Demande directe (CEACR) - adoptée 1997, publiée 86ème session CIT (1998)

The Committee notes the Government's first report on application of the Convention and, in particular, the information concerning the establishment in 1993 of the National Economic and Social Council as well as the information on its composition, functions and operation. The Committee notes however that, overall, the information contained in the report does not allow it to ascertain fully the effect given to the provisions of the Convention.

Recalling that the Convention covers primarily tripartite consultations to promote the implementation of international labour standards, the Committee requests the Government to provide detailed replies in its next report to the questions raised in the report form under each Article, taking into account the following indications.

Article 2 of the Convention. Please describe how the nature and form of the procedures followed by the National Economic and Social Council ensure that effect is given to this Article of which paragraph 1 requires that the consultations stipulated by the Convention must address all the subjects listed in Article 5, paragraph 1. Consultation procedures must be effective, that is, they must enable employers' and workers' organizations to make valid comments on the subject in question. The consultations must therefore be held prior to the Government's taking a decision.

Article 3. Please supply information on the measures taken to ensure that employers' and workers' organizations are represented on an equal footing at consultations on international labour standards.

Article 4. Please describe the manner in which the administrative support of the procedures provided for in the Convention is supplied and indicate whether arrangements have been taken or are contemplated on the basis of paragraph 2 for the financing of any necessary training of participants in the consultative procedures.

Article 5, paragraph 1. The Government does not indicate whether discussions have been held in the above-mentioned Council or one of its standing committees in relation to the matters covered by this Article. Please provide particulars of the consultations held on each of the subjects mentioned below, including information on their frequency and the nature of any reports or recommendations made. In this connection, the Committee recalls that some of the subjects (replies to questionnaires, submissions to the competent authorities, reports to be submitted to the ILO) require yearly consultation, whereas others (re-examination of unratified Conventions and Recommendations, proposals for the denunciation of ratified Conventions) need less frequent review.

Subparagraph (a) (Items on the agenda of the International Labour Conference). Under this provision, the Government is required to consult the representative organizations of employers and workers before drafting the final text of its replies to ILO questionnaires. These consultations should cover not only replies to the questionnaires sent in preparation for a first discussion, but also the Government's comments on draft texts drawn up by the ILO as a basis for the second discussion.

Subparagraph (b) (Submission of Conventions and Recommendations to the competent authorities). On this point the Convention goes beyond the obligation to submit laid down in article 19 of the ILO Constitution and requests governments to consult the representative organizations before finalizing its proposals to the competent authority in regard to the Conventions and Recommendations which must be submitted to it. An exchange of views or information after the instruments have been submitted to the competent authority does not therefore meet the purpose of the Convention.

Subparagraph (c) (Re-examination of unratified Conventions and Recommendations). The purpose of tripartite consultations on this subject is to promote the implementation of international labour standards by allowing the Government to envisage the measures which might be taken, through changes in national legislation and practice, to facilitate the ratification of a Convention or the application of a Recommendation which it was unable to put into effect at the time of submission.

Subparagraph (d) (Reports on ratified Conventions). This provision goes beyond the reporting obligation laid down in article 23, paragraph 2, of the Constitution. It requires consultations on problems that may arise out of reports on the application of ratified Conventions due under article 22. As a rule such consultations concern the substance of a reply to the comments of the supervisory bodies.

Article 6. This provision requires the Government to consult the representative organizations of employers and workers on the need to produce an annual report on the working of the procedures provided for in the Convention. Please hold relevant consultations in the near future or, if this has been done, supply information on their outcome.