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Category: The CEACR examines governments’ reports and other information

Employers’ organizations receive copies of CEACR comments made to governments.

Written by adminvg59 on . Posted in Article 22, Regular Supervision, The CEACR examines governments’ reports and other information.

In accordance with the established practice, in March, representative organizations of employers and workers receive comments addressed to their governments and to which governments will need to reply with reports on the application of ratified Conventions in the current year.

These organizations can:

  • consider whether there are any Conventions on the application of which they will want to make observations to the CEACR during the reporting cycle of the current year;
  • follow CEACR supervision of Conventions on which they have already provided observations; and
  • consider the consultation on questions arising out of reports that is required under the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144), where it has been ratified.

A Handbook of procedures relating to international labour Conventions and Recommendations describing the procedures operating within the ILO in relation to the adoption and implementation of ILS, including the contribution of any employers’ and workers’ organizations to the reporting system, is available in the ILO website. Click to see a checklist tool helping social partners to take action.

Click to find a factsheet explaining the relevance of the procedure for business. For more information, see also on the ILO website the page with publications on ILS, where resources specifically developed for employers’ organizations can be found.

Governments receive any comments made by the CEACR concerning the application of ratified Conventions.

Written by adminvg59 on . Posted in Article 22, Regular Supervision, The CEACR examines governments’ reports and other information.

In accordance with the established practice, between the end of February and the beginning of March governments receive the requests for reports on ratified Conventions due in the current year with the CEACR comments addressed to them and an explanatory note. A Handbook of procedures relating to international labour Conventions and Recommendations describing the procedures operating within the ILO in relation to the adoption and implementation of ILS is available in the ILO website. Its Appendix II contains the regular reporting cycle up to 2025. The NORMLEX database lays out the regular reporting schedule for each member State over a period of six years (i.e. the regular interval for reports on the application of technical Conventions).

The timeline below shows the Office practices and the government practices on reporting on ratified Conventions throughout a single year.

February
Office

The report of the CEACR is published and made available on the ILO website.

Between the end of February and the beginning of March, the Office sends by email requests for (detailed/simplified) reports on ratified Conventions due that year to governments. The communication includes the comments by the supervisory bodies for each Convention and an explanatory note.
Member States

The CEACR report is examined, also to prepare for discussion in the CAS.

March
Office

Between the end of February and the beginning of March, the Office sends by email requests for (detailed/simplified) reports on ratified Conventions due the current year to governments. The communication includes the comments by the supervisory bodies for each Convention and an explanatory note.

In March, the Office sends by email copies of requests for reports on ratified Conventions due the current year to the representative organizations of employers and workers. The communication includes the comments by the supervisory bodies and a note concerning the contribution of employers’ and workers’ organizations to the supervision of the application of ILS.
Member States

CEACR comments are studied, with a view to initiating measures needed to ensure compliance.

States parties to Convention No. 144 hold effective consultations with the representative organizations of employers and workers on questions arising out of reports on ratified Conventions to be made.

Reports on ratified Conventions are prepared and sent to reach the Office between 1 June and 1 September, at the latest. Reports can be sent in batches.

April
Member States

CEACR comments are studied, with a view to initiating measures needed to ensure compliance.

States parties to Convention No. 144 hold effective consultations with the representative organizations of employers and workers on questions arising out of reports on ratified Conventions to be made.

Reports on ratified Conventions are prepared and sent to reach the Office between 1 June and 1 September, at the latest. Reports can be sent in batches.

May
Member States

CEACR comments are studied, with a view to initiating measures needed to ensure compliance.

States parties to Convention No. 144 hold effective consultations with the representative organizations of employers and workers on questions arising out of reports on ratified Conventions to be made.

Reports on ratified Conventions are prepared and sent to reach the Office between 1 June and 1 September, at the latest. Reports can be sent in batches.

Information is prepared for the CAS in writing or to be given orally, as appropriate.
June
Supervisory bodies
The CAS meets and examines the report of the CEACR, the cases of serious failure to respect reporting and other standards-related obligations, and a selection of individual cases relating to the application of ratified Conventions on which the governments are invited to contribute details.
Office

The report of the CAS is published on the ILO website in the Provisional Record.

Member States

Participate in proceedings, in discussion of any cases concerning their own country selected for consideration and, as appropriate, in discussion of cases concerning other member States than their own.

