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Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) - Aruba

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Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Previous comment

Article 5 of the Convention. Effective tripartite consultations. The Committee welcomes the Government’s response to its previous comments, initially made in 2015, in which it requested information on the content and outcome of tripartite consultations held on the matters concerning international labour standards covered by the Convention. The Government reports on the topics placed on the agenda for tripartite consultations held during the reporting period. These included: the possible application of the Equal Remuneration Convention, 1951 (No. 100), the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187), the Work in Fishing Convention, 2007 (No. 188), the Domestic Workers Convention, 2011 (No. 189), the Protocol of 1995 to the Labour Inspection Convention, 1947, and the Protocol of 2014 to the Forced Labour Convention, 1930. Tripartite consultations were also held regarding compliance with the provisions of the Labour Clauses (Public Contracts) Convention, 1949 (No. 94), the possible denunciation of the Sickness Insurance (Agriculture) Convention, 1927 (No. 25) and the Certification of Able Seamen Convention, 1946 (No. 74). The topics on the agenda for tripartite consultations also included the examination of the ILOSTAT Questionnaire (2015–17), the annual tripartite participation in the International Labour Conference and the ILO reporting schedule for 2018, 2019 and 2020. The Government does not, however, provide information on the outcome, if any, of the tripartite consultations held. The Committee therefore requests the Government to provide detailed, up-to-date information on the content, frequency and outcome of tripartite consultations held on all matters related to international labour standards covered by the Convention.

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee notes with concern that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 5 of the Convention. Effective tripartite consultations. The Government lists in its report the topics that were discussed in tripartite meetings during the reporting period, including the possible application of the Work in Fishing Convention, 2007 (No. 188), the Protocol of 1995 to the Labour Inspection Convention, 1947, and the Protocol of 2014 to the Forced Labour Convention, 1930. The Committee previously noted that consultations were held on the possible application of the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187), and the Domestic Workers Convention, 2011 (No. 189). It notes in this regard from the report that consultations are still ongoing with regard to these two Conventions. The Committee requests the Government to continue to provide information on the content and outcome of the tripartite consultations held on the matters concerning international labour standards covered by the Convention.

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes with concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 5 of the Convention. Effective tripartite consultations. The Government lists in its report the topics that were discussed in tripartite meetings during the reporting period, including the possible application of the Work in Fishing Convention, 2007 (No. 188), the Protocol of 1995 to the Labour Inspection Convention, 1947, and the Protocol of 2014 to the Forced Labour Convention, 1930. The Committee previously noted that consultations were held on the possible application of the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187), and the Domestic Workers Convention, 2011 (No. 189). It notes in this regard from the report that consultations are still ongoing with regard to these two Conventions. The Committee requests the Government to continue to provide information on the content and outcome of the tripartite consultations held on the matters concerning international labour standards covered by the Convention.

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments initially made in 2015.

