Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) - Bahamas (Ratification: 1979)

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

Previous comment

Articles 2 and 5 of the Convention. Effective tripartite consultations. The Government refers in its report to the adoption on 6 December 2021 of the ILO “Decent Work Country Programme (DWCP) for the Bahamas: 2021-2026”. The DWCP was developed with the participation of the National Tripartite Council (NTC) and includes the promotion of social dialogue among its main priorities. The Committee notes that, according to the DWCP, the NTC has functioned well since its establishment and provides a valuable mechanism for continued dialogue between the government and the social partners. The Committee notes that, according to the DWCP, the NTC recommended that the Government ratify the Vocational Rehabilitation and Employment (Disabled Persons) Convention, 1983 (No. 159) and the Violence and Harassment Convention, 2019 (No. 190). The Committee notes with interest the ratification of both Conventions on 30 November 2022. In addition, the Committee observes that the DWCP envisages the adoption of measures aimed at establishing technical sub-committees within the NTC to institutionalize social dialogue around a wider range of policy issues and/or to address technical matters pertaining to particular sectors or industries. The DWCP also envisages the provision of technical support and training to workers’ and employers’ organizations to build their capacity to, inter alia, develop a roadmap for key legislative and policy reforms aimed at enhancing the application of international labour standards and promoting and ensuring the equal representation of women and other under-represented groups within the NTC. The Committee nevertheless notes that the Government does not provide information regarding the content or outcome of tripartite consultations held on the matters related to international labour standards set out in Article 5(1) of the Convention. Lastly, the Government indicates that the NTC has not published an annual report during the reporting period and that measures will be taken to ensure the elaboration of annual reports. In light of the foregoing, theCommittee reiterates its request that the Government provide detailed updated information on the content and outcome of tripartite consultations held on all matters concerning international labour standards covered by the Convention, including with respect to: the Government’s replies to questionnaires concerning items on the agenda of the International Labour Conference (Article 5(1)(a)); the proposals to be made to the competent authorities upon the submission of instruments adopted by the Conference (Article 5(1)(b)); the re-examination at appropriate intervals of unratified Conventions and 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)). In addition, the Committee once again requests the Government to provide detailed updated information on the activities of the National Tripartite Council with respect to the normative matters covered by the Convention, including providing copies of the Council’s annual reports as soon as they become available.

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

The Committee notes the Government’s report contains no reply to its previous comments. It is therefore bound to repeat its previous comments.

Articles 2 and 5 of the Convention. Effective tripartite consultations. The Committee notes with interest that the National Tripartite Council Act No. 2 of 2015 was adopted on 3 March 2015. The Government indicates that the National Tripartite Council (NTC), composed of representatives of the social partners, held its inaugural meeting on 1 June 2015, in which the Government and the social partners discussed matters relating to the welfare of workers in the country. The Committee notes that section 4 of the Act, on Functions and Powers of the Council, refers to matters set out in Article 5(1) of the Convention. Section 11 of the Act provides for administrative support and for the appointment of staff to assist with the discharge of the functions of the NTC. Moreover, the Government indicates that the NTC is presently generating annual reports, but that these were not yet available at the time that the Government submitted its report to the ILO. The Committee requests the Government to provide detailed information on the content and outcome of the tripartite consultations held on each of the matters covered by Article 5(1) of the Convention, such as the submission of Conventions and Recommendations adopted by the Conference to Parliament (Article 5(1)(b)), and the questions arising out of reports on the application of ratified Conventions (Article 5(1)(d)). The Committee also requests the Government to provide information on the activities of the National Tripartite Council with respect to the matters covered by the Convention, including copies of the Council’s annual reports as soon as they become available.

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

The Committee notes the Government’s report contains no reply to its previous comments. It is therefore bound to repeat its previous comments.

