Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) - Côte d'Ivoire (Ratification: 1987)

The Committee notes the observations of the Federation of Autonomous Trade Unions of Côte d’Ivoire (FESACI), received on 30 August 2016.

Article 5(1) of the Convention. Effective tripartite consultations. The Government indicates in its report that the order appointing the members of the tripartite committee on ILO matters has not yet been adopted. However, it adds that the most representative organizations of employers and workers are consulted regularly on these matters. The Government explains in this respect that meetings are initiated prior to the International Labour Conference by the Ministry of Labour concerning the items on the agenda of the Conference. However, the Committee notes that no additional information has been provided in relation to the other matters covered by Article 5(1) of the Convention. The FESACI recalls in its observations that the member States of the ILO are required, under the terms of the ILO Constitution, to communicate to the most representative organizations of employers and workers copies of the reports communicated to the ILO. These reports have to be sent to the Office between 1 June and 1 September each year. In its observations, the FESACI indicates that it has been denied the right to make known its views on these reports. The Committee notes that the Government’s report was received by the Office on 21 October 2016. The Committee recalls that, “to be ‘effective’, consultations must take place before final decisions are taken, irrespective of the nature or form of the procedures adopted. … The effectiveness of consultations thus presupposes in practice that employers’ and workers’ representatives have all the necessary information far enough in advance to formulate their own opinions. It should be emphasized that the mere communication of information and reports transmitted to the Office under article 23, paragraph 2, of the Constitution does not in itself meet the obligation to ensure effective consultations since, by that stage, the Government’s position will already be final” (see the General Survey on tripartite consultation, 2000, paragraph 31). The Committee requests the Government to provide specific information on the content and outcome of the tripartite consultations held on all of the matters relating to international labour standards covered by the Convention, including questionnaires concerning items on the agenda of the Conference (Article 5(1)(a)), the proposals to be made in connection with the submission of instruments adopted by the Conference to the National Assembly (Article 5(1)(b)), the re-examination at appropriate intervals of unratified Conventions and of Recommendations to which effect has not yet been given (Article 5(1)(c)), reports to be made on the application of ratified Conventions (Article 5(1)(d)) and proposals for the denunciation of ratified Conventions (Article 5(1)(e)). The Committee also requests the Government to provide information on the adoption of the order appointing the members of the tripartite committee on ILO matters, and information on the activities of the committee relating to international labour standards.