Repetition

Article 5 of the Convention. Effective tripartite consultations. The Government lists in its report the topics that were discussed in tripartite meetings during the reporting period, including the possible application of the Work in Fishing Convention, 2007 (No. 188), the Protocol of 1995 to the Labour Inspection Convention, 1947, and the Protocol of 2014 to the Forced Labour Convention, 1930. The Committee previously noted that consultations were held on the possible application of the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187), and the Domestic Workers Convention, 2011 (No. 189). It notes in this regard from the report that consultations are still ongoing with regard to these two Conventions. The Committee requests the Government to continue to provide information on the content and outcome of the tripartite consultations held on the matters concerning international labour standards covered by the Convention.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Article 5 of the Convention. Effective tripartite consultations. The Government lists in its report the topics that were discussed in tripartite meetings during the reporting period, including the possible application of the Work in Fishing Convention, 2007 (No. 188), the Protocol of 1995 to the Labour Inspection Convention, 1947, and the Protocol of 2014 to the Forced Labour Convention, 1930. The Committee previously noted that consultations were held on the possible application of the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187), and the Domestic Workers Convention, 2011 (No. 189). It notes in this regard from the report that consultations are still ongoing with regard to these two Conventions. The Committee requests the Government to continue to provide information on the content and outcome of the tripartite consultations held on the matters concerning international labour standards covered by the Convention.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Tripartite consultations required by the Convention. The Committee notes the Government’s report received in November 2012 in reply to its 2011 direct request. The Government indicates that consultations were held with regard to several Conventions. During the period June 2010 through May 2012, the Tripartite Committee For International Affairs (OCIA) held consultations on topics, which included the possible application of the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187), and the Domestic Workers Convention, 2011 (No. 189). The Government reports that the cancellation of OCIA meetings due to a lack of quorum continues to be a challenge, despite the existence of a previously approved annual schedule of meetings by all members of the OCIA. The Committee invites the Government to continue to give particulars on the effective tripartite consultations held, during the period covered by the next report, on each of the matters concerning international labour standards listed in Article 5(1) of the Convention.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes the Government’s report received in October 2011 in reply to its 2009 direct request. The Government indicates that consultations were held with regard to several Conventions. During the period June 2007 through May 2010, the Tripartite Committee For International Affairs (OCIA) held consultations on four occasions. In January 2010, the Government called an urgent meeting to discuss the methods that should be applied to promote effective tripartite consultations and the OCIA decided to hold meetings on a regular basis. The Committee invites the Government to provide information in its next report on the measures taken to strengthen tripartite consultations covered by the Convention. It hopes that the next report will contain further information on the tripartite consultations held on all matters related to international labour standards set out in Article 5(1) of the Convention.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Strengthening social dialogue. The Committee notes the reply provided in December 2008 to its 2006 observation in which the Government indicates that Aruba is making efforts to develop effective tripartite consultations. The Tripartite Committee for International Affairs (OCIA) schedules up to four consultations annually, reserving the right to call extra meetings if the need arises. This measure was taken in order to achieve a structured method of consultation and active participation in scheduled meetings. The Committee hopes that the next report will contain further information on the tripartite consultations held on all the matters related to international labour standards set out in Article 5(1) of the Convention.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

Strengthening social dialogue. In reply to its previous observations, the Committee notes the Government’s report on the application of the Convention in Aruba received in May 2006. It notes with interest that, by a Decree of 12 August 2003, a tripartite committee for international labour affairs has been established. It notes that ten meetings were held during the period September 2003-May 2005, but only one of the three employers’ representatives was able to attend the meetings. The Committee understands that the social partners have not reached consensus on the schedule of the meetings of the tripartite committee. It trusts that the Government and the social partners will examine the manner in which the Convention is applied in order to reinforce social dialogue in Aruba and that the Government’s next report will contain indications on any measures taken to develop effective tripartite consultation in Aruba within the meaning of the Convention on all matters related to international labour standards set out in Article 5, paragraph 1, of the Convention.

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

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its 2003 observation which read as follows:

In the report supplied by the Government of Aruba, received in November 2002, it noted the strong regret of the Committee with regard to denouncing the Labour Inspection (Agriculture) Convention, 1969 (No. 129), and the Rural Workers’ Organisations Convention, 1975 (No. 141), without prior consultation with the employers’ and workers’ organizations. The Government states that it has taken due account of the Committee’s comments. It also indicates that the ILO Matters Tripartite Committee is momentarily non-active as it only convened for the purpose of the Government’s reporting obligations for the past reporting period. The Government will make additional efforts to formalize such consultation by means of a state decree and encourage regular and continuous consultations. The Government also indicates that the Tripartite Committee has too many members, which made it difficult for effective consultation meetings. The Committee refers to its 2003 observation on the Continuity of Employment (Seafarers) Convention, 1976 (No. 145), and recalls again that proposals regarding the denunciation of ratified Conventions must, under Article 5, paragraph 1(e), of the Convention, be subject to consultations and that under Article 2, paragraph 1, the procedures must ensure “effective” consultations, that is, consultations able to influence the decision by the Government. The Committee hopes that the Government will regularly supply particulars of the consultations held on each of matters set out in Article 5, paragraph 1, of the Convention, including information on the frequency of such consultations and the nature of any reports or recommendations made as a result of the consultations. Please also provide information on any revision implemented to ensure the effectiveness of the tripartite consultations on each of the matters covered by the Convention.