Repetition

Articles 2 and 5 of the Convention. Effective tripartite consultations. The Committee notes with interest that the National Tripartite Council Act No. 2 of 2015 was adopted on 3 March 2015. The Government indicates that the National Tripartite Council (NTC), composed of representatives of the social partners, held its inaugural meeting on 1 June 2015, in which the Government and the social partners discussed matters relating to the welfare of workers in the country. The Committee notes that section 4 of the Act, on Functions and Powers of the Council, refers to matters set out in Article 5(1) of the Convention. Section 11 of the Act provides for administrative support and for the appointment of staff to assist with the discharge of the functions of the NTC. Moreover, the Government indicates that the NTC is presently generating annual reports, but that these were not yet available at the time that the Government submitted its report to the ILO. The Committee requests the Government to provide detailed information on the content and outcome of the tripartite consultations held on each of the matters covered by Article 5(1) of the Convention, such as the submission of Conventions and Recommendations adopted by the Conference to Parliament (Article 5(1)(b)), and the questions arising out of reports on the application of ratified Conventions (Article 5(1)(d)). The Committee also requests the Government to provide information on the activities of the National Tripartite Council with respect to the matters covered by the Convention, including copies of the Council’s annual reports as soon as they become available.

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Articles 2 and 5 of the Convention. Effective tripartite consultations. The Committee notes with interest that the National Tripartite Council Act No. 2 of 2015 was adopted on 3 March 2015. The Government indicates that the National Tripartite Council (NTC), composed of representatives of the social partners, held its inaugural meeting on 1 June 2015, in which the Government and the social partners discussed matters relating to the welfare of workers in the country. The Committee notes that section 4 of the Act, on Functions and Powers of the Council, refers to matters set out in Article 5(1) of the Convention. Section 11 of the Act provides for administrative support and for the appointment of staff to assist with the discharge of the functions of the NTC. Moreover, the Government indicates that the NTC is presently generating annual reports, but that these were not yet available at the time that the Government submitted its report to the ILO. The Committee requests the Government to provide detailed information on the content and outcome of the tripartite consultations held on each of the matters covered by Article 5(1) of the Convention, such as the submission of Conventions and Recommendations adopted by the Conference to Parliament (Article 5(1)(b)), and the questions arising out of reports on the application of ratified Conventions (Article 5(1)(d)). The Committee also requests the Government to provide information on the activities of the National Tripartite Council with respect to the matters covered by the Convention, including copies of the Council’s annual reports as soon as they become available.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Articles 2 and 5 of the Convention. Effective tripartite consultations. The Committee notes with interest that the National Tripartite Council Act No. 2 of 2015 was adopted on 3 March 2015. The Government indicates that the National Tripartite Council (NTC), composed of representatives of the social partners, held its inaugural meeting on 1 June 2015, in which the Government and the social partners discussed matters relating to the welfare of workers in the country. The Committee notes that section 4 of the Act, on Functions and Powers of the Council, refers to matters set out in Article 5(1) of the Convention. Section 11 of the Act provides for administrative support and for the appointment of staff to assist with the discharge of the functions of the NTC. Moreover, the Government indicates that the NTC is presently generating annual reports, but that these were not yet available at the time that the Government submitted its report to the ILO. The Committee requests the Government to provide detailed information on the content and outcome of the tripartite consultations held on each of the matters covered by Article 5(1) of the Convention, such as the submission of Conventions and Recommendations adopted by the Conference to Parliament (Article 5(1)(b)), and the questions arising out of reports on the application of ratified Conventions (Article 5(1)(d)). The Committee also requests the Government to provide information on the activities of the National Tripartite Council with respect to the matters covered by the Convention, including copies of the Council’s annual reports as soon as they become available.

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

Articles 2 and 5 of the Convention. Effective tripartite consultations. In reply to previous comments, the Government indicates in its report that consultations were undertaken in 2014 on the questionnaires concerning the two standard-setting items on the agenda of the 103rd Session (2014) of the International Labour Conference (Article 5(1)(a)). The Government also indicates that consultations were held on the report form for the 2015 General Survey concerning the Right of Association and Rural Workers’ Organizations instruments. Moreover, the Committee notes that, following various meetings held with the social partners in order to finalize further revisions to the National Tripartite Council Bill, 2014, the agreed revisions were incorporated into the draft legislation by the Office of the Attorney-General. The Committee invites the Government to continue to keep the Office informed of any further developments aiming to promote tripartism as well as its operation concerning matters covered by the Convention, in particular as regards the enactment of the National Tripartite Council Bill, 2014. The Committee also requests the Government to indicate whether tripartite consultations have been held on other matters covered by the Convention, such as the submission of Conventions and Recommendations adopted by the Conference to Parliament (Article 5(1)(b)), and the questions arising out of reports on the application of ratified Conventions (Article 5(1)(d)).