Reports on ratified Conventions due in the current year are sent to the Office.

Copies of reports on ratified Conventions are communicated to the representative organizations of employers and workers.

July
Office

The CAS report is published separately and made available in the ILO website.

Member States

The CAS report is examined to take into consideration all possible and necessary measures and, as appropriate, to follow up on the conclusions on individual cases. Information in this regard is provided  in the reports.

Reports on ratified Conventions due that year are sent to the Office.

Copies of reports are communicated to the representative organizations of employers and workers.
August
Member States

The CAS report is examined to take into consideration all possible and necessary measures and, as appropriate, to follow up on the conclusions of the CAS. Information in this regard is provided in the reports.

Reports on ratified Conventions due that year are sent to the Office.

Copies of reports are communicated to the representative organizations of employers and workers.

September
Office

The Office checks that the reports contain all the replies, information and documentation requested. If they do not, the Office will, without entering into the substance of the matter, ask governments to send them.

If the Office receives observations directly from employers’ and workers’ organizations, it acknowledges receipt and simultaneously forwards a copy to the government concerned, so that it might respond.

Member States

Additional information is sent to the Office, if so requested.

October
Member States

Additional information is sent to the Office, if so requested.

November
Member States

Additional information is sent to the Office, if so requested.

Supervisory bodies

The CEACR meets in late November and early December to adopt comments (observations and direct requests) and the report that will be submitted to the Governing Body the following year for transmission to the International Labour Conference.

December
Supervisory bodies

The CEACR meets in late November and early December to adopt comments (observations and direct requests) and the report that will be submitted to the Governing Body the following year for transmission to the International Labour Conference.

1 Feb 2017 1 Mar 2017 3 Apr 2017 3 May 2017 2 Jun 2017 1 Jul 2017 3 Aug 2017 2 Sep 2017 4 Oct 2017 1 Nov 2017 1 Dec 2017

Workers’ organizations receive copies of CEACR comments made to governments.

Written by adminvg59 on . Posted in Article 22, Regular Supervision, The CEACR examines governments’ reports and other information.

As a natural consequence of its tripartite structure, the ILO was the first international organization to associate the social partners directly in its activities. The participation of employers’ and workers’ organizations in the supervisory mechanisms is recognized in article 23, paragraph 2, of the ILO Constitution, which provides that reports and information submitted by governments in accordance with articles 19 and 22 must be communicated to the representative organizations.

In practice, representative employers’ and workers’ organizations may submit to their government’s comments on the reports concerning the application of ILS. They may, for instance, draw attention to a discrepancy in law or practice regarding the application of a ratified Convention. Furthermore, any employers’ or workers’ organization may submit comments on the application of ILS directly to the Office. The Office will then forward these comments to the government concerned, which will have an opportunity to respond before the comments are examined by the CEACR, except in exceptional circumstances.

In accordance with the established practice, in March, representative organizations of employers and workers receive comments addressed to their governments and to which governments will need to reply with reports on the application of ratified Conventions in the current year.

These organizations can:

  • consider whether there are any Conventions on the application of which they will want to make observations to the CEACR in the course of the regular reporting cycle;
  • determine if and how the CEACR has considered any of their comments on the application of the Convention submitted previously; and
  • prepare for the tripartite consultations on questions arising out of reports on ratified Conventions required under the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144), where the Convention has been ratified.

A Handbook of procedures relating to international labour Conventions and Recommendations describing the procedures operating within the ILO in relation to the adoption and implementation of ILS, including the contribution of any employers’ and workers’ organizations to the reporting system, is available in the ILO website. Click to see a checklist tool helping social partners to take action.

 

Based on the examination of reports and other information, the CEACR makes comments to governments.

Written by adminvg59 on . Posted in Article 22, Regular Supervision, The CEACR examines governments’ reports and other information.

Each year the CEACR meets to discuss the application of ratified Conventions based on governments’ reports, observations made by employers’ and workers’ organizations, and other information available to it.

The CEACR is an independent body established by the International Labour Conference in 1926 and its members are appointed by the Governing Body. Since 1979, it is composed of 20 members. The CEACR has progressively achieved broad gender parity and was composed in 2020 of 11 men and 9 women. Each geographical area is represented by five experts emanating from a broad range of legal systems. Click to see the full list of CEACR members.

