Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) - Nicaragua (Ratification: 1981)

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

The Committee notes the observations of the International Organisation of Employers (IOE), received on 1 September 2021, which were examined in the context of its observation of 2021 regarding the application of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87).

Article 5 of the Convention. Effective tripartite consultations. The Committee notes that the Government once again indicates that it has informed the social partners of the questionnaires on the issues included in the agenda of the International Labour Conference, the replies to the questionnaires under article 19 of the ILO Constitution and the reports on ratified Conventions under article 22 of the ILO Constitution. In this respect, the Committee once more reminds the Government that “… 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 consultation which have to be held during the preparation of the reports” (2000 General Survey on tripartite consultation, paragraph 92). The Committee highlights that consultation of the most representative employers’ and workers’ organizations implies the active participation of the organizations in the formulation and communication of their respective views. The Committee therefore requests the Government to provide detailed and updated information on the frequency, content and results of the tripartite consultations held on all questions related to international labour standards covered by Article 5(1)(a)-(e) of the Convention, in particular those related to the items included on the agenda of the Conference (Article 5(1)(a)); the submission of instruments adopted by the Conference (Article 5(1)(b)); the examination of unratified Conventions (Article 5(1)(c)); the reports that must be made on the application of ratified Conventions (Article 5(1)(d)); and the proposals for the denunciation of ratified Conventions (Article 5(1)(e)).Moreover, the Committee requests the Government to take measures to promote the active participation of the social partners in the tripartite consultations.

[The Government is asked to send a detailed report in 2023.]

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

Article 5 of the Convention. Effective tripartite consultations. In response to the Committee’s previous comments, the Government indicates that it informed the social partners of the questionnaires on the issues included in the agenda of the International Labour Conference, the replies to the questionnaires under article 19 of the ILO Constitution and the reports on ratified Conventions under article 22 of the ILO Constitution. Regarding the latter, 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. Consultation of the most representative employers’ and workers’ organizations implies the active participation of the organizations in the formulation and communication of their respective views. 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” (see the General Survey on tripartite consultation, 2000, paragraph 92). The Committee also notes the Government’s indication that, in 2014, the Protocol of 2014 to the Forced Labour Convention, 1930, and the Forced Labour (Supplementary Measures) Recommendation, 2014 (No. 203), were submitted to the National Assembly, and that the social partners were informed on 26 March 2015. The Committee draws the Government’s attention to the fact that “in order to be ‘effective’, consultations must 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 opinions.” (see the General Survey on tripartite consultation, 2000, paragraph 31). The Committee requests the Government to continue to provide updated information indicating the specific content and outcomes of tripartite consultations held on any issues related to international labour standards covered by the Convention.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Article 5 of the Convention. Effective tripartite consultations. The Committee notes the detailed information provided by the Government in its report on the consultations carried out in writing with the social partners on international labour standards. The Committee notes with interest that, since its previous direct request, the ratification has been registered of the Domestic Workers Convention, 2011 (No. 189), and the Maritime Labour Convention, 2006 (MLC, 2006). The Government also informed the social partners of the possibility of denouncing the Night Work (Women) Convention, 1919 (No. 4). The denunciation of Convention No. 4 was registered on 3 February 2014. The Committee requests the Government to continue providing updated information on the tripartite consultations held on each of the matters relating to international labour standards covered by the Convention.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Tripartite consultations required by the Convention. Further to the observation from the Confederation of Trade Union Unity of Nicaragua (CUS) to the effect that it received no reports, the Committee notes the communication from the Government received in January 2012 enclosing receipts for the reports delivered to every workers’ and employers’ organization between 2007 and 2011. In the report received in September 2012, the Government states that the reports are brought to the attention of workers’ and employers’ organizations, which may send their observations either to the Ministry of Labour or straight to the ILO. The Committee recalls that, where consultations are held in writing, the Government should transmit a draft report to the representative organizations in order to gather their opinions before preparing its definitive report (paragraph 92 of the General Survey of 2000). The Committee invites the Government to provide detailed information in its next report on the tripartite consultations held on each of the subjects set out in Article 5(1) concerning the international labour standards covered by the Convention.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Tripartite consultations required by the Convention. Communication of draft reports. The Committee notes the comments of the Confederation of Trade Union Unity of Nicaragua (CUS), forwarded to the Government in September 2011. The CUS objects that it received no reports on the application of ratified Conventions and was not invited to comment at a tripartite meeting. In its observation of 2010, the Committee pointed out that the obligation, deriving from Article 5(1)(d) of the Convention, to consult the representative organizations on the reports to be made concerning the application of ratified Conventions, must be distinguished from the obligation to communicate reports under article 23(2) of the ILO Constitution. The tripartite consultations required by the Convention must be held during the process of preparing reports. Where consultations are held in writing, the Government should communicate a draft report to the representative organizations in order to gather their opinions before preparing its definitive report (General Survey of 2000 on tripartite consultations, paragraph 92). The Committee requests the Government to provide information, in the report due in 2012, on the manner in which it ensures full compliance with the requirement to hold tripartite consultations during the preparation of draft reports on the application of ratified Conventions (Article 5(1)(d) of the Convention). The Committee also again asks the Government to send detailed information on consultations held on the other matters relating to international labour standards set forth in Article 5(1) of the Convention and to indicate whether these tripartite consultations were held within the National Labour Council.