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Tripartite consultations required by the Convention. The Committee notes the Government’s report received in August 2013 which includes information on legislative developments of the bill for the National Tripartite Council Act. The Government indicates that the bill has already been approved by the social partners. It is expected that, upon the resumption of the lower chamber of Parliament after the summer recess, the bill will be introduced for its second reading and thereafter it will be debated and passed on to the Senate. The Committee takes note of the list of provisions of the bill that will give effect to the Convention. Moreover, the Government recalls that the Tripartite Forum (TRIFOR), which is responsible for consultations under the Convention, continues to meet and discuss labour and industrial relations matters in the country. The Committee notes, however, that the Government’s report does not include information on consultations held on matters set out in Article 5(1) of the Convention. The Committee invites the Government to include in its next report further information on legislative developments of the National Tripartite Council Act. It also requests the Government to provide in its next report detailed information on the content and outcome of the consultations held on each of the matters set out in Article 5(1) of the Convention.

[The Government is asked to reply in detail to the present comments in 2014.]

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

Tripartite consultations required by the Convention. The Committee notes the information contained in the Government’s report received in November 2012. The Government reports that work has been completed on a draft National Tripartite Council Bill which was circulated to the social partners for their review and comments in October 2012, and that responses received from the social partners will be forwarded to the Committee. The Government anticipates that the Bill will be tabled in Parliament before the end of 2012. The Committee notes with interest that some of the functions of the National Tripartite Council will include to review, advise and consult with the Government on items on the agenda of the International Labour Conference. Furthermore, the Government reports that during the meetings held to review the National Tripartite Council Bill, the social partners continued ongoing discussions on the implementation of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), with a view to having it incorporated in national law. The Committee invites the Government to include in its next report further information on legislative developments aimed at promoting tripartism. It also invites the Government to provide in its next report detailed information on the content and outcome of the consultations held on each of the matters set out in Article 5(1) of the Convention.

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

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 2009 direct request, which read as follows:

Repetition

Tripartite consultations required by the Convention. The Committee notes the information contained in the Government’s report received in November 2009 in reply to its 2007 direct request. The Government reports that the Tripartite Forum (TRIFOR) Committee is responsible for consultations covered under Convention No. 144, as well as under the various labour laws and regulations. The Government also indicates that consultations are conducted as informally as possible enabling people to speak candidly about concerns and possible solutions. The Committee invites the Government to provide more detailed information on the content and outcome of the consultations held by the TRIFOR Committee on each of the matters set out in Article 5(1) of the Convention.

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

Tripartite consultations required by the Convention. The Committee notes the information contained in the Government’s report received in November 2009 in reply to its 2007 direct request. The Government reports that the Tripartite Forum (TRIFOR) Committee is responsible for consultations covered under Convention No. 144, as well as under the various labour laws and regulations. The Government also indicates that consultations are conducted as informally as possible enabling people to speak candidly about concerns and possible solutions. The Committee invites the Government to provide more detailed information on the content and outcome of the consultations held by the TRIFOR Committee on each of the matters set out in Article 5(1) of the Convention.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

Tripartite consultations required by the Convention. In reply to the 2006 direct request, the Government reported that the Tripartite Committee to address all matters set out in Article 5, paragraph 1, of the Convention will be established in March 2007. Detailed information of its deliberations including an annual report on the working of this process will be submitted to the Committee of Experts. The Committee would appreciate receiving, in the Government’s next report, detailed information on the content of the consultations and the recommendations formulated on each of the matters set out in Article 5, paragraph 1, of the Convention by the consultations held in the Tripartite Committee.

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

1. Tripartite consultations required by the Convention. In reply to previous comments, the Government indicates in the report received in June 2006 that assistance from the ILO has been required for the proper setting up of a consultative committee. The Government points out that it is a very small country and that all parties knew each other personally with daily telephone consultations and meetings between officials of the Government and the social partners. It also emphasizes that this mechanism has worked well over the years and that the consultations will be kept as informal as possible enabling the partners to speak candidly about concerns and possible solutions. The Committee welcomes this approach and would appreciate receiving in the Government’s next report detailed information on the content of the consultations held on each of the matters set out in Article 5, paragraph 1, of the Convention. The Committee further hopes that the Government will receive the advice and assistance that can be offered by the competent units of the ILO and that it will be in a position to describe the progress achieved by the Government and the social partners in pursuing effective tripartite consultations on the matters covered by the Convention.

