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Repetition Effective tripartite consultations. Article 5(1) of the Convention. In its previous comments, the Committee requested the Government to provide its comments in respect of the observations made by the Trade Union Congress of Gabon (CSG), received in 2015, concerning the organization of occupational elections. The Committee further requested the Government to provide information concerning tripartite consultations carried out on all matters related to international labour standards as required under Article 5(1)(a)–(e)of the Convention, and to indicate the nature of any reports or recommendations issued. In its response, the Government indicates that it did not receive the observations of the CSG and is therefore not in a position to respond. Nevertheless, the Government states that the organization of occupational elections is regulated by the Labour Code (Law No. 3/94 of 21 November 1994). The Government adds that the new draft Labour Code elaborated by a tripartite committee under the auspices of the Ministry of Labour was presented to the Ministry on 6 July 2018, but that due to the failure of the workers to reach agreement on the participation of their representatives, consultations on the revised draft Labour Code were postponed. The Government reports that the Human Resources Development Convention, 1975 (No. 142), the Occupational Safety and Health Convention, 1981 (No. 155), the Home Work Convention, 1996 (No. 177), the Recruitment and Placement of Seafarers Convention, 1996 (No. 179), the Private Employment Agencies Convention, 1997 (No. 181), the Safety and Health in Agriculture Convention, 2001 (No. 184), and the Seafarers’ Identity Documents Convention (Revised), 2003 (No. 185), are still under consideration with the competent authorities.The Committee reiterates its request that the Government communicate updated information on the tripartite consultations held on all matters related to international labour standards covered by the Convention, including questions arising out of reports on the application of ratified Conventions (Article 5(1)(d)) and the re-examination of unratified Conventions (Article 5(1)(c)). The Committee also requests the Government to provide information concerning the frequency of such consultations, as well as with regard to the nature and outcome of the consultations held.
Repetition Effective tripartite consultations. Article 5(1) of the Convention. In its previous comments, the Committee requested the Government to provide its comments in respect of the observations made by the Trade Union Congress of Gabon (CSG), received in 2015, concerning the organization of occupational elections. The Committee further requested the Government to provide information concerning tripartite consultations carried out on all matters related to international labour standards as required under Article 5(1)(a)–(e) of the Convention, and to indicate the nature of any reports or recommendations issued. In its response, the Government indicates that it did not receive the observations of the CSG and is therefore not in a position to respond. Nevertheless, the Government states that the organization of occupational elections is regulated by the Labour Code (Law No. 3/94 of 21 November 1994). The Government adds that the new draft Labour Code elaborated by a tripartite committee under the auspices of the Ministry of Labour was presented to the Ministry on 6 July 2018, but that due to the failure of the workers to reach agreement on the participation of their representatives, consultations on the revised draft Labour Code were postponed. The Government reports that the Human Resources Development Convention, 1975 (No. 142), the Occupational Safety and Health Convention, 1981 (No. 155), the Home Work Convention, 1996 (No. 177), the Recruitment and Placement of Seafarers Convention, 1996 (No. 179), the Private Employment Agencies Convention, 1997 (No. 181), the Safety and Health in Agriculture Convention, 2001 (No. 184), and the Seafarers’ Identity Documents Convention (Revised), 2003 (No. 185), are still under consideration with the competent authorities. The Committee reiterates its request that the Government communicate updated information on the tripartite consultations held on all matters related to international labour standards covered by the Convention, including questions arising out of reports on the application of ratified Conventions (Article 5(1)(d)) and the re-examination of unratified Conventions (Article 5(1)(c)). The Committee also requests the Government to provide information concerning the frequency of such consultations, as well as with regard to the nature and outcome of the consultations held.
