Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes the Government's report and the information which it contains in reply to its previous direct request. It requests the Government to provide detailed information in future reports on the manner in which effect is given to Article 5 of the Convention, not only with regard to questions arising out of reports to be made on the application of ratified Conventions (5(1)(d)), but also in relation to the other matters enumerated in paragraph 1. The Committee requests the Government to continue providing, as in its two last reports, copies of written communications between the Ministry of Labour and the representative organizations in order to enable it to assess the manner in which the Convention is applied in practice. In this respect, the Committee notes that the Government refers in its correspondence to its obligations under articles 22 and 23 of the Constitution of the ILO, as well as those deriving from the ratification of the Convention. The Committee wishes to draw its attention to the fact that a distinction has to be made between the obligation to consult the representative organizations on the reports to be provided on the application of ratified Conventions, under Article 5, paragraph 1(d), of the Convention, and the obligation to communicate reports under article 23, paragraph 2, of the Constitution, since the above consultations must be held during the process of the preparation of the reports. Where the consultations are held in written form, the Government should transmit a draft of the report to the representative organizations in order to obtain their opinions before finalizing the report.