2. Operation of the consultative procedures. The Committee once again requests the Government to indicate whether the representative organizations have been consulted on the issue of the production of an annual report on the working of the procedures covered by the Convention and to indicate, where appropriate, the outcome of these consultations (Article 6).

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

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 2004 direct request, which read as follows:

1. Tripartite consultations required by the Convention. In its report received in October 2004, the Government indicates that consultations have taken place with the Prime Minister, the Minister of Labour and the representative organizations of employers and workers on the amendment of certain provisions of the national legislation and the recognition of bargaining agents by employers. It indicates that the Prime Minister has undertaken to meet the social partners once every quarter. The Committee refers to its previous comments and once again requests the Government to provide detailed information on the consultations held, particularly within the Joint Tripartite Advisory Committee, on each of the matters set out in Article 5, paragraph 1, of the Convention during the period covered by the report, with an indication of the nature of any reports or recommendations resulting from these consultations.

2. Operation of the consultative procedures. The Committee once again requests the Government to indicate whether the representative organizations have been consulted on the issue of the production of an annual report on the working of the procedures covered by the Convention and to indicate, where appropriate, the outcome of these consultations (Article 6).

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

1. Tripartite consultations required by the Convention. In its report received in October 2004, the Government indicates that consultations have taken place with the Prime Minister, the Minister of Labour and the representative organizations of employers and workers on the amendment of certain provisions of the national legislation and the recognition of bargaining agents by employers. It indicates that the Prime Minister has undertaken to meet the social partners once every quarter. The Committee refers to its previous comments and once again requests the Government to provide detailed information on the consultations held, particularly within the Joint Tripartite Advisory Committee, on each of the matters set out in Article 5, paragraph 1, of the Convention during the period covered by the report, with an indication of the nature of any reports or recommendations resulting from these consultations.

2. Operation of the consultative procedures. The Committee once again requests the Government to indicate whether the representative organizations have been consulted on the issue of the production of an annual report on the working of the procedures covered by the Convention and to indicate, where appropriate, the outcome of these consultations (Article 6).

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous comment which read as follows:

Article 2 of the Convention. The Committee notes that effective consultations are facilitated through the Joint Tripartite Advisory Committee and that, in addition, frequent consultations between workers’ and employers’ representatives ensure dialogue and participation. It requests the Government to provide particulars on the nature and form of procedures within the Joint Tripartite Advisory Committee.

Article 5. The Committee notes that according to the Government’s report, consultations are held frequently to review the labour legislation. It requests the Government to supply full and detailed information on the consultations held during the period covered by the next report on each of the questions set forth in paragraph 1. It wishes to recall in this connection that some of the subjects listed (replies to questionnaires (a), submissions to the competent authorities (b), reports to be made to the International Labour Office (d)) involve annual consultation, while others (re-examination of unratified Conventions and Recommendations (c), proposals for the denunciation of ratified Conventions (e)) require less frequent examination. The Government is also requested to provide details on the nature of any reports and recommendations which arise therefrom.

Article 6. The Committee notes that no annual report is produced on the working of the procedures. It hopes that the Government will consult with the representative organizations on the need to produce an annual report on the working of the consultation procedures, as the Government has expressed in its previous reports, and that it will be able to communicate in its next report information on the results of such consultation.

Part V of the report form. Please add a general appreciation of the manner in which the Convention is applied in your country, giving, for example, extracts from official reports and any other information bearing on the practical application of the Convention.

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

Further to its previous observation, the Committee notes with interest that the ratifications of Conventions Nos. 87, 100, 103, 111, 138 and 147 were registered in 2001.

Article 2 of the Convention. The Committee notes that effective consultations are facilitated through the Joint Tripartite Advisory Committee and that, in addition, frequent consultations between workers’ and employers’ representatives ensure dialogue and participation. It requests the Government to provide particulars on the nature and form of procedures within the Joint Tripartite Advisory Committee.

Article 5. The Committee notes that according to the Government’s report, consultations are held frequently to review the labour legislation. It requests the Government to supply full and detailed information on the consultations held during the period covered by the next report on each of the questions set forth in paragraph 1. It wishes to recall in this connection that some of the subjects listed (replies to questionnaires (a), submissions to the competent authorities (b), reports to be made to the International Labour Office (d)) involve annual consultation, while others (re-examination of unratified Conventions and Recommendations (c), proposals for the denunciation of ratified Conventions (e)) require less frequent examination. The Government is also requested to provide details on the nature of any reports and recommendations which arise therefrom.

