Author: marco@vg59.it

Governments’ reporting on submission is regularly supervised by the CEACR and the CAS.

Information on submission sent by governments is received by the CEACR, which supervises compliance by member States with this obligation. Information on governments’ submission of ILS to the competent authorities, their failure to submit and/or failure to report on submission is contained in the CEACR report which is available on the ILO website. Appendices IV, V and VI provide details on compliance with this Constitutional obligation. All  CEACR comments on submission can be found in NORMLEX.

The CAS takes up for discussion the most serious cases of failure to respect reporting and other standards-related obligations, including those on submission to the competent national authorities. Governments concerned are invited to provide information and to explain the delays in submission at a dedicated sitting. The CAS discussions and related conclusions are available on the ILO website.

 

Workers and their organizations participate in the supervision of the obligation to submit newly adopted ILS.

Information on submission to the competent national authorities communicated to the Office is transmitted by the government to the representative organizations of employers and workers, as required by article 23, paragraph 2, of the ILO Constitution. This fact – together with the names of the representative organizations of employers and workers to which the information has been transmitted and any observations received from them as to the effect given or to be given to the instruments submitted – should also be communicated by the government to the Office. This information is requested in the questionnaire included in the Memorandum of the Governing Body. Part VIII of the Memorandum and points VI and XI of the questionnaire are particularly relevant.

Employers, workers and their organizations participate in the supervision by the CAS of the compliance of the obligation to submit new instruments adopted by the International Labour Conference, when the “cases of serious failure by member States to respect their reporting and other standards-related obligations” under the ILO Constitution are discussed. The CAS identifies the cases for discussion on the basis of various criteria, including the absence of any indication as to whether steps have been taken to submit the instruments adopted during the last seven sessions of the International Labour Conference to the competent authorities, in accordance with article 19 of the ILO Constitution.

Information on submission must be reported between 12 and 18 months following the adoption of new ILS.

Within the limits set by article 19 of the ILO Constitution, governments send information on submission to the Office (NORM_REPORT@ilo.org) using the questionnaire provided for the purpose of obtaining information on the measures taken, which is available at the end of the Memorandum on submission. Governments are expected to send copies of the communication to the representative organizations of employers and workers, as prescribed by article 23, paragraph 2, of the ILO Constitution.

According to the established practice, when it receives information on submission of instruments to the competent authorities, the Office checks if the relevant information and documents have been supplied, including replies to any comments of the CEACR or observations of the CAS on submission. If not, it will ask the government concerned to send what is missing. The substance of the information provided is examined by the relevant supervisory bodies.

 

 

The Employers’ group provides its views in selecting the subject.

The Employers’ group in the Governing Body provides its views in the selection of Conventions and Recommendations for the preparation of an annual General Survey by the CEACR.

In accordance with the established practice, proposals are coordinated with other ILO processes, such as annual recurrent discussions in the International Labour Conference, by virtue of the follow-up to the ILO Declaration on Social Justice for a Fair Globalization (2008), of ILO strategic objectives, namely: fundamental principles and rights at work; employment; social protection; and social dialogue and tripartism.

Governments are involved in selecting the subject.

In accordance with the established practice, the Office consults informally with constituents to determine subject areas on which they would like to see information from member States under article 19 of the ILO Constitution. Governments are interested, for example, in better understanding the content of instruments and relevant national practices in other countries. Proposals are coordinated with other processes, such as annual recurrent discussions in the International Labour Conference, by virtue of the follow-up to the ILO Declaration on Social Justice for a Fair Globalization (2008), of ILO strategic objectives, namely: fundamental principles and rights at work; employment; social protection; and social dialogue and tripartism. Proposals before the Governing Body are available on the ILO website.

The Workers’ group provides its views in selecting the subject.

The Workers’ group in the Governing Body provides its views in the selection of Conventions and Recommendations for the preparation of an annual General Survey by the CEACR.

