Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) - Barbados (Ratification: 1983)

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

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2024, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

Article 5 of the Convention. Effective tripartite consultations. The Government indicates in its report that the most recent Standing Tripartite Committee was appointed for a period of three years, effective from 27 October 2014. The Committee notes with interest the minutes of the Standing Tripartite Committee meetings convened on 1 September 2015 and 28 September 2016. In 2015, the Standing Tripartite Committee discussed and completed the report form for the 2015 General Survey concerning the right of association and rural workers’ organizations instruments, whereas in 2016, it discussed completion of the report form for the 2017 General Survey concerning the occupational safety and health instruments, as well as the contents of the reports on ratified Conventions to be made to the ILO in 2015 and 2016, as recorded in the minutes of the meetings respectively convened on 1 September 2015 and 28 September 2016. The Committee requests the Government to continue to provide information, including minutes of the Standing Tripartite Committee meetings, on the content and outcome of tripartite consultations held on all matters concerning international labour standards covered by the Convention, particularly with regard to the submission to the competent authorities of Conventions and Recommendations (Article 5(1)(b)), and the re-examination of unratified Conventions and Recommendations to which effect has not yet been given (Article 5(1)(c)).

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

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2023, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

Article 5 of the Convention. Effective tripartite consultations. The Government indicates in its report that the most recent Standing Tripartite Committee was appointed for a period of three years, effective from 27 October 2014. The Committee notes with interest the minutes of the Standing Tripartite Committee meetings convened on 1 September 2015 and 28 September 2016. In 2015, the Standing Tripartite Committee discussed and completed the report form for the 2015 General Survey concerning the right of association and rural workers’ organizations instruments, whereas in 2016, it discussed completion of the report form for the 2017 General Survey concerning the occupational safety and health instruments, as well as the contents of the reports on ratified Conventions to be made to the ILO in 2015 and 2016, as recorded in the minutes of the meetings respectively convened on 1 September 2015 and 28 September 2016.The Committee requests the Government to continue to provide information, including minutes of the Standing Tripartite Committee meetings, on the content and outcome of tripartite consultations held on all matters concerning international labour standards covered by the Convention, particularly with regard to the submission to the competent authorities of Conventions and Recommendations (Article 5(1)(b)), and the re-examination of unratified Conventions and Recommendations to which effect has not yet been given (Article 5(1)(c)).

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

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2022, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

Article 5 of the Convention. Effective tripartite consultations. The Government indicates in its report that the most recent Standing Tripartite Committee was appointed for a period of three years, effective from 27 October 2014. The Committee notes with interest the minutes of the Standing Tripartite Committee meetings convened on 1 September 2015 and 28 September 2016. In 2015, the Standing Tripartite Committee discussed and completed the report form for the 2015 General Survey concerning the right of association and rural workers’ organizations instruments, whereas in 2016, it discussed completion of the report form for the 2017 General Survey concerning the occupational safety and health instruments, as well as the contents of the reports on ratified Conventions to be made to the ILO in 2015 and 2016, as recorded in the minutes of the meetings respectively convened on 1 September 2015 and 28 September 2016. The Committee requests the Government to continue to provide information, including minutes of the Standing Tripartite Committee meetings, on the content and outcome of tripartite consultations held on all matters concerning international labour standards covered by the Convention, particularly with regard to the submission to the competent authorities of Conventions and Recommendations (Article 5(1)(b)), and the re-examination of unratified Conventions and Recommendations to which effect has not yet been given (Article 5(1)(c)).

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

The Committee notes with concern 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

Article 5 of the Convention. Effective tripartite consultations. The Government indicates in its report that the most recent Standing Tripartite Committee was appointed for a period of three years, effective from 27 October 2014. The Committee notes with interest the minutes of the Standing Tripartite Committee meetings convened on 1 September 2015 and 28 September 2016. In 2015, the Standing Tripartite Committee discussed and completed the report form for the 2015 General Survey concerning the right of association and rural workers’ organizations instruments, whereas in 2016, it discussed completion of the report form for the 2017 General Survey concerning the occupational safety and health instruments, as well as the contents of the reports on ratified Conventions to be made to the ILO in 2015 and 2016, as recorded in the minutes of the meetings respectively convened on 1 September 2015 and 28 September 2016. The Committee requests the Government to continue to provide information, including minutes of the Standing Tripartite Committee meetings, on the content and outcome of tripartite consultations held on all matters concerning international labour standards covered by the Convention, particularly with regard to the submission to the competent authorities of Conventions and Recommendations (Article 5(1)(b)), and the re-examination of unratified Conventions and Recommendations to which effect has not yet been given (Article 5(1)(c)).

