Labour Clauses (Public Contracts) Convention, 1949 (No. 94) - Cameroon (RATIFICATION: 1962)

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Article 2. Inclusion of labour clauses in public contracts. In its previous comment, the Committee requested the Government to take the necessary measures (legislative, administrative or others) for the inclusion in all public contracts to which the Convention is applicable of labour clauses consistent with the requirements of Article 2 of the Convention and for the enforcement of such clauses in the manner prescribed by Articles 4 and 5 of the Convention. The Committee notes with interest the Government’s indication that the Public Procurement Code was revised by Decree No. 2018/366 of 20 June 2018, and that 12 out of 19 implementing texts have been finalized with the cooperation of the sectoral administrations. It also notes that three other Orders were signed on 21 October 2019 by the Minister Delegate at the Presidency in charge of public procurement. These Orders set, respectively, the nature and the thresholds of the markets reserved for crafts workers (artisans), small and medium-sized enterprises, grassroots, community-based organizations and civil society organizations and the terms of their application; thresholds for the use of private project management and the terms for exercising public project management; and ceilings for the indemnities paid by the project managers and the delegated project managers to the presidents, members and rapporteurs of the committees for monitoring and verification. The Government indicates in its report that the new Public Procurement Code incorporates the provisions of the Convention in sections 88(1), 124, 55(2)(c)–(f), 57(1)(b), 158(f) and 192. The Committee notes that section 57(1)(b) of the new Code provides that “the conditions for the performance of public contracts must include social, economic and environmental considerations, likely to promote local labour and decent work and, where appropriate, to achieve the objectives of sustainable development. This refers particularly to “the introduction into the market of clauses stipulating respect of labour standards ratified by Cameroon”. In this context, the Committee refers to paragraph 117 of the 2008 General Survey concerning labour clauses in public contracts, in which it highlights that the Convention does not relate to some general eligibility criteria, or prequalification requirements, of individuals or enterprises bidding for public contracts but requires a labour clause to be expressly included in the actual contract that is finally signed by the public authority and the selected contractor. It also notes that a labour clause has to constitute an integral part of the actual contract signed by the selected contractor and that the insertion of labour clauses in tender documents, such as the general conditions or specifications, even though required under the terms of Article 2, paragraph 4, of the Convention, does not suffice to give effect to the basic requirement of the Convention set out in Article 2, paragraph 1. The Committee requests the Government to provide information on the content and impact of the new legislation to enable it to evaluate its compatibility with the requirements of the Convention. In addition, the Committee requests the Government to provide detailed and up-to-date information concerning the application in practice of the Convention and to provide copies of recent public contracts in which labour clauses have been inserted in conformity with the requirements of the new Public Procurement Code, particularly section 57(1)(b).

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The Committee notes the observations of the General Union of Workers of Cameroon (UGTC), received on 17 October 2016, and the Government’s reply, received on 15 February 2017.

Article 1 of the Convention. Scope of application of the Convention. In its previous comments, the Committee noted the Government’s indication that the Public Contracts Code was undergoing revision. The Government indicates in its report that the current legislation in Cameroon does not provide for any exemptions from the application of the Convention. However, it adds that sections 30 and 31 of the Public Contracts Code provide for exceptions, including for contracts relating to national defence, security and the strategic interests of the State. The Committee recalls that the Convention does not envisage any exception of this nature. The Committee trusts that the process of the revision of the Public Contracts Code will be completed rapidly. It requests the Government to provide the Office with a copy of the Public Contracts Code once it has been adopted.

