Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) - South Africa (Ratification: 2003)

1. The Committee notes the Government’s first report on the application of the Convention received in September 2005. The report contains detailed and comprehensive information on the consultations held at various levels and on different matters, including employment conditions, employment equity and economic and social policies. The Government refers to the activities carried out by the National Economic Development and Labour Council (NEDLAC), which is composed of representatives of the organizations of employers and workers, as well as representatives of the organized community and development interests. The Committee invites the Government to indicate in its next report how NEDLAC is involved in the consultations required by the Convention. In this respect, the Committee recalls that the consultation procedures must be effective, that is, they must provide employers’ and workers’ organizations with an opportunity to express their views usefully on all the matters covered by the Convention (Article 2 of the Convention).

2. The Committee notes that the reports prepared under articles 19 and 22 of the Constitution are submitted to the social partners for their comments and contribution in terms of article 23. The Government further states that, as part of the process of considering whether to ratify a Convention or not, input is requested from the social partners. Consultation is achieved despite not physically holding a meeting. The Committee therefore asks the Government to give particulars of the consultations held on each of the matters referred to below, including information as to the frequency of such consultations and the nature of any reports or recommendations made as a result of them (Article 5). The Committee recalls that certain of the matters covered (replies to questionnaires, submissions to Parliament, reports to be made to the ILO) imply annual consultation, while others (re-examination of unratified Conventions and Recommendations, proposals for the denunciation of ratified Conventions) require less frequent examination.

(a)   Items on the agenda of the Conference. Under 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 Parliament of Conventions and Recommendations. On this matter, the Convention goes beyond the obligation set out in article 19 of the ILO Constitution by calling upon the Government to consult the representative organizations before finalizing the proposals to be submitted to Parliament in relation to the obligation to submit the instruments adopted by the Conference.

(c)   Re-examination of unratified Conventions and of Recommendations. Tripartite consultations on this subject are intended to promote the implementation of international labour standards by enabling the Government to envisage, in the light of changes in national law and practice, measures which could be taken with a view to facilitating the ratification of a Convention or the application of a Recommendation to which it was not possible to give effect at the time of their submission.

(d)   Reports on ratified Conventions. This provision goes beyond the obligation set out in article 23, paragraph 2, of the Constitution to communicate reports; it consists of undertaking consultations on the problems which may arise in the reports due under article 22 on the application of ratified Conventions; in general, these consultations concern the contents 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 when it envisages denouncing a ratified Convention.

3. The Committee notes that the report on the NEDLAC activities forwarded by the Government does not refer to the consultations covered by the Convention. It invites the Government to indicate in its next report the manner in which administrative support and financing of any necessary training of participants is ensured in accordance with Article 4. It further recalls that, in accordance with Article 6, the Government is under the obligation to consult the representative organizations of employers and workers on the necessity of issuing an annual report on the working of the procedures provided for in the Convention. The Committee asks the Government to give particulars in its next report of the consultations that have taken place on this question and their outcome.