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Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) - Kazakhstan (Ratification: 2000)

Other comments on C144

Observation
  1. 2011

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The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.
Repetition
Articles 2 and 5 of the Convention. Consultation mechanisms and tripartite consultations required by the Convention. The Committee notes the Government’s report received in September 2012 which includes the observations received from the Trade Union Federation of Kazakhstan (FPRK), the National Economic Chamber of Kazakhstan (Atameken), the National Association of Mining and Metallurgical Enterprises, and the Union of Manufacturers and Exporters of Kazakhstan. With respect to the consultation mechanisms, the Committee notes that the duties of the National Tripartite Commission on Social Partnership include, among others, to hold consultations and propose recommendations on issues relating to the ratification and application of international labour standards. The Committee notes from the Government’s report that four meetings of the National Tripartite Commission on Social Partnership were held from August 2010 to August 2012. The Government indicates that by a decision of 6 April 2012, the National Tripartite Commission approved a schedule providing for seven meetings to be held in 2012. The Committee invites the Government to provide information on the activities of the National Tripartite Commission on Social Partnership which ensure effective consultations with respect to the matters covered by the Convention. It also invites the Government to provide information on the content and outcome of the consultations held on each of the matters concerning international labour standards covered by Article 5(1) of the Convention.
Article 4. Administrative support and financing of training. The Committee notes that one of the outcomes of the Decent Work Country Programme of the Republic of Kazakhstan, 2010–12, aims to enhance the efficiency and impact of social dialogue at all levels and the role and status of tripartite bodies. One of the measures listed to achieve this outcome is through the training of employers’ and workers’ organizations to strengthen their institutional capacities. The Committee invites the Government to provide information on the arrangements made for the financing of any necessary training of participants on the consultative procedures. Please also describe the manner in which administrative support is provided for the procedures operated for the purpose of the Convention.
Article 5(1)(b). Prior tripartite consultations on proposals made to Parliament. The Committee recalls that the Convention requires effective prior consultations to be held on the proposals made to Parliament when submitting the instruments adopted by the Conference. Even if the Government does not intend to propose the ratification of a Convention, the social partners must be consulted sufficiently in advance for them to reach their opinions before the Government finalizes its decision. The Committee refers to its previous observations on the importance of submitting to Parliament instruments adopted by the Conference and trusts that the Government and the social partners will examine the measures to be taken with a view to holding effective consultations on the proposals made to Parliament when submitting the instruments adopted by the Conference, as required by the Convention.
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