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.
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 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.
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 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).
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 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 Governing Body approves a form to be used by governments for reporting on the instruments previously selected under article 19 of the ILO Constitution for the preparation of a General Survey. This is usually done at its March session. The request for governments’ reports is usually issued by the Office in September, and governments are requested to send their reports to the Office by 28 February the following year at the latest. The relevant report form is attached to the request. It also contains questions related to the impact of the instruments covered, the prospects of ratification and needs for technical assistance.
The report forms are available in the NORMLEX database, where it is also possible to see the lists of reports requested for General Surveys in the country profiles.
Copies of the requests for reports are sent to the representative organizations of employers and workers.
