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Category: Governments prepare and send reports

Employers’ organizations can make observations on the way ratified Conventions are being applied.

Written by adminvg59 on . Posted in Article 22, Governments prepare and send reports, Regular Supervision.

Under article 23, paragraph 2, of the ILO Constitution member States have the obligation to communicate to the representative organizations of employers and workers copies of the reports supplied to the Office. This obligation is intended to enable employers‘ and workers’ organizations to participate fully in the supervision of the application of ILS. Employers’ and workers’ organizations may make observations on the subject matter of the reports and on compliance with the obligations arising from ratified Conventions. Click to see a checklist tool helping social partners decide how they will participate.

In some cases, governments transmit the observations made by employers’ and workers’ organizations with their reports, sometimes adding their own comments. However, in the majority of cases, observations from employers’ and workers’ organizations are sent directly to the Office which, in accordance with the established practice, transmits them to the governments concerned for comment, so as to ensure respect for due process.

Observations from employers’ and workers’ organizations sent directly to the Office should clearly indicate the intention to submit observations to the CEACR and should be signed. They should reach the Office no later than 1 September each year. Organizations are encouraged to send their observations by email (ORGS-CEACR@ilo.org).

For reasons of transparency, the CEACR keeps record in its annual report of observations by employers’ and workers’ organizations. Appendix III to its report lists all observations received from them on the application of ratified Conventions. It is also possible to see the list of “Observations made by employers’ and workers’ organizations (Art. 23)” in each country, in the NORMLEX database with country profiles.

Number of observations received from employers’ organizations by year (since 2009)

How the CEACR treats observations on ratified Conventions made by employers’ and workers’ organizations

The CEACR systematically recalls that the contribution by employers’ and workers’ organizations is essential for its evaluation of the application of Conventions in national law and in practice and, in the context of the regular review of its working methods, has adopted a practice for treating observations from both employers’ and workers’ organizations.

Where the CEACR finds that the observations are not within the scope of the Convention or do not contain information that would add value to its examination of the application of the Convention, it will not refer to them in its comments. Otherwise, the observations received from these organizations may be considered in a comment, taking the form of an observation or a direct request, as appropriate.

In a reporting year

When observations are not provided with the government’s report, they should be received by the Office by 1 September at the latest, so as to allow the government concerned to have a reasonable time to respond, thereby enabling the CEACR to examine the issues raised at its session the same year. When observations are received after, they would not be examined in substance in the absence of a reply from the government, except in exceptional cases, which are cases as those where the allegations are sufficiently substantiated and there is an urgent need to address the situation, whether because they refer to matters of life and death or to fundamental human rights or because any delay may cause irreparable harm. In addition, observations referring to legislative proposals or draft laws may also be examined by the CEACR in the absence of a reply from the government, where this may be of assistance for the country at the drafting stage.

Outside of a reporting year

When observations simply repeat those made in previous years, or refer to matters already raised by the CEACR, they will be examined in the year when the government’s report is due, in accordance with the regular reporting cycle. In this case, a report will not be requested from the government outside of that cycle. However, where the observations meet the above-mentioned criteria of exceptional cases the CEACR will examine them in the year in which they are received, even in the absence of a reply from the government concerned.

Furthermore, where the observations on a technical Convention meet the criteria set out below, the CEACR will review the application outside of a reporting year. The criteria are:

  • the seriousness of the problem and its adverse impact on the application of the Convention;
  • the persistence of the problem; and
  • the relevance and scope of the government’s response in its reports or the absence of response to the issues raised by the CEACR, including cases of clear and repeated refusal on the part of a State to comply with its obligations.

The CEACR will therefore request the Office to issue a notification to the government that the observations received on a technical Convention will be examined at its subsequent session with or without a response from the government. This would ensure that the government has sufficient notice while ensuring that the examination of matters of importance are not further delayed

Governments provide reports requested by the Office on ratified Conventions. Reports are detailed or simplified.

Written by adminvg59 on . Posted in Article 22, Governments prepare and send reports, Regular Supervision.

Governments’ very first reports on newly ratified Conventions need to be detailed. They need to respond to each and every question of a report form specifically developed for the particular Convention and approved by the Governing Body. The report forms set out the substantive provisions of the Conventions on which information has to be provided, and include specific questions as to some provisions. A general commentary on the structure and content of these report forms is available to the ILO constituents. Subsequent reports are simplified, providing information on any changes made to laws and practices in applying the ratified Convention. In order to further clarify the distinction between the two types of reports, and with a view to facilitating their submission, the Governing Body has recently approved a report form for simplified reports. Click to see the new report form for simplified reports.

