Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) - Senegal (Ratification: 2004)

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comment

The Committee notes the observations of the National Confederation of Workers of Senegal (CNTS) and the observations of the National Federation of Independent Trade Unions of Senegal (UNSAS), supplied with the Government’s report. The Committee requests the Government to provide its comments in this regard.

Articles 2 and 5 of the Convention. Mechanisms for effective consultations.Consultations held during the period covered by the report. The Government indicates that it requests the most representative organizations to provide written observations on draft reports or replies to ILO questionnaires. When a representative organization provides observations on a draft report, the Government responds and subsequently communicates such observations, together with the report, to the ILO. The Government indicates that these consultations take place on a regular basis, whenever necessary. The Government indicates that, as representative organizations are involved both upstream and downstream in all matters relating to international labour standards, tripartism is effective in Senegal. However, the Government does not indicate whether and in what manner it has been established that the partners deem written consultations to be appropriate and sufficient to give effect to the provisions of the Convention. In this respect, the Committee notes that paragraph 2(3)(d) of Recommendation No. 152 indicates that consultations may take place “through written communications, where those involved in the consultative procedures are agreed that such communications are appropriate and sufficient”. As for the social partners’ observations, the UNSAS makes a positive assessment, without providing any specific indications. However, the Committee notes that the CNTS, while attesting to the sincerity of the information provided in the Government’s report, calls on the Government to communicate the draft reports in time for them to be examined. Noting that the Government does not provide information on the tripartite consultations held on the matters referred to in Article 5(1) of the Convention, including information on the frequency, content and outcome of these consultations, the Committee reiterates its request in this regard. The Committee also requests the Government to provide detailed information on the procedures in place to ensure effective tripartite consultations on all the matters referred to in Article 5(1). In this respect, the Committee trusts that the Government will take steps to ensure that the representative organizations of employers and workers have sufficient time to form their opinions and make any comments they deem appropriate on the drafts communicated. The Committee also requests the Government to indicate whether and in what manner those involved in the consultative procedures have agreed that written communications are appropriate and sufficient to give effect to the provisions of the Convention.

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

Article 5(1) of the Convention. Effective tripartite consultations. In its previous comments, the Committee requested the Government to provide updated information on the tripartite consultations held on each of the matters relating to international labour standards, in accordance with Article 5(1) of the Convention. The Government reports that there is a long-standing tradition of tripartism and social partnership in Senegal, and that it regularly meets its international obligations in relation to the most representative employers’ and workers’ organizations on all matters relating to industrial relations, particularly those set out in Article 5(1) of the Convention. In this context, the Government indicates that all the reports or documents produced in Senegal by national tripartite committees for the follow-up of occupational safety and health instruments are regularly addressed and shared with the most representative organizations of employers and workers and their observations and views are broadly taken into account. The Government adds that all reports are prepared and drawn up in a tripartite manner with the contribution of all the social partners. The Government indicates that these procedures have been developed in accordance with the provisions of the Convention and in a simplified format to avoid procedural constraints for participants. In this context, consultations have been held on the questionnaire for the ILO report Ending violence and harassment against women and men in the world of work, the ILO questionnaire concerning the abrogation and withdrawal of six international labour Conventions and the ILO report form on the annual follow-up concerning unratified fundamental Conventions, namely the Forced Labour Convention, 1930 (No. 29). The Government adds that consultations have also been held on the Report V(1) on Employment and decent work for peace and resilience: Revision of the Employment (Transition from War to Peace) Recommendation, 1944 (No. 71), the reports on unratified Conventions and Recommendations for 2017, reports under article 22 of the ILO Constitution for 2017 and the submission of the Protocol of 2014 to the Forced Labour Convention, 1930, and the Transition from the Informal to the Formal Economy Recommendation, 2015 (No. 204). The Committee requests the Government to provide fuller information on the outcome and content of the tripartite consultations held on each of the issues regarding international labour standards referred to in Article 5(1) of the Convention, including replies to questionnaires, submission to the competent authorities, the re-examination of unratified Conventions and Recommendations and reports to be submitted to the ILO. It also requests the Government to specify the frequency of these consultations.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Article 5 of the Convention. Effective tripartite consultations. The Committee notes the statement made by the Government in its report concerning the constant and continuous involvement of the social partners in social dialogue and the fact that prior consultation with occupational organizations is a reality in the practice relating to social dialogue. The Government also reports the establishment of national tripartite committees to follow up the ratification and application of the Occupational Safety and Health Convention, 1981 (No. 155), the Maternity Protection Convention, 2000 (No. 183), the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187), and the Domestic Workers Convention, 2011 (No. 189). The Government adds that these committees, in addition to awareness-raising activities, have developed plans of action which have been validated in tripartite meetings. The Committee requests the Government to provide updated information on the tripartite consultations held on each of the matters relating to international labour standards required by the Convention, including replies to questionnaires, submission to the competent authorities, re-examination of unratified Conventions and Recommendations, and reports to be made to the ILO.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Article 5 of the Convention. Effective tripartite consultations. In reply to the previous comment, the Government indicates in its report received in August 2014 that consultations are held regularly on all matters relating to the world of work, namely the principal issues relating to decent work, including international labour standards, with a view to compiling the related views and suggestions. The Government adds that ILO technical assistance enabled it to organize training workshops on international labour standards. It observes that a tripartite regional workshop, organized with the support of the ILO Programme to Support the Implementation of the 2008 Declaration (ILO/PAMODEC) with a view to developing and strengthening the capacities of national constituents, was held in January 2012, and that a tripartite regional workshop, organized by the International Training Centre (ILO–ITC) to strengthen national capacities for the preparation and communication of the reports to be provided to the ILO, was held in Dakar in August 2013. The Committee invites the Government to provide more detailed information on the tripartite consultations held on each of the matters set out in Article 5(1) of the Convention, with an indication of the frequency of these consultations, including the content of any reports or recommendations issued.