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

Article 5(1) of the Convention. Tripartite consultations required by the Convention. The Committee notes the Government’s report received in August 2010 in reply to the observation of 2009, including information on the consultations held on the matters covered by the Convention. The Government also indicates that, on 18 March 2010, the National Labour Council was set up, with the focus on strengthening social dialogue and real tripartism. The Committee recalls that the powers and duties of the Plenary of the National Labour Council included serving as an entity and means of consultation for the purposes of compliance with the Convention (section 5(j) of Act No. 547 of August 2005). The Committee requests the Government to supply detailed information in its next report on the consultations held on matters relating to international labour standards provided for in Article 5(1) of the Convention. The Committee requests the Government to specify the activities of the National Labour Council relating to the tripartite consultations required by the Convention.  

Article 5(1)(d). Transmission of draft reports. The Committee again observes the Government’s indication that copies of the reports have been transmitted to the employers’ and workers’ organizations. The Committee recalls its previous comments in which it stated that the obligation to consult the representative organizations on the reports to be made concerning the application of ratified conventions, under the terms of Article 5(1)(d) of the Convention, must be distinguished from the obligation to communicate reports under article 23(2) of the ILO Constitution. The tripartite consultations required by the Convention must be held during the process of preparing reports. Where consultations are held in writing, the Government should transmit a draft report to the representative organizations in order to gather their opinions before preparing its definitive report (paragraph 92, General Survey of 2000 on tripartite consultation). The Committee requests the Government to supply information on the manner in which its practice has developed with regard to the consultations required when preparing draft reports on the application of ratified Conventions.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 5, paragraph 1, of the Convention. Tripartite consultations required by the Convention. The Government indicates in a report received in January 2009, that, once the National Labour Council has been set up, the Committee will be informed of any opinion formulated by that body on the consultations required by Article 5(1) of the Convention. The Committee recalls that, in its observation of 2006, it noted with interest that Act No. 547 of August 2005 had established the National Labour Council which would serve as a consultative body with a view to the application of Convention No. 144. The Committee understands that the National Labour Council has not yet been set up.

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 more relevant to achieving solutions and to building up social cohesion and the rule of law through, among other means, international labour standards”. The Committee therefore repeats its invitation to the Government to hold “effective consultations” on international labour standards as required by Convention No. 144, which is most significant from the viewpoint of governance. The Committee looks forward to examining detailed information on the consultations held on each of the matters covered by Article 5(1).

Article 5, paragraph 1(d). Transmission of draft reports. The Committee observes that in the reports received, the Government indicates that, in accordance with article 23, paragraph 2, of the ILO Constitution, copies of the reports have been transmitted to the social partners. The Committee recalls that the obligation to consult the representative organizations on the reports to be made concerning the application of ratified Conventions, under the terms of Article 5(1)(d), of the Convention, must be distinguished from the obligation to communicate reports under article 23, paragraph 2, of the ILO Constitution. The tripartite consultations required by the Convention have to be held during the process of preparing reports. Where consultations are held in writing, the Government should transmit a draft report to the representative organizations in order to gather their opinions before preparing its definitive report (paragraph 92 of the General Survey of 2000). The Committee requests the Government to provide information on the manner in which its practice has developed with regard to the consultations required when preparing draft reports on the application of ratified Conventions.

