Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) - Zimbabwe (Ratification: 1989)

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

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The Committee notes the observations from the Zimbabwe Congress of Trade Unions (ZCTU), received on 31 August 2022. The Committee requests the Government to provide its comments in this respect.

Article 2 of the Convention. Strengthening social dialogue. The Committee welcomes the adoption of the Tripartite Negotiating Forum (TNF) Act, 2019 (hereinafter TFN Act) in June 2019, which establishes the TNF as a tripartite platform for social dialogue and negotiations over socio-economic issues. The TFN is composed of three structures: the Main TFN, the Technical Committee and the Secretariat. The Government indicates that the Treasury has allocated a budget for the TFN operationalization with a view to improving its efficiency and that measures have been taken towards the appointment of head of its Secretariat (TNF Executive Director). For its part, the ZCTU emphasizes the need to speed up the operationalization of the TNF and the establishment of an independent Secretariat. The ZCTU reiterates its concerns regarding section 19 of the TFN Act, which still requires preservation of secrecy concerning information related to the business of the TNF, and section 19(3), which provides for the imposition of a fine and/or imprisonment for a period not exceeding three years. The ZCTU requests its amendment, in consultation with the social partners and emphasizes that criminalizing the disclosure of information in the social dialogue process does not promote good industrial relations and calls for the promotion of transparency and openness in the social dialogue process. In this respect, the Committee notes the Government’s indication that it was agreed with the social partners to submit the amendment of section 19 before the TNF Technical Committee to consider different proposals on how to ensure confidentiality of the issues discussed within the TNF without resorting to criminal penalties applicable to social partners. In its report, the Government indicates that, following the consideration of the proposals, the amending process of section 19 would be initiated. While it understands that certain information dealt with by the TNF may require its members to observe confidentiality obligations, the Committee finds it difficult to understand how the subjects listed in Article 5 of the Convention could be made subject to such confidentiality rules when they are meant precisely to have these issues discussed openly with the social partners so that they can inform their respective constituencies. Lastly, the Government refers to the adoption of the Zimbabwe Tripartite Partners’ Action Plan with a view to addressing some of the issues raised by the Direct Contact Mission (DCM), which visited the country in April 2022 following a request by the Conference Committee on the Application of Standards at its 108th Session (June 2019) in the context of the examination of the implementation of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87). The Action Plan envisages the adoption of, inter alia, measures to strength social dialogue and tripartism through the TFN. The Committee therefore requests the Government to provide updated detailed information on any progress made as regards the amendment of section 19 of theTripartite Negotiating Forum (TNF) Act, 2019, with a view to eliminating the imposition of sanctions for disclosing information related to the issues as to Article 5 of the Convention. The Committee also requests the Government to provide updated detailed information on the situation with regard to the establishment and operation of the TNF, including the establishment of its Secretariat. The Committee refers to its 2022 observation on the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), where it encouraged the Government to continue engaging with its social partners and the Office to ensure the implementation of theZimbabwe Tripartite Partners’ Action Plan.

