Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) - Ghana (RATIFICATION: 2011)

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Article 4(2) of the Convention. Financing of training. In response to the Committee’s previous comments, the Government indicates that the Technical sub-Committee workshops for the determination of the 2021 and 2022 National Daily Minimum Wage (NDMW) of the National Tripartite Committee (NTC) were funded from the budgetary allocation of the Ministry of Employment and Labour Relations. The Government further indicates that mechanisms has been put in place to ensure funding and to provide training for members of the NTC in subsequent years. The Committee requests the Government to provide information on the number of trainings provided to the members of NTC, including information concerning the frequency, nature and content of the training that have taken place.

Article 5(1). Effective tripartite consultations. The Government reports that it has organized capacity-building workshops on dispute resolution, social dialogue and reporting on international labour standards for socio-economic development in collaboration with the social partners. Additionally, the Government has constituted a tripartite working group to support the reporting process on international labour standards. The Committee invites the Government to continue to provide information on effective tripartite consultations held on all the matters relating to international labour standards covered by the Convention, in particular with regard to questionnaires on items on the agenda of the Conference (Article 5(1)(a)) and the proposals to be made in connection with the submission of the instruments adopted by the Conference to the National Assembly (Article 5(1)(b)).

Article 5(1)(c). Re-examination of unratified Conventions. The Committee previously requested the Government to provide information on the outcome of tripartite consultations on the re-examination of unratified Conventions, including Conventions Nos 97 and 143, as well as Conventions Nos 122 and 129. It also requested the Government to provide updated information on the nature and outcome of tripartite consultations held concerning Conventions Nos 169 and 181. The Government reports that consultations held with the social partners to re-examine the various unratified Conventions are not yet conclusive. In addition, consultations on Conventions Nos 169 and 181 are still ongoing at the level of the NTC. The Government further indicates that the Ministry has developed a National Labour Migration Policy (2020) in addition to the existing National Migration Policy (2016), both of which take into consideration the processes and requirements for the re-examination of unratified Conventions. Noting the Government’s indication that consultations on the ratification of unratified ILO Conventions, including Conventions Nos 169 and 181, are still ongoing, the Committee reiterates its previous request. In addition, it invites the Government to provide concrete information on progress made in this regard.

COVID-19 pandemic. In response to the Committee’s previous comments, the Government indicates that the NTC has published a ten-point guideline communiqué on occupational health and safety and the impact of the COVID-19 pandemic on businesses and labour. In addition, the NTC invited the Ghana Employers Association and Organised Labour to disseminate the communiqué and to ensure members’ compliance to avert the spread of the COVID-19 at workplaces and at community level. The Committee invites the Government to continue providing updated and specific information on the measures adopted in relation to tripartite consultations within the context of the COVID-19 pandemic, particularly those intended to build the capacity of constituents and strengthen tripartite mechanisms and procedures, in conformity with Article 4 of the Convention and with Paragraphs 3 and 4 of the Tripartite Consultation (Activities of the International Labour Organisation) Recommendation, 1976 (No. 152), and the challenges and good practices identified.

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The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee proceeded with the examination of the application of the Convention on the basis of the information contained in the Government's report received in October 2020.

Article 4(2) of the Convention. Financing of training. In its previous comments, the Committee noted that, according to section 113(3) of the Labour Act, the Ministry of Labour must provide the National Tripartite Committee with such secretarial services as the Committee may require for the effective performance of its functions. The Government indicates that no trainings pursuant to Article 4 (2) have taken place. In its supplementary information, the Government indicates that it has funded several programmes through the Ministry, including the promulgation of the Domestic Workers Regulations, in the context of which it engaged workers’ and employers’ organisations and other stakeholders. The Committee reiterates its request that the Government provide detailed information on any arrangements made for the financing of any necessary training of participants in the consultative procedures, as well as information regarding any such trainings that have taken place or that are envisaged.

Article 5(1). Effective tripartite consultations. In its previous comments, the Committee noted that the functions of the National Tripartite Committee are included in section 113 of the Labour Act, and include international labour standards among the issues to be discussed (113 (b)). The Government indicates that there are always consultations taking place on the proposed texts to be discussed by the International Labour Conference and that the Tripartite Committee provides comments during the re-examination of unratified Conventions and Recommendations adopted by the Conference, which are forwarded to the Cabinet and subsequently to Parliament. The Committee once again requests the Government to provide specific information on the content, outcome and frequency of the tripartite consultations held on the matters relating to international labour standards covered by Article 5(1)(a), (b), (d) and (e) of the Convention.

