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Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

Article 5(1) of the Convention. Effective tripartite consultations. The Government indicates that the social partners are consulted when issues covered by the Convention are raised with the Government by the Committee, as well as on the questionnaires concerning the agenda of the International Labour Conference. The Committee also notes the Government’s report that the social partners have not raised any objections regarding the written consultation procedure that has been implemented. The Government indicates once again, in the same manner as its 2018 report, that discussions have taken place within the tripartite Labour Advisory Committee on a draft Order on the appointment of members to a tripartite advisory committee on international labour standards. The Government adds that this draft Order has now been sent to the office of the Minister of Labour to be signed and the Government could request the technical assistance of the Office for the practical implementation of this committee. The Committee encourages the Government to request this assistance in the near future, taking into account the impending signature of the Order on the appointment of the members of the tripartite advisory committee on international labour standards. The Committee requests the Government to keep it informed of any progress in this regard. The Committee once again requests the Government to provide precise and detailed information on the content, frequency 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)). Furthermore, the Committee notes the absence of any information on the meetings organized by the Ministry of Labour on matters relating to international labour standards, mentioned in the Government’s previous report of September 2018. The Committee therefore reiterates its request for information and asks the Government to indicate the content and the outcomes of the meetings organized by the Ministry of Labour on the matters relating to international labour standards covered by the Convention.

Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

Article 5(1) of the Convention. Effective tripartite consultations. The Government, in reply to the Committee’s previous comments, indicates that a draft Order on the creation of a tripartite advisory committee on international labour standards is being examined by the tripartite constituents, with a view to its adoption and the appointment of its members. It adds that meetings are always organized by the Ministry of Labour to examine the matters relating to international labour standards covered by Article 5 of the Convention, as well as any issues relating to labour in particular and to society in general. For example, the Government refers to the significant involvement of trade union organizations in Labour Day celebrations and the regular convening of the Labour Advisory Committee. It indicates that as soon as the tripartite advisory committee on international labour standards has been established, which is scheduled for 2018, the instruments to be submitted to the competent authority will be presented to the committee before being transmitted to the Government and then to the National Assembly. The Government indicates that it may avail itself of ILO technical support to ensure that the committee is operational. The Committee notes that the social partners are contacted by official letters so that they may comment on the Committee’s comments and questionnaires, as well as on the draft final report. The Government nevertheless indicates that these letters are not always followed by a response. In its General Survey on tripartite consultation international labour standards, 2000, paragraph 71, the Committee notes that under the terms of paragraph 2(3) of the Tripartite Consultation (Activities of the International Labour Organisation) Recommendation, 1976 (No. 152), consultations through written communications should be undertaken only “where those involved in the consultative procedures are agreed that such communications are appropriate and sufficient”. In this regard, the Committee requests the Government to indicate whether the written consultative procedure was previously agreed with the social partners. In light of the Government’s stated intention to avail itself of the technical assistance of the Office to ensure that the committee is operational, the Committee hopes that such assistance will be provided in the near future. The Committee expresses the firm hope that the abovementioned draft Order will be adopted as soon as possible and requests the Government to keep it informed of any developments in this regard. It therefore once again requests the Government to provide specific information on the content, frequency 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 outcome of the meetings organized by the Ministry of Labour on the matters relating to international labour standards.

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

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.

Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

Articles 5(1) and 6 of the Convention. Effective tripartite consultations required by the Convention. The Committee notes the report sent by the Government in reply to its observation of 2012. The Government indicates that tripartite consultations are being held concerning the items on the agenda of the Conference. As regards the matters referred to in Article 5(1)(d), the Government indicates that reports are submitted to the most representative employers’ and workers’ organizations before their transmission to the ILO. Moreover, the Committee notes that the order appointing new members of the tripartite committee on ILO matters has not yet been adopted and that the Government will seek technical assistance from the ILO with regard to training of the members of that committee, once the order has been adopted. The Committee refers to its previous observation and again requests the Government to supply up-to-date information in its next report on the effective consultations held on each of the matters set out in Article 5(1). The Committee also reminds the Government that technical assistance from the ILO regarding these matters is available to the Government and the social partners.
Article 5(1)(b). Submission to the National Assembly of the instruments adopted by the Conference. The Government indicates that the procedure for the submission of the instruments adopted by the Conference between 1996 and 2011 is still in progress. The Committee refers to its comments on the obligation of submission in which, like the Conference Committee, it asked the Government to complete the procedures for the submission to the National Assembly of the instruments adopted by the Conference between 1996 and 2012. The Committee trusts that the Government, in its next report, will be in a position to provide precise and detailed information on the proposals to be submitted to the National Assembly, as required by Article 5(1)(b) of the Convention.