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

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its 2006 comment, which read as follows:

Tripartite consultations required by the Convention. The Committee notes with interest the information contained in the Government’s report received in September 2006. The Government states in its report that the principle of tripartism through social dialogue has been promoted and has resulted, with the technical assistance of the Subregional Office in San José and the interest shown by the Government and employers’ and workers’ organizations, in the approval by the National Assembly of Nicaragua of Act No. 547 of 8 August 2005 creating the National Labour Council. The Committee notes that this tripartite body is composed of an executive committee and a plenary assembly with the function of “serving as a consultative body with a view to the application of Convention No. 144 on tripartite consultations” (section 8(f) of the Act). It requests the Government to continue providing detailed information on the consultations held during the period covered by the next report, including those in the National Labour Council, on each of the matters covered by Article 5, paragraph 1, of the Convention.

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

Tripartite consultations required by the Convention. The Committee notes with interest the information contained in the Government’s report received in September 2006. The Government states in its report that the principle of tripartism through social dialogue has been promoted and has resulted, with the technical assistance of the Subregional Office in San José and the interest shown by the Government and employers’ and workers’ organizations, in the approval by the National Assembly of Nicaragua of Act No. 547 of 8 August 2005 creating the National Labour Council. The Committee notes that this tripartite body is composed of an executive committee and a plenary assembly with the function of “serving as a consultative body with a view to the application of Convention No. 144 on tripartite consultations” (section 8(f) of the Act). It requests the Government to continue providing detailed information on the consultations held during the period covered by the next report, including those in the National Labour Council, on each of the matters covered by Article 5, paragraph 1, of the Convention.

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

Technical assistance for effective tripartite consultation. The Committee notes that the principle of tripartism has been promoted through social dialogue on subjects which go beyond the scope of the Convention. The Government refers to the activities of the Social and Economic Planning Council (CONPES) and the National Minimum Wage Commission. With reference to Article 5 of the Convention, the Government states that employers’ and workers’ organizations have expressed satisfaction at the mechanism that has been established for the holding of consultations on the application of international labour standards. The Government emphasizes that the efficiency of the consultations depends on the interest accorded by each of the parties and considers that the consultation mechanism could be improved through the establishment of a "permanent tripartite council". This issue has already been the subject of tripartite consultation and received the technical and financial support of the Subregional Office. The Government once again requests the Office to undertake technical cooperation activities on the participation and responsibility of employers’ and workers’ organizations in matters relating to the Convention. The Committee trusts that the respective units of the Office will be able to comply with this request and that the Government will be in a position to provide information in its next report on the progress achieved in this regard. Please also provide full particulars of the consultations held in relation to the matters covered by Article 5, paragraph 1, of the Convention.

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

The Committee notes the information supplied by the Government in its report to the effect that it had succeeded in giving practical effect to the principle of tripartism in respect not only of the Convention but also various activities of the Labour Ministry and the world of work. The Committee would be grateful if the Government would provide fuller and more specific information on consultations, for instance the consultations held, any recommendations made on consultations dealing with the items on the agenda of the International Labour Conference or any questions arising out of reports to be made to the ILO on ratified Conventions (Article 5, paragraph 1, of the Convention). Please also indicate the frequency of the consultations and provide information on any reports produced as a result of them.

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

The Committee notes the Government's report and asks it to continue to indicate, in future reports, the manner in which effect is given to the provisions of the Convention. In particular, it asks it to provide detailed information on the consultations undertaken in respect of the questions covered in Article 5, paragraph 1, of the Convention.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee takes note of the Government's report for the period ending May 1997, and requests the Government to provide detailed information in its future reports on the effect given to each of the provisions of the Convention, and particularly, the consultations held with respect to the matters concerning the ILO's activities, set out in Article 5, paragraph 1, of the Convention.

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

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 the Government's report and the information supplied in relation to the observations that it has been making since 1992. In this connection, the Committee trusts that the Government will continue to supply particulars in future reports on the consultations held on the matters enumerated in Article 5, paragraph 1, of the Convention, so that it can continue to assess the progress made in the application of the Convention.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes the Government's report and the information supplied in relation to the observations that it has been making since 1992. In this connection, the Committee trusts that the Government will continue to supply particulars in future reports on the consultations held on the matters enumerated in Article 5, paragraph 1, of the Convention, so that it can continue to assess the progress made in the application of the Convention.

Observation (CEACR) - adopted 1995, published 82nd ILC session (1995)

1. The Committee notes the Government's brief report supplied in reply to its previous comments. The Government considers that the procedure of written consultation is the most appropriate, but that its operation requires improved training for employers' and workers' organizations in the field of international labour standards. The Committee notes in this respect that the Ministry of Labour has requested the technical cooperation of the ILO for the holding of a tripartite seminar on standards. The Committee also recalls the relevant provisions of Article 4 of the Convention concerning the arrangements to be made between the competent authority and the representative organizations for the financing of any necessary training of participants in the procedures provided for in the Convention.