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

Article 5 of the Convention. Effective tripartite consultations. The Government indicates in its report that the most recent Standing Tripartite Committee was appointed for a period of three years, effective from 27 October 2014. The Committee notes with interest the minutes of the Standing Tripartite Committee meetings convened on 1 September 2015 and 28 September 2016. In 2015, the Standing Tripartite Committee discussed and completed the report form for the 2015 General Survey concerning the right of association and rural workers’ organizations instruments, whereas in 2016, it discussed completion of the report form for the 2017 General Survey concerning the occupational safety and health instruments, as well as the contents of the reports on ratified Conventions to be made to the ILO in 2015 and 2016, as recorded in the minutes of the meetings respectively convened on 1 September 2015 and 28 September 2016. The Committee requests the Government to continue to provide information, including minutes of the Standing Tripartite Committee meetings, on the content and outcome of tripartite consultations held on all matters concerning international labour standards covered by the Convention, particularly with regard to the submission to the competent authorities of Conventions and Recommendations (Article 5(1)(b)), and the re-examination of unratified Conventions and Recommendations to which effect has not yet been given (Article 5(1)(c)).

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

Article 5 of the Convention. Effective tripartite consultations. The Government indicates in its report that the most recent Standing Tripartite Committee was appointed for a period of three years, effective from 27 October 2014. The Committee notes with interest the minutes of the Standing Tripartite Committee meetings convened on 1 September 2015 and 28 September 2016. In 2015, the Standing Tripartite Committee discussed and completed the report form for the 2015 General Survey concerning the right of association and rural workers’ organizations instruments, whereas in 2016, it discussed completion of the report form for the 2017 General Survey concerning the occupational safety and health instruments, as well as the contents of the reports on ratified Conventions to be made to the ILO in 2015 and 2016, as recorded in the minutes of the meetings respectively convened on 1 September 2015 and 28 September 2016. The Committee requests the Government to continue to provide information, including minutes of the Standing Tripartite Committee meetings, on the content and outcome of tripartite consultations held on all matters concerning international labour standards covered by the Convention, particularly with regard to the submission to the competent authorities of Conventions and Recommendations (Article 5(1)(b)), and the re-examination of unratified Conventions and Recommendations to which effect has not yet been given (Article 5(1)(c)).

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

Effective tripartite consultations required by the Convention. The Committee notes with interest the Government’s report received in May 2013 which includes the minutes of the meeting of the Standing Tripartite Consultation Committee held on 20 September 2011. In this regard, the Committee notes the remarks made by the members of the Tripartite Committee concerning the reports on the application of ratified Conventions. The Committee invites the Government to include detailed information on the meetings and consultations held during the period covered by the next report on all the matters related to international labour standards covered by Article 5(1) of the Convention.

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

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 2011 direct request, which read as follows:

Repetition

Effective tripartite consultations required by the Convention. The Committee notes the comments from the Barbados Workers’ Union (BWU), sent to the Government in September 2011. In its previous reports, the Government indicated that it established a Standing Tripartite Committee to ensure effective consultations between representatives of the Government, employers and workers regarding matters covered by the Convention. The BWU wishes for more frequent meetings of the Tripartite Committee although it recognizes that the Subcommittee of the Tripartite Social Partnership meets monthly and full discussions are held there. The infrequency of meetings has caused the Tripartite Committee to be in a position where it is debating matters after the fact rather than before they reach the final decision stage. The BWU also indicates that the Tripartite Committee has failed to follow through on a number of its commitments (for example, the discussions concerning the issues that would be brought before the International Labour Conference have not taken place, and the Chairman of the Tripartite Committee has not been represented in the Barbados Delegation). The Committee invites the Government to provide in its next report detailed information on the content and outcome of the tripartite consultations held on matters related to international labour standards covered by Article 5(1) of the Convention.

