Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) - Comoros (Ratification: 2014)

The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee proceeded with the examination of the application of the Convention on the basis of the supplementary information received from the Government this year, as well as on the basis of the information at its disposal in 2019.

The Committee notes the observations of the Workers’ Confederation of Comoros (CTC), received on 28 August 2018. The Committee requests the Government to send its comments in this respect.

Articles 1, 2 and 5 of the Convention. Representative organizations. Effective tripartite consultations. The Committee notes the Government’s first report on the application of the Convention. However, it notes that, overall, the information in the report does not enable it to fully evaluate the effect given to the provisions of the Convention. The Government indicates that the national legislation, in particular the Constitution, the Labour Code and the Public Service Act, recognizes the representativeness of trade unions and employers’ organizations. In its observations, the CTC confirms the information sent by the Government and adds that the Act establishing the National Solidarity and Social Welfare Fund and the Decree issuing its regulations were adopted before the ratification of the Convention. The Government emphasizes that the trade unions and employers’ organizations have been consulted in the preparation of strategic documents relating to employment and decent work, and that they form part, in certain executive boards, of the institutions that come within the competence of the Ministry of Labour. It adds that documents of the International Labour Conference and, at times, copies of comments on ILO Conventions and Recommendations are forwarded to representative employers’ and workers’ organizations. The Government indicates that it takes care to inform the social partners of all arrangements made for promoting the implementation and ratification of unratified Conventions and Recommendations to which effect has not yet been given. In that connection, the Committee recalls that, to be “effective”, the consultations must necessarily take place before final decisions are taken, irrespective of the nature or form of the procedures adopted. The effectiveness of consultations thus presupposes in practice that employers’ and workers’ representatives have all the necessary information far enough in advance to formulate their own opinion (see the 2000 General Survey on tripartite consultation, para. 31). The Government adds that, since the ratification of the Convention, it has not received any supervision from the ILO and the application of the provisions of the Convention has been lacking. The CTC points out that the labour and employment advisory commission is in place but that it is not operational at present, its last session dating back to November 2015. The CTC also maintains that structured social dialogue has been interrupted at present by the Ministry of Labour. The Committee takes note of the Government’s indication that the appropriate framework put in place had been unable to meet since November 2015 and that the Government is requesting technical assistance from the Office with a view to promoting the Convention. In the supplementary information provided, the Government indicates that Comoros is committed to implementing the procedures to ensure effective consultations with employers and workers on questions concerning employment and work, and to promote a culture of social dialogue by encouraging concertation between the social actors within enterprises. The Committee requests the Government to indicate which are the representative organizations for the purposes of the Convention. The Committee also requests the Government to provide detailed information on the substance, frequency, outcome and content of tripartite consultations held on each of the matters relating to international labour standards covered by the Convention, including: questionnaires concerning items on the agenda of the International Labour Conference (Article 5(1)(a)); proposals to be made in connection with the submission to the National Assembly of instruments adopted by the Conference (Article 5(1)(b)) and the re-examination at appropriate intervals of unratified Conventions and of Recommendations to which effect has not yet been given (Article 5(1)(c)); reports to be made on the application of ratified Conventions (Article 5(1)(d)); and proposals for the denunciation of ratified Conventions (Article 5(1)(e)).

COVID-19 pandemic. The Committee notes that, in view of the COVID-19 pandemic, the tripartite consultations concerning international labour standards may have been postponed. In this context, the Committee recalls the guidance provided by international labour standards and encourages the Government to make use of tripartite consultations and social dialogue as a solid basis for the preparation and implementation of effective responses to the deep-rooted socio-economic repercussions of the pandemic. The Committee invites the Government to provide updated information in its next report on any measures adopted in this respect, in accordance with Article 4 of the Convention and Paragraphs 3 and 4 of Recommendation No. 152, including with regard to any measures taken to reinforce the capacities of the tripartite constituents and to improve national tripartite procedures and mechanisms. It also requests the Government to provide information on the challenges faced and the good practices identified in relation to the application of the Convention during and after the period of the pandemic.