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

Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) - Curaçao

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Articles 2 and 5 of the Convention. Effective tripartite consultations. With respect to the content and outcome of tripartite consultations held concerning matters covered under Article 5(1) of the Convention, the Government indicates that the social partners are provided with the opportunity to provide input into the reports to be made to the ILO in relation to Conventions. Moreover, they provide their comments on an annual tripartite position paper, the “ILC Koninkrijksinstructie”, which addresses all topics on the agenda of the International Labour Conference. The Committee notes that, according to the Government’s report, the tripartite position paper is agreed upon by the Council of Ministers of the Kingdom of the Netherlands, and is discussed intensively by the Kingdom Government, which includes, in addition to the Dutch Ministers, one Minister of Curacao, a Minister of Sint Maarten and a Minister of Aruba. The Government adds that the social partners are also given the opportunity to express their views regarding the ratification of ILO Conventions, citing the ratification of the Labour Relations (Public Service) Convention, 1978 (No. 151) on 31 May 2016 as a good practice example. Furthermore, the social partners have the opportunity to express their wishes regarding the ILO Conventions to be ratified. The Government expresses the view further that dialogue and consultations between the government and the social partners is bearing fruit, indicating that the denunciation of ratified Convention and re-examination of unratified Conventions and Recommendation to which effect has yet not been given is the next step to be taken in the open and sometimes heated dialogue within this tripartite platform. In addition, the Committee notes the information provided by the Government on the framework for tripartite consultation in relation to the matters relating to international labour standards. The Committee notes that the Government does not provide any information on the content and outcome of tripartite consultations held regarding the Government’s replies to questionnaires concerning items on the agenda of the International Labour Conference. The Committee requests the Government to indicate the manner in whichtripartite consultation is carried out in connection with the preparation of the tripartite position paper prior to its finalization and discussion in the Council of Ministers. In addition, the Committee once again requests the Government to provide full, detailed and updated information on the frequency, content and outcome of tripartite consultations held on all of the matters relating to international labour standards covered by Article 5(1)(a) through (e).

Article 4. Administrative support and financing of training. The Committee notes the information provided by the Government in reply to its previous request concerning the application of this Article.

Article 6. Operation of the consultative procedures. The Government indicates that, the social partners are involved in the process of drafting the annual ILO reports, which takes place from March to August of each year. Moreover, if the social partners do not provide their responses within a reasonable period of time, government officials make arrangements to meet with them to facilitate the exchange of information. The Government adds that during these informal meetings, which take place in smaller settings, the social partners contribute practical suggestions and comments in full conformity with the requirements of the Convention. The Committee nevertheless notes that the Government does not provide any information on the outcome of these consultations or on the impact they may have on the annual report. The Committee invites the Government to provide information on the outcome and impact of the tripartite consultations held with the social partners in the preparation of the annual reports.