Observation (CEACR) - adoptée 2013, publiée 103ème session CIT (2014)

Repetition

Consultations with representative organizations. In reply to the comments formulated in 2006, the Committee notes the Government’s brief report received in November 2012, in which it indicates that the National Labour Institutions Bill is still before the National Assembly. The Committee recalls that it is important for employers’ and workers’ organizations to enjoy the right to freedom of association, without which there could be no effective system of tripartite consultation. The Committee asks the Government to report on the results of the legislative reform and its impact on the improvement of consultations with representative organizations that enjoy freedom of association, as required under this Convention.

Tripartite consultations required by the Convention. The Government indicates in its report that its replies to questionnaires concerning items on the agenda of the International Labour Conference and comments on proposed texts are usually forwarded to the social partners for their input. It also states that social partners participate in the rendering of reports. The Committee recalls that the tripartite consultations covered by the Convention are essentially intended to promote the implementation of international labour standards and concern, in particular, the matters enumerated in Article 5(1) of the Convention. The Committee therefore requests the Government to provide full and detailed information on the content and outcome of tripartite consultations dealing with:

• (a) the Government’s replies to questionnaires concerning items on the agenda of the Conference and the Government’s comments on proposed texts to be discussed by the Conference; and
• (b) questions arising out of reports to be made to the International Labour Office under article 22 of the ILO Constitution.

Prior tripartite consultations on proposals made to the National Assembly. The Committee recalls that the instruments adopted at the 95th Session of the Conference were submitted to the National Assembly for noting on 21 August 2006. The Government stated that there was no tripartite consultation as there was no request for their ratification. The Committee points out that, for those States which have already ratified the Convention, effective prior consultations have to be held on the proposals made to the competent authorities when submitting the instruments adopted by the Conference (Article 5(1)(b)). Even if the Government does not intend to propose the ratification of a Convention, the social partners must be consulted sufficiently in advance for them to reach their opinions before the Government finalizes its decision. The Committee refers to the observation formulated again this year on the constitutional obligations under article 19 of the ILO Constitution and 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 National Assembly when submitting the instruments adopted by the Conference, as required by the Convention.

Operation of the consultative procedures. The Committee once again requests the Government to indicate whether, in accordance with Article 6, the representative organizations have been consulted in the preparation of an annual report on the working of the consultation procedures provided for in the Convention and, if so, to indicate the outcome of these consultations.