Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) - Kazakhstan (RATIFICATION: 2000)

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Articles 2 and 5 of the Convention. Consultation mechanisms and tripartite consultations required by the Convention. In its previous comments, the Committee requested information concerning the content and outcome of consultations held within the National Tripartite Commission on Social Partnership (RTK), particularly with regard to items placed on the agenda of the Conference (Article 5(1)(a)), the re-examination of unratified Conventions (Article 5(1)(c)) and questions arising out of reports on the application of ratified Conventions (Article 5(1)(d)). The Committee also previously requested information on the outcome of tripartite consultations held with respect to the possible ratification of Conventions Nos 97, 102, 131, 154 and 184. The Committee notes the Government’s indication that the General Agreement for 2021-2023 was signed by the parties at the RTK meeting held on 12 March 2021. The General Agreement establishes the main areas for cooperation on employment, social protection, improvements to working conditions and pay, occupational safety and health, among others. The Government reports that the parties have agreed to consult on matters concerning the ratification of nineteen ILO Conventions, including the abovementioned instruments. The Committee further notes the Government’s explanation that examination of the question of ratifying Convention No. 102 is being set aside pending full implementation of the measures provided for in the Framework for further modernization of the pension system until 2010, adopted by Decree No. 841 of 18 June 2014. The Committee requests the Government to provide updated detailed information on the content and outcome of the consultations held within the National Tripartite Commission on Social Partnership on each of the matters related to international labour standards listed under Article 5(1) of the Convention, particularly with regard to: Conference agenda items (Article 5(1)(a)); the re-examination at appropriate intervals of unratified Conventions and Recommendations to which effect has not yet been given (Article 5(1)(c)); and questions arising out of reports to be presented on the application of ratified Conventions (Article 5(1)(d)). The Committee also requests the Government to provide information on the outcome of the tripartite consultations held with regard to the possible ratification of the abovementioned Conventions.

Article 4. Administrative support and financing of training. The Government provides information on training provided to enterprise workers on national labour legislation, in the framework of the programme on “The Social Modernization of Kazakhstan: 20 Steps to a Society of Universal Labour”.The Government indicates that, by the end of 2018, 1,544 training courses on national labour legislation had been provided to 36,848 enterprise workers through the territorial offices of the Committee for Labour, Social Protection and Migration.The Committee further notes the information provided by the Government in relation to a large number of seminars and presentations provided in 2021, aimed at explaining aspects of labour legislation to workers. Moreover, the Government indicates that the Regional Support Organization of the Federation of Trade Unions of Kazakhstan provides ongoing training for trade union members and officials to improve their legal knowledge and expertise. The Committee nevertheless notes that the activities referenced by the Government do not give effect to the provisions of Article 4 of the Convention. As the Committee noted in paragraph 123 of its 2000 General Survey on Tripartite Consultation, Article 4(1) of the Conventionrequires the competent authority to assume responsibility for the administrative support of the procedures provided for in the Convention, namely the tripartite consultations held within the RTK on international labour matters set out in Article 5(1) of the Convention.The administrative support called for under the Conventionincludes, among other elements, making meeting rooms available, correspondence and, where appropriate, the assistance of a secretariat (2000 General Survey on Tripartite Consultation, paragraph 124). In addition, Article 4 of the Convention calls for appropriate arrangements to be made “for the financing of any necessary training of participants” in the consultation procedures. The intent of this provision is “to make available appropriate training to enable participants in the procedures to perform their functions effectively” (Paragraph 3(3) of Recommendation No. 152. The Committee therefore once again requests that the Government provide information on the manner in which administrative support is provided for the procedures laid down in the Convention, as well as on arrangements made for the financing of any necessary training of participants in the consultative procedures on international labour matters required by the Convention.