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

Effective tripartite consultations required by the Convention. The Committee notes the comments from the Barbados Workers’ Union (BWU), sent to the Government in September 2011. In its previous reports, the Government indicated that it established a Standing Tripartite Committee to ensure effective consultations between representatives of the Government, employers and workers regarding matters covered by the Convention. The BWU wishes for more frequent meetings of the Tripartite Committee although it recognizes that the Subcommittee of the Tripartite Social Partnership meets monthly and full discussions are held there. The infrequency of meetings has caused the Tripartite Committee to be in a position where it is debating matters after the fact rather than before they reach the final decision stage. The BWU also indicates that the Tripartite Committee has failed to follow through on a number of its commitments (for example, the discussions concerning the issues that would be brought before the International Labour Conference have not taken place, and the Chairman of the Tripartite Committee has not been represented in the Barbados Delegation). The Committee invites the Government to provide in its next report detailed information on the content and outcome of the tripartite consultations held on matters related to international labour standards covered by Article 5(1) of the Convention.

[The Government is invited to reply in detail to the present comments in 2012.]

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

Effective tripartite consultations required by the Convention. The Committee notes the information contained in the Government’s reports received in December 2008 and November 2009. In reply to previous comments, the Government indicates that it established a Standing Tripartite Committee to ensure effective consultations between representatives of the Government, employers and workers regarding matters stipulated in the Convention. The Tripartite Committee has held eight meetings between May 2005 and December 2008 when it considered, among other things, to ratify a number of Conventions including the Labour Administration Convention, 1978 (No. 150), the Labour Relations (Public Service) Convention, 1978 (No. 151), and the Vocational Rehabilitation and Employment (Disabled Persons) Convention, 1983 (No. 159). The most recent Tripartite Committee was appointed in February 2008 for a period of three years. The Government indicates that it had 26 outstanding reports for the ILO as at 30 March 2008, and during the course of four months, the Tripartite Committee met on three occasions and completed 24 reports. The Government indicates that every effort is being made to complete the remaining two reports. The Committee asks the Government to continue to provide information on the content and outcome of the tripartite consultations held on the matters related to international labour standards listed in Article 5 of the Convention.

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

Effective tripartite consultations. The Committee notes that the Government’s report, due in 2008, has not been received. It further notes the comments submitted to the Government by the Congress of Trade Unions and Staff Associations of Barbados, and transmitted to the Office in June 2008. The Congress of Trade Unions and Staff Associations of Barbados indicates that the tripartite committee was established and has met and had discussions, albeit too infrequently. It expresses its hope that the tripartite committee will convene more regular meetings in an effort to fulfil the mandate of the Convention and to discuss the pertinent matters which require a policy position and, therefore, should be discussed at the tripartite level. The Congress of Trade Unions and Staff Associations also advises that, since 1993, there is a Tripartite Social Partnership with a subcommittee which meets on a monthly basis. In 2006, the Committee noted the Barbados Employers’ Confederation’s indication that there was a need to harmonize the reports being forwarded to the ILO. The employers’ organization requested that, after a report is compiled by the Ministry, it should be sent to the Barbados Employers’ Confederation and to the Congress of Trade Unions and Staff Associations of Barbados before being forwarded to the ILO. In its 2006 observation, the Committee indicated that the request by the employers’ organization was in conformity with the procedure provided for in Article 5, paragraph 1(d), of the Convention. The Committee refers to its 2006 observation and requests the Government to provide a report, including its own views, on the points raised by the Congress of Trade Unions and Staff Associations of Barbados. The Committee hopes that the report will include information on any appropriate arrangements made by the social partners to ensure “effective consultations” on the matters concerning international labour standards covered by the Convention (Article 5, paragraph 1, of the Convention). Furthermore, the Committee asks the Government to report on the nature of any reports and recommendations produced as a result of the activities of the tripartite committee.

[The Government is asked to reply in detail to the present comments in 2009.]