Effective tripartite consultations required by the Convention. The Committee notes the Government’s report, received in October 2009, in reply to the observation of 2007. The Government indicates that the members of the three tripartite bodies – the Labour Advisory Commission, the National Commission for Wage Studies and the Occupational Safety and Health Committee – have been appointed, and that a protocol calling for a 30-month period of social concord was signed in May 2009. The Government also indicates that the protocol, the participation in the 98th Session of the International Labour Conference and also the follow-up to the activities of the programme to promote the ILO Declaration on Fundamental Principles and Rights at Work (PAMODEC) were based on tripartite consultations. A training workshop on social dialogue was also held during 2009. The Committee requests the Government to communicate further information in its next report on the working of the advisory bodies, particularly the Labour Advisory Commission. It requests the Government to provide updated information on the tripartite consultations held on each of the matters set out in Article 5(1) of the Convention, indicating the frequency of such consultations and the nature of any reports or recommendations relating to international labour standards.
1. Articles 2 and 5, paragraph 1, of the Convention. Effective tripartite consultations required by the Convention. The Government indicates in its report received in August 2007 that the three tripartite bodies established by section 250 of the Labour Code, including the Labour Advisory Committee, are still not operational. The Committee notes the agreement of 27 March 2007 on trade union representation, attached to the Government’s report, which determines the four most representative workers’ confederations. The Government indicates that effective tripartite consultations took place concerning the World Day for Safety and Health at Work, the draft revision of the Labour Code and the reports on the ILO Conventions ratified by Gabon. The Committee trusts that, as indicated by the Government in its report, the tripartite bodies, particularly the Labour Advisory Committee, will become operational in the near future in order to ensure effective tripartite consultation procedures. The Committee also requests the Government to supply details of the tripartite consultations held, during the period covered by the report, on each of the matters relating to international labour standards covered by Article 5, paragraph 1.
2. Article 6. Working of the consultative procedures. With reference to its previous comments, the Committee trusts that consultations with the representative organizations on the working of the procedures covered by the Convention will take place in the near future and that the Government will be in a position to supply information on this matter in its next report.
1. Tripartite consultations required by the Convention. In its last report, the Government indicates that, despite the existence of the Advisory Labour Commission and the Advisory Occupational Safety and Health Technical Committee, these bodies are still not operational as it has not been possible to identify the most representative occupational organizations in the country. The Government explains that consultations are held in an informal manner and consist of the transmission of reports prepared by the Government to the social partners to seek their comments. The Committee notes this information and expresses the firm hope that the country’s advisory bodies will be operational in the near future and that the Government will be in a position to provide all the necessary information in its next report on the application of the Convention and on the consultations held with representative organizations, which should be determined on the basis of objective, pre-established and precise criteria. Furthermore, it requests the Government to provide a report containing detailed information on the consultations held on the matters covered by Article 5, paragraph 1, of the Convention, including information on the work of the Advisory Labour Commission when it has become operational once again.
2. Operation of the consultation procedures. The Committee trusts that consultations will be held in the near future with representative organizations on the working of the procedures provided for in the Convention (Article 6) and that the Government will be in a position to provide information on this subject in its next report.
1. Tripartite consultations required by the Convention. Further to the Committee’s observation of 1998, the Government indicates in its report received in September 2003 that it systematically sends copies of the reports concerning submission to the occupational organizations of employers and the most representative confederations before transmitting the reports to Parliament. These organizations also receive copies of reports on the application of Conventions made under article 22 of the Constitution of the ILO, as well as copies of replies to questionnaires on specific subjects. The consultative bodies, such as the Advisory Labour Commission, are not yet operational. The Committee refers to the comments that it is making on the constitutional obligation of submission and requests the Government to provide information in its next report on the application of Convention No. 144 on the consultations held with representative organizations concerning the proposals contained in reports to be submitted to Parliament (Article 5, paragraph 1(b), of the Convention). In particular, it asks the Government to regularly supply reports containing detailed information on the written consultations held on the matters covered by Article 5, paragraph 1, of the Convention, with an indication of any activities undertaken by the Advisory Labour Commission.
