Demande directe (CEACR) - adoptée 2024, publiée 113ème session CIT (2025)

Convention (n° 144) sur les consultations tripartites relatives aux normes internationales du travail, 1976 - Congo (Ratification: 1999)

Articles 2 and 5(1) of the Convention. Effective tripartite consultations. The Committee notes that the Government has not provided the detailed information requested previously and merely indicates that it has revived the Technical Advisory Committee on international labour standards, which was established by Order No. 788 of 6 September 1999 and meets at least once a year to prepare and examine: (i) government replies to questionnaires concerning items on the agenda of the International Labour Conference and government comments on proposed texts to be discussed by the Conference; (ii) the proposals to be made to the competent authorities in connection with the submission of Conventions, Recommendations and Protocols pursuant to article 19 of the ILO Constitution; (iii) the re-examination of unratified Conventions and of Recommendations to which effect has not yet been given; (iv) questions arising out of reports to be made to the Office under article 22 of the ILO Constitution; and (v) proposals for the denunciation of ratified Conventions. The Government indicates that the work of the Technical Advisory Committee on international labour standards is the subject of a record and an annual report but has not supplied copies of these documents. With reference to its 2023 comment on submission to the competent authorities, the Committee also notes the ratification of the following instruments on 26 October 2023: the Migration for Employment Convention (Revised), 1949 (No. 97); the Labour Inspection (Agriculture) Convention, 1969 (No. 129); the Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143); the Labour Relations (Public Service) Convention, 1978 (No. 151); the Occupational Safety and Health Convention, 1981 (No. 155); the Collective Bargaining Convention, 1981 (No. 154); and the Maintenance of Social Security Rights Convention, 1982 (No. 157). In this regard, the Committee notes the Government’s indication that the social partners have been informed of these ratifications and welcome them. The Government also indicates that it has pledged to examine the ratification of the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187). In the context of the revival of the above-mentioned Technical Advisory Committee, the Committee recalls that, under the terms of Article 2 of the Convention, the effective tripartite consultation procedures required by the Convention must take place before final decisions are taken, irrespective of the nature or form of the procedures adopted. The effectiveness of consultations thus presupposes in practice that employers’ and workers’ representatives have all the necessary information far enough in advance to formulate their own opinions and are able to put forward their opinions before the government takes its final decision (see General Survey of 2000 on tripartite consultation, paragraph 31). In view of the foregoing, the Committee once again requests the Government to provide detailed information on the consultations held on all the matters referred to in Article 5(1) of the Convention, indicating their content, frequency and outcome. In particular, the Committee requests the Government to send any record of the meetings of the Technical Advisory Committee on international labour standards and any annual report on its activities.

Article 4(2). Training. In its previous comments, the Committee noted the Government’s indication that it would send a document reporting on the operation of the various tripartite dialogue bodies with an eye to the training of participants. The Committee notes that the Government has not provided this document and merely indicates that it is preparing reports on the application of the Convention before sending them to the social partners, who can then send their observations to the Government. The Committee emphasizes that, under the terms of Article 4(2) of the Convention, appropriate arrangements must be made with the representative organizations for the financing of any necessary training of participants in the consultation procedures required by the Convention, so that they can perform their duties effectively. The Committee therefore once again requests the Government to provide detailed information on the arrangements made or envisaged for the financing of any necessary training of participants in the consultation procedures.