In accordance with the established practice, proposals are coordinated with other ILO processes, such as annual recurrent discussions in the International Labour Conference, by virtue of the follow-up to the ILO Declaration on Social Justice for a Fair Globalization (2008), of ILO strategic objectives, namely: fundamental principles and rights at work; employment; social protection; and social dialogue and tripartism.

The Governing Body calls on member States to consider measures they take to implement Conventions they have not ratified and Recommendations.

Article 19, paragraphs 5-7, of the ILO Constitution authorizes the Governing Body to ask member States to report about the position of their law and practice in regard to the matters dealt with in unratified Conventions and in Recommendations. Member States are asked to show the extent to which effect has been given or is proposed to be given to any provisions of the selected instrument(s). In practice, a set of instruments on a particular subject matter is often selected by the Governing Body for reporting each year.

Reports – and the subsequent “General Survey” synthesizing and analysing the contents of these reports which is prepared by the CEACR – are helpful to promote ratification, induce countries to take a look at where they stand in relation to the ratification and implementation of instruments, including by giving effect to their contents even in the absence of ratification (also to provide due recognition of efforts undertaken), guide the implementation of the instruments, and evaluate the impact and relevance of ILS.

More information on General Surveys, which allow to clarify the scope of the instruments, to analyse the difficulties indicated by governments as impeding their application or ratification, and to identify means of overcoming these difficulties, is available in the “Finding Aid on General Surveys” of the ILO library.
The Governing Body usually makes its selection of instruments at its meeting in October/November, on the following basis:

  • only a small number of instruments on a subject matter are selected to enable an in-depth examination of the selected instruments and not to overburden national administrations which have to prepare the reports; and
  • the subjects chosen are of current interest.

Employers’ organizations consider options.

The implementation of ILS affects employers directly. Through it, employers’ organizations have the opportunity to call for improvements of national regulations and practices. Employers’ organizations thus often assign high importance to their participation in the preparation of reports under article 19 of the ILO Constitution.

In relation to the selected instruments, employers’ organizations may also send their observations on the state of legislation and practice directly to the Office no later than 30 June each year. They are encouraged to do so by email (ORGS-CEACR@ilo.org).

 

Governments thoroughly consider policy, legislation and practice in the area involved.

Preparation of a report under article 19 of the ILO Constitution affords governments the opportunity to consider closely their policies, laws and practices in relation to the selected instruments. Governments will consult with the representative organizations of employers and workers as recommended in Paragraph 5(e) of the Tripartite Consultation (Activities of the International Labour Organisation) Recommendation, 1976 (No. 152). Where a country has ratified the Convention(s) selected for the preparation of a General Survey, it will only provide information on the extent to which effect has been given to the Recommendation(s) that have been selected. The relevant report form normally indicates that it is not necessary to repeat information already provided in reports under article 22 of the ILO Constitution in connection with the ratified Convention(s).

Governments are expected to send copies of the report to the representative organizations of employers and workers, as required by article 23, paragraph 2, of the ILO Constitution, as well as to the Office (NORM_REPORT@ilo.org), in good time to meet the established due date.

The CEACR monitors compliance by ILO member States with the obligation to report on unratified Conventions and on Recommendations in its annual report, which is available in the ILO website.

The CAS takes up for discussion the cases of serious failure to respect reporting obligations, including those under article 19 of the ILO Constitution. Its discussions and related conclusions are available in the CAS report on the ILO website.

Workers’ organizations often promote implementation and ratification.

The implementation of ILS affects workers directly. Through it, workers’ organizations have the opportunity to call for improvements of rights and conditions at work. Workers’ organizations thus assign high importance to their participation in the preparation of reports under article 19 of the ILO Constitution.

In relation to the selected instruments, workers’ organizations may also send their observations on the state of legislation and practice directly to the Office no later than 30 June each year. They are encouraged to do so by email (ORGS-CEACR@ilo.org).

 

The ILO supervisory system: A GUIDE FOR CONSTITUENTS

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