Article 5(1)(b). Prior tripartite consultations on proposals made to Parliament. The Committee once again refers to its repeated comments since 2010 in relation to the Government’s constitutional obligation of submission, in which it has continued to urge the Government and the social partners to examine the measures to be taken with a view to holding effective consultations on proposals made to Parliament when submitting the instruments adopted by the Conference since 1993. The Committee notes that there are currently 38 instruments adopted by the Conference between 1993 and 2019 that are pending submission. The Committee notes that the Government does not provide information on the measures taken to ensure effective consultations in relation to these instruments. The Committee once again recalls that prior effective tripartite consultations must be held with the representative organizations on the nature of the proposals to be made to Parliament when submitting ILO instruments adopted by the Conference (2000 General Survey on Tripartite Consultation, paragraph 85). The Committee once again draws the Government’s attention to its previous comments on the constitutional obligation of submission. It urges the Government to take steps without delay to examine, together with the social partners, the measures to be taken in order to ensure prior effective consultations on the proposals made to Parliament when submitting the 38 instruments adopted by the Conference between 1993 and 2019.

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Articles 2 and 5 of the Convention. Consultation mechanisms and tripartite consultations required by the Convention. In its previous comments, the Committee requested information concerning the content and outcome of consultations held within the National Tripartite Commission on Social Partnership (RTK), particularly with regard to items placed on the agenda of the Conference (Article 5(1)(a)) and the re-examination of unratified Conventions (Article 5(1)(c)). With respect to the latter provision, the Committee notes the Government’s indication that the relevant national bodies have discussed the possible ratification of the Migration for Employment Convention (Revised), 1949 (No. 97); the Minimum Wage Fixing Convention, 1970 (No. 131); and the Collective Bargaining Convention, 1981 (No. 154). The Government further indicates that the recommendation of the national advisory bodies was that the above-referenced Conventions not be ratified at the present time. The Government adds that tripartite consultations in relation to the possible ratification of these instruments will nevertheless continue. The Government does not specify whether or not the consultations were held within the RTK. Furthermore, the Committee notes that the General Agreement for 2018–20 and the road map for its implementation were signed by the Government and the social partners on 31 January 2018. These express the positions of the tripartite constituents on issues related to employment, such as the technological modernization of the economy, the promotion of formal employment and productivity, and occupational safety and health. In the General Agreement 2018–20, the tripartite constituents undertake to hold tripartite consultations on the possible ratification of the above-mentioned instruments, as well as to consider possible ratification of the Social Security (Minimum Standards) Convention, 1952 (No. 102), and the Safety and Health in Agriculture Convention, 2001 (No. 184). The Committee requests the Government to provide updated detailed information on the content and outcome of the consultations held within the National Tripartite Commission on Social Partnership on each of the matters related to international labour standards listed under Article 5(1) of the Convention, particularly with regard to: Conference agenda items (Article 5(1)(a)); the re examination at appropriate intervals of unratified Conventions and Recommendations to which effect has not yet been given (Article 5(1)(c)); and questions arising out of reports to be presented on the application of ratified Conventions (Article 5(1)(d)). The Committee also requests the Government to provide information on the outcome of the tripartite consultations held with regard to the possible ratification of Conventions Nos 97, 102, 131, 154 and 184.

Article 4. Administrative support and financing of training. The Committee notes the information provided by the Government regarding the training provided to members of workers’ organizations during the first quarter of 2018 on labour law issues, such as collective agreements; social dialogue; occupational safety and health; and prevention and settlement of employment disputes. The Government indicates that the training was provided in the framework of the programme: “The Social Modernization of Kazakhstan: 20 Steps to a Society of Universal Labour”. The Committee once again requests that the Government provide information on the manner in which administrative support is provided for the procedures laid down in the Convention, as well as on arrangements made for the financing of any necessary training of participants in the consultative procedures.