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

The Committee notes that the Government’s report has not been received. It must therefore repeat its 2006 observation which read as follows:

Effective tripartite consultations. The Committee noted in 2006 that a tripartite committee was established by the Government comprising representatives from the Congress of Trade Unions and Staff Associations of Barbados and from the Barbados Employers’ Confederation. The inaugural meeting on 18 August 2004 discussed such matters as the role and mandate of the committee, the training and orientation programme for committee members, the status of Conventions for ratification, the preparation of reports and questionnaires for the 94th Session of the International Labour Conference. The Government’s report received in April 2006 also said that the representative of the Barbados Employers’ Confederation indicated that there was a need to harmonize the reports being forwarded to the ILO. The employers’ representative requested that, after a report is compiled by the Ministry, it should be sent to the Barbados Employers’ Confederation and to the Congress of Trade Unions and Staff Associations of Barbados before being forwarded to the ILO. The Committee notes that the request by the employers’ organization is in conformity with the procedures provided for in Article 5, paragraph 1(d), of the Convention. The Committee points out that one of the subjects to be dealt with in the consultations provided for in the Convention concerns matters arising out of reports to be made to the International Labour Office under article 22 of the ILO Constitution. It also points out that for such consultations to be effective it would be appropriate for employers’ and workers’ organizations to become acquainted with the content of the reports due under the ILO Constitution. The Committee recalls that the reports requested must reach the International Labour Office within a prescribed time limit. Consequently, the Committee trusts that the Government and the social partners will make appropriate arrangements to ensure “effective consultations” between social partners on the matters covered by the Convention (Article 5, paragraph 1) to the satisfaction of all the parties. Furthermore, the Committee would appreciate it if the Government would continue to report on the nature of any reports and recommendations produced as a result of the activities of the tripartite committee.

[The Government is requested to reply in detail to the present comments in 2008.]

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

Effective tripartite consultations. In its previous comments, the Committee hoped that progress would be made in the establishment of a tripartite committee and in the consultations held therein on the matters covered by the Convention. The Committee therefore notes with satisfaction that a tripartite committee was established by the Government comprising representatives from the Congress of Trade Unions and Staff Associations of Barbados and from the Barbados Employers’ Confederation. The inaugural meeting on 18 August 2004 discussed such matters as the role and mandate of the committee, the training and orientation programme for committee members, the status of Conventions for ratification, the preparation of reports and questionnaires for the 94th Session of the International Labour Conference. The Government’s report received in April 2006 also said that the representative of the Barbados Employers’ Confederation indicated that there was a need to harmonize the reports being forwarded to the ILO. The employers’ representative requested that, after a report is compiled by the Ministry, it should be sent to the Barbados Employers’ Confederation and to the Congress of Trade Unions and Staff Associations of Barbados before being forwarded to the ILO. The Committee notes that the request by the employers’ organization is in conformity with the procedures provided for in Article 5, paragraph 1(d), of the Convention. The Committee points out that one of the subjects to be dealt with in the consultations provided for in the Convention concerns matters arising out of reports to be made to the International Labour Office under article 22 of the ILO Constitution. It also points out that for such consultations to be effective it would be appropriate for employers’ and workers’ organizations to become acquainted with the content of the reports due under the ILO Constitution. The Committee recalls that the reports requested must reach the International Labour Office within a prescribed time limit. Consequently, the Committee hopes that the Government and the social partners will make appropriate arrangements to ensure “effective consultations” between social partners on the matters covered by the Convention (Article 5, paragraph 1) to the satisfaction of all the parties. Furthermore, the Committee would appreciate it if the Government would continue to report on the nature of any reports and recommendations produced as a result of the activities of the tripartite committee.

