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Repetition Articles 2 and 5 of the Convention. Effective tripartite consultations. The Government indicates that the tripartite Labour Advisory Board (LAB) was reactivated in February 2017 and is charged with reviewing all work carried out by the previous LAB, with the aim of submitting recommendations to the Minister of Labour and to the Attorney General’s office. The Government adds that the LAB’s terms of reference include but are not limited to the review of ILO questionnaires, re-examination of unratified instruments and reports on ratified and unratified instruments.The Committee requests the Government to provide detailed information on the activities of the reactivated Labour Advisory Board on matters regarding international labour standards covered by the Convention, as well as on matters relating to ILO activities covered by the Tripartite Consultations Recommendation, 1976 (No. 152). In this context, it requests the Government to communicate updated information on the content and outcome of tripartite consultations held concerning each of the matters related to international labour standards covered by Article 5(1)(a)–(e) of the Convention, including information on any recommendations made by the LAB in the framework of these consultations. The Government is also requested to provide a copy of the LAB’s annual report as soon as it becomes available (Article 6).Article 5(1)(a) and (b). Submission to the National Assembly. The Government indicates that the responsibilities of the LAB include the review of ILO questionnaires. In this regard, the Committee wishes to draw the Government’s attention to the comments it has been making since 2006 concerning its obligation to submit instruments adopted by the Conference to the National Assembly. As the Committee recalled in its 2000 General Survey, Tripartite Consultations, paragraph 85, the Convention requires governments to consult the representative organizations of employers and workers before finalizing proposals to be submitted to the National Assembly concerning the instruments adopted by the Conference.The Committee therefore once again requests the Government to provide information on the content and outcome of consultations held with the social partners relative to proposals made to the National Assembly in connection with the submission of the instruments adopted by the Conference.Article 5(1)(c). Examination of unratified Conventions and Recommendations. The Government reports that the principal responsibilities of the LAB include the re-examination of unratified conventions and recommendations for purposes of transmitting its proposals to the Minister of Labour for submission to the National Assembly. In this respect, the Committee notes that the Government has ratified the Maritime Labour Convention 2006 on 8 July 2014.The Committee requests the Government to provide updated information on tripartite consultations held concerning the re-examination of unratified Conventions, particularly the Employment Policy Convention, 1964 (No. 122), and the Labour Inspection (Agriculture) Convention, 1969 (No. 129), which are deemed governance Conventions.
Repetition Articles 2 and 5 of the Convention. Effective tripartite consultations. The Government indicates that the tripartite Labour Advisory Board (LAB) was reactivated in February 2017 and is charged with reviewing all work carried out by the previous LAB, with the aim of submitting recommendations to the Minister of Labour and to the Attorney General’s office. The Government adds that the LAB’s terms of reference include but are not limited to the review of ILO questionnaires, re-examination of unratified instruments and reports on ratified and unratified instruments. The Committee requests the Government to provide detailed information on the activities of the reactivated Labour Advisory Board on matters regarding international labour standards covered by the Convention, as well as on matters relating to ILO activities covered by the Tripartite Consultations Recommendation, 1976 (No. 152). In this context, it requests the Government to communicate updated information on the content and outcome of tripartite consultations held concerning each of the matters related to international labour standards covered by Article 5(1)(a)–(e) of the Convention, including information on any recommendations made by the LAB in the framework of these consultations. The Government is also requested to provide a copy of the LAB’s annual report as soon as it becomes available (Article 6). Article 5(1)(a) and (b). Submission to the National Assembly. The Government indicates that the responsibilities of the LAB include the review of ILO questionnaires. In this regard, the Committee wishes to draw the Government’s attention to the comments it has been making since 2006 concerning its obligation to submit instruments adopted by the Conference to the National Assembly. As the Committee recalled in its 2000 General Survey, Tripartite Consultations, paragraph 85, the Convention requires governments to consult the representative organizations of employers and workers before finalizing proposals to be submitted to the National Assembly concerning the instruments adopted by the Conference. The Committee therefore once again requests the Government to provide information on the content and outcome of consultations held with the social partners relative to proposals made to the National Assembly in connection with the submission of the instruments adopted by the Conference. Article 5(1)(c). Examination of unratified Conventions and Recommendations. The Government reports that the principal responsibilities of the LAB include the re-examination of unratified conventions and recommendations for purposes of transmitting its proposals to the Minister of Labour for submission to the National Assembly. In this respect, the Committee notes that the Government has ratified the Maritime Labour Convention 2006 on 8 July 2014. The Committee requests the Government to provide updated information on tripartite consultations held concerning the re-examination of unratified Conventions, particularly the Employment Policy Convention, 1964 (No. 122), and the Labour Inspection (Agriculture) Convention, 1969 (No. 129), which are deemed governance Conventions.
