Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

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

1. With reference to the comments it has been making for many years, the Committee notes with regret that the Government's report covering the period ending on 31 May 1997 still provides insufficient information for the Committee to assess fully the effect given to the fundamental provisions of the Convention.

2. The Committee recalls that the Convention covers primarily tripartite consultations to promote the implementation of international labour standards, and once again asks the Government to provide detailed replies in its next report to the questions raised in the report form under Articles 2, 5 and 6, taking account of the following indications.

Article 2 of the Convention. Please describe how the nature and form of the procedures followed by the Joint Tripartite Advisory Committee or the representative organizations of employers and workers ensure that effect is given to this Article, paragraph 1 of which requires the consultations covered by the Convention to address all the subjects listed in Article 5, paragraph 1. Consultation procedures must be effective, which means that they must enable employers' and workers' organizations to comment usefully on the subjects in question. The consultations must therefore be held before the Government takes a decision.

Article 5, paragraph 1. Please provide particulars of the consultations held on each of the subjects mentioned below, including information on their frequency and the nature of any reports or recommendations made as a result of the consultations. In this connection the Committee recalls that some of the subjects (replies to questionnaires, submissions to the competent authorities, reports to be submitted to the ILO) require yearly consultation, whereas others (re-examination of unratified Conventions and Recommendations, proposals for the denunciation of ratified Conventions) need less frequent review.

Subparagraph (a) (Items on the agenda of the International Labour Conference). Under this provision, the Government is required to consult the representative organizations of employers and workers before drafting the final text of its replies to ILO questionnaires. These consultations should cover not only replies to the questionnaires sent in preparation for a first discussion, but also the Government's comments on draft texts drawn up by the ILO as a basis for the second discussion.

Subparagraph (b) (Submission of Conventions and Recommendations to the competent authorities). On this point the Committee stated in its General Survey of 1982 (paragraph 109) that the Convention goes beyond the obligation to submit stipulated in article 19 of the ILO Constitution and requests governments to consult the representative organizations before finalizing its proposals to the competent authority concerning the Convention 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.

Subparagraph (c) (Re-examination of unratified Conventions and Recommendations). The purpose of tripartite consultations on this subject is to promote the implementation of international labour standards by allowing the Government to envisage, through changes in national legislation and practice, the measures which might be taken in order to facilitate the ratification of a Convention or the implementation of a Recommendation, which were unable to be put into effect at the time of submission.

Subparagraph (d) (Reports on ratified Conventions). This provision goes beyond the reporting obligation laid down in article 23, paragraph 2, of the Constitution. It requires consultations on problems that may arise out of reports to be made under article 22 on the application of ratified Conventions. As a rule such consultations concern the content of the reply to the comments of the supervisory bodies.

Article 6. This provision requires the Government to consult the representative organizations of employers and workers on the need to produce an annual report on the working of the procedures provided for in the Convention. If there have been no such consultations, the Committee would be grateful if the Government would hold them as soon as possible and provide information on their outcome.