committee's conclusions and alleges that there were no effective consultations on the application of ratified Conventions. Lastly, referring to Convention No. 97, the TUC also alleges that there were no effective consultations on the proposals concerning the denunciation of ratified Conventions.

3. The provisions which are the subject of the TUC's observations are Article 2, paragraph 1, and Article 5, paragraph 1(d) and (e). On the basis of its General Survey of 1982, the Committee wishes to recall, firstly, the purpose of these provisions. According to Article 5, paragraph 1(d), of the Convention, consultations shall address questions that may arise out of reports to be made to the ILO concerning the application of ratified Conventions. In such cases, consultations concern first and foremost the content of the reply to the comments of the supervisory bodies. Article 5, paragraph 1(e), establishes the principle approved by the Governing Body in 1971, that whenever a denunciation is envisaged, before taking a decision the Government should consult the representative organizations of employers and workers on problems encountered and measures to be taken to resolve them.

4. With regard to the scope of the obligation to hold consultations, the Committee has pointed out, in particular in its General Survey referred to above, that the obligation to hold consultations must be fulfilled before the proposed measures are decided upon, if the procedure is not to be a mere formality. This is essential when it is apparent that either the employers or the trade unions may have views that differ from those held by the Government. As for the results of the consultations, although they are not binding on the Government, the latter is none the less obliged to ensure that tripartite consultations are effective, in accordance with Article 2, paragraph 1. For the Committee, "effective consultations" are consultations which enable employers' and workers' organizations to have a useful say in matters relating to the activities of the ILO referred to in Article 5, paragraph 1.

5. The Committee trusts that the Government will take the above comments into consideration and that it will conduct the required consultations, particularly on questions arising out of reports on ratified Conventions and proposals concerning the denunciation of Conventions, in keeping with the spirit and letter of the provisions of the Convention.