Observation (CEACR) - adoptée 2005, publiée 95ème session CIT (2006)

1. Tripartite consultations required by the Convention. In a report received in May 2005, the Government indicates that it communicates documents and working papers on a regular and systematic basis to the representative organizations in accordance with article 23 of the ILO Constitution. In this respect, the Committee once again draws the Government’s attention to the fact that the obligation to consult set forth in Article 5, paragraph 1(d), goes beyond the obligation to communicate reports under article 23, paragraph 2, of the ILO Constitution, as it consists of holding consultations on any problems which may arise out of such reports (paragraph 92 of the General Survey of 2000 on tripartite consultation, ILC, 88th Session). The Committee once again requests the Government to provide full and detailed information on the consultations held on each of the matters set out in Article 5, paragraph 1, of the Convention during the period covered by the next report, specifying their subject and frequency and the nature of any reports or recommendations resulting from the consultations.

2. Effective tripartite consultations. The Government indicates that bipartite and tripartite meetings are organized regularly on economic and social issues relating to the concerns of the social partners. The Government refers, by way of illustration, to the tripartite meeting held on 3 and 4 March 2005, which resulted in the formulation of a national economic and social pact to which all the social partners adhered. The Committee takes due note of this information and recalls that in the past the Government had envisaged the establishment of a tripartite body specifically covering matters relating to international labour standards. It once again trusts that the Government’s next report will indicate that real progress has been achieved in this respect and encourages the Government to consult the representative organizations on the nature and form of the procedures to ensure effective consultations within a tripartite body (Article 2 of the Convention).

3. Free choice of representatives and equality of representation. With reference to its previous comments, the Committee requests the Government to describe in detail the manner in which the representatives of the General Federation of Algerian Trade Unions (UGTA) are chosen for workers, and those of the General Confederation of Algerian Economic Operators (CGOEA), the National Confederation of Algerian Employers (CNPA) and the Algerian Confederation of Employers (CAP) for employers for the purposes of this Convention and to indicate the measures taken to ensure their representation on an equal footing on any bodies through which consultations are undertaken (Article 3).

4. Administrative support. The Committee recalls that this administrative support includes, among other elements, making meeting rooms available, correspondence and, where appropriate, the assistance of a secretariat (paragraph 124 of the General Survey of 2000 on tripartite consultation) and it requests the Government to describe the manner in which such support is provided, with an indication of the authority that is competent in this field (Article 4, paragraph 1).

5. Financing of training. The Committee recalls that, where training for participants in the consultations proves to be necessary to enable them to perform their functions effectively, its financing should be provided through appropriate arrangements between the Government and the representative organizations (paragraphs 125 and 126 of the General Survey of 2000 on tripartite consultation). It once again requests the Government to indicate whether such arrangements have been made and, if so, to describe them (Article 4, paragraph 2).

6. Operation of the consultation procedures. The Committee recalls that Article 6 does not impose an obligation to issue an annual report, but that it does require tripartite consultations to be held on whether or not such a report should be issued. The General Survey of 2000 indicates in this respect that the annual report could, for example, include information on the composition of the consultative bodies, the number of meetings, their agenda, the proposals made and the conclusions reached (paragraph 131). The Committee once again requests the Government to indicate whether the representative organizations have been consulted on this matter, with an indication, where appropriate, of the outcome of these consultations.