2. Operation of the consultative procedures. The Committee hopes that consultations will be held in the near future with representative organizations on the "working of the procedures provided for in this Convention" (Article 6) and that the Government will be in a position to provide information on this matter in its next report.
The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its observation of 1998, which read as follows:
The Committee notes the Government’s report and the information that it contains in reply to its previous direct request. It also notes the comments made by the Free Federation of Energy, Mining and Allied Enterprises (FLEEMA) and the Gabonese Confederation of Free Trade Unions (CGSL). The Committee notes the information provided in the Government’s report on the consultations held on each of the points set out in Article 5, paragraph 1, of the Convention. It notes in particular that, in accordance with point (b) of the above paragraph, the Home Work Convention, 1996 (No. 177), as well as various instruments adopted at the last Maritime Session of the International Labour Conference, have been submitted to the competent authority or authorities. Noting that the FLEEMA, in its comments, alleges that the Safety and Health in Mines Convention, 1995 (No. 176), and Recommendation No. 183 have not been submitted to the competent authority, the Committee wishes to recall on this point that it stated in its 1982 General Survey (paragraph 109) that the Convention goes beyond the obligation to submit stipulated in article 19 of the ILO Constitution and requests the Government to consult the representative organizations before finalizing the proposals to be submitted to the competent authority or authorities in relation to the Conventions and Recommendations which have to be submitted to them. In the light of these explanations, the Government is requested to make the comments that it considers appropriate on the observations of the FLEEMA. Finally, with regard to the application of Article 6, the Committee notes the Government’s reply to the observation made by the Gabonese Confederation of Free Trade Unions alleging the absence of consultations on the appropriateness of issuing an annual report on the working of the procedures provided for in the Convention. The Government states that budgetary restrictions have prevented the establishment of a tripartite consultation body for the purposes set out in the Convention, which has been the major contributing factor to this situation. The Committee requests it to provide information in future reports on any development relating to this subject and hopes that such consultations will be held in the near future.
The Committee notes the Government’s report and the information that it contains in reply to its previous direct request. It also notes the comments made by the Free Federation of Energy, Mining and Allied Enterprises (FLEEMA) and the Gabonese Confederation of Free Trade Unions (CGSL).
The Committee notes the information provided in the Government’s report on the consultations held on each of the points set out in Article 5, paragraph 1, of the Convention. It notes in particular that, in accordance with point (b) of the above paragraph, the Home Work Convention, 1996 (No. 177), as well as various instruments adopted at the last Maritime Session of the International Labour Conference, have been submitted to the competent authority or authorities. Noting that the FLEEMA, in its comments, alleges that the Safety and Health in Mines Convention, 1995 (No. 176), and Recommendation No. 183 have not been submitted to the competent authority, the Committee wishes to recall on this point that it stated in its 1982 General Survey (paragraph 109) that the Convention goes beyond the obligation to submit stipulated in article 19 of the ILO Constitution and requests the Government to consult the representative organizations before finalizing the proposals to be submitted to the competent authority or authorities in relation to the Conventions and Recommendations which have to be submitted to them. In the light of these explanations, the Government is requested to make the comments that it considers appropriate on the observations of the FLEEMA.
Finally, with regard to the application of Article 6, the Committee notes the Government’s reply to the observation made by the Gabonese Confederation of Free Trade Unions alleging the absence of consultations on the appropriateness of issuing an annual report on the working of the procedures provided for in the Convention. The Government states that budgetary restrictions have prevented the establishment of a tripartite consultation body for the purposes set out in the Convention, which has been the major contributing factor to this situation. The Committee requests it to provide information in future reports on any development relating to this subject and hopes that such consultations will be held in the near future.
The Committee hopes that the Government will make every effort to take the necessary action in the near future.
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 hopes that the Government will make every effort to take the necessary action in the very near future.
