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

Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) - Kazakhstan (Ratification: 2000)

Articles 2 and 5 of the Convention. Consultation mechanisms and tripartite consultations required by the Convention. In its previous comments, the Committee requested information concerning the content and outcome of consultations held within the National Tripartite Commission on Social Partnership (RTK), particularly with regard to items placed on the agenda of the Conference (Article 5(1)(a)), the re-examination of unratified Conventions (Article 5(1)(c)) and questions arising out of reports on the application of ratified Conventions (Article 5(1)(d)). The Committee also previously requested information on the outcome of tripartite consultations held with respect to the possible ratification of Conventions Nos 97, 102, 131, 154 and 184. The Committee notes the Government’s indication that the General Agreement for 2021-2023 was signed by the parties at the RTK meeting held on 12 March 2021. The General Agreement establishes the main areas for cooperation on employment, social protection, improvements to working conditions and pay, occupational safety and health, among others. The Government reports that the parties have agreed to consult on matters concerning the ratification of nineteen ILO Conventions, including the abovementioned instruments. The Committee further notes the Government’s explanation that examination of the question of ratifying Convention No. 102 is being set aside pending full implementation of the measures provided for in the Framework for further modernization of the pension system until 2010, adopted by Decree No. 841 of 18 June 2014. The Committee requests the Government to provide updated detailed information on the content and outcome of the consultations held within the National Tripartite Commission on Social Partnership on each of the matters related to international labour standards listed under Article 5(1) of the Convention, particularly with regard to: Conference agenda items (Article 5(1)(a)); the re-examination at appropriate intervals of unratified Conventions and Recommendations to which effect has not yet been given (Article 5(1)(c)); and questions arising out of reports to be presented on the application of ratified Conventions (Article 5(1)(d)). The Committee also requests the Government to provide information on the outcome of the tripartite consultations held with regard to the possible ratification of the abovementioned Conventions.

Article 4. Administrative support and financing of training. The Government provides information on training provided to enterprise workers on national labour legislation, in the framework of the programme on “The Social Modernization of Kazakhstan: 20 Steps to a Society of Universal Labour”.The Government indicates that, by the end of 2018, 1,544 training courses on national labour legislation had been provided to 36,848 enterprise workers through the territorial offices of the Committee for Labour, Social Protection and Migration.The Committee further notes the information provided by the Government in relation to a large number of seminars and presentations provided in 2021, aimed at explaining aspects of labour legislation to workers. Moreover, the Government indicates that the Regional Support Organization of the Federation of Trade Unions of Kazakhstan provides ongoing training for trade union members and officials to improve their legal knowledge and expertise. The Committee nevertheless notes that the activities referenced by the Government do not give effect to the provisions of Article 4 of the Convention. As the Committee noted in paragraph 123 of its 2000 General Survey on Tripartite Consultation, Article 4(1) of the Conventionrequires the competent authority to assume responsibility for the administrative support of the procedures provided for in the Convention, namely the tripartite consultations held within the RTK on international labour matters set out in Article 5(1) of the Convention.The administrative support called for under the Conventionincludes, among other elements, making meeting rooms available, correspondence and, where appropriate, the assistance of a secretariat (2000 General Survey on Tripartite Consultation, paragraph 124). In addition, Article 4 of the Convention calls for appropriate arrangements to be made “for the financing of any necessary training of participants” in the consultation procedures. The intent of this provision is “to make available appropriate training to enable participants in the procedures to perform their functions effectively” (Paragraph 3(3) of Recommendation No. 152. The Committee therefore once again requests that the Government provide information on the manner in which administrative support is provided for the procedures laid down in the Convention, as well as on arrangements made for the financing of any necessary training of participants in the consultative procedures on international labour matters required by the Convention.

Article 5(1)(b). Prior tripartite consultations on proposals made to Parliament. The Committee once again refers to its repeated comments since 2010 in relation to the Government’s constitutional obligation of submission, in which it has continued to urge the Government and the social partners to examine the measures to be taken with a view to holding effective consultations on proposals made to Parliament when submitting the instruments adopted by the Conference since 1993. The Committee notes that there are currently 38 instruments adopted by the Conference between 1993 and 2019 that are pending submission. The Committee notes that the Government does not provide information on the measures taken to ensure effective consultations in relation to these instruments. The Committee once again recalls that prior effective tripartite consultations must be held with the representative organizations on the nature of the proposals to be made to Parliament when submitting ILO instruments adopted by the Conference (2000 General Survey on Tripartite Consultation, paragraph 85). The Committee once again draws the Government’s attention to its previous comments on the constitutional obligation of submission. It urges the Government to take steps without delay to examine, together with the social partners, the measures to be taken in order to ensure prior effective consultations on the proposals made to Parliament when submitting the 38 instruments adopted by the Conference between 1993 and 2019.