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Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

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Article 5 of the Convention. Effective tripartite consultations. The Committee notes the Government’s indication that the frequency of the meetings of the National Tripartite Committee on Labour Standards (NTC) in 2021 was affected by national restrictions established in the context of the COVID-19 pandemic. The Government provides a copy of the agenda and the minutes of the NTC meeting held on 6 May 2021, which included discussions on the events and activities scheduled to take place during the 109th session of the Conference, as well as discussions on proposed amendments to the Protection of Employment Act. Moreover, the Government reports that the social partners were consulted with regard to the reports submitted to the ILO. The Committee notes, however, that the Government once again does not provide information on the tripartite consultations held on each of the remaining matters concerning international labour standards covered by Article 5(1) of the Convention. In this respect, the Committee recalls that the Convention requires the Government to hold effective tripartite consultations with the social partners on the specific matters established under Article 5(1)(a)–(e), related to the Organization’s standard-setting activities (2000 General Survey on tripartite consultations, paragraph 74). The Committee therefore reiterates its requests that the Government provide specific information on the content and outcome of the consultations held within the National Tripartite Committee on Labour Standards concerning matters covered by the Convention, including consultations on government replies to questionnaires concerning items on the agenda of the International Labour Conference and government comments on proposed texts to be discussed by the Conference, as for example the Convention No. 190 and Recommendation No. 206 on Violence and Harassment discussed by the ILC in 2018 and 2019 or the Recommendation on Quality Apprenticeships, 2023 (No.208) (Article 5(1)(a)); the proposals to be made to the National Assembly in connection with the submission of instruments adopted by the Conference which in the case of St-Kitts and Nevis represents a backlog in respect of the no less than 32 instruments adopted by the Conference at its 83rd, 85th, 86th, 88th-92nd, 95th, 96th, 99th-101st, 103rd, 104th, 106th, 108th and 111thSessions(Article 5(1)(b)); the re-examination of unratified Conventions and of Recommendations to which effect has not yet been given(Article 5(1)(c));reports to be made on the application of ratified Conventions (Article 5(1)(d)); and proposals for the possible denunciation of ratified Conventions (Article 5(1)(e)).
Article 5(1)(b). Prior tripartite consultations on proposals made to the National Assembly. The Committee welcomes the Government’s indication that the social partners were consulted in relation to the referral of the Violence and Harassment Convention (No. 190) and Recommendation (No. 206), 2019 to the Council of Ministers. However, the Committee recalls, as it did in its 2022 observation on submission to the competent authorities, that, to fully comply with the constitutional obligation of submission set out in article 19(5)(b) and (6)(b) of the ILO Constitution, the instruments should be submitted to the authorities “within whose competence the matter lies, for the enactment of legislation”, which should normally be the legislature (in the case of Saint Kitts and Nevis, the National Assembly). The Committee trusts that the Government and the social partners will examine the measures to be taken with a view to holding effective consultations on the proposals made to the National Assembly when submitting the 27 instruments adopted by the Conference between 1996 and 2017.

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

Articles 2 and 5 of the Convention. Effective tripartite consultations. The Government indicates that the principle of social dialogue is still relatively new and that its general acceptance and practice is being pursued. The Committee notes the Government’s indication that the National Tripartite Committee on Labour Standards (NTC-LS) was institutionalized in July 2013 and that the members of the NTC-LS were to receive their instruments of appointment in September 2017. The NTC-LS is composed of 12 members: six Government representatives; three workers’ representatives; and three employers’ representatives. The Government expresses regret that the discussions within the NTC-LS have to date focused on the draft Labour Code rather than on the ratification of new international labour standards, but indicates that with the newly appointed NTC-LS, international labour standards will be tabled for discussion. The Committee once again stresses the importance of holding effective tripartite consultations on international labour standards as required by the Convention. The Committee reiterates its request that the Government provide specific information on the content and outcome of the consultations held within the National Tripartite Committee on Labour Standards concerning all matters covered by Article 5(1)(a) through (e) of the Convention: consultations on government replies to questionnaires concerning items on the agenda of the International Labour Conference and government comments on proposed texts to be discussed by the Conference; the proposals to be made to the National Assembly in connection with the submission of instruments adopted by the Conference; the re-examination of unratified Conventions and of Recommendations to which effect has not yet been given; questions arising out of reports to be made to the ILO under Article 22 of the ILO Constitution; and proposals for the denunciation of ratified Conventions. The Committee further requests the Government to provide examples of any reports or recommendations made as a result of the consultations held under the established procedures.

