Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) - Curaçao

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

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Articles 2 and 5 of the Convention. Effective tripartite consultations. With respect to the content and outcome of tripartite consultations held concerning matters covered under Article 5(1) of the Convention, the Government indicates that the social partners are provided with the opportunity to provide input into the reports to be made to the ILO in relation to Conventions. Moreover, they provide their comments on an annual tripartite position paper, the “ILC Koninkrijksinstructie”, which addresses all topics on the agenda of the International Labour Conference. The Committee notes that, according to the Government’s report, the tripartite position paper is agreed upon by the Council of Ministers of the Kingdom of the Netherlands, and is discussed intensively by the Kingdom Government, which includes, in addition to the Dutch Ministers, one Minister of Curacao, a Minister of Sint Maarten and a Minister of Aruba. The Government adds that the social partners are also given the opportunity to express their views regarding the ratification of ILO Conventions, citing the ratification of the Labour Relations (Public Service) Convention, 1978 (No. 151) on 31 May 2016 as a good practice example. Furthermore, the social partners have the opportunity to express their wishes regarding the ILO Conventions to be ratified. The Government expresses the view further that dialogue and consultations between the government and the social partners is bearing fruit, indicating that the denunciation of ratified Convention and re-examination of unratified Conventions and Recommendation to which effect has yet not been given is the next step to be taken in the open and sometimes heated dialogue within this tripartite platform. In addition, the Committee notes the information provided by the Government on the framework for tripartite consultation in relation to the matters relating to international labour standards. The Committee notes that the Government does not provide any information on the content and outcome of tripartite consultations held regarding the Government’s replies to questionnaires concerning items on the agenda of the International Labour Conference. The Committee requests the Government to indicate the manner in whichtripartite consultation is carried out in connection with the preparation of the tripartite position paper prior to its finalization and discussion in the Council of Ministers. In addition, the Committee once again requests the Government to provide full, detailed and updated information on the frequency, content and outcome of tripartite consultations held on all of the matters relating to international labour standards covered by Article 5(1)(a) through (e).

Article 4. Administrative support and financing of training. The Committee notes the information provided by the Government in reply to its previous request concerning the application of this Article.

Article 6. Operation of the consultative procedures. The Government indicates that, the social partners are involved in the process of drafting the annual ILO reports, which takes place from March to August of each year. Moreover, if the social partners do not provide their responses within a reasonable period of time, government officials make arrangements to meet with them to facilitate the exchange of information. The Government adds that during these informal meetings, which take place in smaller settings, the social partners contribute practical suggestions and comments in full conformity with the requirements of the Convention. The Committee nevertheless notes that the Government does not provide any information on the outcome of these consultations or on the impact they may have on the annual report. The Committee invites the Government to provide information on the outcome and impact of the tripartite consultations held with the social partners in the preparation of the annual reports.

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Articles 2 and 5 of the Convention. Effective tripartite consultations. The Government indicates that the tripartite Platform for National Dialogue “Karsou ta Avansa” provides the framework for effective consultation among the tripartite constituents, comprising the Council of Ministers, the boards of the two umbrella trade unions, Sentral di Sindikatonan di Karsou (SSK) and Central General di Trahadonan di Corsow (CGTC), the Chamber of Commerce and Industry, and the Curaçao Trade and Industry Association (VBC). The Committee notes that the information provided by the Government on tripartite consultations within the Platform for National Dialogue concerns matters of an exclusively national character. The Committee recalls that, while effective tripartite consultation in relation to international labour standards supports tripartite cooperation at the national level, the objective of the Convention is to promote effective tripartite consultation in relation to the matters relating to international labour standards set out in Article 5(1) of the Convention. The Committee therefore reiterates its request for detailed information on the content and outcome of tripartite consultations in relation to the matters covered under Article 5(1): the Government’s replies to questionnaires concerning items on the agenda of the International Labour Conference, particularly with regard to the Government’s comments on proposed texts to be discussed by the Conference (Article 5(1)(a)); consultations held with the social partners on the proposals made to the competent authorities upon the submission of instruments adopted by the Conference (Article 5(1)(b)); tripartite consultations on the re-examination of unratified Conventions and Recommendations to which effect has not yet been given (Article 5(1)(c)); and on denunciation of ratified Conventions (Article 5(1)(e)).

Article 4. Administrative support and financing of training. The Committee notes that the Government’s report provides no information concerning the application of this Article of the Convention. Recalling its previous comments, the Committee once again invites the Government to provide information on whether administrative support is provided by the Government with respect to the consultation procedures covered by the Convention and whether any arrangements have been made for the financing of training of participants in consultation procedures.

Article 6. Operation of the consultative procedures. Recalling its previous comments, the Committee reiterates its request that the Government indicate whether, in accordance with Article 6, the representative organizations have been consulted in the preparation of an annual report on the working of the consultation procedures provided for in the Convention and, if so, to indicate the outcome of these consultations.

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

Articles 2 and 5 of the Convention. Effective tripartite consultations. The Committee notes the Government’s first report on the application of the Convention. The Government indicates that tripartite consultations are held within the Tripartite Platform for National Dialogue “Korsou ta Avansa”, which is composed of representatives of the Government, the Central Trade Unions of Curaçao (SSK) and the Central General pa Trahadonan di Corsow (CGTC), the Curaçao Business Association (VBC) and the Chamber of Commerce. The Government does not, however, indicate whether these structures ensure effective consultations with respect to the matters concerning the activities of the International Labour Organization set out in Article 5(1) of the Convention. The Committee requests the Government to specify the mechanism or mechanisms established for tripartite consultations on the matters regarding international labour standards covered by Article 5(1) of the Convention, and to provide detailed information on the content and outcome of such tripartite consultations. It also requests the Government to indicate whether consultations have been held with the representative organizations of employers and workers with regard to issuing an annual report on the functioning of the procedures provided for in this Convention (Article 6).

Article 4. Administrative support and financing of training. The Committee notes that the Government does not provide information on the application of this Article of the Convention. It recalls that, where training for participants in the consultations proves to be necessary to enable them to perform their functions effectively, financing for such training should be provided through appropriate arrangements between the Government and the representative organizations (2000 General Survey on Tripartite Consultations, paragraphs 125 and 126). The Committee requests the Government to provide information on whether administrative support is provided by the Government with respect to the consultation procedures covered by the Convention and whether any arrangements have been made for the financing of training of participants in consultation procedures.