Observación (CEACR) - Adopción: 2002, Publicación: 91ª reunión CIT (2003)

1. The Committee notes the Government’s report received on 21 September 2001 and the comments on the application of the Convention by the Trades Union Congress (TUC) which were forwarded to the Government by the Office on 20 November 2001. In its report, the Government recalls that, following the 1993 discussion in the Conference Committee, it modified the procedures previously agreed upon between the parties as regards the reports submitted under article 22 of the Constitution on the application of ratified Conventions. It is the practice of the Government to forward copies of the reports, including all observations and direct requests arising from previous reports, to the TUC and to the Confederation of British Industry (CBI) for comment before they are sent to the ILO. Any observation received by the Government from either organization is then forwarded to the ILO. The Government expresses its satisfaction with the system, agreed to by all parties. However, it regrets that occasionally, due in part to the heavy reporting schedule and the desire to keep to the ILO’s reporting timetable, reports have been forwarded to the TUC and the CBI at the same time as being sent to the ILO. The Government indicates that it is making every effort to ensure that this practice is kept to an absolute minimum.

2. In its comments, the TUC states that in view of the range of issues requiring substantive tripartite discussion, and the range of levels of agreement about them, it wrote to the Secretary of State for Employment and Education in July 2000 suggesting that it would be an opportune moment to establish a National Tripartite ILO Committee and pointing out that this is a common practice in many member States. The Government rejected the suggestion, stating that it believes the current consultative procedures are adequate. The TUC adds that informal meetings are held occasionally. The pre-conference tripartite delegation meeting has, for the past decade, discussed agenda items only superficially, and has been focused mainly on practical arrangements without substantive tripartite consultation on policy matters. The Government does not provide a forum for the formulation of a common tripartite response to ILO requests for information, questionnaires or regular tripartite reporting on the application of Conventions. In conclusion, the TUC regrets that social partners are still without a formal tripartite forum in which the ILO matters that fall under the purview of the Convention can be discussed.

3. In its 2000 General Survey, the Committee pointed out the very flexible wording of the provisions contained in Article 2 of the Convention which leave considerable latitude to Members with regard to the choice of consultation procedures, while Recommendation No. 152 provides a non-exhaustive and indicative list of ways in which consultations might be undertaken (including a committee specifically constituted for questions concerning ILO activities). The nature and form of the procedures are to be determined in each country in accordance with national practice, after consultation with the representative organizations (paragraphs 52-54).

4. As it also recalled in its 1993 observation, the Committee has highlighted in the 2000 General Survey 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 important factor is that the persons consulted should be able to put forward their opinions before the Government takes its final decision. 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 (paragraph 31).

5. The Committee notes that at its 90th Session (June 2002), the Conference adopted a resolution concerning tripartism and social dialogue in which it emphasized, inter alia, that social dialogue and tripartism have proved to be valuable and democratic means to address social concerns, build consensus, help elaborate international labour standards and examine a wide range of labour issues on which the social partners play a direct, legitimate and irreplaceable role. It also notes that the TUC has for a long time been calling for a revision of the operation of the procedures that give effect to the Convention. The Committee trusts that the Government and the social partners will examine the manner in which the Convention is applied and that the Government’s next report will contain indications on any measures taken in order to continue developing effective tripartite consultation in the sense of the Convention.