Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) - Guatemala (Ratification: 1989)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the information supplied in the Government's first and second reports. It also notes that the machinery for tripartite consultations on ILO matters has not yet been established. It hopes that the envisaged committee will soon be operative. The Committee would be grateful if the Government kept it informed about any progress in this respect. It would be especially interested to receive information on the following points.

Article 2 of the Convention. Please describe how the consultations for the establishment of a Tripartite Committee on International Affairs are conducted in practice. Please also describe the procedures planned for its operation.

Articles 3 and 4. Once the Tripartite Committee on International Affairs is established, please provide the information requested in the report form under these Articles.

Article 5, paragraph 1(a) and (b). The Committee notes that the Government sends copies of reports and questionnaires to the most representative organizations of employers and workers, as well as copies of the international labour Conventions to be submitted to the competent authorities. The Committee would like to be informed whether the aforementioned reports and questionnaires concern items on the agenda of the International Labour Conference and texts to be discussed by the Conference, as foreseen under paragraph 1(a) of this provision of the Convention.

Furthermore, the Committee recalls that to ensure "effective consultations" in the meaning of Article 2 of the Convention, such consultations must be able to have an influence on the action to be taken. Therefore, the obligation to conduct consultations must be fulfilled before the proposed measures are decided upon. The Committee requests the Government to provide information on all measures adopted to ensure that reports and questionnaires are made available to the organizations of employers and workers sufficiently in advance, so that comments of these organizations may be taken into account before the final documents are sent to the ILO. The same applies to Conventions and Recommendations to be submitted to the competent authorities, which should be sent to the said organizations early enough before submission.

Article 5, paragraph 1(c) to (e). Please provide the information requested in the report form.

Article 5, paragraph 2. The Committee notes that in 1991 and 1992 no consultations were undertaken concerning the matters referred to in paragraph 1 of this Article. Please indicate how often consultations are undertaken in future, which should be at least once a year.

Article 6. The Committee notes that no annual report on the working of the procedures provided for in this Convention has been issued. Please give particulars of the consultations that have taken place with the representative organizations of employers and workers on this question.