Caso de incumplimiento grave (CAS) - Discusión: 2010, Publicación: 99ª reunión CIT (2010)

Santa Lucía

Part Two

Observations and information concerning particular countries

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II. Submission to the competent authorities of the Conventions and Recommendations adopted by the International Labour Conference (article 19 of the Constitution)

Observations and information

(a) Failure to submit instruments to the competent authorities

A Government member of Uganda acknowledged the importance of the constitutional obligation to submit international labour standards to the competent authorities. A Committee had been set up at the national level to identify the instruments that had not yet been submitted, and was currently compiling the instruments for onward transmission to the Parliament of Uganda.

A Government representative of Zambia acknowledged the comments of the Committee of Experts concerning the failure to submit to the competent authorities 27 instruments adopted between 1996 and 2007. The instruments had been submitted to the Government through the Cabinet. She pledged that her country would endeavour to adhere to this constitutional obligation and inform the National Assembly on the instruments adopted by the Conference in due course.

A Government representative of Mozambique reaffirmed his Government's commitment to the principles enshrined in the ILO Constitution and its willingness to fulfil all its constitutional obligations. He requested technical assistance from the ILO in order to fully achieve those aims. He reported that, as of 2009, the country had restarted the process of submitting the standards adopted by the ILO to the competent authorities, a process that would be completed shortly.

A Government representative of Kenya expressed regret about his Government's inability to submit the relevant instruments to the competent authorities due to lack of capacity, restructural changes in the Ministry and logistical and administrative issues. All efforts were being made to initiate the submission procedure at the earliest. The instruments would be submitted to the competent authorities as soon as the deliberations of the National Labour Board on the subject had been concluded. He finally requested ILO technical assistance as regards reporting obligations.

A Government representative of Chile reported that his country's new Government had undertaken to examine the situation highlighted by the Committee of Experts with regard to submission obligations and that it would provide the ILO with information on steps taken in that regard.

A Government representative of the Central African Republic stated that there had been a problem of interpretation for some time concerning the concept of "competent authorities". However, thanks to explanations provided by the Office, that term was understood, and measures would be taken to ensure that instruments would be submitted to Parliament within two years following their adoption. In addition, the National Assembly had been discussing since October 2008 instruments adopted during the past 20 sessions of the International Labour Conference, but the Office had not been informed. The speaker stressed the importance of the technical assistance provided by the Office in training government officials responsible for international labour standards concerning requirements for submission.

A Government representative of Cambodia informed the Conference Committee that progress had been achieved in complying with the submission obligation. All instruments to be submitted to the competent authorities had been translated into Khmer with ILO technical assistance. Technical assistance remained crucial to ensure rapid transmission to the legislative body.

A Government representative of Sudan indicated his country's previous commitment to submit the instruments adopted by the Conference to the National Assembly. The work of the National Assembly had been delayed for some time, and the Assembly had even been dissolved, due to which the respective instruments had not been submitted, as the situation had changed and a new Assembly had been elected in the previous April. Subsequently, the instruments adopted by the Conference would likely be submitted to the National Assembly in July 2010. The ILO would be informed thereof. The speaker indicated hope that the Conference Committee would understand this exceptional situation.

A Government representative of the Libyan Arab Jamahiriya said that all instruments adopted between 1990 and 2001 had been submitted to the competent authorities for consideration, to verify that they were in conformity with national legislation. The instruments would be examined by popular conferences and the ILO would be informed when the process had been completed.

A Government representative of Bahrain stated that the Ministry of Labour had been informed of the comments of the Committee of Experts concerning the obligation to submit and that the Ministry had confirmed to submit the instruments adopted between 2000 and 2007 to Parliament.

A Government representative of Ghana apologized for his country's failure to comply with the submission obligation, which was owed to a high turnover at the Ministry of Labour in recent years. The submission procedure would be completed within the next few weeks. Technical assistance would be required for capacity building of officials responsible for ILO-related issues.

The Worker members underlined that the translation of newly adopted instruments into national language constituted a good practice, as it facilitated their submission to the competent authorities. They also drew the Committee's attention to relevant paragraphs of the report of the Committee of Experts.

The Committee took note of the information provided and of the explanations given by the Government representatives who had taken the floor.

The Committee took note of the specific difficulties mentioned by different speakers in complying with this constitutional obligation, as well as the promises to submit shortly to parliaments the instruments adopted by the Conference.

As had been done by the Committee of Experts, the Committee expressed great concern at the failure to respect the obligation to submit Conventions, Recommendations and Protocols to national competent authorities. Compliance with the obligation to submit means the submission of the instruments adopted by the Conference to national parliaments is a requirement of the highest importance in ensuring the effectiveness of the Organization's standards-related activities. The Committee recalled in this regard that the Office could provide technical assistance to contribute to compliance with this obligation.

The Committee expressed the firm hope that the 42 countries mentioned, namely Antigua and Barbuda, Bahrain, Bangladesh, Belize, Cambodia, Cape Verde, Central African Republic, Chile, Comoros, Congo, Côte d'Ivoire, Democratic Republic of the Congo, Djibouti, Dominica, Equatorial Guinea, Georgia, Ghana, Guinea, Haiti, Ireland, Kenya, Kiribati, Lao People's Democratic Republic, Libyan Arab Jamahiriya, Mozambique, Papua New Guinea, Rwanda, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Seychelles, Sierra Leone, Solomon Islands, Somalia, Sudan, Tajikistan, The former Yugoslav Republic of Macedonia, Turkmenistan, Uganda, Uzbekistan, Bolivarian Republic of Venezuela and Zambia would transmit in the near future information on the submission of Conventions, Recommendations and Protocols to the competent authorities. The Committee decided to mention all these cases in the corresponding paragraph of the General Report.

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