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

Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) - Ghana (Ratification: 2011)

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 information contained in the Government's report received in October 2020.

Article 4(2) of the Convention. Financing of training. In its previous comments, the Committee noted that, according to section 113(3) of the Labour Act, the Ministry of Labour must provide the National Tripartite Committee with such secretarial services as the Committee may require for the effective performance of its functions. The Government indicates that no trainings pursuant to Article 4 (2) have taken place. In its supplementary information, the Government indicates that it has funded several programmes through the Ministry, including the promulgation of the Domestic Workers Regulations, in the context of which it engaged workers’ and employers’ organisations and other stakeholders. The Committee reiterates its request that the Government provide detailed information on any arrangements made for the financing of any necessary training of participants in the consultative procedures, as well as information regarding any such trainings that have taken place or that are envisaged.

Article 5(1). Effective tripartite consultations. In its previous comments, the Committee noted that the functions of the National Tripartite Committee are included in section 113 of the Labour Act, and include international labour standards among the issues to be discussed (113 (b)). The Government indicates that there are always consultations taking place on the proposed texts to be discussed by the International Labour Conference and that the Tripartite Committee provides comments during the re-examination of unratified Conventions and Recommendations adopted by the Conference, which are forwarded to the Cabinet and subsequently to Parliament. The Committee once again requests the Government to provide specific information on the content, outcome and frequency of the tripartite consultations held on the matters relating to international labour standards covered by Article 5(1)(a), (b), (d) and (e) of the Convention.

Article 5(1)(c). Re-examination of unratified Conventions. In its previous comments, the Committee noted that the National Tripartite Committee discussed unratified Conventions (the Migration for Employment Convention (Revised), 1949 (No. 97), and the Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143)). In its report, the Government expresses its commitment to continue to engage in tripartite consultations on the re-examination of unratified Conventions, including Conventions Nos. 97 and 143 and the two remaining Governance Conventions (the Employment Policy Convention, 1964 (No. 122), and the Labour Inspection (Agriculture) Convention, 1969 (No. 129)). The Committee notes the Government’s indications that there are currently broad consultations taking place concerning the possible ratification of the two Governance Conventions. The Government reiterates that consultations on the possible ratification of the Private Employment Agencies Convention, 1997 (No. 181) are still ongoing and will inform the Committee once action is taken towards the ratification. The Committee notes that the Government envisages tabling the possible ratification of the Indigenous and Tribal Peoples Convention, 1989 (No. 169) for discussion in 2021. The Committee requests the Government to continue to provide information on the outcome of tripartite consultations on the re-examination of unratified Conventions, including Conventions Nos 97 and 143, as well as on Conventions Nos. 122 and 129. It also requests the Government to provide updated information on the nature and outcome of consultations held concerning Conventions Nos 169 and 181.

In the context of the global COVID-19 pandemic, the Committee recalls the comprehensive guidance provided by international labour standards. It encourages the Government to engage in tripartite consultation and social dialogue more broadly as a solid foundation for developing and implementing effective responses to the profound socio-economic impacts of the pandemic. The Committee invites the Government to provide updated information in its next report on measures taken in this respect, in accordance with Article 4 of the Convention and Paragraphs 3 and 4 of Recommendation No. 152, including with regard to steps taken to build the capacity of the tripartite constituents and strengthen mechanisms and procedures, as well as challenges and good practices identified.