Observation (CEACR) - adopted 1995, published 82nd ILC session (1995)

Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) - Ecuador (Ratification: 1979)

1. The Committee notes the Government's report. It also notes the observations on the application of the Convention sent by the Ecuadorian Central of Class Organizations (CEDOC), as well as the Government's comments on them. The CEDOC alleges that the Government holds tripartite consultations only very rarely. It also asserts that the Government has not sought information from the workers' organizations concerning the items on the agenda of the 1995 Session of the International Labour Conference. With its report the Government sent a copy of the various communications sent to the employers' and workers' organizations (including the CEDOC, e.g. "Oficio" No. 146-94 of 16 August 1994 concerning an item on the Conference agenda), but states that it has received no comment in response. The Committee observes that consultations which the Government carries out by written communication may well be ineffective, contrary to what is requested by Article 2 of the Convention. In this connection the Committee recalls that in its previous comments it expressed the hope that the Government would be in a position to organize such consultations in the near future and that it would provide full information and details on consultations held concerning each of the items set out in Article 5, paragraph 1. It trusts that in the next report the Government will indicate the frequency of such consultations and the nature of reports and recommendations resulting from them.

2. With reference to its previous comments, the Committee notes that, since for the time being no international instruments have been submitted and that no unratified Conventions have been re-examined with a view to their ratification, there have been no consultations on these matters. The Committee recalls that the re-examination at appropriate intervals of unratified Conventions and Recommendations to which effect has not yet been given, to consider what measures might be taken to promote their implementation and ratification as appropriate, is required under Article 5, paragraph 1(c), of the Convention. The Committee trusts that the Government's next report will contain details of the measures taken to hold the consultations required by this provision of the Convention. Furthermore, the Committee has also recalled that the obligation to hold consultations, established in Article 5, paragraph 1(d), does not stop at simply transmitting the reports on ratified Conventions to the representative organizations. The Committee asks the Government to indicate the procedures for the consultations held on matters that might arise out of its reports.

3. The Committee notes that in the Government's plan of action "Agenda for Development 1993-96", dialogue and cooperation in the field of labour are to be encouraged. The Government states that a plan for technical cooperation in the field of labour is being prepared and will be implemented by the Ministry of Labour with technical and economic support from the ILO and the UNDP. The Committee notes with interest that the above plan's objectives include institutionalizing certain bodies involved in the dialogue on social and labour matters which concern the activities referred to in Article 5 of the Convention. The Committee trusts that in its next report the Government will indicate the action undertaken in the context of the above-mentioned assistance.