Solicitud directa (CEACR) - Adopción: 2023, Publicación: 112ª reunión CIT (2024)

Convenio sobre la consulta tripartita (normas internacionales del trabajo), 1976 (núm. 144) - Argentina (Ratificación : 1987)

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The Committee notes the observations of the General Confederation of Labour of the Argentine Republic (CGT RA) and of the Confederation of Workers of Argentina (CTA Autonomous), received on 1 September 2023. The Committee also notes the observations of the Industrial Confederation of Argentina (UIA), received on 25 August 2023 and 1 September 2023. The UIA refers to the letter dated 14 July 2023 sent by the Government to the ILO Director-General, supporting the request from the Workers’ Group to place an item on the agenda of the 349th Session of the Governing Body (October–November 2023) concerning an urgent discussion and decision on referring the interpretation of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), regarding the right to strike to the International Court of Justice (ICJ). In this regard, the UIA expresses deep concern at the fact that the Government did not hold effective consultations with the social partners on this vital question before sending its letter. The UIA underlines the fact that non-observance of the Convention by the Government undermined its impact as the most representative employers’ organization and obstructs tripartism in the country. The Committee requests the Government to provide its comments in this respect.

Article 2 of the Convention. Adequate procedures. The Committee notes with interest that on 3 October 2023 the Standards Subcommittee of the Committee on Social Dialogue (the Subcommittee) was relaunched. The Government indicates that the CFT, CTA Workers and CTA Autonomous, for the workers, and the UIA, for the employers, participated in the relaunch. The purpose of the Subcommittee is to streamline procedures for consultations, exchanges and, potentially, the joint resolution at national level of all issues relating to the standard-setting dimension of the ILO, including cases on freedom of association. The Government indicates that on 18 October 2023 the second meeting of the Subcommittee was held with the aim of identifying the freedom of association cases before the ILO Committee on Freedom of Association which could be dealt with in the context of the Subcommittee. The Committee notes, from the minutes of the above-mentioned meeting, that the representative of the Ministry of Labour, Employment and Social Security (Ministry of Labour-MTESS) stated that the Subcommittee embodies good practice and stakeholders in the world of work are not constrained to submit issues to the national body for prior treatment to be able to present their submissions or complaints to the ILO. The Government also indicates that draft internal regulations for the Subcommittee were discussed, and these were subsequently approved by all stakeholders. In this regard, the Government indicates that it is planned for the Subcommittee to meet on a monthly basis and for an annual report on its activities to be produced.

The Committee also notes the setting up of the Economic and Social Council (CES) on 28 February 2021 pursuant to Decree 124/2021. The CES is a collegiate body with civic participation comprising representatives of the workers and of the employers, and also of academic and scientific circles in civic society. The Committee notes that its objectives include: (i) providing support to the President of the Republic by performing analysis and making any recommendations requested on government programmes and draft strategic legislation; (ii) opening a forum for dialogue and cooperation among the various economic and social sectors in the country; and (iii) creating broad consensus on strategic priorities for inclusive national development. The Government states that in August 2023 the members of the CES presented a bill to the Executive Authority with a view to making progress on the formalization and institutionalization of the CES.

The Committee also notes that the CTA Autonomous indicates that the Committee on Social Dialogue regarding the Future of Work set up in 2019 to discuss three areas – standard-setting, public policies and particular ILO cases – is at a standstill, despite the fact that it has not been formally deactivated. The CTA Autonomous also maintains that the Government continues to deny it full recognition and treats it in a discriminatory manner by comparison with other trade unions, showing reluctance to invite it to various tripartite forums. By way of example, the CTA Autonomous claims that in 2021 it was not invited to a meeting of the National Council for Employment, Productivity and the Minimum Adjustable Living Wage (National Council for Employment), at which an increase in the said wage was approved. The Committee requests the Government to continue providing information on the tripartite consultations held in the Standards Subcommittee of the Committee on Social Dialogue and other bodies, including the Committee on Social Dialogue regarding the Future of Work, on the matters referred to in Article 5(1) of the Convention. The Committee also requests the Government to send a copy of the internal regulations of the Standards Subcommittee and a copy of the annual reports on its activities, in accordance with Article 6 of the Convention.

Article 5(1). Effective tripartite consultations. The Committee notes the Government’s indication that the period covered by the report was characterized by intense tripartite activity relating to the matters covered by the Convention, in the context of the Committee on Social Dialogue and the Committee for Tripartite Consultation regarding the Application of International Labour Standards. In this regard, the Government indicates that the social partners were consulted on: (i) the subjects placed on the agenda of the International Labour Conference in 2021, 2022 and 2023, and the workers’ and employers’ proposals for the appointment of their representatives to make up the delegations which would participate in the meetings of the Conference; (ii) the submission of the Seafarers’ Identity Documents Convention (Revised), 2003, as amended (No. 185); (iii) the reports sent to the Office on unratified and ratified Conventions under article 19 and article 22 of the ILO Constitution, inviting the social partners to send their contributions to them in writing; and (iv) the ratification of the Employment Policy Convention, 1964 (No. 122) in the context of a tripartite meeting which took place on 12 July 2023 and at which representatives of the Ministry of Labour, CTA Workers, CTA Autonomous and UIA reached a consensus on the ratification of the aforementioned Convention. The Committee also notes that the Government refers to the holding of consultations in the context of, inter alia, the National Council for Employment and the Standing Advisory Committee established by the Occupational Risks Act. The social partners also participated in regional meetings convened by the social and labour bodies of the Southern Common Market (MERCOSUR). The Committee further notes the indication by the CGT RA that although tripartite consultations are held in various national bodies on a wide range of matters related to employment and conditions of work, it regrets the fact that the consultation system is blatantly contradicted by certain acts of violence against workers which have taken place at provincial level on account of a constitutional reform. The Committee notes that the UIA in its observations underlines the work done by the Directorate of International Affairs at the Ministry of Labour, in relation to discharging its mandate to guarantee tripartism through invitations to attend discussions of issues relating to international instruments and the ILO standards review mechanism (SRM). The Committee requests the Government to continue providing up-to-date information on the content and outcome of the tripartite consultations held on all the matters relating to international labour standards covered by the Convention. In view of the lack of information in this regard in the Government’s report, the Committee once again requests the Government to indicate the manner in which the views expressed by the representative organizations of workers and employers on the operation of the consultation procedures required by the Convention are taken into account, including the views expressed by the UIA in its observations.