Article 6. The Committee notes that no annual report is produced on the working of the procedures. It hopes that the Government will consult with the representative organizations on the need to produce an annual report on the working of the consultation procedures, as the Government has expressed in its previous reports, and that it will be able to communicate in its next report information on the results of such consultation.

Part V of the report form. Please add a general appreciation of the manner in which the Convention is applied in your country, giving, for example, extracts from official reports and any other information bearing on the practical application of the Convention.

Observation (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes the Government’s report which supplies elements of information in reply to its observation of 1998. It particularly notes the information on the submission to the Cabinet of a proposal to ratify several international labour Conventions including some core Conventions which have not yet been ratified. According to the information supplied in the report, this submission was carried out subsequent to consultation with the employers’ and workers’ representative organizations within the Joint Tripartite Advisory Committee. The Committee welcomes this information, but considers it insufficient to provide a full picture of the effect given to certain provisions of the Convention. It therefore once again requests the Government to supply further information on the following Articles.

Article 2 of the Convention.  The Committee recalls that it has been asking the Government since 1990 to describe the nature and form of procedures within the Joint Tripartite Advisory Committee to ensure that effective consultations are held on each of the questions set forth in Article 5(1).

Article 5.  The Committee requests the Government to supply full and detailed information on the consultations held during the period covered by the next report on each of the questions set forth in paragraph 1. It wishes to recall in this connection that some of the subjects listed (replies to questionnaires (a), submissions to the competent authorities (b), reports to be made to the International Labour Office (d)) involved annual consultation, while others (re-examination of unratified Conventions and Recommendations (c), proposals for the denunciation of ratified Conventions (e)) require less frequent examination. The Government is also requested to indicate the frequency of consultations and to provide details on the nature of all reports and recommendations which arise therefrom.

Article 6.  In its previous report, in conformity with the present Article, the Government expressed its wish to consult the representative organizations on the need to produce an annual report on the working of the consultation procedures it described. The Government has the Committee’s encouragement in this connection and is requested to communicate, where appropriate, all information on the results of such consultation.

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

The Committee takes note of the information provided by the Government in reply to its previous observation. It notes with interest that the Ministry of Labour in September 1998 organized a tripartite seminar which dealt among other things with the activities of the ILO, and which testifies to the will of the Government to allow the social partners to participate effectively in the consultation procedures on the matters referred to in the Convention.

The Government indicates that the Joint Tripartite Advisory Committee met on ten occasions last year and that the representative organizations of employers and workers were regularly consulted on the matters referred to in Article 5, paragraph 1(a), (b) and (d), of the Convention. The Government in addition proposes to carry out consultations on the re-examination of unratified Conventions and Recommendations (subparagraph (c)).

The Committee trusts that the Government will continue to provide information which will allow it to assess fully the effect given to the provisions of the Convention. In this regard, the Committee refers to its previous comments and requests the Government to provide detailed answers in its next report to the questions raised in the report form for each Article, taking account of the following indications.

Article 2. Please describe how the nature and the form of the procedures followed by the Joint Tripartite Advisory Committee ensure that effect is given to this Article. The Committee recalls that under the terms of paragraph 1, the procedures applied must ensure "effective" consultations. In its 1982 General Survey on the Convention, the Committee explained that the consultations required were those which would enable employers' and workers' organizations to comment usefully on the subjects listed in Article 5, paragraph 1, that is, consultations capable of influencing the Government's decision (paragraph 44). The consultations must therefore be held before the Government takes any decision.

Article 5, paragraph 1(a) (Items on the agenda of the International Labour Conference). The Committee points out that consultations on this question should cover not only the Government's replies to questionnaires sent out in preparation for a first discussion, but also the Government's comments on draft texts drawn up by the ILO as a basis for the second discussion.

Subparagraph (b) (Submissions of Conventions and Recommendations to the competent authorities). With regard to this point, the Committee in its 1982 General Survey indicated that the Convention goes beyond the obligation of submission laid down in article 19 of the ILO Constitution in that it asks Governments to consult representative organizations before finalizing its proposals to the competent authority concerning the Convention and Recommendation which must be submitted to it. An exchange of views or information after the instruments have been submitted to the competent authority would therefore not meet the purpose of the Convention (paragraph 109).

