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

Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) - Panama (Ratification: 2015)

Article 2 of the Convention. Appropriate procedures. The Committee welcomes the Government’s detailed first report on the application of the Convention. The Government indicates that tripartite consultations on the matters relating to international labour standards covered by the Convention have been held through written communications with the National Council of Private Enterprise (CONEP) (the employers’ organization) and with the workers’ organizations, namely the National Council of Organized Workers (CONATO) and the National Confederation of United Independent Unions (CONUSI). Nevertheless, the Government does not indicate whether or not the adoption of that procedure was the subject of prior consultations with the most representative employers’ and workers’ organizations. In this regard, the Committee recalls that Paragraph 2(3) of the Tripartite Consultation (Activities of the International Labour Organisation) Recommendation, 1976 (No. 152), sets out the different possible ways in which member States can ensure the effective tripartite consultations required by the Convention. Paragraph 2(3)(d) of the Recommendation provides that consultations may be undertaken through written communications, “where those involved in the consultative procedures are agreed that such communications are appropriate and sufficient” (see also the General Survey on tripartite consultation, 2000, paragraph 71). On the other hand, the Committee notes that, further to an ILO technical mission, the Harmonization Committee was set up under the Panama Tripartite Agreement of 1 February 2012. The Government indicates that tripartite consultations were held in the abovementioned committee regarding harmonization and standards development in relation to the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), and also regarding the other Conventions ratified by Panama. Nevertheless, in its comments of 2015 on the application of Convention No. 98, the Committee noted that the objective of the Harmonization Committee was to seek forms of consensus to bring the national legislation into harmony with Conventions Nos 87 and 98. The Committee requests the Government to indicate the role of the Harmonization Committee in the consultations required by the Convention, which should cover all the matters referred to in Article 5(1) of the Convention. The Committee also requests the Government to indicate whether the written consultation procedure used by the Ministry of Labour and Labour Development was the subject of prior consultations with the social partners.

Article 4(2). Training. The Government refers to the adoption of administrative measures by the Ministry of Labour and Labour Development to finance training in the labour field for representatives of employers’ and workers’ organizations. Accordingly, the Government states that through the Panamanian Institute of Labour Education (IPEL) and in accordance with Act No. 74 of 20 September 1973, training is being provided concerning international standards relating to social dialogue and consultation. Moreover, the Government refers to the International Technical Cooperation Programme (DEVCO), sponsored by the European Union and coordinated by the ILO Subregional Office for Central America, the Dominican Republic, Haiti and Panama. Under this programme, members of the most representative employers’ and workers’ organizations and civil servants responsible for the application of the legal instruments ratified by Panama receive training in areas such as tripartite consultation and freedom of association. The Committee requests the Government to provide detailed information on the technical assistance received by representatives of employers’ and workers’ organizations who participate in the consultations held within the Harmonization Committee.

Article 5. Effective tripartite consultations. The Committee notes with interest the detailed information supplied by the Government in its report regarding the tripartite consultations held with the social partners in 2015 and 2017 on the subjects covered by the Convention. Among other things, the Government indicates that consultations were conducted in writing on questionnaires concerning items on the agenda of the International Labour Conference and the proposals made to the competent authority in connection with the submission of Conventions and Recommendations. With regard to consultations concerning reports on ratified Conventions, the Government indicates that in 2015 and 2016 the reports were sent to the employers’ and workers’ organizations at the same time as to the ILO. However, in 2017 such reports were drawn up in written consultation with the social partners. In this regard, the Committee recalls that, in order to be “effective”, consultations must take place before final decisions are taken, irrespective of the nature or form of the procedures adopted. The important factor here is that the persons consulted should be able to put forward their opinions before the government takes its final decision. 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 and make any comments that they consider appropriate. The Committee also recalls that consultations must be held during the preparation of the reports. Hence, where written consultations are concerned, the government should send to the representative organizations a draft report in order to gather their opinions before preparing its definitive report (see General Survey of 2000 on tripartite consultation, paragraphs 31 and 93). The Committee requests the Government to continue providing up-to-date information on the content and outcome of the tripartite consultations held on all the matters relating to international labour standards covered by the Convention. In addition, with regard to the procedures required by the Convention, the Committee trusts that the Government will continue its efforts to establish an adequate time frame to give employers’ and workers’ organizations sufficient notice to form their opinions and make any comments that they consider appropriate with respect to the draft legislation communicated by the Government, in conformity with Article 5(1). The Committee also requests the Government to indicate the intervals at which the required tripartite consultations are held, in accordance with Article 5(2) of the Convention, which provides that consultation shall be undertaken at appropriate intervals fixed by agreement, but at least once a year.