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

Article 5 of the Convention. Effective tripartite consultations. In reply to the previous comments, the Government indicates in its report that the National Tripartite Committee on Labour Standards was officially institutionalized in July 2013. The Government adds that the National Tripartite Committee met a total of 30 times over the past three years mainly to consult on the draft Labour Code. The Committee notes from the report that discussions within the National Tripartite Committee have also included questions arising out of reports to be made under article 22 of the ILO Constitution (Article 5(1)(d) of the Convention) and the attendance at the 104th Session (June 2015) of the International Labour Conference. The Committee requests the Government to provide specific information on the content and outcome of the consultations held within the National Tripartite Committee on Labour Standards concerning matters covered by the Convention, including consultations on government replies to questionnaires concerning items on the agenda of the International Labour Conference and government comments on proposed texts to be discussed by the Conference; the proposals to be made to the National Assembly in connection with the submission of instruments adopted by the Conference; and the re-examination of unratified Conventions and of Recommendations to which effect has not yet been given.

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

Tripartite consultations required under the Convention. In reply to the 2010 observation, the Government states in its report received in September 2011 that it regrets not having any specific information on the tripartite consultations held regarding questionnaires concerning items on the agenda of the 100th Session of the Conference (June 2011). The Government also states that many of the tripartite meetings during the 2009–10 period focused on the necessary steps for formulating a Labour Code. The Committee notes that the ILO subregional team assisted the Government in drafting a Labour Code. In May 2011, the National Tripartite Committee met to discuss the HIV component of the Decent Work Country Programme with the participation of ILO team specialists. The Committee reiterates the importance of holding tripartite consultations on international labour standards as required by the Convention. It asks the Government to provide in its next report the information on the tripartite consultations held on questionnaires concerning items of the agenda of the Conference and on the preparation of reports on the application of ratified Conventions (Article 5(1)(a) and (d)). The Committee also invites the Government to include information on the tripartite consultations held, especially within the National Tripartite Committee on International Labour Standards. It further requests the Government to provide examples of any reports or recommendations made as a result of the consultations held under the established procedures.

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

Tripartite consultations required under the Convention. The Committee notes the Government’s reports received in November 2009 and October 2010. It notes the Government’s information indicating that the National Tripartite Committee on International Standards was previously expected to be institutionalized by the end of 2009 but is now expected to be institutionalized by the end of 2010. The Government reports that it and the social partners participated in a two-day session in May 2010 on the Decent Work Country Programmes, at which strengthening tripartism and social dialogue was discussed. It further indicates that the Department of Labour has submitted the instruments adopted at various sessions of the Conference to the tripartite members and to the Ministry of Labour (Article 5(1)(b) of the Convention). The Committee invites the Government to supply further information on the tripartite consultations held, especially within the National Tripartite Committee on International Labour Standards, on the matters regarding international labour standards covered by the Convention. It further requests the Government to provide examples of any reports or recommendations made as a result of the consultations held under the established procedures. The Committee requests specific information on the tripartite consultations held on questionnaires concerning items of the agenda of the Conference and on the preparation of reports on the application of ratified Conventions (Article 5(1)(a) and (d)).

[The Government is asked to reply in detail to the present comments in 2011.]

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

Effective tripartite consultations. The Committee notes with regret that the Government has not submitted a report since November 2004. It recalls that, in its first report on the application of the Convention, the Government indicated that the principle of social dialogue was still relatively new and its general acceptance and practice was being pursued. The Committee again invites the Government to provide information on the activities of the National Tripartite Committee for International Labour Standards established to address the matters regarding the ILO.

