Demande directe (CEACR) - adoptée 2003, publiée 92ème session CIT (2004)

The Committee notes the information provided by the Government in reply to its previous comments.

Articles 1(1) and 2(1) and (3) of the Convention. The Committee notes the Government’s indication that the terms of the labour clause contained in the standard form of public procurement contract have not been determined after consultation with the employers’ and workers’ organizations concerned and that there are no specific laws or regulations which require the use of such form in all public contracts. In this respect, the Committee trusts that the Government will not fail to take appropriate remedial action by inviting the social partners to express their views on the labour clause currently in use and by rendering obligatory (either through enactment of specific legislation or by means of administrative instructions or circulars) the inclusion of labour clauses in all public contracts covered by the Convention.

Article 2(4). The Committee notes the Government’s statement that measures will be taken in accordance with the provisions of this Article of the Convention to ensure that persons tendering for public contracts are aware of the terms of the labour clauses. The Committee ventures to suggest that this requirement of the Convention could be met by adding the labour-related conditions applicable to public contracts to the list of the points which must be included in all tender documents under paragraph 13 of the Rules for Tender and Purchasing Procedures.

Article 3. While noting the Government’s general statement that public contractors are expected to put measures in place to ensure the health and safety of their workers, the Committee requests the Government to specify any relevant legal provisions requiring them to do so.

Article 4(b)(ii) and Part V of the report form. The Committee requests the Government to provide additional information on the activities of the inspection authorities with regard to public procurement, including for instance the number of contraventions observed and the sanctions imposed. The Committee would also be interested in receiving statistical information showing the number of public contracts awarded and the approximate number of workers concerned, indications on the functioning of the Central Supply Tenders Board in relation to the matters dealt with in the Convention, copies of public contracts containing labour clauses and any other particulars bearing on the practical application of the Convention.