Article 5(1)(b). Prior tripartite consultations on proposals made to Parliament. The Committee refers to its long-standing comments since 2010 on the constitutional obligation of submission, urging the Government and the social partners to examine the measures to be taken with a view to holding effective consultations on proposals made to Parliament when submitting the 36 instruments adopted by the Conference between 1993 and 2015. The Government indicates that, in April 2017, the Public Council for Social and Labour Matters was established by Ministerial Order No. 91 of 21 April 2017, with a view to holding effective consultations with, among other actors, the social partners, during the legislative process. The Government adds that tripartite consultations are also held within the RTK. Nevertheless, the Committee notes that the Government does not provide specific information on the measures taken to ensure effective consultations in relation to the 36 instruments adopted by the Conference between 1993 and 2015. The Committee recalls that prior effective tripartite consultations must be held with the representative organizations on the nature of the proposals to be made to Parliament when submitting ILO instruments adopted by the Conference (2000 General Survey on tripartite Consultation, paragraph 85). The Committee once again draws the Government’s attention to its previous comments on the effective obligation to submit and urges the Government to examine, together with the social partners, the measures to be taken in order to ensure prior effective consultations on the proposals made to Parliament when submitting the 36 instruments adopted by the Conference between 1993 and 2015, in addition to the Employment and Decent Work for Peace and Resilience Recommendation, 2017 (No. 205), adopted by the Conference at its 106th Session in 2017.

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Articles 2 and 5 of the Convention. Consultation mechanisms and tripartite consultations required by the Convention. The Committee takes note of the information provided by the Government in its report, indicating that the National Tripartite Commission on Social Partnership (RTK) held 15 meetings from 2012 to 2015. The Government mentions the various labour relations-related topics discussed by the RTK in the course of the five extended meetings held during the first half of 2015, including the implementation plan (2015–17) for the General Agreement between the Government and the social partners, which aims to ensure that political and economic issues are resolved through social dialogue. The Government indicates that the social partners are consulted prior to ratification of ILO Conventions by Parliament. In this regard, the Committee notes that the ratifications of the Minimum Wage-Fixing Machinery Convention, 1928 (No. 26) and the Protection of Wages Convention, 1949 (No. 95), were registered in 2015. It further notes that, under the General Agreement for 2015–17, the social partners undertook to hold technical consultations on the ratification of the Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143), the Migration for Employment Convention (Revised), 1949 (No. 97), the Minimum Wage Fixing Convention, 1970 (No. 131), and the Collective Bargaining Convention, 1981 (No. 154). The Committee requests the Government to provide information concerning the content and outcome of the consultations held within the National Tripartite Commission on Social Partnership on the matters related to international labour standards listed under Article 5(1) of the Convention, particularly with regard to items placed on the agenda of the International Labour Conference (Article 5(1)(a)) and the re-examination of unratified Conventions and Recommendations to which effect has not yet been given (Article 5(1)(c)). The Committee also requests the Government to provide information regarding any steps taken or envisaged, including tripartite consultations, to extending or modifying the General Agreement beyond 2017.

Article 4. Administrative support and financing of training. The Government indicates that in September 2015, under the Action Plan to Organize Public Legal Education on the Basics of Labour Law in Kazakhstan for 2013–15, a total of 24,632 workers from 1,025 organizations received basic instruction in labour law. The Government also refers to the training provided by the Trade Union Federation’s Centre for Training Research and Dispute Resolution, which provides training to trade union members, representatives of state bodies and employers on social and labour relations, promoting mediation to resolve labour disputes. The Committee requests the Government to provide information on the manner in which administrative support is provided for the procedures operated for the purpose of the Convention, as well as on the arrangements made or envisaged for the financing of any necessary training of participants in the consultative procedures.

Article 5(1)(b). Prior tripartite consultations on proposals made to Parliament. The Committee refers to its observation on the constitutional obligation of submission and recalls that the Convention requires effective prior consultations to be held on the proposals made to Parliament when submitting the instruments adopted by the Conference, regardless of whether or not the Government intends to propose their ratification. The Committee trusts that the Government and the social partners will examine the measures to be taken with a view to holding effective consultations on the proposals made to Parliament when submitting the 36 instruments adopted by the Conference between 1993 and 2015.