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

In the report supplied by the Government of Aruba, received in November 2002, it noted the strong regret of the Committee with regard to denouncing the Labour Inspection (Agriculture) Convention, 1969 (No. 129), and the Rural Workers’ Organisations Convention, 1975 (No. 141), without prior consultation with the employers’ and workers’ organizations. The Government states that it has taken due account of the Committee’s comments. It also indicates that the ILO Matters Tripartite Committee is momentarily non-active as it only convened for the purpose of the Government’s reporting obligations for the past reporting period. The Government will make additional efforts to formalize such consultation by means of a state decree and encourage regular and continuous consultations. The Government also indicates that the Tripartite Committee has too many members, which made it difficult for effective consultation meetings. The Committee refers to its 2003 observation on the Continuity of Employment (Seafarers) Convention, 1976 (No. 145), and recalls again that proposals regarding the denunciation of ratified Conventions must, under Article 5, paragraph 1(e), of the Convention, be subject to consultations and that under Article 2, paragraph 1, the procedures must ensure "effective" consultations, that is, consultations able to influence the decision by the Government. The Committee hopes that the Government will regularly supply particulars of the consultations held on each of matters set out in Article 5, paragraph 1, of the Convention, including information on the frequency of such consultations and the nature of any reports or recommendations made as a result of the consultations. Please also provide information on any revision implemented to ensure the effectiveness of the tripartite consultations on each of the matters covered by the Convention.

Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

In the report supplied by the Government of Aruba, received in November 2002, it noted the strong regret of the Committee with regard to denouncing the Labour Inspection (Agriculture) Convention, 1969 (No. 129), and the Rural Workers’ Organisation Convention, 1975 (No. 141) without prior consultation with the employers’ and workers’ organizations. The Government states that it has taken due account of the Committee’s comments. It also indicates that the ILO Matters Tripartite Committee is momentarily non-active as it only convened for the purpose of the Government’s reporting obligations for the past reporting period. The Government will make additional efforts to formalize such consultation by means of a state decree and encourage regular and continuous consultations. The Government also indicates that the Tripartite Committee has too many members, which made it difficult for effective consultation meetings. The Committee refers to its 2003 observation on the Continuity of Employment (Seafarers) Convention, 1976 (No. 145), and recalls again that proposals regarding the denunciation of ratified Conventions must, under Article 5, paragraph 1(e), of the Convention, be subject to consultations and that under Article 2, paragraph 1, the procedures must ensure "effective" consultations, that is, consultations able to influence the decision by the Government. The Committee hopes that the Government will regularly supply particulars of the consultations held on each of matters set out in Article 5, paragraph 1, of the Convention, including information on the frequency of such consultations and the nature of any reports or recommendations made as a result of the consultations. Please also provide information on any revision implemented to ensure the effectiveness of the tripartite consultations on each of the matters covered by the Convention.

Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes with regret that the Government’s report has not been received.

The Committee takes note of the denunciation, recorded on 19 June 2002, of the acceptance of the obligations of the Labour Inspection (Agriculture) Convention, 1969 (No. 129), on behalf of Aruba. As the Committee already recalled in its observation of 1999, proposals regarding the denunciation of ratified Conventions must, under Article 5, paragraph 1(e), of the Convention, be subject to consultations and that under Article 2, paragraph 1, the procedures must ensure "effective" consultations, that is, consultations able to influence the decision by the Government. In its General Survey on tripartite consultation the Committee pointed out that, to be effective, consultations must be held prior to the Government’s final decision (paragraph 31). The Committee expressed regret that the representative workers’ organizations were able to voice their reservations regarding denunciation of the acceptance of the obligations of Convention No. 129 on Aruba’s behalf only by submitting observations on the Government’s report on the application of the Convention transmitted to them by the Government pursuant to articles 23, paragraph 2, and 35, paragraph 6, of the ILO Constitution. The Committee trusts that the Government will take due account of its comments so as ensure that, in future, the items listed in Article 5, paragraph 1, of the Convention are subject to effective consultations, in particular within Aruba’s tripartite committee on matters regarding ILO activities. Lastly, the Committee asks the Government to provide in its next report all the information required by the report form under Articles 5 and 6 and Parts V and VI.

Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

The Committee notes the Government’s report and the information supplied in reply to its previous observation. It notes in particular that the reorganization of the Labour Department is not yet complete. The Government also indicates, without giving further details, that the ILO Matters Tripartite Committee in Aruba met again in March 1999, having interrupted its work in 1998. It also states that the 1996 decision of the Netherlands to request denunciation of Conventions Nos. 129 and 141 for Aruba was not taken in consultation with employers’ and workers’ representative organizations, since the Tripartite Committee mentioned above was not active at that time. The Committee wishes to recall, in this respect, that proposals regarding the denunciation of ratified Conventions must, under Article 5, paragraph 1(e), of the Convention, be subject to consultations, and that under Article 2, paragraph 1, the procedures must ensure "effective" consultations. In its 1982 General Survey on tripartite consultation, the Committee specified that effective consultations were consultations which enabled employers’ and workers’ organizations to have a useful say in the questions set out in Article 5, paragraph 1, that is, consultations which may influence the decisions taken by the Government (paragraph 44). In its most recent General Survey on tripartite consultation the Committee has again indicated that in order to be effective the consultations must take place prior to the decisions by the Government (paragraph 31). Having noted the Government’s report on the application of Convention No. 129, the Committee strongly regrets that the workers’ representative organizations were only able to voice their reservations regarding denunciation of the acceptance of the Convention’s obligations on behalf of Aruba by submitting observations on the report on the application of the Convention which was transmitted to them by the Government in application of articles 23, paragraph 2, and 35, paragraph 6, of the ILO Constitution.

The Committee trusts that the Government will take due account of its comments, so as to ensure that, in future, the questions regarding ILO activities under Article 5, paragraph 1, of the Convention, are subject to effective consultations, in particular within the abovementioned Tripartite Committee, and that it will supply all the information requested in the report form under Articles 5 and 6 and also Parts V and VI.

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

The Committee notes the Government's report and the information supplied in reply to its previous observation. It notes in particular that the reorganization of the Labour Department is not yet complete. The Government also indicates, without giving further details, that the ILO Matters Tripartite Committee in Aruba met again in March 1999, having interrupted its work in 1998. It also states that the 1996 decision of the Netherlands to request denunciation of Conventions Nos. 129 and 141 for Aruba was not taken in consultation with employers' and workers' representative organizations, since the Tripartite Committee mentioned above was not active at that time. The Committee wishes to recall, in this respect, that proposals regarding the denunciation of ratified Conventions must, under Article 5, paragraph 1(e), of the Convention, be subject to consultations, and that under Article 2, paragraph 1, the procedures must ensure "effective" consultations. In its 1982 General Survey on tripartite consultation, the Committee specified that effective consultations were consultations which enabled employers' and workers' organizations to have a useful say in the questions set out in Article 5, paragraph 1, that is, consultations which may influence the decisions taken by the Government (paragraph 44). In its most recent General Survey on tripartite consultation the Committee has again indicated that in order to be effective the consultations must take place prior to the decisions by the Government (paragraph 31). Having noted the Government's report on the application of Convention No. 129, the Committee strongly regrets that the workers' representative organizations were only able to voice their reservations regarding denunciation of the acceptance of the Convention's obligations on behalf of Aruba by submitting observations on the report on the application of the Convention which was transmitted to them by the Government in application of articles 23, paragraph 2, and 35, paragraph 6, of the ILO Constitution.

