Observation (CEACR) - adopted 1989, published 76th ILC session (1989)

The Committee has noted the comments presented by the Bharatiya Mazdoor Sangh relating to the application of the Convention. This organisation alleges that the Government has not convened since 1983 any meeting of the Tripartite Committee on Conventions, set up to hold consultations on matters of ratification or otherwise of the Conventions adopted by the International Labour Conference. It states that this constitutes a gross violation of the obligations under the ILO Constitution.

The Committee also notes the Government's reply to these allegations whereby the latter admits that the Tripartite Committee on Conventions has not met for a number of years, the main reason for that being that the subcommittee set up by the Tripartite Committee on Conventions in 1983, whose main task consists of selecting and examining unratified Conventions with a view to proposing their eventual ratification, has made certain recommendations with respect to a number of Conventions. The Government considered that these recommendations involved legislative changes and required detailed examination. It further considered that it would be better to convene the next meeting of the Tripartite Committee on Conventions when it was possible to report concrete results on the recommendations of the subcommittee. The Government further states that it has regularly consulted the central employers' and workers' organisations on all matters listed under Article 5, paragraph 1 (with the exception of item (e)). Considering that the process of consultation through correspondence meets the requirements of the Convention, the Government none the less states that a meeting of the Tripartite Committee on Conventions will be convened as soon as possible.

The Committee, noting the above explanations, requests the Government to supply with its next report on the application of the Convention full information on the consultations prescribed by the Convention. The Committee trusts the Government will soon be able to inform the Office of the resumption of the meetings of the Tripartite Committee.