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

Labour Clauses (Public Contracts) Convention, 1949 (No. 94) - Ghana (Ratification: 1961)

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

The Committee noted the specimen of a certificate which a company tendering for a public contract must obtain as a prerequisite for the award of such contract. It certifies that the tenderer has duly informed itself from the Labour Department about all requirements and regulations affecting workmen in the country, and has no record of labour law violation, particularly as regards payment of wages, workmen's compensation and hours of work. The Committee points out, however, that the essential purpose of the insertion of labour clauses in public contracts under the Convention goes beyond the aims of the certificate system; its purpose is to eliminate the negative effects of competitive tendering on the workers' labour conditions. The Committee noted in this regard that the Government referred to the discussion of the matter by the tripartite National Advisory Committee on Labour with a view to bringing the national legislation into conformity with Articles 2 and 5 of the Convention (inclusion of labour clauses in public contracts, and application of adequate sanctions and measures to ensure the payment of wages). Recalling that the Government has been referring to its intention of changing legislation since 1991, the Committee hopes that progress will be reported in the very near future. It suggests that the Government consider consulting the International Labour Office on necessary steps to apply the Convention in this respect.

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