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

The Committee notes that the Government’s report has not been received. It must therefore repeat its 2004 observation which read as follows:

Effective tripartite consultations. Following its previous comments, the Committee notes the Government’s report received in December 2003 containing the social partners’ observations on the operation of the Convention. The Government indicates that there is no tripartite committee as set out in the Convention. The Ministry of Labour and Social Security is, however, in the process of establishing such a committee to deal with the various matters set out in the Convention. The Government also indicates that consultations were held in writing as previously reported. The Barbados Employers’ Confederation states that there has been agreement to establish a committee in accordance with the Convention. In the view of the Congress of Trade Unions and Staff Associations of Barbados, the consultation process could be strengthened if a tripartite committee were established to deal with the matters covered by the Convention. The Congress has called on the Government to establish such a committee and has taken the opportunity to comment on the Government’s report to renew the call. The Committee hopes that progress will be made in the establishment of a tripartite committee and on the consultations held therein on the matters covered by the Convention (Article 2 of the Convention). Please also supply a list of the consultations held during the next reporting period, on each of the matters set out in Article 5, paragraph 1, including information as to the frequency of these consultations, and providing examples of any reports or recommendations resulting from the consultations held under the established procedures.

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

Effective tripartite consultations. Following its previous comments, the Committee notes the Government’s report received in December 2003 containing the social partners’ observations on the operation of the Convention. The Government indicates that there is no tripartite committee as set out in the Convention. The Ministry of Labour and Social Security is, however, in the process of establishing such a committee to deal with the various matters set out in the Convention. The Government also indicates that consultations were held in writing as previously reported. The Barbados Employers’ Confederation states that there has been agreement to establish a committee in accordance with the Convention. In the view of the Congress of Trade Unions and Staff Associations of Barbados, the consultation process could be strengthened if a tripartite committee were established to deal with the matters covered by the Convention. The Congress has called on the Government to establish such a committee and has taken the opportunity to comment on the Government’s report to renew the call. The Committee hopes that progress will be made in the establishment of a tripartite committee and on the consultations held therein on the matters covered by the Convention (Article 2 of the Convention). Please also supply a list of the consultations held during the next reporting period, on each of the matters set out in Article 5, paragraph 1, including information as to the frequency of these consultations, and providing examples of any reports or recommendations resulting from the consultations held under the established procedures.

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

The Committee notes the Government’s report as well as the observation included from the Barbados Employer’s Confederation and the Barbados Workers’ Union.

1. Article 2 of the Convention. In its 1999 direct request, following the Government’s indications and the comments by the Barbados Workers’ Union, the Committee asked the Government to specify the measures taken or envisaged to operate procedures that ensure effective consultations satisfactory to all the parties. In its most recent report, the Government states, and the Barbados Employer’s Confederation confirms, that in Barbados there is currently no tripartite consultative committee. Instead, consultation between representatives of the Government, employers and workers takes place through written communication. However, the Government adds that Barbados has a process of tripartite consultation, as set forth by the social partners in "Protocol III". A subcommittee of social partners, chaired by a minister of the Government, holds meetings on a monthly basis to discuss topics ranging from the state of the economy to WTO negotiations to the issue of genetically modified foods. The Committee would be grateful if the Government would provide precise information on the operating procedures which ensure effective consultations on all the matters set forth in Article 5, paragraph 1, of the Convention, including examples of any reports or recommendations made as a result of the consultations held under the established procedures.

2. Article 5, paragraph 1. The Committee notes that the ILO questionnaire and report forms are sent to employers’ and workers’ organizations by the Government for their comments, which are usually taken into consideration when the Government submits its reply to the Office. Please supply a list of the consultations held during the next reporting period, on each of the matters set out in paragraph 1, including information as to the frequency of these consultations and providing details, where appropriate, on all reports and recommendations arising therefrom.

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

The Committee has noted the Government's latest report on application of the Convention. It notes that the Tripartite Consultative Committee on ILO Matters, the creation of which was discussed at a consultation of the social partners, has not yet been established and that tripartite consultations on the matters laid down in the Convention are carried out by written communications. Noting that the Government had indicated in its previous reports that this system of consultation did not appear to be very effective, the Committee requests it to indicate the measures taken or envisaged pursuant to the abovementioned consultation of the social partners. In this context, the Committee notes that the Barbados Workers' Union stresses again the need to set up a national tripartite committee as soon as possible.

Furthermore, the Committee notes that the Government's report contains no relevant information on the consultations that took place on the matters set forth in Article 5, paragraph 1, of the Convention. It wishes to draw the Government's attention to the need to supply the fullest detailed information possible on the consultations held in order to allow it to better assess how the Convention is applied in practice.

