Demande directe (CEACR) - adoptée 1998, publiée 87ème session CIT (1999)

Convention (n° 144) sur les consultations tripartites relatives aux normes internationales du travail, 1976 - Barbade (Ratification: 1983)

The Committee notes the two communications from the Government addressed to the ILO in June and October 1998. In those communications, the Government indicates that the Congress of Trade Unions and Staff Associations of Barbados (CTUSAB) would like to see a National Tripartite Committee established to deal with ILO matters and make consultations more effective. Such a Committee would constitute the appropriate body to discuss the ratification of ILO Conventions that have not yet been ratified. The Government indicates that the present system of consultations based on written communications does not appear to be very effective in the terms of the Convention. It has therefore decided to consult representative organizations of employers and workers regarding the possibility of establishing a National Tripartite Labour Committee.

The Committee notes this information, which demonstrates the interest of the Government and the social partners in ensuring full application of the Convention. The Committee requests the Government to keep the ILO informed of any progress made in this regard and trusts that, in the near future, it will be in a position to provide detailed information on the application of each of the provisions of the Convention, taking into account in particular the following indications.

Article 2 of the Convention. The Committee recalls that, under present provisions the procedures used must ensure "effective" consultations. In its 1982 General Survey on tripartite consultations, the Committee indicated that effective consultations were those which enabled employers' and workers' organizations to comment usefully on the matters listed in Article 5, paragraph 1, that is to say, consultations capable of influencing the Government's decision (paragraph 44). These consultations must therefore take place before the Government takes any decision.

Article 5, paragraph 1(a) (items on the agenda of the International Labour Conference). The Committee points out that consultations in this area should cover not only the Government's replies to questionnaires sent out in preparation for a first discussion, but also the Government's comments on draft instruments drawn up by the ILO as a basis for the second discussion.

Article 5, paragraph 1(b) (submissions of Conventions and Recommendations to the competent authorities). With regard to this point, the Committee in its 1982 General Survey indicated that the Convention goes beyond the obligation of submission laid down in article 19 of the ILO Constitution in that it asks governments to consult representative organizations before finalizing its proposals to the competent authority concerning the Conventions and Recommendations which must be submitted to it. An exchange of views or information after the instruments have been submitted to the competent authority would therefore not meet the purpose of the Convention (paragraph 109).

Article 5, paragraph 1(c) (re-examination of unratified Conventions and Recommendations). The Committee considered it useful to emphasize the importance of tripartite consultations in this area in promoting the implementation of international labour standards and to recall that the purpose of this provision is to allow governments to consider what measures might be taken, through changes in national legislation and practice, to promote the ratification of a Convention or the implementation of a recommendation which could not be put into effect at the time of submission to the competent authority.

Article 5, paragraph 1(d) (reports on ratified Conventions). With reference once again to its 1992 General Survey, the Committee recalls that this provision goes beyond reporting the obligation laid down in article 23, paragraph 2, of the Constitution. It requires consultations on problems arising out of reports to be made under article 22 of the Constitution on the application of ratified Conventions; these consultations in general concern the content of the reply to the comments of the supervisory bodies (paragraph 124).