Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

Article 5 of the Convention. The Committee notes the Government's report in reply to its previous comments. It notes in particular the information supplied to the effect that the tripartite consultation procedures, particularly those covered by the Advisory Labour Commission concern, the Government's reply to questionnaires on items on the agenda of the International Labour Conference; the re-examination, since 1993, of unratified Conventions; and matters relating to the first reports submitted to the ILO on ratified Conventions.

The Government also states that it fulfils the obligation to submit ILO instruments, in accordance with article 19 of the Constitution, and that the organizations of employers and workers are informed in accordance with article 23, paragraph 2, of the Constitution. The Committee recalls in this respect that Article 5, paragraph 1(b), of the Convention requires consultations on "the proposals to be made to the competent authority or authorities in connection with the submission of Conventions and Recommendations pursuant to article 19 of the Constitution". It notes that the provisions of this Convention go beyond the obligation of submission set out in article 19 of the Constitution and the obligation to transmit reports set out in article 23, paragraph 2, of the Constitution. As it emphasized in its 1982 General Survey (see paragraph 109), an exchange of views or information after the instruments have been submitted to the competent authority does not meet the purpose of the Convention.

The Committee requests the Government to supply detailed information in its next report, taking into account the above comments, on the consultations held on each of the matters set out in paragraph 1, including information on the frequency with which these consultations are held. It also requests the Government to specify the nature of any reports or recommendations issued as a result of these consultations.

Article 4. The Committee also requests the Government to indicate whether it envisages making "appropriate arrangements ... between the competent authority and the representative organizations" for the financing of any necessary training of participants in these consultations, particularly within the context of Decree No. 92-05 of 8 January 1992 which provides for the organization and operation of the Vocational Training Development Fund.

Part V of the report form. Please supply any other information bearing on the practical application of the Convention.