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

Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) - Japan (Ratification: 2002)

The Committee notes the observations of the Japanese Trade Union Confederation (JTUC–RENGO), which were received together with the Government’s report, as well as the observations of the National Confederation of Trade Unions (ZENROREN), received on 31 August 2021. The Committee requests the Government to provide its comments in this respect.

Article 5(1) of the Convention. Effective tripartite consultations. The Committee takes note of the detailed information provided by the Government on the tripartite meetings which took place between June 2018 and May 2021 in the tripartite ILO Panel on the matters covered by the Convention. It notes that tripartite consultations were held regarding the preparation of reports on the application of ratified Conventions for 2018 and 2019. With respect to consultations on unratified Conventions, the Government reports that tripartite discussions were held in 2018, 2019 and 2020 to consider the possibility of ratifying the Abolition of Forced Labour Convention, 1957 (No. 105), the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), the Occupational Safety and Health Convention, 1981 (No. 155) and the Domestic Workers Convention, 2011 (No. 189). The Committee notes with interest the information provided by JTUC–RENGO in its observations, indicating that legislation for the ratification of Convention No. 105, a fundamental Convention, was adopted on 9 June 2021. JTUC–RENGO further observes that the Government should continue to make vigorous efforts, including continuing to hold tripartite discussions within the tripartite ILO Panel with the aim of ratifying Convention No. 111. JTUC–RENGO also indicates that a new Fifth Basic Plan for Gender Equality was adopted on 25 December 2020, to replace the Fourth Basic Plan, which had expired. JTUC–RENGO informs that, in addition to Convention No. 111, the Part-Time Work Convention, 1994 (No. 175), the Maternity Protection Convention, 2000 (No. 183) and Convention No. 189. The Basic Plan expressly refers to the Violence and Harassment Convention, 2019 (No. 190) and provides that specific measures will be implemented. The Basic Plan also stipulates that sustained efforts will be made to pursue the ratification of other Conventions that are closely related to gender equality, although the structures for implementation of specific measures, including participation by workers' and employers' organizations, remain unclear. In the context of the Committee’s prior comments regarding the improvement of tripartite consultations, ZENROREN observes that the transparency of tripartite consultation procedures is not ensured, as it was recently announced that the proceedings and the minutes of the ILO Panel would not be published and only a summary would be made public. ZENROREN adds that the present system of consultation, which allows only particular workers’ and employers’ organizations, does not meet the requirements of the Convention. The Committee further notes that, according to JTUC–RENGO, it is difficult to state that the current operational method of the ILO Panel is in conformity with the direction pursued by the Basic Plan, as no more than two unratified Conventions may be proposed by the social partners for discussion. JTUC–RENGO considers that the Government should consider establishing other forums for tripartite discussion regarding ILO Conventions relating to gender equality and other issues. The Committee requests the Government to continue to report on the measures taken to improve tripartite consultations on international labour standards as required under the Convention and to provide detailed information on the content and outcome of the consultations on all of the matters listed in Article 5(1) of the Convention, including consultations held to re-examine the prospects of ratification of unratified ILO Conventions, in particular Conventions Nos 111, 175, 183, 189 and 190 (Article 5(1)(c)). The Committee also requests the Government to provide information on any developments relating to the possible ratification of Convention No. 105.

In the context of the global COVID-19 pandemic, the Committee recalls the comprehensive guidance provided by international labour standards. It encourages member States to engage in tripartite consultation and social dialogue more broadly as a solid foundation for developing and implementing effective responses to the profound socio-economic impacts of the pandemic. The Committee invites the Government to provide updated information in its next report on measures taken in this respect, in accordance with Article 4 of the Convention and Paragraphs 3 and 4 of Recommendation No. 152, including with regard to steps taken to build the capacity of the tripartite constituents and strengthen mechanisms and procedures, as well as challenges and good practices identified.