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Tripartite consultations required by the Convention. Training. The Committee notes the communication of the General Confederation of Enterprises of Côte d’Ivoire (CGECI), which was forwarded to the Government in January 2011. It also notes the Government’s replies to the 2009 observation, which were received in June 2011, and which include the report of the Tripartite Committee on ILO Matters. During the meeting of 20 December 2010, the Tripartite Committee discussed issues related to Article 5 of the Convention and also discussed the updating of its list of members. The representative of a workers’ organization expressed the hope that all the members of the Committee would receive training so that they could discharge their duties appropriately. The CGECI expressed the hope that the Committee would operate on a regular basis, which the Government also confirmed in its report. The Committee invites the Government to provide detailed information on the “effective consultations” held during the period covered by the next report. It would welcome examining precise and detailed information on the consultations held on each of the issues set out in Article 5(1) of the Convention. It invites the Government to provide information on the arrangements made, possibly with ILO assistance, for the financing of any necessary training of participants in the consultation procedures on international labour standards required by the Convention (Article 4(2)).
Submission to the National Assembly of the instruments adopted by the Conference. In its communication, the CGECI indicates that it has not been informed or consulted concerning the submission to the National Assembly of the instruments adopted by the International Labour Conference. The Government indicates that the process of submission to the National Assembly of the instruments adopted by the Conference was initiated in November 2009. The Government adds that the instruments concerned were the subject of tripartite consultations. The Committee hopes that the process of the submission to the National Assembly of the instruments adopted by the Conference between 1996 and 2011 will soon be completed and that the Government will provide precise and detailed information on the proposals submitted to the National Assembly, as required by Article 5(1)(b) of the Convention.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

Articles 5, paragraph 1, and 6 of the Convention. Effective tripartite consultations required by the Convention. The Committee notes the report provided by the Government for the period ending September 2009. The Government once again indicates that all the matters covered by Article 5(1) have on each occasion been brought to the attention of the social partners for information. It adds that the tripartite committee on matters concerning ILO activities was admittedly established by Order No. 061/TFP/DTR of 9 January 2003, but has still not met in view of the crisis affecting the country. The Committee notes that the Government intends to make every effort to ensure that this institution functions normally as soon as possible. The Committee recalls that the 2008 Declaration on Social Justice for a Fair Globalization affirms that “social dialogue and the practice of tripartism between governments and the representative organizations of workers and employers within and across boarders are now more relevant to achieving solutions and to building up social cohesion and the rule of law through, among other means, international labour standards”. The Committee invites the Government and the social partners to hold the “effective consultations” on international labour standards envisaged by the Convention. It therefore hopes that the next report will enable it to examine precise and detailed information on the effective tripartite consultations held on each of the matters covered by Article 5(1). It reiterates its interest in being able to examine extracts from the summary reports of meetings of the tripartite committee (section 8 of Order No. 061/TFP/DTR of 2003) or the annual report of its activities.