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 and the information that it contains in reply to its previous direct request. It also notes the comments made by the Free Federation of Energy, Mining and Allied Enterprises (FLEEMA) and the Gabonese Confederation of Free Trade Unions (CGSL). The Committee notes the information provided in the Government's report on the consultations held on each of the points set out in Article 5, paragraph 1, of the Convention. It notes in particular that, in accordance with point (b) of the above paragraph, the Home Work Convention, 1996 (No. 177), as well as various instruments adopted at the last Maritime Session of the International Labour Conference, have been submitted to the competent authority or authorities. Noting that the FLEEMA, in its comments, alleges that the Safety and Health in Mines Convention, 1995 (No. 176), and Recommendation No. 183 have not been submitted to the competent authority, the Committee wishes to recall on this point that it stated in its 1982 General Survey (paragraph 109) that the Convention goes beyond the obligation to submit stipulated in article 19 of the ILO Constitution and requests the Government to consult the representative organizations before finalizing the proposals to be submitted to the competent authority or authorities in relation to the Conventions and Recommendations which have to be submitted to them. In the light of these explanations, the Government is requested to make the comments that it considers appropriate on the observations of the FLEEMA. Finally, with regard to the application of Article 6, the Committee notes the Government's reply to the observation made by the Gabonese Confederation of Free Trade Unions alleging the absence of consultations on the appropriateness of issuing an annual report on the working of the procedures provided for in the Convention. The Government states that budgetary restrictions have prevented the establishment of a tripartite consultation body for the purposes set out in the Convention, which has been the major contributing factor to this situation. The Committee requests it to provide information in future reports on any development relating to this subject and hopes that such consultations will be held in the near future.
The Committee notes the Government's report and the information that it contains in reply to its previous direct request. It also notes the comments made by the Free Federation of Energy, Mining and Allied Enterprises (FLEEMA) and the Gabonese Confederation of Free Trade Unions (CGSL).
The Committee notes the information provided in the Government's report on the consultations held on each of the points set out in Article 5, paragraph 1, of the Convention. It notes in particular that, in accordance with point (b) of the above paragraph, the Home Work Convention, 1996 (No. 177), as well as various instruments adopted at the last Maritime Session of the International Labour Conference, have been submitted to the competent authority or authorities. Noting that the FLEEMA, in its comments, alleges that the Safety and Health in Mines Convention, 1995 (No. 176), and Recommendation No. 183 have not been submitted to the competent authority, the Committee wishes to recall on this point that it stated in its 1982 General Survey (paragraph 109) that the Convention goes beyond the obligation to submit stipulated in article 19 of the ILO Constitution and requests the Government to consult the representative organizations before finalizing the proposals to be submitted to the competent authority or authorities in relation to the Conventions and Recommendations which have to be submitted to them. In the light of these explanations, the Government is requested to make the comments that it considers appropriate on the observations of the FLEEMA.
Finally, with regard to the application of Article 6, the Committee notes the Government's reply to the observation made by the Gabonese Confederation of Free Trade Unions alleging the absence of consultations on the appropriateness of issuing an annual report on the working of the procedures provided for in the Convention. The Government states that budgetary restrictions have prevented the establishment of a tripartite consultation body for the purposes set out in the Convention, which has been the major contributing factor to this situation. The Committee requests it to provide information in future reports on any development relating to this subject and hopes that such consultations will be held in the near future.
The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:
The Committee notes the information provided by the Government for the period ending 1 September 1995. It notes the information concerning the points that it raised in its 1993 direct request and repeated in its 1995 request.
The Committee also notes from its examination of the observations made by the Gabonese Confederation of Free Trade Unions (CGSL) and the Gabonese Employers' Confederation, that there is a unanimous expectation that a tripartite consultation body will be established for the purposes of the Convention.
The Government is requested to provide the Office with full information on any progress achieved in this respect or on the difficulties encountered, such as those relating to the financing of such a body.
