Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) - Nicaragua (Ratification: 1981)

Other comments on C144

Observation

Direct Request

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Article 5 of the Convention. Effective tripartite consultations. In response to the Committee’s previous comments, the Government indicates that it informed the social partners of the questionnaires on the issues included in the agenda of the International Labour Conference, the replies to the questionnaires under article 19 of the ILO Constitution and the reports on ratified Conventions under article 22 of the ILO Constitution. Regarding the latter, the Committee recalls that “the obligation to consult the representative organizations on the reports to be made concerning the application of ratified Conventions must be clearly distinguished from the obligation to communicate these reports under article 23, paragraph 2, of the Constitution. To fulfil their obligations under this provision of the Convention, it is not sufficient for governments to communicate to employers’ and workers’ organizations copies of the reports that they send to the Office. Consultation of the most representative employers’ and workers’ organizations implies the active participation of the organizations in the formulation and communication of their respective views. Any comments that these organizations may subsequently transmit to the Office on these reports cannot replace the consultations which have to be held during the preparation of the reports” (see the General Survey on tripartite consultation, 2000, paragraph 92). The Committee also notes the Government’s indication that, in 2014, the Protocol of 2014 to the Forced Labour Convention, 1930, and the Forced Labour (Supplementary Measures) Recommendation, 2014 (No. 203), were submitted to the National Assembly, and that the social partners were informed on 26 March 2015. The Committee draws the Government’s attention to the fact that “in order to be ‘effective’, consultations must take place before final decisions are taken, irrespective of the nature or form of the procedures adopted. … The effectiveness of consultations thus presupposes in practice that employers’ and workers’ representatives have all the necessary information far enough in advance to formulate their own opinions.” (see the General Survey on tripartite consultation, 2000, paragraph 31). The Committee requests the Government to continue to provide updated information indicating the specific content and outcomes of tripartite consultations held on any issues related to international labour standards covered by the Convention.