Tripartite consultations required under the Convention. The Committee also noted that feedback from the social partners had not been received regarding the items on the agenda of the Conference. It noted that the social partners were consulted before proposals were submitted to the competent authority. The Committee refers to its observation on the obligation to submit the instruments adopted by the Conference to the National Assembly, and recalls that the Government has not provided information on the submission of the instruments adopted by the Conference at the 11 sessions held between 1996 and 2007. It asks the Government to supply information in its next report on the tripartite consultations held on each of the matters set out in Article 5, paragraph 1, of the Convention, including information as to the frequency of these consultations, and providing examples of any reports or recommendations made as a result of the consultations held under the established procedures.

[The Government is asked to reply in detail to the present comments in 2009.]

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

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 2005 direct request, which read as follows:

1. Effective tripartite consultations. The Committee notes the Government’s first report on the application of the Convention received in November 2004. It notes that the principle of social dialogue is still relatively new and its general acceptance and practice is being pursued. The Government further states that the social partners appreciate the value of consultation as evidenced by the successful consultation held leading up to the ratification of the fundamental Conventions. The Committee invites the Government to continue to provide information on the activities of the National Tripartite Committee for International Labour Standards established to address the matters regarding the ILO.

2. Tripartite consultations required under the terms of the Convention. The Committee notes that feedback from the social partners was not received regarding the items on the agenda of the Conference. It further notes that the social partners are consulted before proposals are submitted to the competent authority. It refers to its observation on the obligation to submit to the National Assembly the instruments adopted by the Conference since 1996. It asks the Government to supply in its next report a list of the consultations held on each of the matters set out in Article 5, paragraph 1, of the Convention, including information as to the frequency of these consultations, and providing examples of any reports or recommendations made as a result of the consultations held under the established procedures.

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

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 2005 direct request, which read as follows:

1. Effective tripartite consultations. The Committee notes the Government’s first report on the application of the Convention received in November 2004. It notes that the principle of social dialogue is still relatively new and its general acceptance and practice is being pursued. The Government further states that the social partners appreciate the value of consultation as evidenced by the successful consultation held leading up to the ratification of the fundamental Conventions. The Committee invites the Government to continue to provide information on the activities of the National Tripartite Committee for International Labour Standards established to address the matters regarding the ILO.

2. Tripartite consultations required under the terms of the Convention. The Committee notes that feedback from the social partners was not received regarding the items on the agenda of the Conference. It further notes that the social partners are consulted before proposals are submitted to the competent authority. It refers to its observation on the obligation to submit to the National Assembly the instruments adopted by the Conference since 1996. It asks the Government to supply in its next report a list of the consultations held on each of the matters set out in Article 5, paragraph 1, of the Convention, including information as to the frequency of these consultations, and providing examples of any reports or recommendations made as a result of the consultations held under the established procedures.

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

1. Effective tripartite consultations. The Committee notes the Government’s first report on the application of the Convention received in November 2004. It notes that the principle of social dialogue is still relatively new and its general acceptance and practice is being pursued. The Government further states that the social partners appreciate the value of consultation as evidenced by the successful consultation held leading up to the ratification of the fundamental Conventions. The Committee invites the Government to continue to provide information on the activities of the National Tripartite Committee for International Labour Standards established to address the matters regarding the ILO.

2. Tripartite consultations required under the terms of the Convention. The Committee notes that feedback from the social partners was not received regarding the items on the agenda of the Conference. It further notes that the social partners are consulted before proposals are submitted to the competent authority. It refers to its observation on the obligation to submit to the National Assembly the instruments adopted by the Conference since 1996. It asks the Government to supply in its next report a list of the consultations held on each of the matters set out in Article 5, paragraph 1, of the Convention, including information as to the frequency of these consultations, and providing examples of any reports or recommendations made as a result of the consultations held under the established procedures.

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