Article 5, paragraph 1, of the Convention. The Committee notes the succinct information provided on the purpose of the tripartite consultations held during the period covered by the report. It notes that they covered points (a) and (d) of paragraph 1 and wishes to emphasize that consultations should also be held on points (b), (c) and (e) of the same paragraph. The Committee trusts that the Government will supply full and detailed information in its next report on the consultations held on each of the above points, with an indication of the nature of any reports or recommendations resulting from these consultations.
The Committee would be grateful if the Government would indicate the frequency of these consultations, which by virtue of paragraph 2 of the same Article, should be held at least once a year.
Article 6. With reference to its previous comments concerning the observations made by the CGSL, alleging that consultations had not been held on the question of the preparation of an annual report on the consultation procedures provided for in the Convention, the Committee would be grateful if the Government would provide information on the consultations which are planned or have been held on this issue, and on their outcome.
The Committee notes that the Government's report has not been received. It also notes the comments made by the Gabonese Confederation of Free Trade Unions. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:
The Committee notes the indications provided by the Government on the points raised in its previous direct request. It notes in particular that a tripartite consultative committee is to be established.
Article 2, paragraph 2, of the Convention. The Committee notes the indications that consultations on ILO activities are held regularly with the most representative employers' and workers' organizations. Pending formal establishment of the relevant procedures, the Committee asks the Government to provide information on the procedure which is currently operated for such consultations. It also asks the Government to continue to provide information on consultations held for this purpose.
Article 3. In the event of a tripartite consultative committee being established, please provide the information requested on the choice of representatives of employers' and workers' organizations and on equal representation.
Article 4. The Committee notes the indication that the question of the financing provided for in the Convention can be examined when the above-mentioned tripartite consultative committee is established. It asks the Government to provide information on any new developments in this respect.
Article 5. According to the Government's report, in the absence of a formal committee, meetings with the social partners are convened to examine the subjects listed in Article 5.
The Committee again asks the Government to provide detailed information on each of the subjects listed in paragraphs 1(a) to (e).
Article 6. The Committee notes the Government's statement that this matter will be examined when the consultative committee is established. It also notes the observation of the Trade Union Confederation of Gabon affirming that it has not been consulted on this question and would very much appreciate such consultation.
The Committee refers to its General Survey of 1982 on tripartite consultation (paragraph 178), and points out that although a certain amount of discretion is left to governments in deciding whether to issue an annual report on the working of consultation procedures, the representative organizations should none the less be consulted about the need for a report.
The Committee hopes that the Government will take its observations into account when it examines the matter and asks it to provide any relevant information in this respect.
The Committee notes the first report of the Government which covers the period ending 15 June 1990. In this connection, the Committee would be grateful if the Government would, in its forthcoming report, supply further particulars on the following Articles of the Convention:
Article 2, paragraph 2, of the Convention. Please describe the manner in which the procedures referred to in paragraph 1 were determined and indicate any consultations which took place with the representative organisations for this purpose.
Article 3 of the Convention. The Committee would request the Government to indicate whether consultations undertaken pursuant to the Convention are carried out on an equal footing, as far as the representation of employers and workers is concerned.
Article 4 of the Convention. The Committee would request the Government to indicate in its forthcoming report whether appropriate arrangements have been made between the competent authority (the Ministry of Labour) and the representative organisations for the financing of any necessary training of participants in the procedures required under the Convention.
Article 5 of the Convention. The Committee notes the consultations held during the reporting period. It would request the Government to provide further detailed information on the consultations carried out on each of the matters as set forth at points (a) through (e) of paragraph 1 of this Article. The Committee also would request the Government to indicate whether such consultations are undertaken at appropriate intervals fixed by agreement, but at least once a year. Please indicate the nature of any reports or recommendations made as a result of the consultations.
Article 6 of the Convention. The Committee would request the Government to indicate in its forthcoming report whether consultations regarding the issuing of an annual report have been carried out with representatives of organisations of employers and workers.
Point V of the report form. Please add a general appreciation of the manner in which the Convention is applied in practice, in so far as information has not already been supplied in response to previous questions.