Demande directe (CEACR) - adoptée 2018, publiée 108ème session CIT (2019)

Convention (n° 144) sur les consultations tripartites relatives aux normes internationales du travail, 1976 - Japon (Ratification: 2002)

The Committee notes the observations of the Japanese Trade Union Confederation (JTUC–RENGO), as well as the observations of the Japan Business Federation (KEIDANREN), received on 14 September, together with the Government’s report. The Committee requests the Government to provide its comments in this respect.

Article 5 of the Convention. Effective tripartite consultations. The Committee welcomes the detailed summary provided by the Government of the tripartite meetings held between June 2015 and May 2018 in the tripartite ILO Panel on the matters covered by the Convention. In response to the Committee’s previous comments regarding efforts made to improve consultations, the Government indicates that, in the 28th ILO Panel held on 3 March 2017, the workers’ organization made a request that the ILO Panel be open to the public, that the frequency of meetings be increased and that the minutes be made public. The Government indicates that it expressed its view that making the ILO Panel open to the public could prevent free tripartite discussions, that merely increasing the number of meetings held might not allow sufficient time to prepare for discussions, being of the view that meeting twice yearly is adequate, and that releasing the minutes may prevent frank discussion. The Government nevertheless undertook to provide more detailed minutes in the future. In its observations, KEIDANREN shares the Government’s view and maintains that, in order for the discussions at the ILO Panel to remain effective and fruitful, the number of meetings held should not simply be increased and that moreover, its minutes should not be disclosed. The Committee also takes note of the information provided by the Government on the tripartite discussions held regarding preparation of reports on the application of ratified Conventions for 2015, 2016 and 2017. Regarding consultations on unratified Conventions, the Government indicates that it determines the Conventions to be discussed at the ILO Panel after considering the requests of employers’ and workers’ organizations and cooperating with the Ministries concerned to seriously examine challenges with respect to possible ratification. The Committee notes that specific tripartite consultations were held in 2016 and 2017 to consider the prospects of ratification of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), the Part-Time Work Convention, 1994 (No. 175), and the Maternity Protection Convention, 2000 (No. 183). JTUC–RENGO maintains that, although the ILO Panel has been convened periodically since 2003, there are still no prospects of ratifying the Abolition of Forced Labour Convention, 1957 (No. 105), and Convention No. 111, which are both fundamental Conventions. JTUC–RENGO adds that it has repeatedly called for the Government to identify domestic laws and regulations that require amendment, with an eye to the future ratification of unratified ILO Conventions. With regard to this point, JTUC–RENGO requests that the ILO Panel be provided with more complete information concerning what has been deliberated within the Government. In addition, JTUC–RENGO observes that “The Fourth Basic Plan for Gender Equality”, formulated by the Government in December 2015, refers to the commencement of specific deliberations with regard to Conventions Nos 111, 175, 183 and the Domestic Workers Convention, 2011 (No. 189), but does not specifically mention institutions to be involved in the deliberation, or the involvement of social partners. JTUC–RENGO maintains that the specific status of the consideration of ratification of these Conventions remains unclear and adds that it is difficult to make progress towards the ratifications, given that the ILO Panel only deliberates on a maximum of two Conventions each year. The Committee requests the Government to continue to report on the measures taken to improve tripartite consultations on international labour standards. It also requests the Government to continue to provide information on the content and outcome of the consultations on the matters listed in Article 5(1) of the Convention, including consultations held to re-examine the prospects of ratification of unratified ILO Conventions, specifically those identified by the social partners, namely Conventions Nos 105, 111, 175 and 189 (Article 5(1)(c)).