Article 2. Inclusion of labour clauses in public contracts. In its previous comments, the Committee requested the Government to take the necessary measures to ensure the inclusion in all public contracts to which the Convention is applicable of labour clauses in accordance with Article 2 of the Convention and for the enforcement of such clauses in the manner prescribed by Articles 4 and 5 of the Convention. In this context, the Committee notes the observations of the UGTC indicating that no measures have been taken to ensure the inclusion of labour clauses in all public contracts to which the Convention is applicable. In its reply to these observations, the Government indicates that it is aware of the existence of these shortcomings in public contracts. However, it adds that certain measures have been taken for the introduction of provisions respecting the protection of workers. With reference to its previous comments, the Committee once again recalls its General Survey of 2008 on labour clauses in public contracts, paragraph 45, in which it considered that the mere fact that the general labour legislation is applicable to all workers does not release States that have ratified the Convention from their obligation to take the necessary measures to ensure that public contracts, whether for construction works, the manufacture of goods or the supply of services, include the labour clauses provided for in Article 2(1) of the Convention. This is because the general labour legislation only establishes minimum standards, which are often improved by means of collective bargaining or arbitration awards. If this is the case, under the Convention, the workers concerned must enjoy working conditions which are at least aligned with the most advantageous conditions set through collect agreement or arbitral award. The terms of the labour clauses must be determined after consultation with the employers’ and workers’ organizations concerned (Article 2(3)), must be brought to the knowledge of tenderers in advance of the selection process (Article 2(4)) and notices informing workers of their conditions of work must be posted at the workplace (Article 4(a)(iii)). The Committee once again requests the Government to take the necessary measures (legislative, administrative or others) for the inclusion in all public contracts to which the Convention is applicable of labour clauses consistent with the requirements of Article 2 of the Convention and for the enforcement of such clauses in the manner prescribed by Articles 4 and 5 of the Convention.

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Article 2 of the Convention. Insertion of labour clauses in public contracts. Further to its previous comments, the Committee notes the Government’s indication that while the revision of the Public Contracts Code is still ongoing, new texts have been adopted to improve the efficiency of public procurement operations, including Decree No. 2012/075 of 8 March 2012 on the organization of the Ministry of Public Procurement; Decree No. 2012/074 of 8 March 2012 on the establishment and functioning of Public Procurement Committees; Decree No. 2012/076 of 8 March 2012 amending Decree No. 2001/048 of 23 February 2001 on the establishment and functioning of the Public Procurement Regulation Agency (ARMP); and Circular No. 001/CAB/PR of 19 June 2012 concerning the award and control of execution of public contracts. The Committee observes, however, that none of these documents contains any provision concerning the labour conditions applicable to persons engaged in the execution of public contracts.

In addition, the Committee notes the Government’s reference to the provisions of the Labour Code relating to wages and safety and health at the workplace as being the relevant provisions to be referenced in public contracts. In this connection, the Committee recalls paragraph 45 of its General Survey of 2008 on labour clauses in public contracts, in which it pointed out that the mere fact that the general labour legislation is applicable to public contractors does not release the Government from its obligation to draft and include appropriate labour clauses of the type provided for in Article 2(1) of the Convention in all public contracts, whether for construction works, manufacture of goods or supply of services. This is because the general labour legislation only establishes minimum standards, which are often improved by means of collective bargaining or arbitration awards. If this is the case, under the Convention, the workers concerned must enjoy working conditions which are at least aligned to most advantageous conditions set through collective agreement or arbitral award. The terms of the labour clauses must be determined after consultation with the employers’ and workers’ organizations concerned (Article 2(3)), must be brought to the knowledge of tenderers in advance of the selection process (Article 2(4)) and notices informing the workers of their conditions of work must be posted at the workplace (Article 4(a)(iii)). The Committee therefore asks again the Government to take the necessary measures – legislative, administrative or others – for the insertion in all public contracts covered by this Convention of labour clauses consistent with the requirements of Article 2 of the Convention and for the enforcement of such clauses in the manner prescribed by Articles 4 and 5 of the Convention.

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Article 2 of the Convention. Inspection of labour clauses in public contracts. The Committee refers to its previous comments and observes that the Government provides no fresh information other than that a new Government Procurement Ministry has been established to be responsible for updating procurement legislation, and, in particular, for drawing up a new Public Procurement Code to replace the present one, adopted in 2004.

