Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) - Aruba

The Committee notes with regret that the Government’s report has not been received.

The Committee takes note of the denunciation, recorded on 19 June 2002, of the acceptance of the obligations of the Labour Inspection (Agriculture) Convention, 1969 (No. 129), on behalf of Aruba. As the Committee already recalled in its observation of 1999, proposals regarding the denunciation of ratified Conventions must, under Article 5, paragraph 1(e), of the Convention, be subject to consultations and that under Article 2, paragraph 1, the procedures must ensure "effective" consultations, that is, consultations able to influence the decision by the Government. In its General Survey on tripartite consultation the Committee pointed out that, to be effective, consultations must be held prior to the Government’s final decision (paragraph 31). The Committee expressed regret that the representative workers’ organizations were able to voice their reservations regarding denunciation of the acceptance of the obligations of Convention No. 129 on Aruba’s behalf only by submitting observations on the Government’s report on the application of the Convention transmitted to them by the Government pursuant to articles 23, paragraph 2, and 35, paragraph 6, of the ILO Constitution. The Committee trusts that the Government will take due account of its comments so as ensure that, in future, the items listed in Article 5, paragraph 1, of the Convention are subject to effective consultations, in particular within Aruba’s tripartite committee on matters regarding ILO activities. Lastly, the Committee asks the Government to provide in its next report all the information required by the report form under Articles 5 and 6 and Parts V and VI.