Observation (CEACR) - adoptée 2009, publiée 99ème session CIT (2010)

Article 5, paragraph 1, of the Convention. Tripartite consultations required by the Convention. The Government indicates in a report received in January 2009, that, once the National Labour Council has been set up, the Committee will be informed of any opinion formulated by that body on the consultations required by Article 5(1) of the Convention. The Committee recalls that, in its observation of 2006, it noted with interest that Act No. 547 of August 2005 had established the National Labour Council which would serve as a consultative body with a view to the application of Convention No. 144. The Committee understands that the National Labour Council has not yet been set up.

The Committee refers to the 2008 Declaration on Social Justice for a Fair Globalization which states that “social dialogue and the practice of tripartism between governments and the representative organizations of workers and employers within and across borders are now more relevant to achieving solutions and to building up social cohesion and the rule of law through, among other means, international labour standards”. The Committee therefore repeats its invitation to the Government to hold “effective consultations” on international labour standards as required by Convention No. 144, which is most significant from the viewpoint of governance. The Committee looks forward to examining detailed information on the consultations held on each of the matters covered by Article 5(1).

Article 5, paragraph 1(d). Transmission of draft reports. The Committee observes that in the reports received, the Government indicates that, in accordance with article 23, paragraph 2, of the ILO Constitution, copies of the reports have been transmitted to the social partners. The Committee recalls that the obligation to consult the representative organizations on the reports to be made concerning the application of ratified Conventions, under the terms of Article 5(1)(d), of the Convention, must be distinguished from the obligation to communicate reports under article 23, paragraph 2, of the ILO Constitution. The tripartite consultations required by the Convention have to be held during the process of preparing reports. Where consultations are held in writing, the Government should transmit a draft report to the representative organizations in order to gather their opinions before preparing its definitive report (paragraph 92 of the General Survey of 2000). The Committee requests the Government to provide information on the manner in which its practice has developed with regard to the consultations required when preparing draft reports on the application of ratified Conventions.