Article 5. Effective tripartite consultations. The Committee notes that, according to section 3(3) of the TFN Act, the TNF includes among its main functions: carrying out consultations and negotiating over social and economic issues and submitting recommendations to Cabinet; negotiating a social contract, as necessary; and fostering cooperation of the tripartite constituents and other stakeholders as well as contributing to the formulation and implementation of social and economic policies. The Committee further notes the information provided by the Government regarding the tripartite consultations held in diverse forums, including the TNF, between April 2021 and August 2022. The Government reports that the social partners were also consulted in 2021 and 2022 with regard to the elaboration of Article 22 reports on the application of ratified Conventions. It adds that the tripartite constituents agreed on the timelines to be adopted in the preparation and review of article 22 reports to be submitted by Government. In addition, the Government indicates that, following tripartite consultations, it was agreed the ratification of the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187) and the Violence and Harassment Convention, 2019 (No. 190). The Committee also notes the Government’s indication that a TNF social dialogue was held in Victoria Falls from 8 to 10 December 2021 with the objective of providing an opportunity to the social partners to deliberate on key issues in an informal setting and to promote team building among the tripartite constituents. The Government indicates that the social partners agreed to convene the retreat on annual basis with the objective of assessing the TNF annual achievements and plan for the measures to be taken. Furthermore, the Government reports that tripartite consultations were also held on national legislation and policies (Paragraph 5(c) of Recommendation No. 152), such as the Labour Amendment Bill, minimum wages, the Maintenance of Order and Peace Act, and the Southern African Development Community (SADC) Protocol on Employment and Labour. The ZCTU points out for its part that the social partners were not consulted with regard to the adoption of several socio-economic policies and the formulation of bills affecting workers and employers, such as the National Development Strategy (NDS-1), the Health Services Bill and the Public Service Bill. Lastly, the Committee observes that the Government does not indicate whether tripartite consultations were held on items on the agenda of the International Labour Conference (Article 5(1)(a)); the submission to the Parliament of instruments adopted by the Conference (Article 5(1)(b)); and proposals for the denunciation of ratified Conventions (Article 5(1)(e)). The Committee asks the Government to respond to the observations of the ZTCU where these concern the matters listed by Article 5(1)(a)–(e) of the Convention and to continue to provide detailed, updated information on the content and outcome of the tripartite consultations held on each of the matters relating to international labour standards covered by Article 5(1)(a)–(e) of the Convention, including those on: questionnaires concerning items on the agenda of the International Labour Conference (Article 5(1)(a)); the submission to the Parliament of instruments adopted by the Conference (Article 5(1)(b)); and proposals for the denunciation of ratified Conventions (Article 5(1)(e)).

Article 4. Training. The Committee notes that section 15 of the Second Schedule of the 2019 TFN Act includes among the competences of the TNF, the adoption of measures to improve the skills and knowledge of TNF members, such as providing or assisting other persons in providing facilities for training, education and research, including the awarding of scholarships for such training. Moreover, the Zimbabwe Tripartite Partners’ Action Plan envisages the implementation of capacity building measures on social dialogue and tripartism aimed at the social partners and key stakeholders. The Committee requests the Government to provide detailed updated information on the measures taken, including as regards financing, to strengthen the capacities of the members of Tripartite Negotiating Forum (TNF).

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

The Committee notes the observations of the Zimbabwe Congress of Trade Unions (ZCTU), received on 31 August 2017. The Committee further notes the response of the Government to the observations of the ZCTU, received on 14 November 2017.

Article 2 of the Convention. Strengthening social dialogue. In its previous comments, the Committee requested the Government to provide details on the progress made to institutionalize the Tripartite Negotiating Forum (TNF) as well as information on the activities of the TNF in relation to international labour standards. The Government reports that the TNF Bill is at an advanced stage. It indicates that, on 7 April 2017, the Attorney General’s Office published a fourth draft of the TNF Bill and requested comments from the Government and the social partners. Subsequently, the revised Bill, containing the comments of the social partners, was submitted to the Ministry of Public Service, Labour and Social Welfare. It adds that the Bill includes a provision establishing an independent and full time secretariat, in order to institutionalize social dialogue in the country. In its observations, the ZCTU confirms that tripartite consultations have been taking place, but expresses concern at the Government’s serious delay in institutionalizing the TNF, a process that has to date been under way for seven years. The ZCTU also expresses concern that its call to amend section 19 of the draft TNF Bill has not received attention from the Government. According to the trade union, section 19 of the draft Bill provides for the preservation of secrecy and confidentiality and stipulates criminal penalties for disclosing information on matters under negotiation. The ZCTU considers that the TNF is a social dialogue platform in which information sharing and ideas under discussion should not be limited only to those negotiating as each party’s constituent has an interest. It adds that criminalizing the disclosure of information in the social dialogue process is not the best way to promote good industrial relations. Instead, it advocates promoting transparency and openness with membership participation in decision-making. In response to the observations of the ZCTU regarding the amendment of section 19 of the draft TNF Bill, the Committee notes the Government’s indications that the Attorney-General was advised to amend section 19 of the draft, as requested by the social partners. The Government indicates that the TNF Bill was amended taking into account the views of the social partners and that the amended version was submitted for consideration by the Cabinet Committee on Legislation, which is the last stage before its presentation to Parliament. The Committee takes note of the TNF Bill transmitted by the Government. However, it notes that section 19(1) and (2) of the draft TNF Bill still requires preservation of secrecy concerning information related to the business of the TNF, while section 19(3) provides for the imposition of a fine and/or imprisonment for a period not exceeding three years. The Committee encourages the Government to consider amending the draft TNF Bill in consultation with the social partners prior to its adoption, with a view to avoiding the potential chilling effect that the imposition of sanctions for disclosing information could have on the social dialogue process, including with regard to the tripartite consultations required under the Convention. The Committee further requests the Government to communicate information on any developments regarding the status of the TNF Bill and to provide a copy of the final version once it is available.

