Observation (CEACR) - adopted 1993, published 80th ILC session (1993)

Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) - Spain (Ratification: 1984)

1. The Committee notes the information supplied by the Government in its report and the comments made by the General Union of Workers (UGT) which considers, among other things, that consultation procedures should not be limited to written communications. It notes Act No. 21 of 17 June 1991 establishing the Economic and Social Council which, according to the Government's previous report, would be able to examine the matter of selecting a different consultation procedure. It notes the Government's indication that the above Council only came into operation in October 1992. The Committee observes that the Act of 1991 does not establish the participation of government representatives in the Council which acts in an advisory capacity for the Government particularly when legislation is prepared to regulate labour matters. Furthermore, according to the Government, since the Council is an autonomous body, there is nothing to prevent it from dealing with matters concerning international labour relations.

2. The Committee also notes that other observations made by the UGT reiterate its previous comments on a number of points to which the Government has replied: the Committee notes the Government's reply concerning the financing of any necessary training of participants in the procedures (Article 4, paragraph 2, of the Convention), and consultations on questions arising out of reports to be made to the International Labour Office under article 22 of the ILO Constitution (Article 5, paragraph 1(d)).

The Committee also observes that, according to the UGT, despite the fact that it expressly requested them, no consultations were held to examine the ratification of certain Conventions, particularly the Social Security (Minimum Standards) Convention, 1952 (No. 102) (Article 5, paragraph 1(c)).

3. The Committee notes the Government's statement that it is open to any proposals from employers' and workers' representative organizations to make the consultations more effective (Article 2). It would be grateful if the Government would continue to provide information on any progress made in this respect, indicating in particular the extent to which the above-mentioned Economic and Social Council is consulted on matters concerning ILO standards and activities.

4. Lastly, the Committee asks the Government in its next report to provide the information required on consultations on each of the subjects listed in Article 5, paragraph 1, particularly points (c) (re-examination at appropriate intervals of unratified Conventions) and (d) (consultations on reports to be made under article 22 of the Constitution).