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

The Committee notes the information contained in the Government’s report in reply to its previous comments and the adoption of the General Act (No. 7762, of 2 April 1998) respecting the award of public works and public services contracts. The Committee notes Executive Directive No. 34, of 8 February 2002, and observes that it is not in conformity with Article 2 of the Convention, as its first paragraph only requires the entity issuing the contract to include a clause establishing the absolute obligation of contracting enterprises to comply strictly with labour and social security obligations, thereby distancing itself from the provisions of section 2 of Decree No. 11430-TSS, of 30 April 1980.

The Committee regrets to note that the Government has not provided any information on the clauses currently included in public contracts, nor has it provided a relevant sample of a public contract including such clauses. Moreover, it has not indicated whether the terms of the clauses were determined upon prior consultation with the organizations of employers and workers concerned. The Committee notes that it has been making requests to the Government for over 20 years in practically identical terms without ever having been provided with concrete and precise replies on the points raised. The Committee therefore urges the Government to provide the requested information and, as soon as possible, to take the necessary measures to bring national law and practice into full conformity with the provisions of the Convention.

The Committee also requests the Government to provide, in accordance with Article 6 and Part V of the report form, any information available on the application of the Convention in practice, including, for example, the measures adopted or envisaged to ensure the application of the Convention to subcontractors or assignees of contracts, possible exceptions to the application of the Convention, official reports or statistics on enforcement mechanisms (violations reported, sanctions imposed, etc.) and any other information concerning compliance with the conditions set out in the Convention.