Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

1. Tripartite consultations required by the Convention. In reply to the observation of 2003, the Government indicates in a report received in September 2004 that it sent to the social partners a copy of the report as already prepared by the National Government, and of the comments made by the Committee of Experts, on the understanding that if the organizations made comments they would be annexed to the report immediately. The Committee recalls that it pointed out in previous comments that when consultations are carried out in writing the Government should transmit a draft report to the representative organizations to obtain their views before finalizing the report (Article 5, paragraph 1(d), of the Convention). The Committee also refers to the observation that it has been making for many years on compliance with the obligation to submit the instruments adopted by the Conference to the National Assembly (Article 5, paragraph 1(b)) and it would be grateful if the Government would provide updated information in its next report on the tripartite consultations held in practice on each of the items covered by the Convention (Articles 2 and 5).

2. Taking into account national circumstances, the Committee once again refers to the resolution concerning tripartism and social dialogue (adopted by the Conference at its 90th Session in 2002), which emphasizes that social dialogue and tripartism have proved to be valuable and democratic means to address social concerns, build consensus, help elaborate international labour standards and examine a wide range of labour issues on which the social partners play a direct, legitimate and irreplaceable role. In this respect, the Committee trusts that the Government will also provide information in its next report on the manner in which the "consultation policies" to which it refers in its last report include measures to ensure that the consultations required by Convention No. 144 are carried out with "representative organizations" enjoying the right of freedom of association (Article 1 of the Convention).