Article 5(1)(c). Re-examination of unratified Conventions. In its previous comments, the Committee noted that the National Tripartite Committee discussed unratified Conventions (the Migration for Employment Convention (Revised), 1949 (No. 97), and the Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143)). In its report, the Government expresses its commitment to continue to engage in tripartite consultations on the re-examination of unratified Conventions, including Conventions Nos. 97 and 143 and the two remaining Governance Conventions (the Employment Policy Convention, 1964 (No. 122), and the Labour Inspection (Agriculture) Convention, 1969 (No. 129)). The Committee notes the Government’s indications that there are currently broad consultations taking place concerning the possible ratification of the two Governance Conventions. The Government reiterates that consultations on the possible ratification of the Private Employment Agencies Convention, 1997 (No. 181) are still ongoing and will inform the Committee once action is taken towards the ratification. The Committee notes that the Government envisages tabling the possible ratification of the Indigenous and Tribal Peoples Convention, 1989 (No. 169) for discussion in 2021. The Committee requests the Government to continue to provide information on the outcome of tripartite consultations on the re-examination of unratified Conventions, including Conventions Nos 97 and 143, as well as on Conventions Nos. 122 and 129. It also requests the Government to provide updated information on the nature and outcome of consultations held concerning Conventions Nos 169 and 181.

In the context of the global COVID-19 pandemic, the Committee recalls the comprehensive guidance provided by international labour standards. It encourages the Government to engage in tripartite consultation and social dialogue more broadly as a solid foundation for developing and implementing effective responses to the profound socio-economic impacts of the pandemic. The Committee invites the Government to provide updated information in its next report on measures taken in this respect, in accordance with Article 4 of the Convention and Paragraphs 3 and 4 of Recommendation No. 152, including with regard to steps taken to build the capacity of the tripartite constituents and strengthen mechanisms and procedures, as well as challenges and good practices identified.

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The Committee notes that the Government’s report contains no reply to its previous comments. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 4(2) of the Convention. Financing of training. The Committee notes the detailed information provided in the Government’s first report on the application of the Convention. It notes that the National Tripartite Committee is composed of five representatives of the Government, five representatives of employers’ organizations and five representatives of workers’ organizations. It further notes that section 113(3) of the Labour Act provides that the Ministry of Labour must provide the National Tripartite Committee with such secretarial services as the Committee may require for the effective performance of its functions. The Committee requests the Government to provide information on any arrangements made for the financing of any necessary training of participants in the consultative procedures, and information on any such training that has taken place.

Article 5(1). Effective tripartite consultations. The Committee notes that the functions of the National Tripartite Committee are included in section 113 of the Labour Act and section 113(b) mentions “international labour standards” among the issues to be discussed. The Government indicates in its report that the National Tripartite Committee has deliberated on the points enumerated in Article 5(1) of the Convention. The Committee welcomes the information provided and requests the Government to provide specific information on the content and outcome of the tripartite consultations held on the matters covered by Article 5(1)(a), (b), (d) and (e) of the Convention.

Article 5(1)(c). Re-examination of unratified Conventions. The Government indicates that the National Tripartite Committee discussed unratified Conventions (the Migration for Employment Convention (Revised), 1949 (No. 97), and the Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143)) and Recommendations to which effect has not yet been given (the Migration for Employment Recommendation (Revised), 1949 (No. 86), and the Migrant Workers Recommendation, 1975 (No. 151)). The Government states that the National Tripartite Committee is working on the ratification of these Conventions. The Committee refers to its 2015 direct request on the application of the Fee-Charging Employment Agencies Convention (Revised), 1949 (No. 96), in which it noted the Government’s indications that it was instituting, in consultation with the stakeholders, the ratification process of the Private Employment Agencies Convention, 1997 (No. 181). The Committee also refers to its 2015 direct request on the application of the Indigenous and Tribal Populations Convention, 1957 (No. 107), in which it recalled that the Governing Body, at its 270th Session (November 1997), invited States parties to Convention No. 107 to contemplate ratifying the Indigenous and Tribal Peoples Convention, 1989 (No. 169), which will, ipso jure, involve the immediate denunciation of Convention No. 107 (document GB.270/LILS/3(Rev.1)). The Committee requests the Government to continue to provide information on the tripartite consultations on the re-examination of unratified Conventions, including Conventions Nos 97 and 143, as well as the two remaining Governance Conventions (the Employment Policy Convention, 1964 (No. 122), and the Labour Inspection (Agriculture) Convention, 1969 (No. 129)). It also requests the Government to provide information on the consultations held concerning Conventions Nos 169 and 181.

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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 initially made in 2016.

Repetition

Article 4(2) of the Convention. Financing of training. The Committee notes the detailed information provided in the Government’s first report on the application of the Convention. It notes that the National Tripartite Committee is composed of five representatives of the Government, five representatives of employers’ organizations and five representatives of workers’ organizations. It further notes that section 113(3) of the Labour Act provides that the Ministry of Labour must provide the National Tripartite Committee with such secretarial services as the Committee may require for the effective performance of its functions. The Committee requests the Government to provide information on any arrangements made for the financing of any necessary training of participants in the consultative procedures, and information on any such training that has taken place.