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The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

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Articles 2 and 5 of the Convention. Consultation mechanisms and tripartite consultations required by the Convention. The Committee notes the Government’s report received in September 2012 which includes the observations received from the Trade Union Federation of Kazakhstan (FPRK), the National Economic Chamber of Kazakhstan (Atameken), the National Association of Mining and Metallurgical Enterprises, and the Union of Manufacturers and Exporters of Kazakhstan. With respect to the consultation mechanisms, the Committee notes that the duties of the National Tripartite Commission on Social Partnership include, among others, to hold consultations and propose recommendations on issues relating to the ratification and application of international labour standards. The Committee notes from the Government’s report that four meetings of the National Tripartite Commission on Social Partnership were held from August 2010 to August 2012. The Government indicates that by a decision of 6 April 2012, the National Tripartite Commission approved a schedule providing for seven meetings to be held in 2012. The Committee invites the Government to provide information on the activities of the National Tripartite Commission on Social Partnership which ensure effective consultations with respect to the matters covered by the Convention. It also invites the Government to provide information on the content and outcome of the consultations held on each of the matters concerning international labour standards covered by Article 5(1) of the Convention.

Article 4. Administrative support and financing of training. The Committee notes that one of the outcomes of the Decent Work Country Programme of the Republic of Kazakhstan, 2010–12, aims to enhance the efficiency and impact of social dialogue at all levels and the role and status of tripartite bodies. One of the measures listed to achieve this outcome is through the training of employers’ and workers’ organizations to strengthen their institutional capacities. The Committee invites the Government to provide information on the arrangements made for the financing of any necessary training of participants on the consultative procedures. Please also describe the manner in which administrative support is provided for the procedures operated for the purpose of the Convention.

Article 5(1)(b). Prior tripartite consultations on proposals made to Parliament. The Committee recalls that the Convention requires effective prior consultations to be held on the proposals made to Parliament when submitting the instruments adopted by the Conference. Even if the Government does not intend to propose the ratification of a Convention, the social partners must be consulted sufficiently in advance for them to reach their opinions before the Government finalizes its decision. The Committee refers to its previous observations on the importance of submitting to Parliament instruments adopted by the Conference and trusts that the Government and the social partners will examine the measures to be taken with a view to holding effective consultations on the proposals made to Parliament when submitting the instruments adopted by the Conference, as required by the Convention.

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Articles 2 and 5 of the Convention. Consultation mechanisms and tripartite consultations required by the Convention. The Committee notes the Government’s report received in September 2012 which includes the observations received from the Trade Union Federation of Kazakhstan (FPRK), the National Economic Chamber of Kazakhstan (Atameken), the National Association of Mining and Metallurgical Enterprises, and the Union of Manufacturers and Exporters of Kazakhstan. With respect to the consultation mechanisms, the Committee notes that the duties of the National Tripartite Commission on Social Partnership include, among others, to hold consultations and propose recommendations on issues relating to the ratification and application of international labour standards. The Committee notes from the Government’s report that four meetings of the National Tripartite Commission on Social Partnership were held from August 2010 to August 2012. The Government indicates that by a decision of 6 April 2012, the National Tripartite Commission approved a schedule providing for seven meetings to be held in 2012. The Committee invites the Government to provide information on the activities of the National Tripartite Commission on Social Partnership which ensure effective consultations with respect to the matters covered by the Convention. It also invites the Government to provide information on the content and outcome of the consultations held on each of the matters concerning international labour standards covered by Article 5(1) of the Convention.