Article 5, paragraph 1(b). Submission to the National Assembly of the instruments adopted by the Conference. The Government indicates that certain instruments adopted by the Conference between 1996 and 2006 have already been submitted to the competent authorities and that it will endeavour to ensure that this is also done for the others. The Committee refers to its repeated observations concerning serious failure to submit instruments to the National Assembly and trusts that the Government will provide precise and detailed information in its next report on the effective tripartite consultations held on the proposals to be made to the National Assembly in relation to the submission of the instruments adopted by the Conference between 1996 and 2007.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

1. Articles 5, paragraph 1, and 6 of the Convention. Effective tripartite consultations required by the Convention. In its report received in May 2007, the Government states that all the issues dealt with in Article 5, paragraph 1, have been notified to the social partners, but that there has been no reaction from them. The Committee notes that section 8 of Order No. 061/TFP/DTR of 9 January 2003, regulating the Tripartite Committee on matters concerning ILO activities, requires minutes to be taken of every meeting of the committee and that the committee should produce a report, a copy of which shall be sent to the International Labour Office. The Committee refers to its previous direct request and again asks the Government in its next report to provide specific and detailed information on effective tripartite consultations held on each of the matters listed at Article 5, paragraph 1, together with a copy either of the minutes of the Tripartite Committee’s meetings or of its annual activity report.

2. Article 5, paragraph 1(b) and (c).Submission to the National Assembly of the instruments adopted by the Conference. Ratification prospects. In reply to the previous direct request and concerning ratification of the Part-Time Work Convention, 1994 (No. 175), the Government indicates that because of the state of war in the country, the National Assembly has been unable to come to a decision about the possibility of ratifying this Convention, but that as soon as the social and political climate permits, it will play its role in this respect to the full. The Committee refers the Government to its observation of 2007 on the obligation to submit instruments to parliament, in which it expressed the hope that, the Government will provide relevant information on the submission to the National Assembly of the instruments adopted by the Conference between 1996 and 2006. It trusts that in its next report, the Government will provide specific and detailed information on the effective tripartite consultations held on the proposals to be submitted to the National Assembly regarding the submission and review of Conventions not yet ratified.

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

1. Regulations applicable to the tripartite committee. In its report received in June 2006, the Government indicates that effect is given to the provisions of Convention No. 144 as a result of the establishment, under Order No. 834/EFP/CAB of 26 January 1995, of a tripartite committee on issues relating to ILO activities. The Committee refers to its 2003 observation, in which it noted that a tripartite committee had been created by Order No. 061/TFP/DTR of 9 January 2000, section 9 of which provides that the above Order of 26 January 1995 is repealed. The Committee asks the Government to specify in its next report the regulations currently applicable to the tripartite committee on issues relating to ILO activities.

2. Effective tripartite consultations required by the Convention. The Government indicates that all the matters listed in Article 5, paragraph 1, of the Convention have been included on the agenda of the meetings of the tripartite committee and brought to the attention of the social partners. The Government indicates that the General Union of Workers of Côte d’Ivoire (UGTCI) would like the Government to ratify the Part-Time Work Convention, 1994 (No. 175). The Committee notes that minutes are prepared for all meetings within the consultative bodies and asks the Government once again to provide in its next report precise and detailed information on the effective consultations that have taken place with regard to each of the matters listed in Article 5, paragraph 1, and, in particular, on the ratification of Convention No. 175 (Article 5, paragraph 1(c)).

3. The Committee draws the Government’s attention to the preliminary tripartite consultations that are required with regard to the submission to the National Assembly of the instruments adopted by the International Labour Conference since 1996 (Article 5, paragraph 1(b), and the 2006 observation on the obligation to submit).

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes that the Government’s report has not been received. It refers to its 2003 observation and hopes that the Government will be able to continue its efforts to give full effect to the Convention, and that it will provide a report including detailed information on the consultation held within the tripartite committee on ILO issues, concerning each of the items set out in Article 5, paragraph 1, of the Convention.

Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the Government’s report received in May 2003, which contains information on the comments that it has been making for several years. It notes with interest that a tripartite committee on ILO issues, the main mission of which is to give advice on the matters covered by the tripartite consultations required by the Convention, was created by the Decree of 9 January 2003 of the Minister of Public Service and Employment. The members of this Committee were appointed by the Decision of 28 May 2003. The Government also indicates that the Office of the Minister chairs the meetings of this Committee, acts as its secretariat, convenes the meetings and establishes the records. Concerning the training of the persons involved in the consultations, seminars on standards have been organized by the Ministry, with the technical and financial assistance of organizations such as the ILO, the United Nations Development Programme (UNDP) and non-governmental organizations. The Committee meets once every three months. The Committee encourages the Government to continue its efforts to give full effect to the Convention, and hopes that it will provide detailed information on the effective consultations held during the period covered by the next report within the tripartite committee on ILO issues, concerning each of the items set out in Article 5, paragraph 1, of the Convention.