The Committee hopes that the Government will take the necessary measures to adopt an effective consultation procedure satisfactory to all parties and that it will be able to supply information to that effect in its next report as well as to supply the information required under the section of the report form relating to Article 5.

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

The Committee notes the two communications from the Government addressed to the ILO in June and October 1998. In those communications, the Government indicates that the Congress of Trade Unions and Staff Associations of Barbados (CTUSAB) would like to see a National Tripartite Committee established to deal with ILO matters and make consultations more effective. Such a Committee would constitute the appropriate body to discuss the ratification of ILO Conventions that have not yet been ratified. The Government indicates that the present system of consultations based on written communications does not appear to be very effective in the terms of the Convention. It has therefore decided to consult representative organizations of employers and workers regarding the possibility of establishing a National Tripartite Labour Committee.

The Committee notes this information, which demonstrates the interest of the Government and the social partners in ensuring full application of the Convention. The Committee requests the Government to keep the ILO informed of any progress made in this regard and trusts that, in the near future, it will be in a position to provide detailed information on the application of each of the provisions of the Convention, taking into account in particular the following indications.

Article 2 of the Convention. The Committee recalls that, under present provisions the procedures used must ensure "effective" consultations. In its 1982 General Survey on tripartite consultations, the Committee indicated that effective consultations were those which enabled employers' and workers' organizations to comment usefully on the matters listed in Article 5, paragraph 1, that is to say, consultations capable of influencing the Government's decision (paragraph 44). These consultations must therefore take place 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 in this area 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 instruments drawn up by the ILO as a basis for the second discussion.

Article 5, paragraph 1(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 Conventions 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 (paragraph 109).

Article 5, paragraph 1(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.

Article 5, paragraph 1(d) (reports on ratified Conventions). With reference once again to its 1992 General Survey, the Committee recalls that this provision goes beyond reporting the obligation laid down in article 23, paragraph 2, of the Constitution. It requires consultations on problems arising out of reports to be made under article 22 of the Constitution on the application of ratified Conventions; these consultations in general concern the content of the reply to the comments of the supervisory bodies (paragraph 124).

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 brief information contained in the Government's report for the period ending 30 June 1995. With reference to its previous direct request, the Committee would be grateful if the Government would provide a detailed report on the application of the Convention, taking into account the following indications that the Committee considers it useful to provide in order to clarify, if needed, the scope of certain of the fundamental provisions of the Convention.

Article 2 of the Convention. The Committee recalls that under the terms of this Article, the procedures which are operated must ensure "effective" consultations. In its 1982 General Survey on tripartite consultation, the Committee specified that such consultations, within the meaning of this provision, are those which enable employers' and workers' organizations to have a useful say on the matters enumerated in Article 5, paragraph 1, namely consultations that are such as to be able to influence the decisions taken by the Government. These consultations must therefore necessarily be held before decisions are taken by the Government.

Article 5, paragraph 1(a): Items on the agenda of the Conference. The Committee emphasizes that these consultations should not only cover Government replies to the questionnaires sent out with a view to a first discussion, but also the Government's comments on the draft texts developed by the Office to serve as a basis for the second discussion.

Point (b): Submission to the competent authorities of Conventions and Recommendations. On this point, the Committee indicated in its 1982 General Survey that the Convention goes beyond the obligation of submission set out in article 19 of the Constitution of the ILO, by requesting governments to consult the representative organizations before finalizing the proposals made to the competent authority in relation to the Conventions and Recommendations, which have to be submitted to that authority. An exchange of views or information held after the submission to the competent authority would not therefore fulfil the objective of the Convention.

Point (c): Re-examination of unratified Conventions and of Recommendations. The Committee considers it useful to emphasize the role of tripartite consultation in this respect to promote the implementation of international labour standards and it recalls that the precise objective of this provision is to enable governments to envisage, in view of changes in national law and practice, measures which could be taken to promote the ratification of a Convention or the application of a Recommendation, to which it had not been possible to give effect at the time of their submission to the competent authority.

Point (d): Reports on ratified Conventions. With reference once again to its General Survey, the Committee recalls that this provision goes beyond the obligation to communicate reports set out in article 23, paragraph 2, of the Constitution, inasmuch as it calls for consultations on the problems which may arise out of the reports to be made under article 22 of the Constitution on the application of ratified Conventions; these consultations generally concern the substance of the reply to comments by the supervisory bodies.