Recalling that the Government in the report submitted in 2009 stated that validation of the preliminary draft of the Public Procurement Code was under way, the Committee points out that the provisions of the new code must prescribe that labour clauses must be included as an integral part of public contracts to ensure that workers employed in enterprises performing public contracts enjoy the same working conditions as those established for work of the same character in the trade or industry concerned in the district where the work is carried on. Furthermore, the terms of the clauses and any variations thereof must be determined by the competent national authority after consultation with the organizations of employers and workers concerned, in accordance with Article 2(3) of the Convention. The Committee wishes to point out, in this connection, that not only must public contracts include labour clauses (Article 2), but the legislation must require the posting of notices in conspicuous places at workplaces in order to inform the workers of their conditions of work (Article 4(a)(iii)) and prescribe adequate sanctions either by the withholding of contracts or by the withholding of payments due under the contract (Article 5). Accordingly, the Committee asks the Government without further delay to take the necessary steps – either in the course of revising the Public Procurement Code or through administrative measures taken by the Public Procurement Regulation Agency (ARMP) – to ensure the inclusion in all public contracts to which the Convention applies of labour clauses ensuring that workers employed in the performance of such contracts have wages and other conditions of labour which are at least as favourable as the best minimum standards established in the same district by collective agreement, arbitration award or national laws or regulations for work of the same character carried on in the same branch of activity, as required by Article 2 of the Convention. It also requests the Government to keep the Office informed of any progress in the revision of the 2004 Public Procurement Code and to send a copy of the new text as soon as it has been adopted.

[The Government is asked to reply in detail to the present comments in 2013.]

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Article 2 of the Convention. Labour clauses. The Committee notes the adoption of Order No. 033/CAB/PM of 13 February 2007 issuing the General administrative terms and conditions applicable to public contracts (CCAG) and the Prime Minister’s Circular No. 003/CAB/PM of 18 April 2008, concerning compliance with regulations pertaining to Government procurement, enforcement and monitoring. It notes in particular the CCAG applicable to public contracts, section 14.1 of which refers to the employer’s obligations to protect the labour force and comply with the social legislation in force. The same section stipulates that the rules for application of these texts shall be established by the Special administrative terms and conditions (CCAP). In this respect, the Committee notes that the regulations established by the CCAG are drafted in very general terms and do not comply with the specific requirements of Article 2 of the Convention. The Committee recalls that Article 2 of the Convention requires the inclusion of clauses ensuring that workers in enterprises involved in public contracts enjoy the same working conditions as those established for work of the same character in the trade or industry concerned in the district where the work is carried on. The main aim of the Convention is therefore to guarantee that workers employed by an enterprise and paid indirectly from public funds enjoy – thanks to the inclusion of appropriate labour clauses in public contracts – wages and working conditions that are at least as favourable as wages and working conditions normally assured for the type of work in question, especially when the statutory minimum working conditions are exceeded by collective agreements or specific agreements. While noting that the Government states that it intends bringing its legislation in line with the Convention, the Committee asks the Government once again to take steps in the very near future to bring the legislation concerning public contracts in conformity with the provisions of the Convention, especially Articles 2 (inclusion of labour clauses), 4(a)(iii) (notices in workplaces) and 5 (withholding of contracts or of payments). It also requests the Government to keep the Office informed of any developments concerning the drafting of the new Public Contracts Code, and to include a copy of the text of the CCAP in its next report.

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Article 2 of the Convention. Labour clauses. Referring to its previous observation and to the comments made in 2006 by the General Union of Workers of Cameroon (UGTC), the Committee notes that the Government merely indicates that the failure by employers to comply strictly with the provisions of collective agreements is a recurring problem and that labour inspectors monitor the application of regulations and agreements in enterprises or on site and, if necessary, impose penalties on recalcitrant employers. With regard to the social security coverage of workers engaged in the execution of public contracts, the Government indicates that it has initiated a process of modernization of the social security system and that a draft Public Contracts Code is in the process of being drawn up.

