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Other comments on C144

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Articles 2 and 5(1)(a)–(e) of the Convention. Effective tripartite consultations. The Government reports that the Labour Advisory Council has been replaced by the National Tripartite Council (NTC), established pursuant to section 98A of the Employment Relations (Amendment) Act 2019. The Committee notes that the mandate of the NTC includes, inter alia, making recommendations to the Government on labour, industrial relations, and health and safety issues at the national and international levels, particularly in relation with the ILO, the African Union and the Southern African Development Community (SADC). In response to the Committee’s 2018 direct request concerning consultations on the prospects of ratifying the Employment Policy Convention, 1964 (No. 122), the Government reports that the elaboration of a National Employment Policy (NEP), initiated in 2010, is still underway. The Committee recalls that the Ministry of Labour, Industrial Relations, Employment and Training (MLIRET) in collaboration with the ILO, organized a tripartite workshop in May 2018 for all the constituents to agree on the key priority areas and structure of the NEP and that, subsequently, it was agreed that a tripartite NEP drafting oversight committee would be set up to ensure that the NEP formulation process would be based on consultations throughout. The Committee notes that, in January 2021, the Government determined to retain a consultancy firm to draft the NEP, which is expected to be finalized by the end of December 2021. The Government adds that the ratification of Convention No. 122 will be envisaged once the NEP is formulated. The Committee notes the Government’s indication that tripartite consultations were held during the reporting period in relation to the ILC agenda item “Ending violence and harassment against women and men in the world of work”; on the proposal to the competent authority in connection with the submission of the Violence and Harassment Convention, 2019 (No. 190) and Violence and Harassment Recommendation, 2019 (No. 206); on questions arising out of reports to be made to the ILO under articles 19 and 22 of the ILO Constitution; and on the abrogation of a number of ILO Conventions and the withdrawal of a number of Recommendations. The Committee requests the Government to continue to provide information on the content and outcome of tripartite consultations held on all of the matters concerning international labour standards covered by Article 5(1)(a)–(e) of the Convention, including tripartite consultations held in relation to the proposal to the competent authority concerning Convention No. 190 and Recommendation No. 206 and on prospects of ratification of Convention No. 122. In addition, the Committee invites the Government to indicate whether and in what manner the constituents will be consulted in relation to the formulation of the draft National Employment Policy.
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