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

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

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

Article 5 of the Convention. Effective tripartite consultations. The Committee notes that the Government once again indicates that it has informed the social partners of the questionnaires on the issues included in the agenda of the International Labour Conference, the replies to the questionnaires under article 19 of the ILO Constitution and the reports on ratified Conventions under article 22 of the ILO Constitution. In this respect, the Committee once more reminds the Government that “… to fulfil their obligations under this provision of the Convention, it is not sufficient for governments to communicate to employers’ and workers’ organizations copies of the reports that they send to the Office, since any comments that these organizations may subsequently transmit to the Office on these reports cannot replace the consultation which have to be held during the preparation of the reports” (2000 General Survey on tripartite consultation, paragraph 92). The Committee highlights that consultation of the most representative employers’ and workers’ organizations implies the active participation of the organizations in the formulation and communication of their respective views. The Committee therefore requests the Government to provide detailed and updated information on the frequency, content and results of the tripartite consultations held on all questions related to international labour standards covered by Article 5(1)(a)-(e) of the Convention, in particular those related to the items included on the agenda of the Conference (Article 5(1)(a)); the submission of instruments adopted by the Conference (Article 5(1)(b)); the examination of unratified Conventions (Article 5(1)(c)); the reports that must be made on the application of ratified Conventions (Article 5(1)(d)); and the proposals for the denunciation of ratified Conventions (Article 5(1)(e)).Moreover, the Committee requests the Government to take measures to promote the active participation of the social partners in the tripartite consultations.

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