Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

Further to its previous comments, the Committee notes with regret that the Government has still not made any concrete progress in implementing the requirements of the Convention in either law or practice. The Government indicates that a new Labour Code making provision for the insertion of labour clauses in public contracts has been approved and will take effect once it is adopted by the national Parliament and enacted by the Head of State. However, the text of the new draft Labour Code has not been communicated and therefore the Committee is not in a position to evaluate the conformity of the announced new labour legislation with the terms of the Convention. The Committee therefore asks the Government to forward a copy of the draft Labour Code as it currently reads in order to enable the Committee to review and comment upon the relevant provisions referring to public contracts.

Moreover, the Committee understands that the Government has recently undertaken a review of its public procurement system and the drafting of a new public procurement code with the support and under the guidance of international financial institutions such as the World Bank, the International Monetary Fund and the African Development Bank. The Committee hopes that in pursuing the reform and modernization of its public procurement system, the Government will not fail to take into account the points raised by the Committee over the past 30 years and give full effect to the obligations arising out of the ratification of this Convention. The Committee requests the Government to keep it informed of the process of revision of the public procurement legislation and to transmit a copy of any relevant legal text as soon as it is adopted.

Finally, the Committee seizes this opportunity to refer to this year’s General Survey which contains an overview of public procurement practices and procedures in so far as labour conditions are concerned and makes a global assessment of the impact and present-day relevance of Convention No. 94.

[The Government is asked to reply in detail to the present comments in 2008.]