The Committee recalls that for many years it has been commenting on legislation, such as Decree No. 86/903 of 1986 governing public contracts, Decree No. 95/101 of 1995 regulating public contracts and, more recently, Decree No. 2004/275 of 2004 issuing the Public Contracts Code, which do not give effect to Article 2 of the Convention that requires the inclusion of clauses ensuring to workers in enterprises involved in public contracts the same working conditions as those established for work of the same character in the trade or industry concerned in the district where the work is carried on. Furthermore, referring to the Public Contracts Code of 2004, the Committee requested the Government to take prompt action to ensure that full effect is given to the provisions of Article 4(a)(iii) (notices in workplaces) and Article 5 (withholding of contracts or of payments) of the Convention. The Committee urges the Government to take the necessary measures to finally bring its legislation into conformity with the Convention. It also requests the Government to keep the Office informed of any developments relating to the drafting of the new Public Contracts Code.

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The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

The Committee notes that, in reply to the comments made in 2006 by the General Union of Cameroon Workers (UGTC), the Government merely states the procedure followed by the inspection services when a dispute is brought before them. It also notes that, according to the Government, the inspectors can only act if they are informed of a dispute of this type and that the workers must act as the link to the labour inspectorate in enterprises. The Committee is bound to observe that this extremely brief report of the Government does not reply to the UGTC allegations, according to which, in most cases, the employers do not pay the wages provided for by the collective agreement of the sector concerned, and workers engaged in the execution of public contracts do not have any social security protection. The Committee requests the Government to reply in detail to its previous comment on this point and on the other issues raised.

The Committee also draws the Government’s attention to its 2008 General Survey on labour clauses in public contracts, which gives an overview of law and practice in this field in the member States and provides an evaluation of the impact and current relevance of Convention No. 94.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

For all useful purposes, the Committee attaches herewith a copy of a Practical Guide, prepared by the Office principally on the basis of the abovementioned General Survey, to help better understand the requirements of the Convention and ultimately improve its application in law.

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The Committee notes that, in reply to the comments made by the General Union of Cameroon Workers (UGTC), the Government merely states the procedure followed by the inspection services when a dispute is brought before them. It also notes that, according to the Government, the inspectors can only act if they are informed of a dispute of this type and that the workers must act as the link to the labour inspectorate in enterprises. The Committee is bound to observe that this extremely brief report of the Government does not reply to the UGTC allegations, according to which, in most cases, the employers do not pay the wages provided for by the collective agreement of the sector concerned, and workers engaged in the execution of public contracts do not have any social security protection. The Committee requests the Government to reply in detail to its previous comment on this point and on the other issues raised.

The Committee also draws the Government’s attention to the General Survey which it conducted this year on labour clauses in public contracts, which gives an overview of law and practice in this field in the member States and provides an evaluation of the impact and current relevance of Convention No. 94.

[The Government is asked to reply in detail to the present comments in 2008.]

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The Committee notes the adoption of Decree No. 2004/275 of 24 September 2004 relating to the regulation of public contracts which repeals Decree No. 95/101 of 9 June 1995.

Article 4(a)(iii) of the Convention. The Committee notes the Government’s indication that only internal regulations referring to the technical organization of work, disciplinary standards and safety and hygiene, at the exclusion of remuneration details, must be posted at the workplace. It wishes to draw the Government’s attention to the fact that this Article of the Convention lays down an unqualified obligation for contractors to post notices in conspicuous places at the workplaces concerned informing the workers of their conditions of work, notably their wage conditions. The Committee requests therefore the Government to take prompt action to ensure that full effect is given to this provision of the Convention.