Article 4. Administrative support and financing of training. The Committee notes that one of the outcomes of the Decent Work Country Programme of the Republic of Kazakhstan, 2010–12, aims to enhance the efficiency and impact of social dialogue at all levels and the role and status of tripartite bodies. One of the measures listed to achieve this outcome is through the training of employers’ and workers’ organizations to strengthen their institutional capacities. The Committee invites the Government to provide information on the arrangements made for the financing of any necessary training of participants on the consultative procedures. Please also describe the manner in which administrative support is provided for the procedures operated for the purpose of the Convention.

Article 5(1)(b). Prior tripartite consultations on proposals made to Parliament. The Committee recalls that the Convention requires effective prior consultations to be held on the proposals made to Parliament when submitting the instruments adopted by the Conference. Even if the Government does not intend to propose the ratification of a Convention, the social partners must be consulted sufficiently in advance for them to reach their opinions before the Government finalizes its decision. The Committee refers to its previous observations on the importance of submitting to Parliament instruments adopted by the Conference and trusts that the Government and the social partners will examine the measures to be taken with a view to holding effective consultations on the proposals made to Parliament when submitting the instruments adopted by the Conference, as required by the Convention.

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Consultation procedures and effective tripartite consultations required by the Convention. The Committee notes the report submitted by the Government in January 2011 for the period ending in August 2010 which contains an overall description of social dialogue in the country. The Committee recalls once again that the Convention specifically requires the implementation of procedures that ensure effective consultations concerning the measures to be taken at the national level with regard to international labour standards (Article 2(1) of the Convention). The Committee asks the Government to describe in its next report the procedures that ensure consultations on international labour standards, and to provide information on the consultations held on each of the matters set out in Article 5(1) of the Convention. The Committee is also once again obliged to draw the Government’s attention to the serious failure to submit to Parliament the 34 instruments adopted by the Conference from 1996 to 2011, and hopes that it will be able to provide information on the prior tripartite consultations held with the social partners in this respect (Article 5(1)(b)).

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The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 2 and Article 5(1) of the Convention. Effective tripartite consultations required by the Convention. The Committee notes the Government’s report for the November 2006 to August 2008 period received in November 2008. It further notes the role of the National Tripartite Commission for Social Partnership and the Regulation of Social and Labour Relations as the key forum for discussions and consultations. The Government indicated that the consultations with the social partners on the ratification of the Safety and Health in Construction Convention, 1988 (No. 167), were continuing (Article 5(1)(c)). Further, consultations were held with representative workers’ and employers’ organizations involved in preparing reports on ratified Conventions (Article 5(1)(d)) and on proposals for the denunciation of ratified Conventions (Article 5(1)(e)). The Committee hopes that in its next report the Government will also include information on measures taken to ensure effective tripartite consultations on all other subjects listed in Article 5(1), especially on: (i) government replies to questionnaires concerning items on the agenda of the International Labour Conference and government comments on proposed texts to be discussed by the Conference (Article 5(1)(a)); and (ii) on the proposals to be made to Parliament in connection with the submission of Conventions and Recommendations pursuant to article 19 of the ILO Constitution (Article 5(1)(b)).

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Articles 2 and 5, paragraph 1, of the Convention. Effective tripartite consultations required by the Convention. The Committee notes the Government’s report for the November 2006 to August 2008 period received in November 2008. It further notes the role of the National Tripartite Commission for Social Partnership and the Regulation of Social and Labour Relations as the key forum for discussions and consultations. The Government indicated that the consultations with the social partners on the ratification of the Safety and Health in Construction Convention, 1988 (No. 167), were continuing (Article 5(1)(c)). Further, consultations were held with representative workers’ and employers’ organizations involved in preparing reports on ratified Conventions (Article 5(1)(d)) and on proposals for the denunciation of ratified Conventions (Article 5(1)(e)). The Committee hopes that in its next report the Government will also include information on measures taken to ensure effective tripartite consultations on all other subjects listed in Article 5(1), especially on (i) government replies to questionnaires concerning items on the agenda of the International Labour Conference and government comments on proposed texts to be discussed by the Conference (Article 5(1)(a)); and (ii) on the proposals to be made to Parliament in connection with the submission of Conventions and Recommendations pursuant to article 19 of the ILO Constitution (Article 5(1)(b)).