2. However, the Committee notes with regret that the Government's report does not provide the information requested in its previous observation on the measures which have been taken, in accordance with Article 2, to operate procedures which ensure effective consultations with respect to the matters concerning the activities of the International Labour Organization set out in Article 5, paragraph 1. The Committee trusts that the Government and the representative organizations of employers and workers will combine their efforts to give effect, if necessary with the assistance of the ILO, to the provisions of the Convention in the interests and to the satisfaction of the parties concerned. It hopes that the next report will indicate the progress achieved and will provide the information requested on the purpose, frequency and nature of the consultations provided for by the Convention.

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

The Commmittee notes the Government's report. It regrets to note the Government's indications that the representative organizations of employers and of workers have not, with one exception, responded to its requests for consultation on the matters covered by the Convention. For the Government, tripartism implies the responsibility of the organizations of workers and of employers and, in its opinion, these organizations do not have a clear concept of their role with relation to international standards and the activities and procedures of the ILO.

The Committee wishes to recall that in accordance with Article 2 of the Convention, each Government which has ratified the Convention undertakes to operate procedures which ensure effective consultations with respect to the matters concerning the activities of the International Labour Organization set out in Article 5, paragraph 1, between representatives of the Government, of employers and of workers.

The Committee also recalls that, in its report adopted in November 1990, the Commission of Inquiry appointed under article 26 of the ILO Constitution considered that "the Government should establish and apply as soon as possible procedures ensuring effective consultation" in the field of international labour standards and that "before establishing such procedures, the Government should consult the representative workers' and employers' organizations as required by the Convention".

The Committee therefore requests the Government to supply information in its next report on the measures which have been taken to establish effective consultation procedures, and to apply these procedures, particularly with regard to the matters set out in Article 5, paragraph 1 of the Convention.

Finally, the Committee requests the Government to describe all the arrangements which have been made for the financing of any necessary training of participants in consultation procedures, in accordance with Article 4, paragraph 2, and notes in this respect the interest expressed in ILO technical cooperation.

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

In its previous observation the Committee took note of the report presented by the Commission of Inquiry established in accordance with article 26 of the ILO Constitution to examine the complaint against Nicaragua concerning the application, among others, of Convention No. 144. Under paragraph 546 of its report, the Commission of Inquiry considered that the Government should indicate, as from 1991, in its reports submitted under article 22 of the Constitution, the measures taken in law and in practice to give effect to its recommendations, according to which the Government should establish and apply as soon as possible procedures ensuring effective consultation in accordance with the provisions of the Convention.

The Committee notes that, according to the general statement contained in the report of the Government, tripartite consultations have been held on the matters covered by the Convention, as well as on the elaboration of the Labour Code, the Law on Minimum Wages, the National Technology Institute and the General Law on Cooperatives.

With reference to its previous direct requests and in connection with Article 5, paragraphs 1 and 2, of the Convention, the Committee requests the Government to transmit supplementary detailed information on the consultations held on each of the matters set out in paragraph 1, as well as on the frequency of such consultations. The Committee further requests the Government to indicate the nature of any reports or recommendations made as a result of the consultations.

Observation (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee takes note of the report presented by the Commission of Inquiry established in accordance with article 26 of the ILO Constitution to examine the complaint against Nicaragua concerning the application of Conventions Nos. 87, 98 and 144. The Committee notes in particular that in paragraph 546 of its recommendations the Commission of Inquiry considers that the Government should indicate, as from 1991, in its reports submitted under article 22 of the Constitution, the measures taken in law and in practice to give effect to its recommendations on the application of these Conventions during the period in question.

Consequently, the Committee asks the Government to provide detailed information on the measures taken to give effect to the recommendations of the Commission of Inquiry.

[The Government is asked to report in detail for the period ending 30 June 1991.]

Observation (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee notes the decision by the Governing Body, at its 244th Session (November 1989), to set up a commission of inquiry to examine the complaint submitted under article 26 of the Constitution alleging the non-observance by Nicaragua of Conventions Nos. 87, 98 and 144.

In accordance with its usual practice, the Committee is suspending its comments on the application of the Convention while awaiting the conclusions of the commission of inquiry.