Observation (CEACR) - adoptée 2004, publiée 93ème session CIT (2005)

1. Tripartite consultations required by the Convention. In a brief report received in August 2004, the Government indicates that the opinion of the social partners is sought in the context of article 19 of the Constitution of the ILO, and on ratified and unratified Conventions and any labour instrument relating to Article 5 of the Convention. The Government adds that it regularly and systematically transmits labour documents and instruments to the representative organizations in accordance with article 23 of the Constitution of the ILO. In this respect, the Committee draws the Government’s attention to the fact that the obligation of consultation set forth in Article 5, paragraph 1(d), goes beyond the obligation to communicate reports under article 23, paragraph 2, of the ILO Constitution, as it consists of holding consultations on any problems which may arise out of such reports (paragraph 92 of the General Survey of 2000 on tripartite consultation, ILC, 88th Session). The Committee once again requests the Government to provide full and detailed information on the consultations held on each of the matters set out in Article 5, paragraph 1, of the Convention during the period covered by the next report, specifying their purpose and frequency and the nature of any reports or recommendations resulting from the consultations.

2. Effective tripartite consultations. The Committee recalls the comments that it has been making for several years in which it noted that the Government was envisaging the establishment of a tripartite body specifically entrusted with matters relating to international labour standards. It once again trusts that the Government’s next report will indicate that real progress has been achieved in this respect and encourages the Government to consult the representative organizations on the nature and form of the procedures which ensure effective consultations within a tripartite body (Article 2 of the Convention).

3. Free choice of representatives and equality of representation. The Committee requests the Government to describe precisely the manner in which the representatives of the General Federation of Algerian Trade Unions (UGTA) are chosen for workers, and those of the General Confederation of Algerian Economic Operators (CGOEA), the National Confederation of Algerian Employers (CNPA) and the Algerian Confederation of Employers (CAP) for employers for the purposes of this Convention and to indicate the measures taken to ensure their representation on an equal footing on any bodies through which consultations are undertaken (Article 3).

4. Administrative support. The Committee recalls that this administrative support includes, among other elements, making meeting rooms available, correspondence and, where appropriate, the assistance of a secretariat (paragraph 124, of the General Survey of 2000 on tripartite consultation) and it requests the Government to describe the manner in which such support is provided, with an indication of the authority that is competent in this field (Article 4, paragraph 1).

5. Financing of training. The Committee recalls that, where training for participants in the consultations proves to be necessary to enable them to perform their functions effectively, its financing should be provided through appropriate arrangements between the Government and the representative organizations (paragraphs 125 and 126 of the General Survey of 2000 on tripartite consultation). It requests the Government to indicate whether such arrangements have been made and, if so, to describe them (Article 4, paragraph 2).

6. Operation of the consultation procedures. The Committee recalls that Article 6 does not impose an obligation to issue an annual report, but it does require tripartite consultations to be held on whether or not such a report should be issued. The General Survey of 2000 indicates in this respect that the annual report could, for example, include information on the composition of the consultative bodies, the number of meetings, their agenda, the proposals made and the conclusions reached (paragraph 131). The Committee requests the Government to indicate whether the representative organizations have been consulted on this matter, with an indication, where appropriate, of the outcome of these consultations.