All reports, whether detailed or simplified, need to:

  • indicate the employers’ and workers’ organizations to which copies of the reports have been addressed, as required by article 23, paragraph 2, of the ILO Constitution;
  • include the text of any observations made by employers’ and workers’ organizations, where these observations have not already been forwarded to the Office;
  • include any comments that the government wishes to make on the observations received; and
  • respond to any comments made by the supervisory bodies on the application of the Convention concerned.

The reports requested from each country from year to year are listed in the NORMLEX database, along with CEACR comments to which replies have to be provided.

Detailed reports also need to be provided where they are explicitly requested by the supervisory bodies or, at the initiative of the member State, if there have been significant changes in the application of a ratified Convention, such as the adoption of substantial new legislation.

All reports on ratified Conventions have to reach the Office each year between 1 June and 1 September at the latest. Governments are encouraged to send them by email (NORM_REPORT@ilo.org) and can submit them in batches.

When it receives governments’ reports, the Office checks to see whether they contain information and documents in reply to any comments of the CEACR or conclusions of the CAS. If they do not, without entering into the substance of the matter, the Office will draw the attention of the government concerned to the need for a reply. The Office also writes to governments concerned when reports are not accompanied by copies of relevant legislation, statistics or other documentation at issue and these are not otherwise available, and asks them to send such documentation. Reminders are sent to governments which do not transmit their reports on time.

Furthermore, according to a recently established practice, the CEACR issues “urgent appeals” to governments using the following criteria:

  • failure to send reports for the third consecutive year;
  • failure to reply to serious and urgent observations from employers’ and workers’ organizations for more than two years; and
  • failure to reply to repetitions relating to draft legislation when developments have intervened.

As a result, repetitions of previous comments will be limited to a maximum of three years, following which the Convention’s application will be examined in substance by the CEACR on the basis of publicly available information, even if the government has not sent a report, thus ensuring a review of the application of ratified Conventions at least once within the regular reporting cycle.

Click to see a flowchart tool and a checklist tool which can help governments with the reporting obligation under article 22 of the ILO Constitution, including when they need to follow up on conclusions of the CAS concerning Conventions they have ratified.

In the context of the Standards Initiative, the Governing Body has recently requested the Office to implement a pilot project for the establishment of baseline reports on the Promotional Framework or Occupational Safety and Health Convention, 2006 (No. 187), and a few other technical Conventions. This project aims, among other things, to facilitate the fulfilment of reporting obligations by member States and to achieve gains in terms of effectiveness, quality and efficiency.

Workers’ organizations can make observations on the way ratified Conventions are being applied.

Written by adminvg59 on . Posted in Article 22, Governments prepare and send reports, Regular Supervision.

Under article 23, paragraph 2, of the ILO Constitution member States have the obligation to communicate to the representative organizations of employers and workers copies of the reports supplied to the Office. This obligation is intended to enable employers’ and workers’ organizations to participate fully in the supervision of the application of ILS. Employers’ and workers’ organizations may make observations on the subject matter of the reports and on compliance with the obligations arising from ratified Conventions. Click to see a checklist tool helping social partners decide how to participate.

In some cases, governments transmit the observations made by employers’ and workers’ organizations with their reports, sometimes adding their own comments. However, in the majority of cases, observations from employers’ and workers’ organizations are sent directly to the Office which, in accordance with the established practice, transmits them to the governments concerned for comments, so as to ensure respect for due process.

Observations from employers’ and workers’ organizations sent directly to the Office should clearly indicate the intention to submit observations to the CEACR and should be signed. They should reach the Office no later than 1 September each year. Organizations are encouraged to send their observations by email (ORGS-CEACR@ilo.org).

For reasons of transparency, the CEACR keeps record in its annual report of observations by employers’ and workers’ organizations. Appendix III to its report lists all observations received from them on the application of ratified Conventions. It is also possible to see the list of “Observations made by employers’ and workers’ organizations (Art. 23)” in each country, in the NORMLEX database with country profiles.

Number of observations received from workers’ organizations by year (since 2009)

How the CEACR treats observations on ratified Conventions made by employers’ and workers’ organizations

The CEACR systematically recalls that the contribution by employers’ and workers’ organizations is essential for its evaluation of the application of Conventions in national law and in practice and, in the context of the regular review of its working methods, has adopted a practice for treating observations from both employers’ and workers’ organizations.

