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

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

The Committee notes the Government's report and the information which it contains in reply to its previous observation. The Government refers to the exchanges of information which have taken place during the period covered by the report. In addition, it indicates that no action has been taken as a result of the Committee's previous comments, since no alternative consultation procedure has been proposed by the representative organizations of employers and workers. In this regard, the Committee wishes to recall that in its 1982 General Survey it distinguished the simple exchange of information from consultation which constitutes a process assisting in decision-making (paragraph 42). Furthermore, the Committee notes that the Government's report contains insufficient information in response to its previous comments and trusts that in its next report it will provide complete replies to the questions raised in its previous observation which read as follows:

The Committee notes the comments received from the Trade Union Federation of Workers' Commissions (CC.OO.) in May 1995 and from the General Union of Workers (UGT) in July 1995. The Committee also notes the Government's report, received in August 1995, which refers to the comments made by the UGT and provides information in response to the Committee's previous observation.

1. The Committee notes that the General Union of Workers (UGT) reiterates its previous comments, alleging that the Government still does not hold effective consultations on ILO standards and activities. In particular, the UGT denounces the lack of consultations on the re-examination of unratified Conventions (Article 5, paragraph 1(c) of the Convention) and the difficulties encountered in holding effective consultations on the Government's reports due under article 22 of the ILO Constitution (Article 5, paragraph 1(d)). The workers' committees consider that the Economic and Social Council is not an appropriate body to supervise the application of the Convention and that the trade unions have not been consulted on the required procedures. The CC.OO. recalls in particular that Article 2 of the Convention lays down the obligation to ensure effective consultations which, under the terms of Article 5, paragraph 2, shall be undertaken at appropriate intervals fixed by mutual agreement.

2. The Committee notes the Government's statement in its report that it is ready to find any solution that resolves the practical problems of application raised. The Government emphasizes that it has established direct personal contacts in order to ensure that all written communications are received by the competent bodies of all the social and economic organizations. It also refers to a possible change in the system of consultation, provided that this is explicitly accepted by all the parties involved.

3. The Committee recalls that the Convention lays down that the nature and form of the consultation procedures shall be determined in accordance with national practice. Member States are obliged only to ensure that they are "effective", as required by Article 2, paragraph 1. With reference to its General Survey, the Committee points out once again that effective consultations are consultations which enable employers' and workers' organizations to have a useful say in matters relating to the activities of the ILO referred to in the Convention and the Recommendation. In the case under consideration, it observes that the above-mentioned workers' organizations do not consider written communications to be sufficient to give full effect to the provisions of the Convention. In these circumstances, and taking into account the positive attitude of the Government, the Committee considers it appropriate to suggest that the parties concerned would study the other possible methods proposed by Recommendation No. 152, though the list of such methods is not exhaustive. In addition, the Committee also recalls that Article 6 provides for the issue of an annual report on the working of the procedures "when this is considered appropriate after consultation with the representative organizations".

4. The Committee trusts that the Government will supply, in its next detailed report on the application of the Convention, information on the progress achieved with a view to operating appropriate procedures in order to ensure effective consultations to the satisfaction of all the parties concerned, taking into account the observations made, on the one hand, and the national practice, on the other hand.

The Committee requests the Government once again to take the measures necessary, as soon as possible, to bring its practice into full conformity with the essential provisions of the Convention.