Observation (CEACR) - adoptée 2006, publiée 96ème session CIT (2007)

1. Tripartite consultations required by the Convention. The Committee refers to its 2006 observation on the obligation to submit to the competent authorities the instruments adopted by the Conference. It recalls that, since becoming a Member of the ILO in 1946, Iceland has ratified 22 Conventions and that 20 Conventions are still in force, including the eight fundamental Conventions.

2. The Committee notes that, for those States which have ratified Convention No. 144, effective tripartite consultations have to be held on the proposals to be made to the competent authorities when submitting the instruments adopted by the Conference (Article 5, paragraph 1(b), of the Convention). The Committee has pointed out, in particular in its 2000 General Survey on tripartite consultation, that the obligation to hold consultations must be fulfilled before the proposed measures are decided upon if the procedure is not to be a mere formality. As for the results of the consultations, although they are not binding on the Government, the latter is nonetheless obliged to ensure that tripartite consultations are effective, in accordance with Article 2, paragraph 1, of the Convention. For the Committee, “effective consultations” mean consultations which enable employers’ and workers’ organizations to have a useful say in matters relating to the activities of the ILO referred to in Article 5, paragraph 1. In this respect, the Committee trusts that the Government and the social partners will examine the measures to be taken to hold “effective consultations” on the proposals made to Parliament when submitting the instruments adopted by the Conference (Article 5, paragraph 1(b), of the Convention). The Committee would be grateful if the Government would also provide particulars in its next report on the consultations held on the re-examination of unratified Conventions and of Recommendations to which effect has not yet been given, so that it can consider what measures might be taken to promote their implementation and ratification, as appropriate (Article 5, paragraph 1(c), of the Convention).