The Committee trusts that the Government will take due account of its comments, so as to ensure that, in future, the questions regarding ILO activities under Article 5, paragraph 1, of the Convention, are subject to effective consultations, in particular within the abovementioned Tripartite Committee, and that it will supply all the information requested in the report form under Articles 5 and 6 and also Parts V and VI.

Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes the Government's report and the information supplied in reply to its previous observation. It notes that the reorganization of the Department of Labour should be completed by the end of 1997. It also notes that the ILO Matters Tripartite Committee, instituted in 1991, met several times in 1995 and the first quarter of 1997 to discuss matters including those set out in Article 5, paragraph 1, of the Convention. The Committee hopes that in future such consultations will be held on all the matters set out in this Article and that the Government will not fail to mention them in its future reports. In this respect, the Committee has been informed of the declarations by the Netherlands that ILO Conventions Nos. 129 and 141 cease to be applicable to Aruba. It requests the Government to indicate whether the representative organizations of employers and workers were consulted on these denunciations and whether discussions were held on this matter in the Tripartite Committee. If so, please supply complete information on these consultations.

The Committee notes the Government's desire to produce an annual report on the operation of the procedures set out in the Convention and requests it to indicate whether the representative organizations have been consulted in accordance with Article 6. It hopes that such a report will be produced shortly and requests the Government to send a copy of it to the ILO.

Observation (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 5 of the Convention. The Committee notes from the brief information supplied by the Government that it has not yet been possible to implement any of the tripartite consultation procedures due to the current reorganization of the Department of Labour. It hopes that the Government will be in a position in the near future to hold the consultations provided for by the Convention on all the points mentioned in paragraph 1 and that the next report will reflect such progress. It also recalls that, in accordance with paragraph 2 of this Article, the consultations shall be undertaken at appropriate intervals, "but at least once a year".

Articles 4 and 6. The Committee also notes the Government's statement that it assumes responsibility as the competent authority for the administrative support of the procedures provided for in Article 4. It would be grateful if the Government would supply in due course the information required on the appropriate arrangements for the financing of any necessary training of participants (paragraph 2), and on the preparation of an annual report on the working of the procedures.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes with regret that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

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

The Committee notes the Government's report in reply to its previous direct request.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes the first report of the Government, which covers the period 1 July 1988 to 30 June 1990. In this connection, the Committee would like to request further particulars on the following Articles of the Convention:

Article 4 of the Convention. The Committee would request the Government to indicate whether the competent authority, as designated in the Ministerial Decree, assumes responsibility for the administrative support of the procedures provided for in the Convention. The Committee also would request the Government to indicate whether the question of appropriate arrangements for the financing of any necessary training of participants has been raised.

Article 5 of the Convention. The Committee would request the Government to indicate whether, in consultations held to date, any or all of the points cited under this provision of the Convention have been covered. The Committee also would request the Government, in its forthcoming report, to report on the nature of any reports or recommendations made as a result of the consultations held on matters set out in paragraph 1. Finally, the Committee would like to know whether consultations undertaken in accordance with the Convention are and will be carried out at appropriate intervals fixed by agreement between representatives of the Government and of employers' and workers' organizations, and at least once a year.

Article 6 of the Convention. The Committee requests the Government to indicate in its forthcoming report whether it has been decided to produce an annual report on the procedures provided for in this Convention. If such a report is produced, the Committee would request that a copy of it be joined to the forthcoming Government report on the application of the Convention.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes the first report of the Government which covers the period 1 July 1988 to 30 June 1990. In this connection, the Committee would like to request further particulars on the following Articles of the Convention:

Article 6 of the Convention. The Committee would request that the Government, in its forthcoming report, indicate whether it has been decided to produce an annual report on the procedures provided for in this Convention. If such a report be produced, the Committee would request that a copy of it be joined to the forthcoming Government report on the application of the Convention.