Demande directe (CEACR) - adoptée 2020, publiée 109ème session CIT (2021)

Convention (n° 144) sur les consultations tripartites relatives aux normes internationales du travail, 1976 - Mexique (Ratification: 1978)

Autre commentaire sur C144

Observation

2022

Demande directe

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The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee is examining the application of the Convention on the basis of the supplementary information received from the Government this year, as well as the information at its disposal in 2019.

The Committee notes the observations of the Employers' Confederation of the Mexican Republic (COPARMEX), included in the 2019 Government’s report. It also notes the observations of the Authentic Workers’ Confederation of the Republic of Mexico (CAT), communicated by the Government in its supplementary report, received in September 2020.

In the context of the COVID-19 global pandemic, the Committee recalls the extensive guidance provided by international labour standards. The Committee encourages the member States to participate in tripartite consultations and in a wider social dialogue as a sound basis for formulating and implementing effective responses to the profound socio-economic effects of the pandemic. The Committee invites the Government to provide in its next report updated information on the measures taken in this respect, in accordance with the guidance provided in Article 4 of the Convention, as well as paragraphs 3 and 4 of Recommendation no. 152, including the measures adopted to build the capacity of constituents and reinforce tripartite mechanisms and procedures, and also on the challenges and good practices that have been identified.

Article 5 of the Convention. Effective tripartite consultations. The Committee notes the detailed information provided by the Government on the tripartite consultations held during the period covered by the report on all matters related to international labour standards covered by Article 5(1) of the Convention. However, the Committee observes that the Government has not provided information on the outcome of these consultations. In this context, the Committee notes the observations made by COPARMEX, in which it asserts that it is necessary for the Government to supply more detailed information to the social partners regarding the reasons why the ratification of a specific Convention is or is not envisaged. COPARMEX adds that, in this way, the social partners could express opinions with greater precision and consistency in relation to the Convention in question and the country’s views on this matter. In this regard, the Committee recalls that “in order to be ‘effective’, consultations must take place before final decisions are taken, irrespective of the nature or form of the procedures adopted. […] The effectiveness of consultations thus presupposes in practice that employers’ and workers’ representatives have all the necessary information far enough in advance to formulate their own opinions” (see 2000 General Survey, Tripartite consultation, paragraph 31). The Committee notes the indication by the CAT that it has participated in various committees established within the framework of the International Labour Conference for the discussion of new Conventions and Recommendations. The CAT adds that it has participated in the preparation of reports on ratified Conventions and indicates its desire to also participate in tripartite consultations on the other matters covered by Article 5(1) of the Convention. The Committee requests the Government to provide detailed, up-to-date information on the specific content, frequency and outcome of tripartite consultations held on all matters related to international labour standards covered by Article 5(1) of the Convention. The Committee also requests the Government to send its reply to the observations made by COPARMEX. It further requests the Government to indicate whether consultations have been held with the social partners regarding the manner in which the functioning of the procedures required by the Convention might be improved, so that the social partners have all the necessary information far enough in advance to formulate their opinions before a final decision is taken on the matter under consultation, in particular concerning unratified instruments (Article 5(1)(c) of the Convention).