Subparagraph (c) (Re-examination of unratified Conventions and Recommendations). The Committee considered it useful to emphasize the importance of tripartite consultations in this area in promoting the implementation of international labour standards and to recall that the purpose of this provision is to allow governments to consider what measures might be taken, through changes in national legislation and practice, to promote the ratification of a Convention or the implementation of a Recommendation which could not be put into effect at the time of submission to the competent authority.

Subparagraph (d) (Reports on ratified Conventions). Referring once again to its 1982 General Survey, the Committee recalls that this provision goes beyond the reporting obligation laid down in article 23, paragraph 2, of the Constitution. It requires consultations on problems that may arise out of reports to be made under article 22 on the application of ratified Conventions. As a rule such consultations concern the content of the reply to the comments of the supervisory bodies (paragraph 124).

Article 6. The Committee notes the wish expressed by the Government to consult the representative organizations on the need to produce an annual report on the working of the procedures provided for in the Convention. The Committee asks the Government to provide information on the results of any such consultations.

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

1. With reference to the comments it has been making for many years, the Committee notes with regret that the Government's report covering the period ending on 31 May 1997 still provides insufficient information for the Committee to assess fully the effect given to the fundamental provisions of the Convention.

2. The Committee recalls that the Convention covers primarily tripartite consultations to promote the implementation of international labour standards, and once again asks the Government to provide detailed replies in its next report to the questions raised in the report form under Articles 2, 5 and 6, taking account of the following indications.

Article 2 of the Convention. Please describe how the nature and form of the procedures followed by the Joint Tripartite Advisory Committee or the representative organizations of employers and workers ensure that effect is given to this Article, paragraph 1 of which requires the consultations covered by the Convention to address all the subjects listed in Article 5, paragraph 1. Consultation procedures must be effective, which means that they must enable employers' and workers' organizations to comment usefully on the subjects in question. The consultations must therefore be held before the Government takes a decision.

Article 5, paragraph 1. Please provide particulars of the consultations held on each of the subjects mentioned below, including information on their frequency and the nature of any reports or recommendations made as a result of the consultations. In this connection the Committee recalls that some of the subjects (replies to questionnaires, submissions to the competent authorities, reports to be submitted to the ILO) require yearly consultation, whereas others (re-examination of unratified Conventions and Recommendations, proposals for the denunciation of ratified Conventions) need less frequent review.

Subparagraph (a) (Items on the agenda of the International Labour Conference). Under this provision, the Government is required to consult the representative organizations of employers and workers before drafting the final text of its replies to ILO questionnaires. These consultations should cover not only replies to the questionnaires sent in preparation for a first discussion, but also the Government's comments on draft texts drawn up by the ILO as a basis for the second discussion.

Subparagraph (b) (Submission of Conventions and Recommendations to the competent authorities). On this point the Committee stated in its General Survey of 1982 (paragraph 109) that the Convention goes beyond the obligation to submit stipulated in article 19 of the ILO Constitution and requests governments to consult the representative organizations before finalizing its proposals to the competent authority concerning the Convention and Recommendations which must be submitted to it. An exchange of views or information after the instruments have been submitted to the competent authority would therefore not meet the purpose of the Convention.

Subparagraph (c) (Re-examination of unratified Conventions and Recommendations). The purpose of tripartite consultations on this subject is to promote the implementation of international labour standards by allowing the Government to envisage, through changes in national legislation and practice, the measures which might be taken in order to facilitate the ratification of a Convention or the implementation of a Recommendation, which were unable to be put into effect at the time of submission.

Subparagraph (d) (Reports on ratified Conventions). This provision goes beyond the reporting obligation laid down in article 23, paragraph 2, of the Constitution. It requires consultations on problems that may arise out of reports to be made under article 22 on the application of ratified Conventions. As a rule such consultations concern the content of the reply to the comments of the supervisory bodies.

Article 6. This provision requires the Government to consult the representative organizations of employers and workers on the need to produce an annual report on the working of the procedures provided for in the Convention. If there have been no such consultations, the Committee would be grateful if the Government would hold them as soon as possible and provide information on their outcome.

