Observation (CEACR) - adoptée 2008, publiée 98ème session CIT (2009)

Article 5, paragraph 1, of the Convention. Tripartite consultations required under the Convention. The Committee notes the information supplied by the Government in May 2008 in response to the Committee’s previous comments. The Government indicates that while the Labour Advisory Board was not active for the purposes of the Convention, written communications were effected through the representative organizations of employers and workers. The Government also advises that draft reports under articles 19 and 22 of the ILO Constitution were forwarded to the respective workers’ and employers’ organizations for their comments. The Committee therefore asks the Government to provide a report containing particulars of the consultations held on each of the matters required under Article 5 of the Convention, including information on the nature of any reports or recommendations made as a result of such consultations. The Committee recalls that certain matters covered by the Convention (e.g. replies to questionnaires, submissions to Parliament, reports to be made to the ILO) necessitate annual tripartite consultations, while others (e.g. re-examination of unratified Conventions and Recommendations, proposals for the denunciation of ratified Conventions) involve less frequent examination:

(a)   Items on the agenda of the Conference. Under the terms of this provision, the Government is bound to consult the representative organizations of employers and workers before finalizing the text of its replies to ILO questionnaires.

(b)   Submission to the National Assembly of the instruments adopted by the Conference. Convention No. 144 calls upon the Government to consult the representative organizations before finalizing the proposals to be made to Parliament when submitting instruments adopted by the Conference, as per article 19 of the ILO Constitution. The Committee refers to its observations on the fulfilment of this constitutional obligation and asks the Government to supply information on the submission of the pending instruments adopted by the Conference in October 1996, and the other 17 sessions held between 1990 and 2007 to the National Assembly.

(c)   Re-examination of unratified Conventions and of Recommendations. Tripartite consultations in this regard are intended to promote the implementation of international labour standards by enabling the Government to envisage measures which could be taken to facilitate the ratification of a Convention or the application of a Recommendation, in the light of changes in national law and practice.

(d)   Reports on ratified Conventions. This provision goes further than the obligation set out in article 23, paragraph 2, of the ILO Constitution to communicate reports to the representative organizations. Convention No. 144 thus provides for consultations to be held on the problems which may arise in preparing the reports due under article 22 of the ILO Constitution on the application of ratified Conventions; in general, these consultations concern the substance of replies to the comments of the supervisory bodies.

(e)   Proposals for the denunciation of ratified Conventions. Under the terms of this provision, the Government is bound to consult the representative organizations whenever it considers denouncing a ratified Convention.

Article 4, paragraph 2. Training. The Committee takes note of the Government’s statement indicating that, if required, it would be prepared to finance training initiatives because the Ministry of Labour has provision within its annual budget for training activities and workshops. The Committee asks the Government to include information on any initiative taken for the organization of training for the participants in the consultative procedure, with a view to supporting the operationalization and functioning of the Labour Advisory Board.