Demande directe (CEACR) - adoptée 2011, publiée 101ème session CIT (2012)

Convention (n° 144) sur les consultations tripartites relatives aux normes internationales du travail, 1976 - Nicaragua (Ratification: 1981)

Tripartite consultations required by the Convention. Communication of draft reports. The Committee notes the comments of the Confederation of Trade Union Unity of Nicaragua (CUS), forwarded to the Government in September 2011. The CUS objects that it received no reports on the application of ratified Conventions and was not invited to comment at a tripartite meeting. In its observation of 2010, the Committee pointed out that the obligation, deriving from Article 5(1)(d) of the Convention, to consult the representative organizations on the reports to be made concerning the application of ratified Conventions, must be distinguished from the obligation to communicate reports under article 23(2) of the ILO Constitution. The tripartite consultations required by the Convention must be held during the process of preparing reports. Where consultations are held in writing, the Government should communicate a draft report to the representative organizations in order to gather their opinions before preparing its definitive report (General Survey of 2000 on tripartite consultations, paragraph 92). The Committee requests the Government to provide information, in the report due in 2012, on the manner in which it ensures full compliance with the requirement to hold tripartite consultations during the preparation of draft reports on the application of ratified Conventions (Article 5(1)(d) of the Convention). The Committee also again asks the Government to send detailed information on consultations held on the other matters relating to international labour standards set forth in Article 5(1) of the Convention and to indicate whether these tripartite consultations were held within the National Labour Council.