Article 5. The Committee notes the Government’s reference to sections 166 et seq. of the Labour Code concerning sanctions for infringements of the general labour legislation. The Committee recalls in this respect that one of the reasons for using labour clauses in public contracts is that the provision of penalties, such as the withholding of payments to the contractor, makes it possible to impose more directly effective sanctions in case of infringements. In fact, the withholding of payments constitutes an additional safeguard for the workers concerned even when normal judicial proceedings are available for recovering wages due to them. The Committee asks therefore the Government to specify whether the new public procurement legislation makes provision for sanctions, such as the withholding of contracts or the withholding of payments, for failure to observe the provisions of labour clauses.

Article 6 and Part V of the report form. The Committee notes that the Government intends to communicate copies of public contracts in due course. Recalling that no information has been received in recent years concerning the practical application of the Convention, the Committee trusts that the Government will make an effort to collect and forward all relevant information, including for instance copies of public contracts containing labour clauses, available statistics on the average number of contracts awarded per year and the approximate number of workers covered by the Convention, labour inspection reports, copies of official documents or studies addressing labour matters in public procurement, etc.

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The Committee has been commenting for more than 30 years on the need to adopt specific measures to ensure that labour clauses constitute an integral part of public contracts. The Committee notes the adoption of Decree No. 2004/275 of 24 September 2004 relating to the regulation of public contracts and regrets that the new public procurement legislation continues to be inconsistent with the basic requirements of the Convention.

The Committee notes that section 80 of the latest enactment, which provides that “tenderers shall undertake in their bids to comply with all laws and regulations and all clauses of collective agreements relating, among other matters, to wages, conditions of work, safety and health and welfare of the workers concerned”, merely reproduces the provisions of Decree No. 95/101 of 9 June 1995 and Decree No. 86/903 of 18 July 1986 that the Committee had previously considered to fall short of implementing the Convention. The Committee draws the Government’s attention to the fact that the Convention does not relate to some general eligibility criteria, or prequalification requirements, of individuals or enterprises bidding for public contracts, but requires the “most favourable employment conditions clause” to be expressly included in the actual contract that is finally signed by the public authority and the selected contractor.

The Committee attaches herewith a copy of an explanatory note prepared by the International Labour Office for the purpose of providing guidance to member States concerning the aims and purpose of this Convention. The note includes also a model text illustrating one of several ways in which legislative conformity with the Convention may be ensured. While recalling that the Office can provide technical assistance and expert advice if the Government so wishes, the Committee asks the Government to take without further delay all the necessary measures in order to apply effectively the Convention in both law and practice.

Moreover, the Committee notes the observations of the General Workers’ Union of Cameroon (UGTC), according to which, in most cases, contractors do not apply the wage scales provided for in the industry-wide collective agreements, while workers engaged in the execution of public contracts do not enjoy any social security protection. The Committee requests the Government to transmit its reply to the UGTC’s comments so that it may examine these points at its next meeting.

The Committee is also addressing a request directly to the Government concerning certain points.

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The Committee notes the adoption of Decrees No. 95/101 of 9 June 1995 regulating public contracts and No. 2000/156 of 30 June 2000 amending and supplementing the provisions of Decree No. 95/102 of 9 June 1995 establishing the functions, organization and operation of public contracts committees, which repeal Decree No. 86/903 of 18 July 1986 regulating public contracts. The Committee asks the Government to provide further information on the following points.

Article 4(a)(iii) of the Convention. The Committee notes that, in its report, the Government refers to section 50 of the Labour Code (Act No. 92/007 of 14 August 1992), which provides that a contractor must place on permanent display in every workshop, shop or worksite where he has work executed, his name, first name, address, trade, the name and address of the employer who has hired him, and the hours of work, and that such display is compulsory even if the work is carried out in the workshops, shops or worksites of the employer. The Committee notes that this provision of the Labour Code is not relevant to Article 4(a)(iii) of the Convention, which requires notices to be posted in conspicuous places at the establishments and workplaces concerned with a view to informing the workers of their conditions of work, including wage rates and hours of work. The Committee therefore asks the Government to indicate the measures taken or contemplated to give effect to these provisions.