Article 5(1). Effective tripartite consultations. The Committee notes that the functions of the National Tripartite Committee are included in section 113 of the Labour Act and section 113(b) mentions “international labour standards” among the issues to be discussed. The Government indicates in its report that the National Tripartite Committee has deliberated on the points enumerated in Article 5(1) of the Convention. The Committee welcomes the information provided and requests the Government to provide specific information on the content and outcome of the tripartite consultations held on the matters covered by Article 5(1)(a), (b), (d) and (e) of the Convention.

Article 5(1)(c). Re-examination of unratified Conventions. The Government indicates that the National Tripartite Committee discussed unratified Conventions (the Migration for Employment Convention (Revised), 1949 (No. 97), and the Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143)) and Recommendations to which effect has not yet been given (the Migration for Employment Recommendation (Revised), 1949 (No. 86), and the Migrant Workers Recommendation, 1975 (No. 151)). The Government states that the National Tripartite Committee is working on the ratification of these Conventions. The Committee refers to its 2015 direct request on the application of the Fee-Charging Employment Agencies Convention (Revised), 1949 (No. 96), in which it noted the Government’s indications that it was instituting, in consultation with the stakeholders, the ratification process of the Private Employment Agencies Convention, 1997 (No. 181). The Committee also refers to its 2015 direct request on the application of the Indigenous and Tribal Populations Convention, 1957 (No. 107), in which it recalled that the Governing Body, at its 270th Session (November 1997), invited States parties to Convention No. 107 to contemplate ratifying the Indigenous and Tribal Peoples Convention, 1989 (No. 169), which will, ipso jure, involve the immediate denunciation of Convention No. 107 (document GB.270/LILS/3(Rev.1)). The Committee requests the Government to continue to provide information on the tripartite consultations on the re-examination of unratified Conventions, including Conventions Nos 97 and 143, as well as the two remaining Governance Conventions (the Employment Policy Convention, 1964 (No. 122), and the Labour Inspection (Agriculture) Convention, 1969 (No. 129)). It also requests the Government to provide information on the consultations held concerning Conventions Nos 169 and 181.

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Article 4(2) of the Convention. Financing of training. The Committee notes the detailed information provided in the Government’s first report on the application of the Convention. It notes that the National Tripartite Committee is composed of five representatives of the Government, five representatives of employers’ organizations and five representatives of workers’ organizations. It further notes that section 113(3) of the Labour Act provides that the Ministry of Labour must provide the National Tripartite Committee with such secretarial services as the Committee may require for the effective performance of its functions. The Committee requests the Government to provide information on any arrangements made for the financing of any necessary training of participants in the consultative procedures, and information on any such training that has taken place.

Article 5(1). Effective tripartite consultations. The Committee notes that the functions of the National Tripartite Committee are included in section 113 of the Labour Act and section 113(b) mentions “international labour standards” among the issues to be discussed. The Government indicates in its report that the National Tripartite Committee has deliberated on the points enumerated in Article 5(1) of the Convention. The Committee welcomes the information provided and requests the Government to provide specific information on the content and outcome of the tripartite consultations held on the matters covered by Article 5(1)(a), (b), (d) and (e) of the Convention.

Article 5(1)(c). Re-examination of unratified Conventions. The Government indicates that the National Tripartite Committee discussed unratified Conventions (the Migration for Employment Convention (Revised), 1949 (No. 97), and the Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143)) and Recommendations to which effect has not yet been given (the Migration for Employment Recommendation (Revised), 1949 (No. 86), and the Migrant Workers Recommendation, 1975 (No. 151)). The Government states that the National Tripartite Committee is working on the ratification of these Conventions. The Committee refers to its 2015 direct request on the application of the Fee-Charging Employment Agencies Convention (Revised), 1949 (No. 96), in which it noted the Government’s indications that it was instituting, in consultation with the stakeholders, the ratification process of the Private Employment Agencies Convention, 1997 (No. 181). The Committee also refers to its 2015 direct request on the application of the Indigenous and Tribal Populations Convention, 1957 (No. 107), in which it recalled that the Governing Body, at its 270th Session (November 1997), invited States parties to Convention No. 107 to contemplate ratifying the Indigenous and Tribal Peoples Convention, 1989 (No. 169), which will, ipso jure, involve the immediate denunciation of Convention No. 107 (document GB.270/LILS/3(Rev.1)). The Committee requests the Government to continue to provide information on the tripartite consultations on the re-examination of unratified Conventions, including Conventions Nos 97 and 143, as well as the two remaining Governance Conventions (the Employment Policy Convention, 1964 (No. 122), and the Labour Inspection (Agriculture) Convention, 1969 (No. 129)). It also requests the Government to provide information on the consultations held concerning Conventions Nos 169 and 181.