Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) - Nicaragua (Ratification: 1981)

Article 5(1) of the Convention. Tripartite consultations required by the Convention. The Committee notes the Government’s report received in August 2010 in reply to the observation of 2009, including information on the consultations held on the matters covered by the Convention. The Government also indicates that, on 18 March 2010, the National Labour Council was set up, with the focus on strengthening social dialogue and real tripartism. The Committee recalls that the powers and duties of the Plenary of the National Labour Council included serving as an entity and means of consultation for the purposes of compliance with the Convention (section 5(j) of Act No. 547 of August 2005). The Committee requests the Government to supply detailed information in its next report on the consultations held on matters relating to international labour standards provided for in Article 5(1) of the Convention. The Committee requests the Government to specify the activities of the National Labour Council relating to the tripartite consultations required by the Convention.  

Article 5(1)(d). Transmission of draft reports. The Committee again observes the Government’s indication that copies of the reports have been transmitted to the employers’ and workers’ organizations. The Committee recalls its previous comments in which it stated that the obligation to consult the representative organizations on the reports to be made concerning the application of ratified conventions, under the terms of Article 5(1)(d) of the Convention, must be distinguished from the obligation to communicate reports under article 23(2) of the ILO Constitution. The tripartite consultations required by the Convention must be held during the process of preparing reports. Where consultations are held in writing, the Government should transmit a draft report to the representative organizations in order to gather their opinions before preparing its definitive report (paragraph 92, General Survey of 2000 on tripartite consultation). The Committee requests the Government to supply information on the manner in which its practice has developed with regard to the consultations required when preparing draft reports on the application of ratified Conventions.