Observation (CEACR) - adoptée 2003, publiée 92ème session CIT (2004)

1. The Committee notes the Government’s report received in October 2002 in which it provides detailed information on the consultations relating to items on the agenda of the International Labour Conference, the submission to the National Assembly of the instruments adopted by the Conference and the ratification of Conventions. In its previous comments the Committee recalled that the obligation to consult the representative organizations on the reports to be made regarding the application of the Conventions ratified, arising from Article 5, paragraph 1(d), of the Convention, should be distinguished from the obligation to send reports to workers’ and employers’ organizations under article 23, paragraph 2, of the Constitution, as the consultations required by Convention No. 144 must be carried out at the time that the reports are being drawn up. When consultations are carried out in writing, the Government should transmit a draft report to the representative organizations to obtain their views before finalizing the report. The Committee would be grateful if the Government would continue to provide in its next report substantive information on the consultations held concerning all the issues covered by the Convention (Article 5, paragraph 1(d), of the Convention).

2. Noting the various discussions which took place at the 91st Session of the Conference (2003), the Committee refers to the resolution concerning tripartism and social dialogue (adopted by the Conference at its 90th Session (2002)), in which it stressed that social dialogue and tripartism, among others, had proved to be valuable and democratic means to address social concerns, build consensus, helping to formulate international labour standards and examine a wide scope of labour issues in which social partners play a direct, legitimate and irreplaceable role. In this respect, the Committee trusts that the Government will also include in its next report information on the measures taken to ensure that the consultations required under Convention No. 144 are carried out with "representative organizations" which enjoy the right of freedom of association (Article 1 of the Convention).