Observation (CEACR) - adoptée 2007, publiée 97ème session CIT (2008)

1. Articles 2 and 5 of the Convention. Strengthening social dialogue. The Committee notes the Government’s report received in January 2007 indicating that the institutionalization of social dialogue has been approved by the Cabinet and that the High‑level Social Dialogue Steering Committee has commenced its work and is chaired by the Deputy Prime Minister. An inter-ministerial secretariat has also been established and is headed by the Commissioner of Labour. The Committee welcomes the establishment of the High-level Social Dialogue Steering Committee and would appreciate receiving information in the Government’s next report on its activities, as well as on the impact of other measures taken to improve social dialogue in the country and to implement effective tripartite consultation within the meaning of the Convention.

2. Article 5, paragraph 1(b). Prior tripartite consultation on proposals made to the National Assembly. The Committee notes that some instruments adopted by the Conference at its 82nd, 86th, 88th, 89th, 90th, 91st and 92nd Sessions were submitted to the House of Assembly on 27 February 2007. The Committee recalls that, for those States which have already ratified the Convention, effective prior consultations have to be made on the proposals made to the competent authorities in connection with the submission of the instruments adopted by the Conference. Governments have complete freedom as to the nature of the proposals to be made when submitting the instruments but, even if the Government does not intend proposing the ratification of a Convention, the social partners must be consulted sufficiently in advance for them to formulate their opinions before the Government finalizes its decision (please refer to paragraph 89 of the Committee of Experts’ General Report of 2004, as well as Part VII of the 2005 Memorandum concerning the obligation to submit Conventions and Recommendations to the competent authorities). The Committee trusts that the Government and the social partners will examine the measures to be taken with a view to holding “effective consultations” on the proposals made to the House of Assembly when submitting the instruments adopted by the Conference, as required by the Convention.

3. Article 5, paragraph 1(e). Other tripartite consultations required by the Convention. In its report, the Government indicates once again that the tripartite consultation required by the Convention concerning the denunciation of the Recruiting of Indigenous Workers Convention, 1936 (No. 50), the Contracts of Employment (Indigenous Workers) Convention, 1939 (No. 64), the Penal Sanctions (Indigenous Workers) Convention, 1939 (No. 65), and the Abolition of Penal Sanctions (Indigenous Workers) Convention, 1955 (No. 104), and concerning the ratification of the Indigenous and Tribal Peoples Convention, 1989 (No. 169), has not been undertaken so far. The Committee once again expresses interest in being kept informed of any developments in this regard.