Category: Governments report on submission of new instruments

Information on submission to the competent national authorities communicated to the Office is transmitted 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 are involved in the supervision by the CAS 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 following: no indication is available on 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 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.

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.

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.