Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes a report from the Government, received in September 2001, in which it is merely indicated that copies are attached of the communications sent to the representative organizations of employers and workers. The Committee refers to its direct request of 1999 and would be grateful if the Government would provide detailed information on the manner in which effect is given to Article 5 of the Convention, not only with regard to questions arising out of reports to be made on the application of ratified Conventions (5(1)(d)), but also in relation to the other matters enumerated in paragraph 1. The Committee once again requests the Government to provide copies of written communications between the Ministry of Labour and the representative organizations in order to enable it to assess the manner in which the Convention is applied in practice. In this respect, the Committee recalls that the obligation to consult the representative organizations on questions arising out of reports to be made on the application of ratified Conventions, under Article 5, paragraph 1(d), of the Convention, has to be distinguished from the obligation to provide reports under article 23, paragraph 2, of the Constitution, since the consultations required by the Convention must be held during the process of preparing the reports. Where consultations are held in written form, the Government should transmit a draft of the report to the representative organizations in order to obtain their opinions before finalizing the report. Please indicate the progress achieved in this respect.

[The Government is asked to report in detail in 2002.]