Demande directe (CEACR) - adoptée 2022, publiée 111ème session CIT (2023)

Convention (n° 144) sur les consultations tripartites relatives aux normes internationales du travail, 1976 - Niger (Ratification: 2018)

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Articles 2 and 5 of the Convention. Effective tripartite consultations. The Committee notes the Government’s first report on the application of the Convention. It notes the Government’s indication that the International Labour Standards Directorate at the Ministry of Employment, Labour and Social Security sends correspondence to the most representative trade union confederations in order to seek their opinions in the context of questionnaires on items on the agenda of the International Labour Conference. The Government explains that it regularly sends its reports on the application of ratified Conventions to representative organizations of workers and employers for information and amendment before transmission to the Office. The Government also indicates that the re-examination of unratified Conventions and of Recommendations to which effect has not yet been given is carried out in the context of the work of the interministerial committee mandated with negotiating with the social partners. The Committee notes that consultations on international labour standards are generally conducted in writing with the social partners. The Committee recalls that under the terms of Paragraph 2(3) of Recommendation No. 152, consultations through written communications should be undertaken only “where those involved in the consultative procedures are agreed that such communications are appropriate and sufficient” (2000 General Survey on Tripartite Consultation, paragraph 71). The Committee also observes that the Government does not provide any information on the frequency of tripartite consultations. In this regard, the Committee recalls that under the terms of Article 5(2) of the Convention, the requisite tripartite consultations should be undertaken at appropriate intervals fixed by agreement, but at least once a year (see 2000 General Survey, paragraphs 119 and 120). The Committee requests the Government to provide precise, detailed information on the frequency, content and outcome of tripartite consultations held on all of the matters relating to international standards covered by Article 5(1) of the Convention, in particular questionnaires concerning items on the agenda of the International Labour Conference (Article 5(1)(a)); the re-examination at appropriate intervals of unratified Conventions and of Recommendations to which effect has not yet been given (Article 5(1)(c)); and reports to be made on the application of ratified Conventions (Article 5(1)(d)). The Committee also requests the Government to indicate the manner in which it is ensured that consultations conducted in writing are appropriate, sufficient and agreed upon by the social partners, as envisaged by Paragraph 3(b) of Recommendation No. 152, in order to guarantee the tripartism required by the Convention.

Article 4. Administrative support. Necessary training of participants in procedures. The Government does not provide any information on administrative support for the procedures covered by the Convention or on the financing of necessary training of participants in these procedures. The Committee requests the Government to provide information on the manner in which this Article of the Convention is applied.

Article 5(1)(b). Tripartite consultations prior to the submission of proposals to Parliament. The Government indicates that the workers’ and employers’ organizations are informed in writing of the submission of any instrument to the National Assembly. The Committee recalls in this regard that effective tripartite consultations in connection with submission must take place beforehand with the representative organizations on the nature of the proposals to be made to Parliament at the time of submission of instruments adopted by the International Labour Conference (see 2000 General Survey, paragraph 85). The Committee also recalls that the social partners must be consulted sufficiently in advance to enable them to share their opinions on submission, before the Government sends the instruments to the National Assembly. The Committee requests the Government to determine, in consultation with the social partners, the measures to be taken to ensure that effective prior tripartite consultations take place on information relating to the instruments and to any proposals made to the National Assembly before submission.