Demande directe (CEACR) - adoptée 1994, publiée 81ème session CIT (1994)

1. The Committee notes the conclusions and recommendations in the report of the Committee set up by the Governing Body to examine the representation made, under article 24 of the ILO Constitution, by the International Organization of Employers (IOE) and the Venezuelan Federation of Chambers and Associations of Commerce and Production (FEDECAMARAS) alleging, amongst other things, that the Convention is not applied. It recalls that the above Committee's recommendations read:

(i) The Government should communicate regularly in its reports on the application of the Convention information on the consultations held on the questions set forth in Article 5(1)(d) of the Convention, i.e. "questions arising out of reports" to be made to the ILO under article 22 of the Constitution. In particular, the Government should be asked to indicate whether the report requested this year by the Committee of Experts on the application of Convention No. 155 was prepared on the basis of the consultations prescribed by Convention No. 144;

(ii) More generally, the Government should be asked to furnish, in the report to be presented on 15 October 1993 under article 22 of the Constitution, complete information on the manner in which the procedures provide for "effective consultations" between the representatives of the Government, employers and workers, in reply to the questions contained in the report form for the Convention and the observations on the application of the Convention made previously by FEDECAMARAS;

(iii) Finally, the Committee would like to draw attention to the provisions of Recommendation No. 152 (paragraph 5(c)) whereby the purpose of the procedures in question should, inter alia, be consultations, "subject to national practice, on the preparation and implementation of legislative or other measures to give effect to international labour conventions and recommendations, in particular to ratified conventions (including measures for the implementation of provisions concerning the consultation or collaboration of employers' and workers' representatives)".

2. The Committee also notes the Government's report for the period ending 1991, received by the Office in April 1993, containing the observations on the above report made by the General Confederation of Workers (CGT) and by the Confederation of Autonomous Trade Unions (CODESA), as well as the Government's reply to them.

3. The Committee notes that the report requested by the Committee of the Governing Body has not been received, nor has the report due on the application of Convention No. 155. In this connection, and with particular regard to point 1(i) above, the Committee would like to remind the Government that the provisions of Article 5, paragraph 1(d), of the Convention go beyond the obligation to provide reports under article 23, paragraph 2, of the Constitution (see the Committee's General Survey of 1982, paras. 123 to 127). The Committee asks the Government to provide in its next report detailed information in answer to the requests of the Committee of the Governing Body and, more generally, to the questions in the report form.