Demande directe (CEACR) - adoptée 2004, publiée 93ème session CIT (2005)

1. The Committee notes the Government’s first report, which was received in October 2003. While noting the provisions of Act No. 129-II of 18 December 2000 on social partnership relating to the setting up of a national tripartite commission for social partnership and to the procedure for the conclusion of the general agreement, the Committee recalls that the Convention specifically requires the implementation of procedures which ensure effective consultations concerning the measures to be taken at national level with regard to international labour standards. The Committee would therefore be grateful if the Government would provide information in its next report on the consultations held on matters covered by the Convention, whether the consultations are held within the national tripartite commission for social partnership or in any other form, and whether or not they are laid down by legislation.

2. Effective tripartite consultations. Article 2, paragraph 1, of the Convention. Please describe the procedures ensuring effective consultations between representatives of the Government, of employers and of workers on the matters set out in Article 5, paragraph 1, of the Convention. Please indicate the manner in which these procedures were determined and indicate all consultations held in relation thereto with representative employers’ and workers’ organizations. The Committee draws the Government’s attention to the fact that different procedures may be used according to the subject of the consultations. It also recalls that the Tripartite Consultation (Activities of the International Labour Organisation) Recommendation, 1976 (No. 152), envisages that consultations be undertaken through written communications, where those involved in the consultative procedures are agreed that such communications are appropriate and sufficient.

3. Tripartite consultations required by the Convention. The Committee requests the Government to provide information on the consultations undertaken on each of the subparagraphs (a) to (e) of Article 5, paragraph 1, of the Convention. It once again draws the Government’s attention to the substantial delay in its obligation to submit the instruments adopted by the Conference to the competent authorities (see the 2004 observation on the application of article 19(5) and (6) of the ILO Constitution) and hopes that it will be able to provide information on previous tripartite consultations held with the social partners in this respect (Article 5, paragraph 1(b)).

4. The Government may find it useful to refer to the General Survey on tripartite consultation which contains practical information enabling a better understanding of the requirements of the Convention (ILC, 88th Session, 2000, Report III, Part 1B).