The Committee trusts that, in the light of these comments, the Government will provide full and detailed information on the consultations undertaken (with an indication of their precise objective), during the period covered by the next report, on each of the matters enumerated in Article 5, paragraph 1, including information on their frequency, and that it will indicate the nature of any reports or recommendations made as a result of the consultations.

Finally, the Committee would be grateful if the Government would indicate the representative organizations to which the reports are communicated (point VI of the report form) and indicate any observations received from them on the application of the Convention.

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes the brief information contained in the Government's report for the period ending 30 June 1995. With reference to its previous direct request, the Committee would be grateful if the Government would provide a detailed report on the application of the Convention, taking into account the following indications that the Committee considers it useful to provide in order to clarify, if needed, the scope of certain of the fundamental provisions of the Convention.

Article 2 of the Convention. The Committee recalls that under the terms of this Article, the procedures which are operated must ensure "effective" consultations. In its 1982 General Survey on tripartite consultation, the Committee specified that such consultations, within the meaning of this provision, are those which enable employers' and workers' organizations to have a useful say on the matters enumerated in Article 5, paragraph 1, namely consultations that are such as to be able to influence the decisions taken by the Government. These consultations must therefore necessarily be held before decisions are taken by the Government.

Article 5, paragraph 1(a): Items on the agenda of the Conference. The Committee emphasizes that these consultations should not only cover Government replies to the questionnaires sent out with a view to a first discussion, but also the Government's comments on the draft texts developed by the Office to serve as a basis for the second discussion.

Point (b): Submission to the competent authorities of Conventions and Recommendations. On this point, the Committee indicated in its 1982 General Survey that the Convention goes beyond the obligation of submission set out in article 19 of the Constitution of the ILO, by requesting governments to consult the representative organizations before finalizing the proposals made to the competent authority in relation to the Conventions and Recommendations, which have to be submitted to that authority. An exchange of views or information held after the submission to the competent authority would not therefore fulfil the objective of the Convention.

Point (c): Re-examination of unratified Conventions and of Recommendations. The Committee considers it useful to emphasize the role of tripartite consultation in this respect to promote the implementation of international labour standards and it recalls that the precise objective of this provision is to enable governments to envisage, in view of changes in national law and practice, measures which could be taken to promote the ratification of a Convention or the application of a Recommendation, to which it had not been possible to give effect at the time of their submission to the competent authority.

Point (d): Reports on ratified Conventions. With reference once again to its General Survey, the Committee recalls that this provision goes beyond the obligation to communicate reports set out in article 23, paragraph 2, of the Constitution, inasmuch as it calls for consultations on the problems which may arise out of the reports to be made under article 22 of the Constitution on the application of ratified Conventions; these consultations generally concern the substance of the reply to comments by the supervisory bodies.

The Committee trusts that, in the light of these comments, the Government will provide full and detailed information on the consultations undertaken (with an indication of their precise objective), during the period covered by the next report, on each of the matters enumerated in Article 5, paragraph 1, including information on their frequency, and that it will indicate the nature of any reports or recommendations made as a result of the consultations.

Finally, the Committee would be grateful if the Government would indicate the representative organizations to which the reports are communicated (point VI of the report form) and indicate any observations received from them on the application of the Convention.

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

The Committee notes the brief information contained in the Government's report in reply to its previous comments. It would be grateful if the Government would provide a detailed report on the application of the Convention, taking into account the following indications that the Committee considers it useful to provide in order to clarify, if needed, the scope of certain of the fundamental provisions of the Convention.

Article 2 of the Convention. The Committee recalls that under the terms of this Article, the procedures which are operated must ensure "effective" consultations. In its 1982 General Survey on tripartite consultation, the Committee specified that such Conventions, in the meaning of this provision, are those which enable employers' and workers' organizations to have a useful say on the matters enumerated in Article 5, paragraph 1, namely consultations that are such as to be able to influence the decisions taken by the Government, without their outcome being of a binding nature in this respect. These consultations must therefore necessarily be held before decisions are taken by the Government.