Where the CEACR finds that the observations are not within the scope of the Convention or do not contain information that would add value to its examination of the application of the Convention, it will not refer to them in its comments. Otherwise, the observations received from these organizations may be considered in a comment, taking the form of an observation or a direct request, as appropriate.

In a reporting year

When observations are not provided with the government’s report, they should be received by the Office by 1 September at the latest, so as to allow the government concerned to have a reasonable time to respond, thereby enabling the CEACR to examine the issues raised at its session the same year. When observations are received after, they would not be examined in substance in the absence of a reply from the government, except in exceptional cases, which are cases as those where the allegations are sufficiently substantiated and there is an urgent need to address the situation, whether because they refer to matters of life and death or to fundamental human rights or because any delay may cause irreparable harm. In addition, observations referring to legislative proposals or draft laws may also be examined by the CEACR in the absence of a reply from the government, where this may be of assistance for the country at the drafting stage.

Outside of a reporting year

When observations simply repeat those made in previous years, or refer to matters already raised by the CEACR, they will be examined in the year when the government’s report is due, in accordance with the regular reporting cycle. In this case, a report will not be requested from the government outside of that cycle. However, where the observations meet the above-mentioned criteria of exceptional cases, the CEACR will examine them in the year in which they are received, even in the absence of a reply from the government concerned.

Furthermore, where the observations on a technical Convention meet the criteria set out below, the CEACR will review the application outside of a reporting year. The criteria are:

  • the seriousness of the problem and its adverse impact on the application of the Convention;
  • the persistence of the problem; and
  • the relevance and scope of the government’s response in its reports or the absence of response to the issues raised by the CEACR, including cases of clear and repeated refusal on the part of a State to comply with its obligations.

The CEACR will therefore request the Office to issue a notification to the government that the observations received on a technical Convention will be examined at its subsequent session with or without a response from the government. This would ensure that the government has sufficient notice while ensuring that the examination of matters of importance are not further delayed.

Reports on ratified Conventions are due every three or six years depending on the Convention.

Written by adminvg59 on . Posted in Article 22, Governments prepare and send reports, Regular Supervision.

Under article 22 of the ILO Constitution member States have the obligation to report regularly on measures they have taken to give effect to the Conventions they have ratified. Each year, around 2,000 reports on ratified Conventions are requested by the Office out of the more than 8,200 ratifications of Conventions and Protocols registered by 1 September 2021. All reports are the subject of examination by the CEACR during its session held in late November and early December each year. A system has been set up for managing this caseload by staggering requests for reports.

Reports are requested every three years for fundamental and governance Conventions and every six years for all other Conventions. However, reports on the application of ratified Conventions may be requested at shorter intervals, i.e. outside the usual reporting cycle. Countries are divided into three groups for requests on fundamental and governance Conventions (A-F, G-N and O-Z) and into six groups for requests on technical Conventions (A-B, C-F, G-K, L-N, O-S and T-Z), according to the alphabetical order of their names.

The system for requesting reports also groups Conventions dealing with the same subject area in the same reporting year. Thus, for example, reports on all working time Conventions are requested in the same year for any particular country. No reports are requested on Conventions which have been abrogated, Conventions which have been withdrawn, Conventions which have not entered into force, Conventions on the final Articles and shelved Conventions.

Shelved Conventions are Conventions which no longer appear to be up-to-date. Ratification of shelved Conventions is no longer encouraged and their publication in Office documents, studies and research papers has been discontinued. Shelving also means that reports on the application of these Conventions are no longer requested. However, the right to invoke provisions relating to representations under article 24 of the ILO Constitution and complaints under article 26 of the ILO Constitution has remained intact. Employers’ and workers’ organizations remain free to make comments in accordance with the regular supervisory procedures, and the CEACR to review these comments and to request, if appropriate, reports under article 22 of the ILO Constitution. Finally, shelving has no impact on the status of these Conventions in the legal systems of the member States that have ratified them. In 1998, the Governing Body decided to shelve 25 Conventions and to defer the shelving of 10 Conventions. Since then, the International Labour Conference has abrogated or withdrawn a number of these instruments, while proposals to abrogate or withdraw the remaining shelved Conventions are gradually being reviewed by the Standards Review Mechanism Tripartite Working Group.

The system makes it possible for all to know know when reports on ratified ILO Conventions will be called for generally and from any particular member State.

Click to see a glossary of terms and jargon associated with reporting. To know more about the article 22 procedure, a flowchart presentation is also available.