Article 5. Effective tripartite consultations. The Government indicates that tripartite discussions on all reports to be submitted under article 22 of the ILO Constitution were held on 28–29 August 2016. Tripartite consultations were also held on 30 May 2017 to discuss the items on the agenda of the 106th Session of the International Labour Conference. It adds that, on 24 May 2017, the TNF adopted resolutions on the implementation of the recommendations of the ILO’s 2017 High-level Mission to Zimbabwe, the roadmap for the finalization of the drafting of the Labour Amendments Bill and on drafting regulations for Special Economic Zones. Moreover, the Committee notes the Government’s indications that, following tripartite consultations held in 2015 on the Protocol of 2014 to the Forced Labour Convention, 1930, the Cabinet Committee on Legislation has approved ratification of the Protocol. Tripartite consultations have also been undertaken on the possible ratification of the Domestic Workers Convention, 2011 (No. 189), and the Employment Policy Convention, 1964 (No. 122). The Committee requests the Government to continue to provide up-to-date information on the consultations held on the matters concerning international labour standards covered by Article 5(1) of the Convention.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Strengthening social dialogue. The Committee notes the information provided by the Government in September 2014 indicating that it regularly consults the social partners on all matters of international labour standards listed in Article 5(1) of the Convention. In its 2010 observation, the Committee noted that the Government intended to prepare a bill to legislate the Tripartite Negotiating Forum (TNF). The Government indicates that the process of the development of the TNF Bill could not be finalized during the tenure of the previous Government. Accordingly, the social partners are discussing the principles for the TNF legislation for consideration by the new Government. The Committee requests the Government to provide details on the progress made to institutionalize the TNF and on its activities on matters concerning international labour standards.

Article 5 of the Convention. Effective tripartite consultations. The Government indicates that tripartite consultations were held in anticipation of submitting reports to the ILO in relation to the standard-setting items on the agenda of the 103rd Session (2014) of the Conference (namely on supplementing the Forced Labour Convention, 1930 (No. 29), as well as on facilitating transitions from the informal to the formal economy). A preparatory meeting was held in May 2014, before the 103rd Session of the Conference, to consult the social partners on the agenda items of the Conference. The Government further indicates that it invited the social partners to submit their observations on the application of the ratified Conventions due for reporting to the Committee in 2014. The Committee invites the Government to continue to provide information on the content and outcome of the consultations held on the matters concerning international labour standards covered by the Convention, including consultations on the re-examination of unratified Conventions, such as the Employment Policy Convention, 1964 (No. 122), a governance Convention (Article 5(1)(c)).

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

Strengthening social dialogue. Support of the Office. The Committee notes the information provided by the Government in November 2010 indicating that it intends to prepare a bill to legislate the Tripartite Negotiating Forum (TNF). The Government reports on the TNF full meeting, held on 16 September 2010, during which its members were informed about the progress made to finalize the principles of the TNF legislation and to make the appropriate arrangements for an independent TNF secretariat. TNF members were also invited to note the adoption of the National Employment Policy by the Cabinet on 1 June 2010. Prospects for ratification of the Employment Policy Convention, 1964 (No. 122), will also be discussed in the TNF. The Government further reports that at a meeting on 16 October 2010, the social partners deliberated on the agreed upon priority areas of employment creation; social protection and HIV and AIDS at the workplace; social dialogue; and gender equality and women empowerment. The Committee welcomes this approach in achieving solutions and building up social cohesion and the rule of law through effective tripartite consultations. It therefore invites the Government to include in its next report further information on the progress made to institutionalize the Tripartite National Forum and its contribution to the tripartite consultations on international labour standards required under Convention No. 144, a Convention that is to be regarded as most significant from the viewpoint of governance.

Effective tripartite consultations. Referring to its previous comments, the Committee requests the Government to provide information on the operation of the procedures which ensure tripartite consultations in respect of each of the matters listed in Article 5(1) of the Convention. The Government is also requested to indicate the frequency of consultations held in this regard and to indicate the nature of any reports or recommendations made as a result thereof (Article 5(2) of the Convention).