Article 5. The Committee asks the Government to indicate the provisions establishing penalties for failure to observe and apply labour clauses, and the measures taken to enable the workers concerned to obtain the wages to which they are entitled.

Part V of the report form. The Committee notes from the Government’s report that no inspection reports dealing with public contracts are available. It asks the Government to supply information on the practical effect given to the Convention and to send copies of public contracts containing labour clauses. The Committee also hopes that the Government will be in a position in the future to obtain reports concerning public contracts from the inspection services or other supervisory bodies and to send extracts from them.

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The Committee notes the information provided by the Government in its report, and in particular the adoption of Decree No. 95/101 of 9 June 1995 issuing regulations respecting public contracts and Decree No. 2000/156 of 30 June 2000 amending and supplementing certain conditions of Decree No. 95/102 of 9 June 1995 determining the functions, organization and operation of public contract commissions, which repeal Decree No. 86/903 of 18 July 1986 issuing regulations respecting public contracts.

In its previous comments, the Committee emphasized the need to amend the legislation to bring it into conformity with Article 2, paragraph 1, of the Convention. In its reply, the Government states that, even though the documents of public contracts do not indicate clearly that the workers concerned benefit from the same wages, conditions of work, safety, health and welfare as their colleagues working under private contracts and exercising the same activity in the same region, this is merely a problem of wording. In practice, labour inspectors visiting the construction sites of public buildings, for example, apply precisely the laws and regulations that are in force and the provisions of the national collective agreement for construction enterprises and public works.

The Committee notes that section 15(1) of Decree No. 95/101 above, which provides that "tendering enterprises shall undertake in their bids to comply with all laws and regulations and all clauses of collective agreements relating, among other matters, to wages, conditions of work, safety, health and welfare of the workers concerned" merely repeats the provisions of section 18(1) of Decree No. 86/903 of 18 July 1986, which it repeals. The Committee is bound to recall that, since the adoption of this latter Decree, it has been drawing the Government’s attention to the fact that the Decree, and particularly section 18, does not give effect to the Convention. The Committee is therefore bound once again to recall that, in accordance with Article 2, paragraph 1, of the Convention, it is not sufficient for enterprises submitting bids to undertake in their bid to guarantee workers the same conditions of work as those established for work of the same nature in the trade or industry concerned in the same region, by collective agreement, arbitration award or national laws or regulations, but that clauses to this effect must be included in the final contracts concluded by the public authority. The Committee recalls that the objective of the inclusion of labour clauses in public contracts is to ensure that the wages, hours of work and other conditions of work of the workers concerned cannot be less favourable than whichever of the most favourable of the three alternatives prescribed by the Convention, namely collective agreements, arbitration awards or national laws or regulations.

The Committee once again hopes that the Government will soon take the necessary measures to bring its laws and regulations into conformity with the Convention on this point, on which it has been commenting for many years, and it requests the Government to indicate in its next report any progress achieved in this respect.

The Committee is also addressing a request directly to the Government concerning certain points.

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The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which reads as follows:

Further to its previous observation, the Committee notes the Government’s statement to the effect that the necessary measures to bring the legislation into conformity with the provisions of the Convention are in progress. The Government also indicates that it has accepted the suggestion to consider requesting ILO assistance in adopting the necessary legislation to apply the Convention.

The Committee recalls that section 18 of Decree No. 86/903 of 18 July 1986 governing public contracts, which provides that enterprises submitting tenders must undertake in their bid to comply with all legislative, regulatory or collective agreement provisions relating to wages, working conditions, safety, health and welfare of the workers concerned, does not implement Article 2 of the Convention requiring the inclusion of clauses guaranteeing to workers in enterprises involved in public contracts the same working conditions as those for work of the same character in the trade or industry concerned in the nearest appropriate district.

