Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) - Chile (Ratification: 1992)

Effective tripartite consultations. The Committee notes the Government’s detailed report received in November 2009. The Committee recalls its observations of 2007 and 2008 in which it noted the comments made by the National Union of Workers of Chile (UNT), received in June and August 2007. The UNT alleged systematic discrimination, complaining that it was excluded from the meetings convened in accordance with the Convention, particularly meetings to discuss ILO-related matters. The UNT wished to be consulted in accordance with Articles 2, 3 and 5 of the Convention. The Committee notes the Government’s replies received in April 2009 recalling the existence of three trade union confederations established in accordance with national law. The Government indicates that, on 10 February 2009, the Single Confederation of Workers (CUT) had a membership of 447,971 workers, compared to the National Union of Workers with a membership of 41,113 workers. According to the Government, the clearly larger membership of the CUT, the fact that it is a national trade union confederation providing general representation of the interests of Chilean workers and the fact that it combines all productive sectors in both the private and public sectors, means that the CUT is indisputably representative for the purposes of Articles 1, 2 and 5. The Government maintains that ignoring that representativeness would mean ignoring the will of the workers freely exercising their right to choose the workers’ association which most reflects their right to organize. The Government observes that the procedures for ensuring effective consultations as set out in Article 5 make no reference to the appointment of delegates for the International Labour Conference in accordance with the provisions of article 3 of the ILO Constitution. In its report, the Government states that the CUT was deemed the only organization having the “representative” nature established in the Convention. The Committee refers to paragraphs 34–38 of its 2000 General Survey on tripartite consultations. In this General Survey, the Committee indicated that although the Convention requires that the most representative organizations of employers and workers participate in consultations, it does not in any way prevent the involvement of representatives of other organizations. The Committee understands that, by using the phrase “representative organizations” in the plural, the Convention invites Governments to include in the procedures those representative organizations which have indicated their interest in participating in the tripartite consultations required by the Convention. The Committee recalls that the Government previously indicated that Chilean workers are organized in three trade union confederations: the Single Confederation of Workers, the Autonomous Confederation of Workers and the National Union of Workers of Chile. The Committee therefore requests the Government to examine once again, in consultation with the interested representative organizations, the manner in which it can be ensured that the representative organizations of workers participate in the tripartite consultations concerning international labour standards required by the Convention (Articles 2 and 5 of the Convention).

Article 5, paragraph 1, subparagraphs (b) and (c). Tripartite consultations required by the Convention. The Committee refers to its observation on the fulfillment of the obligation to submit the instruments adopted by the Conference to the National Congress. The Committee once again requests the Government to provide information on the tripartite consultations required by the Convention with regard to this constitutional obligation.