Repetition Tripartite consultations required by the Convention. The Committee notes the Government’s report received in October 2013 in which it indicates that the Labour Advisory Board (LAB) held 11 meetings in 2011, and eight meetings in 2012. The Government reports that the LAB has completed its review of all labour legislation. The Ministry of Labour is in the process of drafting instructions, based on the LAB’s recommendations, to be submitted to the Minister of Labour and subsequently to the Attorney General’s Office. The LAB also discussed the Domestic Workers Convention, 2011 (No. 189), and the Domestic Workers Recommendation, 2011 (No. 201). The Government provides further information on its intention to denounce the Night Work (Women) Convention (Revised), 1948 (No. 89), and to possibly ratify the Night Work Convention, 1990 (No. 171). The Committee invites the Government to provide in its next report information on the content and outcome of the consultations held on each of the matters set out in Article 5(1) of the Convention, including the re-examination of unratified Conventions (Article 5(1)(c)). Article 5(1)(b). Submission to the National Assembly. The Government once again indicates that the instruments adopted by the Conference have not yet been submitted to the National Assembly. The Committee must refer to its observation on the obligation of submission as provided for in article 19, paragraphs 5 and 6, of the ILO Constitution, in which it notes the instruments adopted by the Conference that are still awaiting submission. The Committee once again requests the Government to report on the effective consultations held with the social partners with respect to the proposals made to the National Assembly in connection with the submission of the instruments adopted by the Conference.
Articles 2, 3 and 5, paragraph 1, of the Convention. Tripartite consultations required by the Convention. In reply to its previous observations, the Government indicates in the report received in September 2009 that the Labour Advisory Board was reactivated on 13 March 2009. The Government further indicates that the Board’s membership is comprised of nine individuals: three individuals representing workers, three representing employers and three representing the Government. The Government also indicates that training on the consultative procedures would be beneficial for the participants. The Committee notes that prior to March 2009, in the absence of the Labour Advisory Board, draft reports due under article 22 of the ILO Constitution were forwarded to employers’ and workers’ organizations for their comments, whereas now they will be submitted to the Board. The Committee notes that one of the functions of the Board is to review all unratified Conventions. The Government indicates that instruments adopted by the Conference in October 1996 and the other 17 sessions held between 1990 and 2007 will be submitted to the Labour Advisory Board for their recommendation to the Minister of Labour and the National Assembly. The Committee requests the Government to provide information on the consultations held to re-examine the prospects of ratification of the unratified Conventions, and on any follow-up to recommendations derived from such consultations. The Government is also requested to report on the activities of the Labour Advisory Board concerning each of the other matters set out in Article 5(1) of the Convention.
Article 5, paragraph 1, of the Convention. Tripartite consultations required under the Convention. The Committee notes the information supplied by the Government in May 2008 in response to the Committee’s previous comments. The Government indicates that while the Labour Advisory Board was not active for the purposes of the Convention, written communications were effected through the representative organizations of employers and workers. The Government also advises that draft reports under articles 19 and 22 of the ILO Constitution were forwarded to the respective workers’ and employers’ organizations for their comments. The Committee therefore asks the Government to provide a report containing particulars of the consultations held on each of the matters required under Article 5 of the Convention, including information on the nature of any reports or recommendations made as a result of such consultations. The Committee recalls that certain matters covered by the Convention (e.g. replies to questionnaires, submissions to Parliament, reports to be made to the ILO) necessitate annual tripartite consultations, while others (e.g. re-examination of unratified Conventions and Recommendations, proposals for the denunciation of ratified Conventions) involve less frequent examination:
(a) Items on the agenda of the Conference. Under the terms of this provision, the Government is bound to consult the representative organizations of employers and workers before finalizing the text of its replies to ILO questionnaires.
(b) Submission to the National Assembly of the instruments adopted by the Conference. Convention No. 144 calls upon the Government to consult the representative organizations before finalizing the proposals to be made to Parliament when submitting instruments adopted by the Conference, as per article 19 of the ILO Constitution. The Committee refers to its observations on the fulfilment of this constitutional obligation and asks the Government to supply information on the submission of the pending instruments adopted by the Conference in October 1996, and the other 17 sessions held between 1990 and 2007 to the National Assembly.
