Demande directe (CEACR) - adoptée 2008, publiée 98ème session CIT (2009)

Article 2(1) of the Convention. Insertion of labour clauses in public contracts and consultations with social partners. The Committee understands that the Government has announced its intention, following the adoption of the new Finance Administration Act and the accompanying Financial Regulations, to prepare a new Public Procurement Bill and Regulations with a view to establishing clear rules on open and accountable procurement, based on the principles of transparency, fairness, openness and value for money. Recalling the Government’s earlier statement that no consultations have been held with employers’ and workers’ organizations on the design of the standard form of contract and that there are no national laws or regulations which guarantee the insertion of labour clauses in all public contracts, the Committee hopes that in drafting the new legislation, the Government will take due account of the Committee’s previous comments and will not fail to take appropriate action to remedy this situation.

In this connection, the Committee feels obliged to refer to paragraph 178 of its General Survey of 2008 on labour clauses in public contracts in which it noted with concern that “model” public procurement laws recommended to developing countries, mainly for the purpose of promoting international competition under transparent and corruption-free conditions in the context of a globalized economy, are systematically silent on the social aspects of public contracting or are limited to the same innocuous provisions that fail to come anywhere close to the solid principles of the Convention. It trusts that the Government will pursue the reform of its public procurement legislation without losing sight of the close interrelationship between labour protection and procurement rules according to the letter and the spirit of the Convention.

Article 2(4). Information for tenderers. The Committee recalls that it has been commenting on the need for adequate publicity to ensure that persons tendering for contracts are aware of the terms of the labour clauses. The Committee notes, in this regard, the conclusions of the Country Procurement Assessment Report of the Organization of Eastern Caribbean States published in April 2003, according to which advertisement in relation to competitive tendering needs to be improved. The Committee hopes that in the context of the current reform of the public procurement legislation, the Government will consider suitable measures to ensure that tenderers are fully informed in advance of the content of labour clauses. It would also be grateful if the Government would clarify whether the standard form of contract currently in use is transmitted to tenderers as part of the invitation to bid, and specify any relevant legal or regulatory provision.

Part V of the report form. The Committee would appreciate receiving up to date and documented information on the practical application of the Convention, including, for example, inspection results or other enforcement activities carried out by the Director of Audit and Chief Engineer, any available statistics on the number of public contracts awarded each year and the approximate number of workers employed in their execution, official documents or studies such as annual reports of the Central Supply Tenders Board, etc.

For all useful purposes, the Committee attaches herewith a copy of a Practical Guide, prepared by the Office principally on the basis of the General Survey of 2008 on Convention No. 94, to help better understand the requirements of the Convention and ultimately improve its application in law.