Article 5(1)(d). Reports on ratified Conventions. In the comments forwarded to the Government in November 2009, the Zimbabwe Congress of Trade Unions (ZCTU) indicated that it did not receive a copy of the Government’s reports on ratified ILO Conventions and thus submitted its own comments without reference to the Government’s reports. The Committee again recalls that “the obligation to consult the representative organizations on the reports to be made concerning the application of ratified Conventions must be clearly distinguished from the obligation to communicate these reports under article 23(2) of the ILO Constitution. To fulfil their obligations under this provision of the Convention, it is not sufficient for governments to communicate to employers’ and workers’ organizations copies of the reports that they send to the Office, since any comments that these organizations may subsequently transmit to the Office on these reports cannot replace the consultations which have to be held during the preparation of the reports” (paragraph 92 of the 2000 General Survey on tripartite consultation, bearing in mind the discussion of “effective consultations” in paragraphs 29–31 of the General Survey). The Committee invites the Government to examine the measures to be undertaken to hold “effective consultations” on questions arising out of reports to be made to the ILO under article 22 of the ILO Constitution.

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

Strengthening social dialogue. Support of the Office. The Committee takes note of the Government’s report received in September 2008, and comments provided by the Zimbabwe Congress of Trade Unions (ZCTU) in August 2008. The Government indicates that, with the assistance of the ILO Subregional Office, the Government and social partners have undertaken consultations on the manner in which the activities of the ILO will be undertaken within the framework of Zimbabwe’s Decent Work Country Programme (DWCP) for 2006-07. The Programme provides for the establishment of a National Steering Committee to supervise implementation of activities, including those to do with the ratification and implementation of ILO Conventions. The Government indicates that cooperation, as provided for under the Convention, is guiding the tripartite consultations on the DWCP. The Committee notes that the creation of an enabling environment through upholding and strengthening social dialogue was identified as one of three priorities under the DWCP. In this regard, the DWCP envisages three outcomes to contribute to the creation of this enabling environment: (i) enhanced and institutionalized social dialogue; (ii) National Action Plan on gender issues; and (iii) effective implementation of ILO Conventions. The Committee refers to the 2008 Declaration on Social Justice for a Fair Globalization, which states that “social dialogue and the practice of tripartism between governments and the representative organizations of workers and employers within and across borders are now much more relevant to achieving solutions and to build up social cohesion and the rule of law through, among other means, international labour standards”. The Committee therefore invites the Government and the social partners to report on the impact the Decent Work Country Programme has had on facilitating effective tripartite consultations as required under Convention No. 144, a Convention that is to be regarded as most significant from the viewpoint of governance.

Effective tripartite consultations. The Government indicates that effective tripartite consultations are held, for example, within the Retrenchment Board and the Salaries and Wages Advisory Board. Furthermore, the Government states that tripartite consultations continue to be the working method for the implementation of various projects, including the project on the elimination of the worst forms of child labour. The Committee notes the concerns expressed by the ZCTU in which it states that the Government and employers in Zimbabwe do not take the concept of tripartism seriously, as the Tripartite National Forum (TNF) is not governed by any statutes and its decisions are subject to review by Cabinet. The ZCTU states that the TNF only makes recommendations, which will either be adopted or turned down by Government. The Committee also notes the Government’s comments in this regard in which it states that the terms of reference of the TNF were subject to considerable debate which culminated in the conclusion of the document on the founding principles of the TNF. The Committee asks the Government to report on the operation of the Tripartite National Forum in respect of each of the matters listed in Article 5, paragraph 1, of the Convention. The Government is also requested to indicate the frequency of consultations held in this regard and to indicate the nature of any reports or recommendations made as a result thereof (Article 5, paragraph 2, of the Convention).

Article 5, paragraph 1(d). Reports on ratified Conventions. The Government indicates in its report that reports on the application of standards are sent to the trade union without delay. The ZCTU indicates, however, that it did not receive a copy of the Government’s reports on ratified ILO Conventions, and thus submitted its own comments without reference to the Government’s reports. The Committee recalls that “the obligation to consult the representative organizations on the reports to be made concerning the application of ratified Conventions must be clearly distinguished from the obligation to communicate these reports under article 23, paragraph 2, of the Constitution. To fulfil their obligations under this provision of the Convention, it is not sufficient for governments to communicate to employers’ and workers’ organizations copies of the reports that they send to the Office, since any comments that these organizations may subsequently transmit to the Office on these reports cannot replace the consultations which have to be held during the preparation of these reports” (paragraph 92, General Survey on tripartite consultations, 88th Session of the International Labour Conference, 2000). The Committee trusts that the Government and the social partners will examine the measures to be undertaken to hold “effective consultations” on questions arising out of reports to be made to the ILO under article 22 of the Constitution.

