Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

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

Articles 2 and 5 of the Convention. Consultation mechanisms and tripartite consultations required by the Convention. In its previous comments, the Committee requested information concerning the content and outcome of consultations held within the National Tripartite Commission on Social Partnership (RTK), particularly with regard to items placed on the agenda of the Conference (Article 5(1)(a)) and the re-examination of unratified Conventions (Article 5(1)(c)). With respect to the latter provision, the Committee notes the Government’s indication that the relevant national bodies have discussed the possible ratification of the Migration for Employment Convention (Revised), 1949 (No. 97); the Minimum Wage Fixing Convention, 1970 (No. 131); and the Collective Bargaining Convention, 1981 (No. 154). The Government further indicates that the recommendation of the national advisory bodies was that the above-referenced Conventions not be ratified at the present time. The Government adds that tripartite consultations in relation to the possible ratification of these instruments will nevertheless continue. The Government does not specify whether or not the consultations were held within the RTK. Furthermore, the Committee notes that the General Agreement for 2018–20 and the road map for its implementation were signed by the Government and the social partners on 31 January 2018. These express the positions of the tripartite constituents on issues related to employment, such as the technological modernization of the economy, the promotion of formal employment and productivity, and occupational safety and health. In the General Agreement 2018–20, the tripartite constituents undertake to hold tripartite consultations on the possible ratification of the above-mentioned instruments, as well as to consider possible ratification of the Social Security (Minimum Standards) Convention, 1952 (No. 102), and the Safety and Health in Agriculture Convention, 2001 (No. 184). The Committee requests the Government to provide updated detailed information on the content and outcome of the consultations held within the National Tripartite Commission on Social Partnership on each of the matters related to international labour standards listed under Article 5(1) of the Convention, particularly with regard to: Conference agenda items (Article 5(1)(a)); the re examination at appropriate intervals of unratified Conventions and Recommendations to which effect has not yet been given (Article 5(1)(c)); and questions arising out of reports to be presented on the application of ratified Conventions (Article 5(1)(d)). The Committee also requests the Government to provide information on the outcome of the tripartite consultations held with regard to the possible ratification of Conventions Nos 97, 102, 131, 154 and 184.

Article 4. Administrative support and financing of training. The Committee notes the information provided by the Government regarding the training provided to members of workers’ organizations during the first quarter of 2018 on labour law issues, such as collective agreements; social dialogue; occupational safety and health; and prevention and settlement of employment disputes. The Government indicates that the training was provided in the framework of the programme: “The Social Modernization of Kazakhstan: 20 Steps to a Society of Universal Labour”. The Committee once again requests that the Government provide information on the manner in which administrative support is provided for the procedures laid down in the Convention, as well as on arrangements made for the financing of any necessary training of participants in the consultative procedures.

Article 5(1)(b). Prior tripartite consultations on proposals made to Parliament. The Committee refers to its long-standing comments since 2010 on the constitutional obligation of submission, urging the Government and the social partners to examine the measures to be taken with a view to holding effective consultations on proposals made to Parliament when submitting the 36 instruments adopted by the Conference between 1993 and 2015. The Government indicates that, in April 2017, the Public Council for Social and Labour Matters was established by Ministerial Order No. 91 of 21 April 2017, with a view to holding effective consultations with, among other actors, the social partners, during the legislative process. The Government adds that tripartite consultations are also held within the RTK. Nevertheless, the Committee notes that the Government does not provide specific information on the measures taken to ensure effective consultations in relation to the 36 instruments adopted by the Conference between 1993 and 2015. The Committee recalls that prior effective tripartite consultations must be held with the representative organizations on the nature of the proposals to be made to Parliament when submitting ILO instruments adopted by the Conference (2000 General Survey on tripartite Consultation, paragraph 85). The Committee once again draws the Government’s attention to its previous comments on the effective obligation to submit and urges the Government to examine, together with the social partners, the measures to be taken in order to ensure prior effective consultations on the proposals made to Parliament when submitting the 36 instruments adopted by the Conference between 1993 and 2015, in addition to the Employment and Decent Work for Peace and Resilience Recommendation, 2017 (No. 205), adopted by the Conference at its 106th Session in 2017.