Direct Request (CEACR) - adopted 2024, published 113rd ILC session (2025)

Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) - Cook Islands (Ratification: 2018)

Articles 2 and 5(1). Effective tripartite consultations. The Government indicates that the tripartite consultations within the National Labour Advisory Board (NLAB) on the possible ratification of Conventions Nos 87 and 98 were postponed repeatedly due to the COVID-19 pandemic. It also explains that an agreement had been reached to conduct these consultations upon the completion of a scoping report examining compliance of the Employment Relations Act (ERA) with these instruments. The Government indicates that this report has been completed and that the NLAB will discuss the possible ratification of Conventions Nos 87 and 98 at its next meeting. In response to its previous request, the Committee notes that the Government provides a copy of the most up to date the NLAB’s Terms of Reference. While taking note of the information provided by the Government, the Committee observes that the Government has not provided specific information on the tripartite consultations held by the National Labour Advisory Board on each of the matters referred to in Article 5(1) of the Convention, including information on the frequency, content and outcome of these consultations, and therefore reiterates its request in this regard.It further requests the Government to keep it informed of any developments regarding the possible ratification of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

Article 1 of the Convention. Representative organizations. In its report, the Government indicates that there is only one trade union and one employers’ organisation in the country. It also states that the most representative organizations of employers and workers for the purpose of the Convention are the Cook Islands Chamber of Commerce and the Cook Islands Workers Association. Referring to Convention No. 87, the Government indicates that the Employment Relations Act (ERA) recognizes the formation of employees’ and employers’ associations, but has no comprehensive provisions regarding the establishment of trade unions as such. It nevertheless indicates that it does not rule out the possibility of passing additional regulations in this regard. The Government further indicates that it invites the employers’ and workers’ organizations to select and nominate the representatives to the National Labour Advisory Board (NLAB). The methods for the selection and nomination of the representatives of these organizations are left to social partners. Noting that the Employment Relations Act (ERA) does not contain provisions regarding employers’ and workers’ organization and criteria regarding their representativeness,the Committee asks the Government to keep it informed of progress made in this respect and to continue providing updated information regarding the manner in which the representatives of these organization in the NLAB are selected and nominated.

Article 3. Representation of employers and workers on an equal footing. In response to its previous request concerning NLAB’s composition, the Committee notes the Government’s indication that the Board consists of 12 members, that is three representatives nominated by the most representative employers’ organizations, three representatives nominated by the most representative workers’ organizations, and six permanent members appointed by the Minister.

Article 6. Annual report. The Government reiterates that tripartite consultations concerning the implementation of Article 6 of the Convention will be scheduled for the next meeting of the NLAB. The Committee once again requests the Government to keep it informed of any development in this respect.