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

1. Effective tripartite consultations required by the Convention. The Committee notes the information provided in the Government’s report, as well as the comments of the Zimbabwe Congress of Trade Unions (ZCTU) received in September 2006. It notes that tripartite consultations are still being held on the ratification of Conventions Nos. 121, 122, 151, 156, 167, 175, 183 and 184, and requests the Government to keep it informed of the action taken as a result of these consultations (Article 5, paragraph 1(d), of the Convention).

2. Consultations with representative organizations. The ZCTU indicates that the concept of tripartism is not taken seriously by the Government and that the decisions of the Tripartite Negotiating Forum (TNF), which is not governed by any statute, are subject to review by the Cabinet. According to the ZCTU, the Government, which has continued to promulgate new labour laws without consulting the social partners, takes time to send reports on the application of ILO Conventions to the trade union for comments, and often finds it difficult to furnish these reports, as well as interfering in the selection of worker representatives to tripartite meetings. The Government indicates in its report that tripartite consultations continue to be held within the auspices of the TNF and that it is currently working with its development partners, which include the ILO, on capacity building for the representatives of the Government and the social partners so that the TNF’s deliberations are more effective in influencing socio-economic development. The Committee draws the Government’s attention to the pending issues relating to the exercise of trade union rights and requests the Government to provide information in its next report on the progress achieved in establishing “effective” tripartite consultations with “representative organizations” enjoying the right of freedom of association on the matters relating to international labour standards covered by the Convention (Articles 1, 2 and 5 of the Convention).

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

1. Tripartite consultations required by the Convention. The Committee notes the detailed information supplied by the Government in its report received in September 2004 on the consultations required under Article 5, paragraph 1, of the Convention. It notes in particular that consultations were held to consider ratification of Conventions Nos. 121, 122, 151, 156, 167, 175, 183 and 184, and requests the Government to keep it informed of action taken as a result of the consultations. The Committee requests the Government on a general basis to continue to provide detailed information on the consultations held on each of the matters set out in Article 5, paragraph 1, during the period covered by the next report, specifying the nature of any reports or recommendations resulting from the consultations.

2. Consultations with representative organizations. Bearing in mind that the Conference Committee stressed the importance of social dialogue and indicated that such dialogue required full respect of the independence of workers’ and employers’ organizations and of the principles and procedures of the International Labour Organization (Provisional Record No. 24, Part Two, 92nd Session, Geneva, 2004, page 59), the Committee requests the Government to provide information in its next report on progress made in implementing "effective" consultations with "representative organizations" which enjoy freedom of association (Articles 1 and 2 of the Convention).

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

1. The Committee notes the brief statement contained in the Government’s report received in September 2001. It refers to its 1999 direct request and asks the Government to supply in its next report detailed information on the consultations held on each of the matters set out in Article 5, paragraph 1, of the Convention, to specify the nature of any ensuing reports or recommendations (paragraph 2), and to supply the texts of them where possible.

2. Please also provide a general appreciation of the manner in which Convention No. 144 is applied on the country giving, for example, extracts from official reports and any other information bearing on the practical application of the Convention (Part V of the report form).

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes the Government's report. It requests the Government to continue to supply in its next reports detailed information on the consultations held on each of the matters set out in Article 5, paragraph 1, of the Convention, to specify the nature of any ensuing reports or recommendations (paragraph 2) and to supply the texts of them where possible.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes the Government's report. It asks the Government to continue to provide detailed information in its future reports on the consultations held on all the subjects listed in Article 5, paragraph 1, of the Convention, and to state whether, as required by paragraph 1(d), representative organizations of employers and workers are consulted during the preparation of all the reports to be submitted to the International Labour Office under article 22 of the ILO Constitution.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes the information supplied by the Government in reply to its previous comments. It notes that the Tripartite Consultative Sub-Committee on ILO Matters held two meetings during 1993. It would be grateful if the Government would supply additional information on the following points:

Article 3, paragraph 2, of the Convention. With reference to its previous comments, the Committee notes that at the meeting on 28 October 1993 of the Tripartite Consultative Sub-Committee on ILO Matters, three representatives of employers and three representatives of workers were nominated to attend future meetings. It hopes that the minutes of future meetings will show that employers and workers are indeed represented on a equal footing in that body, which has not seemed to be the case up to the present.