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

The Committee notes the Government’s report received in September 2002, and the information sent in response to its observation of 2000. The Committee again states that the tripartite committee - established in 1995 - has not yet met during the period covered, that its members are being selected and that the consultations on ILO-related matters were carried out in the Labour Advisory Committee. The Committee trusts that the Government will do its outmost to ensure that the tripartite committee on ILO-related matters starts work and that it will be in a position to specify in its next report the procedure for choosing the members of the tripartite committee (Article 3 of the Convention), the arrangements for the provision of administrative support for the consultations and for any necessary training of participants in the procedures (Article 4), and the consultations held on each of the subjects covered by the Convention (Article 5).

Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

The Committee notes the Government’s report covering the period ending September 1999. In its previous comments, the Committee had noted the Government’s intention to make the Tripartite Committee on ILO Matters fully operational. However, it notes that the Tripartite Committee did not meet during the period covered by the report and that consultations on matters relating to the ILO were held in the Advisory Labour Commission. It trusts that the Government will take all the necessary measures as soon as possible to give effect to the provisions of the Convention, as it has expressed the intention of doing, and that in its next report it will be in a position to provide more complete and detailed information on the consultations held on the matters covered by Article 5, paragraph 1, of the Convention.

Observation (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes the Government’s report covering the period ending September 1999. In its previous comments, the Committee had noted the Government’s intention to make the Tripartite Committee on ILO Matters fully operational. However, it notes that the Tripartite Committee did not meet during the period covered by the report and that consultations on matters relating to the ILO were held in the Advisory Labour Commission. It trusts that the Government will take all the necessary measures as soon as possible to give effect to the provisions of the Convention, as it has expressed the intention of doing, and that in its next report it will be in a position to provide more complete and detailed information on the consultations held on the matters covered by Article 5, paragraph 1, of the Convention.

Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes the Government's last report and the information provided in reply to the Committee's previous observation. The Committee notes the Government's statement to the effect that it wishes to take all the necessary measures to make the Tripartite Committee on matters concerning the ILO fully operational. The Committee trusts that, for the period covered by its next report, the Government will be able to provide full and detailed information on the consultations which address the points indicated in Article 5, paragraph 1, of the Convention.

Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

The Committee notes the information supplied by the Government in reply to its previous comments. In particular, it notes with interest Order No. 834 of 26 January 1995 establishing a tripartite committee on matters concerning the ILO with the exclusive function of issuing opinions on each of the matters set out in Article 5, paragraph 1, of the Convention. The Committee notes that the tripartite committee will meet quarterly and will produce an annual report of which a copy will be sent to the ILO, in accordance with Article 6. The Committee hopes that this consultative body will be fully operational in the near future and that the Government will be able to supply complete and detailed information on the consultations which have taken place during the period covered by the next report on the matters covered by the Convention.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

With reference to its previous comments, particularly concerning the extent of the consultation requirement, the Committee noted that the Government indicated in its report that a tripartite committee was being created to deal with ILO matters. The Committee has also noted that the Government was willing to arrange for financing the training of the future committee members.

The Committee hopes that this project will materialize in the near future, enabling more complete enforcement of the Conventions' provisions.

In any event, the Committee would be grateful if the Government would provide information on the consultations which have taken place on the subjects listed in Article 5, paragraph 1, during the period covered by the next report, including their frequency, and to specify the nature of any reports or recommendations which result from these consultations.

Observation (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes the information supplied by the Government in reply to its previous comments.

In particular, it notes with interest Order No. 834 of 26 January 1995 establishing a tripartite committee on matters concerning the ILO with the exclusive function of issuing opinions on each of the matters set out in Article 5, paragraph 1, of the Convention.