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

The Committee notes the Government's report. It notes that it contains little information by way of response to the comments that it has been repeating since 1990. The information supplied under Articles 2 and 5 is insufficient to assess the extent to which the provisions of the Convention are applied.

Although noting that consultations were held within the Joint Tripartite Advisory Committee and with the representative organizations of employers and workers on draft amendments to the Industrial Relations Act, the Committee recalls that the Convention covers primarily tripartite consultations to promote the implementation of international labour standards.

It emphasizes that Article 2, paragraph 1, of the Convention obliges each Member of the ILO that has ratified the Convention to operate procedures which ensure effective consultations between representatives of the Government, of employers and of workers with respect to the matters concerning the activities of the ILO enumerated in Article 5, paragraph 1.

In its 1982 General Survey on tripartite consultation (international labour standards), para. 44, the Committee defined effective consultations as consultations which enable employers' and workers' organizations to have a useful say in matters relating to the activities of the ILO referred to in the Convention and in Recommendation No. 152.

Such consultations should therefore be held prior to any decision by the Government on the matters enumerated in Article 5, paragraph 1, although the opinions expressed by the organizations are not binding in this respect.

The Committee requests the Government to supply information in the light of these comments illustrating the effective nature of the consultations covered by the Convention or to take all necessary measures in this respect.

Recalling that certain matters (replies to questionnaires, submission to the competent authorities, reports to be made to the ILO under article 22 of the Constitution) require annual consultations, while others (for example, proposals for the denunciation of ratified Conventions) need less frequent examination, the Committee once again requests the Government to provide, as requested in the report form on the Convention, detailed information on the consultations held during the period covered by the last report on each of the matters set out in points (b) and (d), and for the period covered by the next report on each of the matters covered by Article 5, paragraph 1.

This information should include the precise purpose of the issues which have been examined, the frequency of consultations and the results of the consultations.

Finally, the Committee recalls that, in accordance with Article 6, the organizations of employers and workers have to be consulted on the need to issue an annual report on the working of the procedures provided for in the Convention. If such consultations have not been held, the Committee would be grateful if the Government would hold them as soon as possible and provide information in its next report on their results.

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

The Committee notes with regret that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

The Committee recalls that genuine consultations should be held frequently so that each of the questions listed in Article 5, paragraph 1, of the Convention may be examined when necessary, in accordance with the principle of "effective consultations" set forth in Article 2. Certain subjects (replies to questionnaires, submission to the competent authorities, reports to be made to the ILO under article 22 of the Constitution of the Organization) imply annual consultations, whereas other subjects (for example, proposals for the denunciation of ratified Conventions), arise less frequently. In these circumstances, the Committee again requests the Government to describe the measures taken or under consideration to hold regular consultations on these matters. It also requests the Government to furnish detailed information concerning the consultations held (during the period covered by the next report) on the various matters listed in Article 5, paragraph 1, specifying the results that these consultations have led to. Moreover, the Committee recalls that according to Article 6, representative organizations of employers and workers should be consulted on the necessity of producing an annual report on the working of the procedures provided for in the Convention. It requests the Government to state whether such consultations have taken place and, in the affirmative, to provide information on any results.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

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

The Committee notes with regret that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

The Committee recalls that genuine consultations should be held frequently so that each of the questions listed in Article 5, paragraph 1, of the Convention may be examined when necessary, in accordance with the principle of "effective consultations" set forth in Article 2. Certain subjects (replies to questionnaires, submission to the competent authorities, reports to be made to the ILO under article 22 of the Constitution of the Organization) imply annual consultations, whereas other subjects (for example, proposals for the denunciation of ratified Conventions), arise less frequently. In these circumstances, the Committee again requests the Government to describe the measures taken or under consideration to hold regular consultations on these matters. It also requests the Government to furnish detailed information concerning the consultations held (during the period covered by the next report) on the various matters listed in Article 5, paragraph 1, specifying the results that these consultations have led to. Moreover, the Committee recalls that according to Article 6, representative organizations of employers and workers should be consulted on the necessity of producing an annual report on the working of the procedures provided for in the Convention. It requests the Government to state whether such consultations have taken place and, in the affirmative, to provide information on any results.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

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

The Committee notes with regret that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