Article 4, paragraph 2. The Committee notes that, for the application of this provision, there is still no measure in the legislation which provides for the financing of any necessary training of participants in the consultative procedures. However, it notes the Government's statement that persons are provided by the Government to explain the law and collective bargaining procedures in workshops and seminars organized by workers' groups. Please continue to supply information on the effect given to this provision of the Convention.

Article 5. The Committee notes with interest the consultations held concerning paragraph 1(c) (re-examination of unratified Conventions). It also notes the information that in future the Sub-Committee will discuss matters relating to the items included on the agenda of the International Labour Conference (paragraph 1(a)). The Committee hopes that the Government's next report will contain information on the consultations held on each of the matters set out in paragraph 1, including information as to the frequency of such consultations. Please also indicate the nature of any reports or recommendations made as a result of these consultations.

Article 6. The Committee notes that the question of issuing an annual report on the working of the procedures provided for in the Convention has not yet been examined. It once again requests the Government to supply details on the consultations which should be held with the representative organizations on this question.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes with interest the first report of the Government which covers the period ending 30 June 1991. The Committee would be grateful if the Government would continue to supply in its next reports particulars on the consultations held on each of the matters set out in paragraph 1 of Article 5 of the Convention, and it would like to request further particulars on the following Articles of the Convention.

Article 3, paragraph 2, of the Convention. The Committee notes that, according to the report of the Government, the national body which has been established to carry out consultations on matters cited under the Convention is the Tripartite Consultative Sub-Committee on ILO matters. The report of the Government indicates further that the organizations of employers and workers may send varying numbers of representatives and that some tripartite structures are established under legislation, which authority ensures that, in principle, representation is on an equal footing.

The Committee agrees that this provision must be interpreted as implying not strict numerical equality between employees and workers but the attribution of equal weight to the opinions of either side and equal representation of their views and interests. However, it would be grateful if the Government would supply more detailed information on the manner in which effect is given to this provision.

Article 4, paragraph 2, of the Convention. The Committee notes that the Government, in its report, states that provision has not yet been made on the financing of any training of participants in the consultative process. The Committee would be grateful if the Government would indicate whether such training is considered necessary and such arrangements as provided by this provision are being planned.

Article 6 of the Convention. The Committee notes that, according to the report of the Government, the question of producing an annual report on the working of the procedures provided for in the Convention has not yet been discussed. Please give particulars of the consultations that should take place with the representative organizations on this question.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes with interest the first report of the Government which covers the period ending 30 June 1991. The Committee would be grateful if the Government would continue to supply in its next reports particulars on the consultations held on each of the matters set out in paragraph 1 of Article 5 of the Convention, and it would like to request further particulars on the following Articles of the Convention.

Article 3, paragraph 2, of the Convention. The Committee notes that, according to the report of the Government, the national body which has been established to carry out consultations on matters cited under the Convention is the Tripartite Consultative Sub-Committee on ILO matters. The report of the Government indicates further that the organisations of employers and workers may send varying numbers of representatives and that some tripartite structures are established under legislation, which authority ensures that, in principle, representation is on an equal footing.

The Committee agrees that this provision must be interpreted as implying not strict numerical equality between employees and workers but the attribution of equal weight to the opinions of either side and equal representation of their views and interests. However, it would be grateful if the Government would supply more detailed information on the manner in which effect is given to this provision.

Article 4, paragraph 2, of the Convention. The Committee notes that the Government, in its report, states that provision has not yet been made on the financing of any training of participants in the consultative process. The Committee would be grateful if the Government would indicate whether such training is considered necessary and such arrangements as provided by this provision are being planned.

Article 6 of the Convention. The Committee notes that, according to the report of the Government, the question of producing an annual report on the working of the procedures provided for in the Convention has not yet been discussed. Please give particulars of the consultations that should take place with the representative organisations on this question.