The Committee notes that the tripartite committee will meet quarterly and will produce an annual report of which a copy will be sent to the ILO, in accordance with Article 6. The Committee hopes that this consultative body will be fully operational in the near future and that the Government will be able to supply complete and detailed information on the consultations which have taken place during the period covered by the next report on the matters covered by the Convention.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

Article 5 of the Convention. The Committee notes the Government's report in reply to its previous comments. It notes in particular the information supplied to the effect that the tripartite consultation procedures, particularly those covered by the Advisory Labour Commission concern, the Government's reply to questionnaires on items on the agenda of the International Labour Conference; the re-examination, since 1993, of unratified Conventions; and matters relating to the first reports submitted to the ILO on ratified Conventions.

The Government also states that it fulfils the obligation to submit ILO instruments, in accordance with article 19 of the Constitution, and that the organizations of employers and workers are informed in accordance with article 23, paragraph 2, of the Constitution. The Committee recalls in this respect that Article 5, paragraph 1(b), of the Convention requires consultations on "the proposals to be made to the competent authority or authorities in connection with the submission of Conventions and Recommendations pursuant to article 19 of the Constitution". It notes that the provisions of this Convention go beyond the obligation of submission set out in article 19 of the Constitution and the obligation to transmit reports set out in article 23, paragraph 2, of the Constitution. As it emphasized in its 1982 General Survey (see paragraph 109), an exchange of views or information after the instruments have been submitted to the competent authority does not meet the purpose of the Convention.

The Committee requests the Government to supply detailed information in its next report, taking into account the above comments, on the consultations held on each of the matters set out in paragraph 1, including information on the frequency with which these consultations are held. It also requests the Government to specify the nature of any reports or recommendations issued as a result of these consultations.

Article 4. The Committee also requests the Government to indicate whether it envisages making "appropriate arrangements ... between the competent authority and the representative organizations" for the financing of any necessary training of participants in these consultations, particularly within the context of Decree No. 92-05 of 8 January 1992 which provides for the organization and operation of the Vocational Training Development Fund.

Part V of the report form. Please supply any other information bearing on the practical application of the Convention.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes the Government's report. It notes that the Government has not supplied new information on the points raised in its previous direct requests.

The Committee requests the Government to indicate whether the procedures for tripartite consultations, and in particular those of the Advisory Labour Commission, are aimed in particular at government replies to questionnaires concerning items on the agenda of the International Labour Conference; the proposals accompanying the submission to the competent authorities of Conventions and Recommendations; the re-examination at appropriate intervals, particularly of unratified Conventions, in accordance with Article 5, paragraph 1(a), (b) and (c), of the Convention. With regard to the reports to be made to the International Labour Office (Article 5, paragraph 1(d)), the Committee requests the Government to specify whether the collaboration with the social partners to which the Government refers in its report covers consultations on the questions which may arise out of these reports.

The Committee requests the Government to supply information on the consultations which have actually been held during the period covered by the report on each of the matters set out above.

The Committee also requests the Government to indicate whether arrangements have been made for the financing of the training necessary for representatives participating in these consultations, as provided by Article 4, paragraph 2.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee notes that the Government's report contains no reply to its comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

Article 4, paragraph 2, of the Convention. Please describe all arrangements that have been made or are envisaged with representative organisations for the financing of any necessary training of participants in the consultations required under the Convention.

Article 5. Please supply full particulars of consultations that are held during the period covered by the next report on each of the items set out in paragraph 1 of this Article, including information on the frequency of these consultations, and specify the nature of any reports or recommendations resulting from these consultations.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee notes the first report provided by the Government on the application of the Convention. It would be grateful if the Government would supply additional information on the following points:

Article 4, paragraph 2, of the Convention. Please describe all arrangements that have been made or are envisaged with representative organisations for the financing of any necessary training of participants in the consultations required under the Convention.

Article 5. Please supply full particulars of consultations that are held during the period covered by the next report on each of the items set out in paragraph 1 of this Article, including information on the frequency of these consultations, and specify the nature of any reports or recommendations resulting from these consultations.

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