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The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its 2007 direct request, which read as follows:

Articles 2 and 5, paragraph 1, of the Convention. Effective tripartite consultations required by the Convention. The Committee takes note of the information contained in the Government’s report received in May 2007 which lists the matters discussed with the social partners during the period 2004–06. The Government indicates that it holds consultations with representative workers’ and employers’ organizations involved in preparing reports on ratified Conventions and on other documents adopted by the International Labour Conference. The Committee notes that consultations have been held with social partners on the ratification of the Safety and Health in Construction Convention, 1988 (No. 167). The Committee asks the Government to provide detailed information on the effective tripartite consultations held during the period covered by the next report, particularly in the framework of the National Tripartite Commission on Social Partnership, on each of the subjects listed in Article 5, paragraph 1. Please also specify any report or recommendation resulting from these consultations.

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Articles 2 and 5, paragraph 1, of the Convention. Effective tripartite consultations required by the Convention. The Committee takes note of the information contained in the Government’s report received in May 2007 which lists the matters discussed with the social partners during the period 2004–06. The Government indicates that it holds consultations with representative workers’ and employers’ organizations involved in preparing reports on ratified Conventions and on other documents adopted by the International Labour Conference. The Committee notes that consultations have been held with social partners on the ratification of the Safety and Health in Construction Convention, 1988 (No. 167). The Committee asks the Government to provide detailed information on the effective tripartite consultations held during the period covered by the next report, particularly in the framework of the National Tripartite Commission on Social Partnership, on each of the subjects listed in Article 5, paragraph 1. Please also specify any report or recommendation resulting from these consultations.

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1. Effective tripartite consultations. The Committee takes note of the information contained in the Government’s report received in February 2006. The Government indicates that the regions and the cities of Astan and Almaty have established local tripartite commissions for social partnership which deal with social and labour relations. These commissions are composed of representatives of local bodies as well as representatives of local employers’ and workers’ organizations. The Government states that, in 2005, tripartite agreements have been concluded and registered in all regions and the main cities of the country. Furthermore, 23 sectoral agreements were concluded in 20 sectors of the economy and major labour inspections ensuring compliance with the labour legislation were conducted in the oil and gas, transport and construction sectors. The Committee recalls once again that the Convention specifically requires the implementation of procedures which ensure effective consultations concerning the measures to be taken at the national level with regard to international labour standards. It asks the Government to provide information in its next report on the consultations held on matters covered by the Convention and whether the consultations on international labour standards are held within the national tripartite commission for social partnership or in any other form. More specifically, it asks the Government to describe the procedures ensuring effective consultations between the Government, employers’ and workers’ representatives on the matters set out in Article 5, paragraph 1, of the Convention. Please also specify the manner in which these procedures were determined and indicate all consultations held in relation thereto with representative employers’ and workers’ organizations (Article 2, paragraph 1, of the Convention).

2. Tripartite consultations required by the Convention. The Committee asks the Government to provide information on the consultations undertaken on each of the subparagraphs (a) to (e) of Article 5, paragraph 1. It is also once again bound to draw the Government’s attention to the substantial delay in its obligation to submit the instruments adopted by the Conference to the competent authorities and hopes that it will be able to provide information on the prior tripartite consultations held with the social partners in this respect (Article 5, paragraph 1(b)).

3. The Committee once again draws the Government’s attention to the General Survey on tripartite consultation, which contains practical information enabling a better understanding of the requirement of the Convention and which might prove useful to the Government (ILC, 88th Session, 2000, Report III, Part 1B).