[The Government is asked to reply in detail to the present comments in 2015.]

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

Articles 2 and 5(1) of the Convention. Consultation mechanisms and tripartite consultations required by the Convention. The Committee notes the report received in December 2010 containing certain indications in reply to the direct request of 2008. The Government indicates that consultations are held on all the matters covered by Article 5(1) of the Convention. They are held on each occasion that the Government is called upon to reply to the various questions covered by the Convention. The organizations consulted give their views either orally, when consultations are held in the form of meetings, or in writing, when they are so requested in written communications. The Government observes that the views and positions of participants in meetings are set out in a report. However, certain occupational organizations, when their views are sought in writing, often do not reply. The Committee invites the Government to provide updated information in its next report on the consultations held with representative organizations of employers and workers, including an indication of the content of the reports or recommendations issued.

Article 4(2). Financing of training. The Government indicates that efforts are currently being made with ILO assistance (Programme for the Promotion of the 1998 Declaration) with a view to ensuring the necessary training for partners in the world of work on matters relating to international labour standards. The Committee invites the Government to include information in its next report on the assistance received from the ILO in this field and the arrangements made for the financing of any necessary training for participants in the consultation procedures.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Articles 2 and 5, paragraph 1, of the Convention. Consultation mechanisms and tripartite consultations required by the Convention. In reply to its previous direct request, the Government indicates in the report received in August 2008 that the mechanisms ensuring tripartite consultations are still the same and consist of meetings organized in consultation with the social partners. The report does not contain other indications on the matters covered by the Convention that are addressed in the context of these tripartite meetings. The Committee therefore requests the Government to provide information in its next report on the consultations held on each of the matters covered by paragraph 1 of Article 5 of the Convention, with an indication of the frequency of such consultations and the nature of any reports or recommendations issued.

Article 5, paragraph 1(b). Prior consultations with a view to the submission to the National Assembly of the instruments adopted by the International Labour Conference. In reply to the previous direct request, the Government indicates that consultations will be held in the same way as for the reports due under articles 19 and 22 of the Constitution. The Committee refers to the observation that it has been making for many years on the backlog in the submission of the instruments adopted by the International Labour Conference to the National Assembly and urges the Government to ensure that tripartite consultations are held in practice and that the instruments concerned are submitted to the National Assembly.

Article 4, paragraph 2. Financing of training. The Government recalls that the issue of training is still under examination and indicates that it will possibly call upon ILO technical assistance for financing and for any other issue relating to necessary training, information and communication for participants in the consultation procedures. The Committee once again hopes that the Government will soon be in a position to report on the arrangements made, if necessary with ILO assistance, for the financing of any necessary training of participants in the consultation procedures.

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

1. Articles 2 and 5, paragraph 1, of the Convention. Consultation mechanisms and tripartite consultations required by the Convention. The Committee notes the Government’s first report on the application of the Convention, received in October 2006. The Government indicates that, for the period under consideration, the Ministry of Labour has chosen, with the agreement of the social partners, to hold tripartite consultations in the form of meetings. The Government has applied the provisions of Article 5 of the Convention for the first time in the preparation of reports due under article 22 of the ILO Constitution for the period up to 1 September 2006. Tripartite consultations were held on 12 October 2006 on the reports to be presented regarding the application of 19 Conventions. The Committee refers to Article 2 of the Convention and invites the Government to indicate, in its next report, the result of the consultations held on the establishment of procedures ensuring effective tripartite consultations on all matters relating to international labour standards set out in Article 5, paragraph 1. It also refers to its observation on the obligation to submit instruments adopted by the International Labour Conference to the National Assembly (article 19 of the Constitution) and hopes that the next government report will contain relevant information on prior tripartite consultations held on this matter (Article 5, paragraph 1(b)).

2. Article 4, paragraph 2. Financing of training. The Government also indicates that the question of the training of persons participating in consultation procedures has not yet been settled. The Committee hopes that, in its next report, the Government will be able to report on any arrangements made, if necessary with assistance from the ILO, for the financing of any necessary training of participants in the consultative procedures.