Demande directe (CEACR) - adoptée 2023, publiée 112ème session CIT (2024)

Convention (n° 144) sur les consultations tripartites relatives aux normes internationales du travail, 1976 - Sénégal (Ratification: 2004)

Autre commentaire sur C144

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The Committee notes the observations of the National Confederation of Workers of Senegal (CNTS) and the observations of the National Federation of Independent Trade Unions of Senegal (UNSAS), supplied with the Government’s report. The Committee requests the Government to provide its comments in this regard.

Articles 2 and 5 of the Convention. Mechanisms for effective consultations.Consultations held during the period covered by the report. The Government indicates that it requests the most representative organizations to provide written observations on draft reports or replies to ILO questionnaires. When a representative organization provides observations on a draft report, the Government responds and subsequently communicates such observations, together with the report, to the ILO. The Government indicates that these consultations take place on a regular basis, whenever necessary. The Government indicates that, as representative organizations are involved both upstream and downstream in all matters relating to international labour standards, tripartism is effective in Senegal. However, the Government does not indicate whether and in what manner it has been established that the partners deem written consultations to be appropriate and sufficient to give effect to the provisions of the Convention. In this respect, the Committee notes that paragraph 2(3)(d) of Recommendation No. 152 indicates that consultations may take place “through written communications, where those involved in the consultative procedures are agreed that such communications are appropriate and sufficient”. As for the social partners’ observations, the UNSAS makes a positive assessment, without providing any specific indications. However, the Committee notes that the CNTS, while attesting to the sincerity of the information provided in the Government’s report, calls on the Government to communicate the draft reports in time for them to be examined. Noting that the Government does not provide information on the tripartite consultations held on the matters referred to in Article 5(1) of the Convention, including information on the frequency, content and outcome of these consultations, the Committee reiterates its request in this regard. The Committee also requests the Government to provide detailed information on the procedures in place to ensure effective tripartite consultations on all the matters referred to in Article 5(1). In this respect, the Committee trusts that the Government will take steps to ensure that the representative organizations of employers and workers have sufficient time to form their opinions and make any comments they deem appropriate on the drafts communicated. The Committee also requests the Government to indicate whether and in what manner those involved in the consultative procedures have agreed that written communications are appropriate and sufficient to give effect to the provisions of the Convention.