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The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its 2004 direct request, which read as follows:

1. The Committee notes the Government’s first report, which was received in October 2003. While noting the provisions of Act No. 129-II of 18 December 2000 on social partnership relating to the setting up of a national tripartite commission for social partnership and to the procedure for the conclusion of the general agreement, the Committee recalls that the Convention specifically requires the implementation of procedures which ensure effective consultations concerning the measures to be taken at national level with regard to international labour standards. The Committee would therefore be grateful if the Government would provide information in its next report on the consultations held on matters covered by the Convention, whether the consultations are held within the national tripartite commission for social partnership or in any other form, and whether or not they are laid down by legislation.

2. Effective tripartite consultations. Article 2, paragraph 1, of the Convention. Please describe the procedures ensuring effective consultations between representatives of the Government, of employers and of workers on the matters set out in Article 5, paragraph 1, of the Convention. Please indicate the manner in which these procedures were determined and indicate all consultations held in relation thereto with representative employers’ and workers’ organizations. The Committee draws the Government’s attention to the fact that different procedures may be used according to the subject of the consultations. It also recalls that the Tripartite Consultation (Activities of the International Labour Organisation) Recommendation, 1976 (No. 152), envisages that consultations be undertaken through written communications, where those involved in the consultative procedures are agreed that such communications are appropriate and sufficient.

3. Tripartite consultations required by the Convention. The Committee requests the Government to provide information on the consultations undertaken on each of the subparagraphs (a) to (e) of Article 5, paragraph 1, of the Convention. It once again draws the Government’s attention to the substantial delay in its obligation to submit the instruments adopted by the Conference to the competent authorities (see the 2004 observation on the application of article 19(5) and (6) of the ILO Constitution) and hopes that it will be able to provide information on previous tripartite consultations held with the social partners in this respect (Article 5, paragraph 1(b)).

4. The Government may find it useful to refer to the General Survey on tripartite consultation which contains practical information enabling a better understanding of the requirements of the Convention (ILC, 88th Session, 2000, Report III, Part 1B).

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1. The Committee notes the Government’s first report, which was received in October 2003. While noting the provisions of Act No. 129-II of 18 December 2000 on social partnership relating to the setting up of a national tripartite commission for social partnership and to the procedure for the conclusion of the general agreement, the Committee recalls that the Convention specifically requires the implementation of procedures which ensure effective consultations concerning the measures to be taken at national level with regard to international labour standards. The Committee would therefore be grateful if the Government would provide information in its next report on the consultations held on matters covered by the Convention, whether the consultations are held within the national tripartite commission for social partnership or in any other form, and whether or not they are laid down by legislation.

2. Effective tripartite consultations. Article 2, paragraph 1, of the Convention. Please describe the procedures ensuring effective consultations between representatives of the Government, of employers and of workers on the matters set out in Article 5, paragraph 1, of the Convention. Please indicate the manner in which these procedures were determined and indicate all consultations held in relation thereto with representative employers’ and workers’ organizations. The Committee draws the Government’s attention to the fact that different procedures may be used according to the subject of the consultations. It also recalls that the Tripartite Consultation (Activities of the International Labour Organisation) Recommendation, 1976 (No. 152), envisages that consultations be undertaken through written communications, where those involved in the consultative procedures are agreed that such communications are appropriate and sufficient.

3. Tripartite consultations required by the Convention. The Committee requests the Government to provide information on the consultations undertaken on each of the subparagraphs (a) to (e) of Article 5, paragraph 1, of the Convention. It once again draws the Government’s attention to the substantial delay in its obligation to submit the instruments adopted by the Conference to the competent authorities (see the 2004 observation on the application of article 19(5) and (6) of the ILO Constitution) and hopes that it will be able to provide information on previous tripartite consultations held with the social partners in this respect (Article 5, paragraph 1(b)).

4. The Government may find it useful to refer to the General Survey on tripartite consultation which contains practical information enabling a better understanding of the requirements of the Convention (ILC, 88th Session, 2000, Report III, Part 1B).