(c) Re-examination of unratified Conventions and of Recommendations. Tripartite consultations in this regard are intended to promote the implementation of international labour standards by enabling the Government to envisage measures which could be taken to facilitate the ratification of a Convention or the application of a Recommendation, in the light of changes in national law and practice.
(d) Reports on ratified Conventions. This provision goes further than the obligation set out in article 23, paragraph 2, of the ILO Constitution to communicate reports to the representative organizations. Convention No. 144 thus provides for consultations to be held on the problems which may arise in preparing the reports due under article 22 of the ILO Constitution on the application of ratified Conventions; in general, these consultations concern the substance of replies to the comments of the supervisory bodies.
(e) Proposals for the denunciation of ratified Conventions. Under the terms of this provision, the Government is bound to consult the representative organizations whenever it considers denouncing a ratified Convention.
Article 4, paragraph 2. Training. The Committee takes note of the Government’s statement indicating that, if required, it would be prepared to finance training initiatives because the Ministry of Labour has provision within its annual budget for training activities and workshops. The Committee asks the Government to include information on any initiative taken for the organization of training for the participants in the consultative procedure, with a view to supporting the operationalization and functioning of the Labour Advisory Board.
1. The Committee notes with regret that the Government has not provided any information on the application of the Convention since its first report received in July 2003. The Committee recalls the importance of regularly providing clear and up to date information so that it can assess the extent to which effect is given to the provisions of the Convention. The Committee trusts that the Government will very soon be in a position to provide a report containing clear and up to date information in response to its 2003 direct request, most notably with regard to the matters below.
2. Article 2, paragraph 2, of the Convention. Effective tripartite consultations. The Government previously indicated that the procedures through which effective consultations are ensured consist of written communications through the representative organizations of employers and workers. It further stated that copies of reports and questionnaires are forwarded to the respective organizations for their comments. The Committee asks the Government to indicate whether consultations took place with the representative organizations for the purpose of establishing effective tripartite consultation procedures within the meaning of the Convention.
3. Article 4, paragraph 2. Training. The Committee asks the Government to provide information on the arrangements made or envisaged for the financing of any necessary training of participants in the consultative procedures.
4. Article 5, paragraph 1. Tripartite consultations required under the Convention. Please provide detailed information on the tripartite consultations held on each of the subjects listed in Article 5, paragraph 1, of the Convention, and indicate any reports or recommendations made as a result of the consultations. Please also include information on the frequency of such consultations and the nature of any reports or recommendations made as a result of the consultations.
5. Article 6. Working of the consultative procedures. The Committee asks the Government to indicate whether consultations have been held with the representative organizations on “the working of the procedures” and, if so, to give particulars of the decisions adopted. Please supply copies of reports issued as a result of the consultations.
[The Government is asked to reply in detail to the present comments in 2008.]
The Committee notes with regret 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 2003 direct request, which read as follows:
1. The Committee notes the Government’s first report on the application of the Convention, received in July 2003. The Government indicates in its report that the procedures through which effective consultations are ensured consist of written communications through the representative organizations of employers and workers. It further states that copies of the reports and questionnaires are forwarded to the respective organizations for their comments. The Committee asks the Government to indicate if consultation took place with the representative organizations for the purpose of establishing these arrangements, as required by Article 2, paragraph 2, of the Convention.
2. Article 4. The Committee would appreciate receiving information on the arrangements made or envisaged for the financing of any necessary training of participants in the consultative procedures (paragraph 2).
3. Please also provide detailed information on the consultations held during the reporting period on each of the subjects listed in Article 5, paragraph 1, of the Convention, and indicate any reports or recommendations made as a result of the consultations. Please also include information on the frequency of such consultations and the nature of any reports or recommendations made as a result of the consultations (Article 5, paragraph 2).
4. Article 6. The Committee asks the Government to indicate in its next report whether consultations have been held with the representative organizations on “the working of the procedures” provided for in the Convention and, if so, to give particulars of the decisions adopted and to supply copies of any reports issued as a result.
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 2003 direct request, which read as follows:
2. Article 4. The Committee would appreciate receiving information on the arrangements made or envisaged for the financing of any necessary training of participants in the consultative procedures (Paragraph 2).
4. Article 6. The Committee asks the Government to indicate in its next report whether consultations have been held with the representative organizations on "the working of the procedures" provided for in the Convention and, if so, to give particulars of the decisions adopted and to supply copies of any reports issued as a result.