Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) - Belgium (Ratification: 1982)

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

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The Committee notes the observations of the Federation of Enterprises in Belgium (FEB), received on 25 August 2023. It requests the Government to send its comments in this regard.

Article 5 of the Convention. Effective tripartite consultations. The Committee notes the detailed information provided by the Government on the tripartite consultations held in the National Labour Council (CNT). The Committee also notes that the Government considers that the 2019 collaboration protocol on tripartite exchanges in the National Labour Council helps to maintain a close and regular tripartite dialogue and to involve the social partners in the reporting exercise at an early stage. However, the Government continues to report difficulties with the regular reporting process and points to a lack of staff in the CNT in this respect. As to the observations of the social partners, the Committee notes that FEB criticizes the lack of consultation of the social partners prior to the sending of a letter on behalf of the Member States of the European Union, asking the Director-General of the ILO to include on the agenda of the ILO Governing Body the question of referring to the International Court of Justice for an advisory opinion on the interpretation of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87). The Committee requests the Government to respond to the observations of FEB and to continue to provide detailed and up-to-date information on the content and outcome of the tripartite consultations held in the CNT. The Committee also requests the Government to continue to provide information on the challenges and measures identified to optimize the application of the Convention, including by increasing the staff of the CNT.

COVID-19 pandemic. The Committee takes note of the information provided, which responds to its previous comment on the challenges and good practices identified during the COVID-19 pandemic.

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee has examined the application of the Convention on the basis of the supplementary information received from the Government this year, as well as the information at its disposal in 2019.

Article 5 of the Convention. Effective tripartite consultations. The Committee notes with interest the detailed information provided by the Government concerning the tripartite consultations held in the National Labour Council (CNT) during the period from 1 June 2016 to 31 May 2020, in which the CNT examined issues related to international labour standards. The Government indicates in its report that the practice relating to the application of Convention No. 144 in Belgium has undergone slight changes. These changes were introduced following reflection undertaken by the CNT, in close collaboration with the services of the administrative department responsible for employment, on the rationalization of regular reporting procedures on ratified and unratified Conventions. In this context, the working methods were adapted in order to provide support to the Government in terms of the content of replies and to achieve an optimal synergy between positions, while at the same time improving the transparency and effectiveness of the procedure of tripartite consultation in the broadest sense. Moreover, on 25 October 2019, in view of the need to rationalize the procedures, the CNT and the Federal Public Service for Employment, Labour and Social Dialogue, in collaboration with the Ministry of Employment, adopted a new collaboration protocol relating to the application of Convention No. 144. The new protocol updates the collaboration protocol concluded in 1983. The Committee notes that the new protocol contains a schedule setting out the various procedures and key moments with the aim of achieving an optimal national consultation process for the various ILO mechanisms. There is also a timeline of the reporting process on unratified Conventions and on ratified Conventions. The Government adds that, despite the efforts made by the services of the administration to make the process of tripartite consultation more fluid, the proper functioning of the exercise still runs up against obstacles, and particularly the difficulties related to the regular reporting process faced by the administrative services and, consequently, the social partners, who are consulted at the end of the process. The Committee notes the observations made by the Government concerning the need for the Office to commence in-depth reflection on possible improvements to the reporting process under articles 19 and 22 of the ILO Constitution and on the rationalization of the procedures on which consultation is based. In this regard, the Committee draws the Government’s attention to the guidance provided by the Governing Body of the ILO at its 335th Session in March 2019, in the context of the Standards Initiative, concerning the streamlining of reporting, with a view to reducing the reporting burden on member States (GB.335/INS/5, Part 3.1, paragraphs 51 and 52). The Committee requests the Government to continue providing detailed and updated information on the impact of the new collaboration protocol adopted to optimize the functioning of the National Labour Council (CNT). It also requests the Government to continue providing detailed information on the content and outcome of the tripartite consultations held within the framework of the CNT.

COVID-19 pandemic. The Committee notes that, in light of the COVID-19 pandemic, the tripartite consultations on international labour standards have been temporarily disrupted. The Government notes the CNT’s insistence that the traditional processes for the involvement and consultation of the social partners are duly re-established following this period of crisis related to the pandemic. In this context, the Committee recalls the guidance provided by international labour standards and encourages the Government to make use of tripartite consultations and social dialogue as a solid basis for the preparation and implementation of effective responses to the deep-rooted socio-economic repercussions of the pandemic. The Committee invites the Government to provide updated information in its next report on any measures adopted in this respect, in accordance with Article 4 of the Convention and Paragraphs 3 and 4 of Recommendation No. 152, including with regard to any measures taken to reinforce the capacities of the tripartite constituents and to improve national tripartite procedures and mechanisms. It also requests the Government to provide information on the challenges faced and the good practices identified in relation to the application of the Convention during and after the period of the pandemic.

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

The Committee notes with interest the report transmitted by the Government, which was formulated by the National Labour Council, and the full opinions issued by the Council on the matters covered by tripartite consultations, which are regularly transmitted to the Office with the Government's reports.

However, the Committee notes that the Government's report, in the same way as its reports for previous periods, refers to the consultations held in the National Labour Council on Article 5, paragraph 1(a), (b) and (e), of the Convention, under the terms of the Protocol Agreement of 1983.

The Committee would be grateful if the Government would indicate the manner in which the consultations provided for under points (c) and (d) of the same paragraph are held (the re-examination of unratified Conventions and questions arising out of reports to be made under article 22 of the Constitution), concerning which the above Protocol contained practical proposals on the procedures to be followed.