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

1. Tripartite consultations required by the Convention. In its reply to the Committee’s 2001 direct request, the Government has merely indicated that no reports on the work of the National Advisory Committee on Labour (NACL) have been prepared since 2001 and that no consultations with the social partners have taken place in the last few years on the issues covered by the Convention. The Government nevertheless indicates that it is preparing reports in this regard and that the necessary consultations required by the Convention will be placed before the NACL in due course.

2. Effective tripartite consultations. The Committee requests the Government to provide details of the consultations held on the Government’s replies to questionnaires concerning items on the agenda of the Conference and the Government’s comments on proposed texts to be discussed by the Conference (Article 5, paragraph 1(a), of the Convention) and on denunciation of ratified Conventions (Article 5, paragraph 1(e)). In this regard, the Committee recalls that the ILO Governing Body has invited States parties to the Contracts of Employment (Indigenous Workers) Convention, 1939 (No. 64), and the Penal Sanctions (Indigenous Workers) Convention, 1939 (No. 65) - which Lesotho has ratified - to contemplate ratifying the Indigenous and Tribal Peoples Convention, 1989 (No. 169), and denouncing Conventions Nos. 64 and 65 at the same time. States parties to the Underground Work (Women) Convention, 1935 (No. 45), are invited to contemplate ratifying the Safety and Health in Mines Convention, 1995 (No. 176).

3. Operation of the consultative procedures. The Committee also requests the Government to provide particulars of any consultations that may have taken place with the representative organizations on the question of issuing an annual report "on the working of the procedures provided for in the Convention" (Article 6).