Article 5, paragraph 1(a): items on the agenda of the Conference. The Committee wishes to emphasize that these consultations should not only cover Government replies to the questionnaires sent out with a view to a first discussion, but also the Government's comments on the draft texts developed by the Office to serve as a basis for the second discussion.

Point (b): submission to the competent authorities of Conventions and Recommendations. On this point, the Committee indicated in its 1982 General Survey that the Convention goes beyond the obligation of submission set out in article 19 of the Constitution of the ILO, by requesting governments to consult the representative organizations before finalizing the proposals made to the competent authority in relation to the Conventions and Recommendations, which have to be submitted to that authority. An exchange of views or information held after the submission to the competent authority would not therefore fulfil the objective of the Convention.

Point (c): re-examination of unratified Conventions and of Recommendations. The Committee considers it useful to emphasize the role of tripartite consultation in this respect to promote the implementation of international labour standards and it recalls that the precise objective of this provision is to enable governments to envisage, in view of changes in national law and practice, measures which could be taken to promote the ratification of a Convention or the application of a Recommendation, to which it had not been possible to give effect at the time of their submission to the competent authority.

Point (d): reports on ratified Conventions. With reference once again to its General Survey, the Committee recalls that this provision goes beyond the obligation to communicate reports set out in article 23, paragraph 2, of the Constitution, inasmuch as it calls for consultations on the problems which may arise out of the reports to be made under article 22 of the Constitution on the application of ratified Conventions; these consultations generally concern the substance of the reply to comments by the supervisory bodies.

The Committee trusts that, in the light of these comments, the Government will provide full and detailed information on the consultations undertaken (with an indication of their precise objective), during the period covered by the next report, on each of the matters enumerated in Article 5, paragraph 1, including information on their frequency, and that it will indicate the nature of any reports or recommendations made as a result of the consultations.

Finally, the Committee would be grateful if the Government would indicate the representative organizations to which the reports are communicated (point VI of the report form) and indicate any observations received from them on the application of the Convention.

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

The Committee notes the Government's report.

It notes that the report refers only to the submission of Conventions to the competent authorities. It would be grateful if the Government would supply in its next report information on the manner in which "effective consultations" are ensured between the representatives of the Government, of employers and of workers, in accordance with Article 2 of the Convention. It requests the Government to supply the information requested in the report form on the consultations held during the period covered by the report on each of the matters set out in Article 5, paragraph 1, including information as to the frequency of such consultations (paragraph 2).

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

The Committee takes note of the Government's report and reply to its previous comment.

Article 5, paragraph 1(b), of the Convention. The Committee takes note of the information supplied by the Government in reply to its previous comment. In this connection, it recalls that, as it points out in its General Survey of 1982 on tripartite consultation, the purpose of consultations regarding the submission of Conventions and Recommendations is to enable the representative organisations to express an opinion on the usefulness of the instruments concerned before the Government adopts its own position on the subject (see paragraph 109 of the General Survey). The Committee trusts that the Government will conform to the spirit of the Convention when it holds such consultations and that, in its next report, it will provide further relevant information on the manner in which the Convention is applied in this respect.

Article 5, paragraph 1(c). The Government indicates in its report that it has not engaged in a re-examination of unratified Conventions and Recommendations to which effect has not yet been given, to consider what measures might be taken to promote their implementation and ratification, as appropriate, as provided for in this provision of the Convention. The Committee recalls (see paragraph 116 of the General Survey) that this provision aims to establish a continuous process of review of Conventions and Recommendations. The object therefore is to permit, by means of a programme spread over a period of time, a systematic re-examination, in the light of changes in national legislation and practice, of the instruments that may be relevant to the country concerned. In view of these explanations on the scope of this provision, the Committee would be grateful if the Government would continue to provide information on the current situation regarding this matter and on future developments.

Direct Request (CEACR) - adopted 1989, published 76th ILC session (1989)

With reference to its previous comment, the Committee takes note of the information concerning Article 5, paragraph 1, of the Convention, provided by the Government.

It requests the Government in its next report to provide detailed information on any consultations which have been held concerning points (b) and (c) of the above provision.