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Category: Article 19

With reports on new ILS, on unratified Conventions and on Recommendations

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.