Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

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

The Committee takes note of the information provided by the Government in reply to its previous observation. It notes with interest that the Ministry of Labour in September 1998 organized a tripartite seminar which dealt among other things with the activities of the ILO, and which testifies to the will of the Government to allow the social partners to participate effectively in the consultation procedures on the matters referred to in the Convention.

The Government indicates that the Joint Tripartite Advisory Committee met on ten occasions last year and that the representative organizations of employers and workers were regularly consulted on the matters referred to in Article 5, paragraph 1(a), (b) and (d), of the Convention. The Government in addition proposes to carry out consultations on the re-examination of unratified Conventions and Recommendations (subparagraph (c)).

The Committee trusts that the Government will continue to provide information which will allow it to assess fully the effect given to the provisions of the Convention. In this regard, the Committee refers to its previous comments and requests the Government to provide detailed answers in its next report to the questions raised in the report form for each Article, taking account of the following indications.

Article 2. Please describe how the nature and the form of the procedures followed by the Joint Tripartite Advisory Committee ensure that effect is given to this Article. The Committee recalls that under the terms of paragraph 1, the procedures applied must ensure "effective" consultations. In its 1982 General Survey on the Convention, the Committee explained that the consultations required were those which would enable employers' and workers' organizations to comment usefully on the subjects listed in Article 5, paragraph 1, that is, consultations capable of influencing the Government's decision (paragraph 44). The consultations must therefore be held before the Government takes any decision.

Article 5, paragraph 1(a) (Items on the agenda of the International Labour Conference). The Committee points out that consultations on this question should cover not only the Government's replies to questionnaires sent out 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) (Submissions of Conventions and Recommendations to the competent authorities). With regard to this point, the Committee in its 1982 General Survey indicated that the Convention goes beyond the obligation of submission laid down in article 19 of the ILO Constitution in that it asks Governments to consult representative organizations before finalizing its proposals to the competent authority concerning the Convention and Recommendation 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 (paragraph 109).

Subparagraph (c) (Re-examination of unratified Conventions and Recommendations). The Committee considered it useful to emphasize the importance of tripartite consultations in this area in promoting the implementation of international labour standards and to recall that the purpose of this provision is to allow governments to consider what measures might be taken, through changes in national legislation and practice, to promote the ratification of a Convention or the implementation of a Recommendation which could not be put into effect at the time of submission to the competent authority.

Subparagraph (d) (Reports on ratified Conventions). Referring once again to its 1982 General Survey, the Committee recalls that 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 (paragraph 124).

Article 6. The Committee notes the wish expressed by the Government to consult the representative organizations on the need to produce an annual report on the working of the procedures provided for in the Convention. The Committee asks the Government to provide information on the results of any such consultations.