Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) - Cook Islands (Ratification: 2018)

Article 1 of the Convention. Representative organizations. The Government indicates that the most representative organizations of employers and workers for the purpose of the Convention are: the Cook Islands Chamber of Commerce and the Cook Islands Workers Association. The Government does not provide any information on the procedures ensuring these organizations the right of freedom of association. In this context, the Committee notes that Cook Islands has not ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), nor has it ratified the Right to Organise and Collective Bargaining Convention, 1949 (No. 98). The Committee requests the Government to provide additional concrete information on the legislation, practice or procedures ensuring the right of freedom of association for the most representative organizations of employers and workers, as well as information on the manner in which the Cook Islands Chamber of Commerce and the Cook Islands Workers Association were selected as the most representative employers and workers organizations for purposes of the Convention.

Article 2 and 5(1). Effective tripartite consultations. The Committee notes with interest the ratifications of three Fundamental Conventions by the Cook Islands: the Forced Labour Convention, 1930 (No.29); the Abolition of Forced Labour Convention, 1957 (No.105); and the Worst Forms of Child Labour Convention, 1999 (No.182). The Government indicates that the National Labour Advisory Board (NLAB), which is the forum for tripartite consultations, meets every quarter on a regular basis. The NLAB has also held extraordinary meetings to discuss certain issues, such as the COVID-19 response, migrant workers and the Maritime Labour Convention (MLC). The Government also indicates that effect is given to the Convention through customary practice, and that the Terms of Reference for the NLAB are regularly reviewed and updated. The Government adds that the Terms of Reference also contain provisions enabling them to be revised at any time. The Committee requests the Government to communicate a copy of the most up-to-date Terms of Reference for the National Labour Advisory Board. The Committee also requests the Government to provide information on the nature and outcome of the tripartite consultations held during the reporting period on each of the matters covered by Article 5(1) of the Convention. In particular, the Government is requested to provide information regarding tripartite consultations concerning the possible ratification of 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).

Article 3. Selection of representatives to the National Labour Advisory Board (NLAB). Representation of employers and workers. The Government indicates that it invites the employers and workers organizations to select and nominate their respective representatives. The Government does not, however, provide information on the nomination procedures. The organizations of employers and workers each have an equal number of representatives on the NLAB, although the Government does not specify the number of representatives from each group. The Committee requests the Government to describe the manner in which the organizations of employers and workers chose their representatives and the number of representatives from each group composing the National Labour Advisory Board (NLAB).

Article 6. Annual report. The Government indicates that there have been consultations in relation to implementing Article 6. It undertakes to table the matter for discussion to be addressed in the next meeting of the NLAB. The Committee requests the Government to describe in its next report the manner in which effect is given to this Article of the Convention.