Demande directe (CEACR) - adoptée 1995, publiée 83ème session CIT (1996)

The Committee notes with interest the Government's first report on the application of the Convention. It notes the establishment by a circular of the Prime Minister's Office, dated 17 March 1995, of the Economic and Social Council for the purposes set out in the Convention.

The Committee also notes the Government's opinion that the application of the Convention needs improving, particularly with regard to the matters that should be covered by tripartite consultations, as well as the establishment of procedures for effective consultations within the meaning of the Convention.

The Committee also notes the observations of representative organizations to the effect that, for the purposes of the consultations provided for in the Convention, the number of their representatives on the Economic and Social Council should be increased.

The Committee hopes that the Government will adopt the necessary measures in the near future with a view to giving full effect to the provisions of the Convention and it wishes to make a number of comments on the Government's response to the request for information contained in the report form. Furthermore, it requests the Government to supply additional information on a number of points.

Article 2 of the Convention. On the one hand, the Government states that the procedures established under this Article to ensure effective consultations have not yet been determined and, on the other hand, that the consultations held up to now, and even before the ratification of the Convention, take place through written communications and consist of requesting representative organizations for their opinion on whether to ratify Conventions and on the content of reports to be made by the Government under article 22 of the Constitution of the ILO.

The Committee wishes to emphasize that, in accordance with this provision, the Government undertakes to operate procedures which ensure effective consultations on each of the matters set out in Article 5, paragraph 1, after consultation with the representative organizations on the nature and form of the above procedures. The Committee considers it useful to recall that in its 1982 General Survey on tripartite consultation it defined effective consultations in the meaning of the Convention as those which enable the representative organizations to have a useful say in matters relating to the activities of the ILO (para. 44). The Committee trusts that the Government will not fail to hold the consultations rapidly that are envisaged in paragraph 1 of Article 2 and that it will be in a position to supply information in its next report on these consultations, as well as a description of the procedures adopted, where appropriate.

Article 3. The Committee recalls that, in accordance with this Article, the persons representing employers' and workers' organizations for the purposes of the procedures provided for in the Convention shall be freely chosen by the above organizations. The Committee requests the Government to describe the manner in which the representatives to the Economic and Social Council are selected and to indicate the measures taken to ensure their representation on an equal footing.

The Committee would also be grateful if the Government would provide the Office with the text of the circular of 17 March 1995 establishing the Economic and Social Council and copies of any texts respecting its composition, responsibilities and functioning.

Article 4. The Committee notes the Government's statement that responsibility for the administrative support of the consultation procedures is not assumed by the competent authority, as required by paragraph 1 of this Article. The Committee hopes that the Government will take all the necessary measures to give effect to this provision. Furthermore, in view of the specific nature of the matters which should be covered by consultations, and the volume of these consultations, the Committee invites the Government to envisage, as set out in paragraph 2, the establishment with the representative organizations of appropriate arrangements for the financing of any necessary training of participants in the procedures covered by the Convention.

Where appropriate, the Committee would be grateful if the Government would provide information on such arrangements.

Article 5. The Committee wishes to emphasize the particular importance that it attaches to supervising the application of this provision, particularly through the information contained in the reports transmitted to the Office under article 22 of the Constitution of the ILO. It therefore requests the Government to provide full information in future reports on the consultations held during the reference periods on each of the matters set out in paragraph 1 of this Article, including information on the frequency of the consultations, which under the terms of paragraph 2 should be undertaken at least once a year. It also requests the Government to indicate the nature of any reports or recommendations made as a result of these consultations.

Article 6. The Committee notes that no annual report is produced on the working of the consultation procedures. It would be grateful if the Government would consult the representative organizations on this question, as provided for in this Article, and supply information in its next report on these consultations.

Point III of the report form. Please indicate how the application is supervised of the legislation covered by this point, which the Government states briefly in its report is the responsibility of the social partners.

Point VI. The Committee requests the Government to make any comments that it considers useful with regard to the hope expressed by the representative organizations that the number of their representatives on the Economic and Social Council will be increased.