The Committee hopes that the Government will adopt the necessary measures to bring its legislation into conformity with the Convention. It requests the Government to indicate all measures taken or envisaged in this regard, including contact made with the ILO in regard to the possibility of technical assistance.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

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Further to its previous observation, the Committee notes the Government's statement to the effect that the necessary measures to bring the legislation into conformity with the provisions of the Convention are in progress. The Government also indicates that it has accepted the suggestion to consider requesting ILO assistance in adopting the necessary legislation to apply the Convention.

The Committee recalls that section 18 of Decree No. 86/903 of 18 July 1986 governing public contracts, which provides that enterprises submitting tenders must undertake in their bid to comply with all legislative, regulatory or collective agreement provisions relating to wages, working conditions, safety, health and welfare of the workers concerned, does not implement Article 2 of the Convention requiring the inclusion of clauses guaranteeing to workers in enterprises involved in public contracts the same working conditions as those for work of the same character in the trade or industry concerned in the nearest appropriate district.

The Committee hopes that the Government will adopt the necessary measures to bring its legislation into conformity with the Convention. It requests the Government to indicate all measures taken or envisaged in this regard, including contact made with the ILO in regard to the possibility of technical assistance.

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The Committee notes with regret that the Government's report contains no reply to previous comments. It must therefore repeat its previous observation on the following points:

The Committee takes note of the information contained in the Government's last report to the effect that it would adopt the necessary measures to bring the legislation into conformity with the provisions of the Convention. The Committee recalls that it suggested that the Government consider the possibility of requesting ILO assistance to adopt the necessary legislation to apply the Convention. The Committee asks the Government to continue to indicate the measures taken in this respect and hopes that the legislation necessary to apply the Convention will be adopted in the near future.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

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The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation on the following points:

The Committee takes note of the information contained in the Government's last report to the effect that it would adopt the necessary measures to bring the legislation into conformity with the provisions of the Convention. The Committee recalls that it suggested that the Government consider the possibility of requesting ILO assistance to adopt the necessary legislation to apply the Convention. The Committee asks the Government to continue to indicate the measures taken in this respect and hopes that the legislation necessary to apply the Convention will be adopted in the near future.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

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The Committee notes with regret that the Government's report contains no reply to previous comments. It must therefore repeat its previous observation on the following points:

The Committee takes note of the information contained in the Government's last report to the effect that it would adopt the necessary measures to bring the legislation into conformity with the provisions of the Convention. The Committee recalls that it suggested that the Government consider the possibility of requesting ILO assistance to adopt the necessary legislation to apply the Convention. The Committee asks the Government to continue to indicate the measures taken in this respect and hopes that the legislation necessary to apply the Convention will be adopted in the near future.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

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The Committee takes note of the information contained in the Government's report to the effect that it will adopt the necessary measures to bring the legislation into conformity with the provisions of the Convention.

The Committee recalls that it suggested that the Government consider the possibility of requesting ILO assistance to adopt the necessary legislation to apply the Convention. The Committee asks the Government to continue providing information on the measures taken in this respect and hopes that the legislation necessary to apply the Convention will be adopted in the near future.

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The Committee notes Decree No. 86/903 of 18 July 1986 regulating public contracts and, in particular, section 18 of the above Decree which provides that enterprises tendering for contracts must undertake in their tender to abide by all the legislative provisions and regulations and the provisions of collective agreements concerning the wages, working conditions, safety, health and welfare of the workers concerned. The Committee recalls that Article 2 of the Convention concerns the inclusion of clauses ensuring the same conditions of labour as those established for work of the same character in the trade or industry concerned in the same region, to workers employed in enterprises which have entered into public contracts for the purchase of materials, supplies or equipment or for the performance or supply of services. Consequently, the provisions of Decree No. 86/903 do not give effect to the Convention.

The Committee hopes that the Government will take the necessary steps to bring its legislation into conformity with the Convention. Furthermore, it suggests that the Government make contact with the ILO, which could offer it the necessary support for the enactment of legislation to implement the Convention; it requests the Office to send the Government the explanatory note that it has prepared indicating the types of measures that may apply in various situations for the implementation of the Convention.