The Committee recalls that genuine consultations should be held frequently so that each of the questions listed in Article 5, paragraph 1, of the Convention may be examined when necessary, in accordance with the principle of "effective consultations" set forth in Article 2. Certain subjects (replies to questionnaires, submission to the competent authorities, reports to be made to the ILO under article 22 of the Constitution of the Organisation) imply annual consultations, whereas other subjects (for example, proposals for the denunciation of ratified Conventions), arise less frequently. In these circumstances, the Committee again requests the Government to describe the measures taken or under consideration to hold regular consultations on these matters. It also requests the Government to furnish detailed information concerning the consultations held (during the period covered by the next report) on the various matters listed in Article 5, paragraph 1, specifying the results that these consultations have led to. Moreover, the Committee recalls that according to Article 6, representative organizations of employers and workers should be consulted on the necessity of producing an annual report on the working of the procedures provided for in the Convention. It requests the Government to state whether such consultations have taken place and, in the affirmative, to provide information on any results.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

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

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

The Committee notes with regret that the Government's report contains no reply to previous comments. It must therefore repeat its previous observation which read as follows: The Committee recalls that genuine consultations should be held frequently so that each of the questions listed in Article 5, paragraph 1, of the Convention may be examined when necessary, in accordance with the principle of "effective consultations" set forth in Article 2. Certain subjects (replies to questionnaires, submission to the competent authorities, reports to be made to the ILO under article 22 of the Constitution of the Organisation) imply annual consultations, whereas other subjects (for example, proposals for the denunciation of ratified Conventions), arise less frequently. In these circumstances, the Committee again requests the Government to describe the measures taken or under consideration to hold regular consultations on these matters. It also requests the Government to furnish detailed information concerning the consultations held (during the period covered by the next report) on the various matters listed in Article 5, paragraph 1, specifying the results that these consultations have led to. Moreover, the Committee recalls that according to Article 6, representative organisations of employers and workers should be consulted on the necessity of producing an annual report on the working of the procedures provided for in the Convention. It requests the Government to state whether such consultations have taken place and, in the affirmative, to provide information on any results.

TEXT The Committee reiterates the hope that the Government will make every effort to take the necessary action in the very near future.

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

The Committee notes with regret that the Government's report contains no reply to previous comments. It must therefore repeat its previous observation which read as follows:

The Committee recalls that genuine consultations should be held frequently so that each of the questions listed in Article 5, paragraph 1, of the Convention may be examined when necessary, in accordance with the principle of "effective consultations" set forth in Article 2. Certain subjects (replies to questionnaires, submission to the competent authorities, reports to be made to the ILO under article 22 of the Constitution of the Organisation) imply annual consultations, whereas other subjects (for example, proposals for the denunciation of ratified Conventions), arise less frequently. In these circumstances, the Committee again requests the Government to describe the measures taken or under consideration to hold regular consultations on these matters. It also requests the Government to furnish detailed information concerning the consultations held (during the period covered by the next report) on the various matters listed in Article 5, paragraph 1, specifying the results that these consultations have led to. Moreover, the Committee recalls that according to Article 6, representative organisations of employers and workers should be consulted on the necessity of producing an annual report on the working of the procedures provided for in the Convention. It requests the Government to state whether such consultations have taken place and, in the affirmative, to provide information on any results.

TEXT

The Committee reiterates the hope that the Government will make every effort to take the necessary action in the very near future.

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

The Committee notes once more that the Government's report contains no reply to its previous comments. As it had already pointed out, genuine consultations should be held frequently so that each of the questions listed in Article 5, paragraph 1, of the Convention may be examined when necessary, in accordance with the principle of "effective consultations" set forth in Article 2. Certain subjects (replies to questionnaires, submission to the competent authorities, reports to be made to the ILO under article 22 of the Constitution of the Organisation) imply annual consultations, whereas other subjects (for example, proposals for the denunciation of ratified Conventions), arise less frequently.

In these circumstances, the Committee again requests the Government to describe the measures taken or under consideration to hold regular consultations on these matters. It also requests the Government to furnish detailed information concerning the consultations held (during the period covered by the next report) on the various matters listed in Article 5, paragraph 1, specifying the results that these consultations have led to.

Moreover, the Committee recalls that according to Article 6, representative organisations of employers and workers should be consulted on the necessity of producing an annual report on the working of the procedures provided for in the Convention. It requests the Government to state whether such consultations have taken place and, in the affirmative, to provide information on any results.

The Committee reiterates the hope that the Government will make every effort to take the necessary action in the very near future.