Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

Article 2 of the Convention. Insertion of labour clauses into public contracts. Further to its previous observation, the Committee notes the Government’s statement that the terms of the clauses to be inserted into public contracts have not yet been determined and that there still remains much to be done to bring the national law and practice into conformity with the requirements of the Convention.

The Committee regrets that the Government is still unable to report any tangible results in implementing the Convention, despite repeated reassurances given in the last two decades. In this connection, the Committee refers to paragraphs 176 and 177 of its General Survey of 2008 on labour clauses in public contracts, in which it noted that the Convention has a very simple structure, all its provisions being articulated around and directly linked to the core requirement of Article 2, paragraph 1, i.e. the insertion of labour clauses ensuring the most advantageous wages and other working conditions established locally to the workers concerned. The Committee also considered that the Convention proposes a clear, concrete and effective solution to the problem of how to ensure that workers’ rights remain protected. By aligning contract standards to the highest prevailing standards, by excluding the lowering of those standards through subcontracting, and by incorporating those principles into the standard clauses of each and every public contract falling within its scope, the Convention guarantees that public procurement is not a terrain for socially unhealthy competition and can never be associated with poor working and wage conditions. The Committee therefore urges the Government to take all necessary action without further delay to apply the Convention in law and practice, and recalls that it may also draw upon the Office’s technical assistance should it so wish. The Committee also repeats its previous requests concerning: (i) a copy of the draft new Labour Code which, according to the Government, provides for the insertion of labour clauses into public contracts; (ii) information on the revision of the public procurement legislation which is currently in progress with the assistance of the World Bank and the African Development Bank under the Emergency Management and Governance Reform Program (EMGRG); and (iii) the amendment of Decrees Nos 61/135 and 61/137 of 1961 on public contracts for the supply of goods and services – to the extent they are still in force – so as to include clauses similar to that of section 16(3) of Decree No. 61/136 as well as references to the appropriate collective agreements.

Finally, with a view to assisting the Government in its efforts to give effect to the Convention, the Committee attaches herewith a Practical Guide prepared by the Office and based principally on the findings of the abovementioned General Survey. It hopes that the Government will make good use of this guide and will take the necessary action in the very near future.