Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

Labour Clauses (Public Contracts) Convention, 1949 (No. 94) - Bermuda

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

In its previous comments, the Committee had drawn the Government’s attention to the need to ensure the insertion of appropriate labour clauses in public contracts in conformity with the requirements of the Convention in view of the fact that it was never made clear whether the revised administrative instructions of 29 December 1962, by which effect was given to the Convention, were still in force. In its last report, the Government states that it is in the process of drafting legislation to address employment standards and that following consultations with the social partners a bill will be prepared for submission to the legislature.

The Committee firmly hopes that the Government will make every effort to enact implementing legislation in the very near future. It also requests the Government to indicate in its next report any progress achieved in this regard.

In addition, the Committee asks the Government to supply, in accordance with Part V of the report form, all available information on the manner in which the Convention is applied in practice and to provide a sample of the public contracts now in use.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Finally, the Committee seizes this opportunity to refer to this year’s General Survey which contains an overview of public procurement practices and procedures in so far as labour conditions are concerned and makes a global assessment of the impact and present-day relevance of Convention No. 94.