Mandate

The CEACR is composed of legal experts charged with examining the application of Conventions and Recommendations by ILO member States. As indicated in its annual report, “the Committee of Experts undertakes an impartial and technical analysis of how the Conventions are applied in law and practice by member States, while cognizant of different national realities and legal systems. In doing so, it must determine the legal scope, content and meaning of the provisions of the Conventions. Its opinions and recommendations are non-binding, being intended to guide the actions of national authorities. They derive their persuasive value from the legitimacy and rationality of the Committee’s work based on its impartiality, experience and expertise. The Committee’s technical role and moral authority is well recognized, particularly as it has been engaged in its supervisory task for more than 90 years, by virtue of its composition, independence and its working methods built on continuing dialogue with governments taking into account information provided by employers’ and workers’ organizations. This has been reflected in the incorporation of the Committee’s opinions and recommendations in national legislation, international instruments and court decisions” (1).

Established practice on the selection and appointment of members of the CEACR

The members of the CEACR are distinguished legal experts drawn from the world’s various legal traditions, so as to give the CEACR the benefit of first-hand experience of different legal, economic and social systems. They are appointed by the Governing Body on the recommendation of its Officers, upon the proposal of the Director-General.

The criteria and procedure for appointment to the CEACR have enjoyed a degree of continuity, although the number of experts and the geographical balance they represented have evolved rapidly in response to the increasing workload of the CEACR and the diversification of ILO membership. The selection and appointment of CEACR members are based on a number of criteria and include the following, in no particular order of priority:

  • knowledge and awareness of the ILO;
  • academic and legal standing;
  • expertise in labour law, human rights law and international law;
  • ability to accept the essentially administrative nature of the work combined with intellectual incisiveness;
  • ability to contribute within the different economic and cultural context of countries;
  • sensitivity and openness to the views of ILO tripartite constituents;
  • ability to influence or add a dimension to ILO work in the country in which they live;
  • ability to operate within the CEACR, possessing the necessary personal qualities for the working environment, considering the international context of the work;
  • gender balance within the CEACR; and
  • linguistic abilities.

These selection criteria are in line with the established international practice followed for the selection of experts serving on UN Human Rights Treaty Bodies.

  • Treaty body members are independent, i.e. they serve in their personal capacity and are recognized as impartial.
  • Treaty body members are recognized experts in the field of human rights and/or the field covered by the treaty.
  • Treaty body members must be persons of high moral character.
  • Due consideration should be given to equitable geographical participation in membership of the treaty bodies.
  • Due consideration must also be given to ensuring balanced gender representation within each committee.

The selection criteria were fashioned with due regard to the particular nature of the CEACR and ILS. In the course of the adoption of the 1926 resolution, the Chairperson and Reporter of the Committee on Article 408 explained that the method of appointment of the members of the CEACR should be left to the Governing Body, but that they “should essentially be persons chosen on the ground of expert qualifications and on no other ground whatever” (2). As a general rule, the experts tend to be selected among senior judges and academics.

The CEACR is expected to function in full independence, objectivity and impartiality (3). From the very beginning, these principles were considered vital importance in ensuring that the Committee’s work enjoyed the highest authority and credibility and have been consistently upheld by the International Labour Conference and the Governing Body as the cornerstone of this Committee and the ILO supervisory system as a whole. Appointments to the CEACR have therefore always been made in a personal capacity of individuals who were recognized as impartial and had the required technical competence and independence. In order to safeguard this important attributes, the identification of suitable candidates has always been entrusted to the Director-General and the Office, since the Committee’s creation. The following selection process is implemented by the Office in a consistent and rigorous manner.

  • As a first step, the Office proceeds with the identification of a pool of possible suitable candidates, based on the above-mentioned criteria, limited to eminent independent personalities of the highest technical calibre and moral integrity.
  • Once sufficient information is gathered, the Office contacts the potential candidates and organizes interviews with those who express an interest.
  • A summary of the interviews of all candidates is provided to the Director-General, who submits a report to the Officers of the Governing Body, with a commentary of each of the candidates interviewed.
  • After consideration of the report, the Officers of the Governing Body select a candidate whose appointment they will be proposed to the Governing Body.
  • Experts are appointed by the Governing Body for a renewable term of three years. The tenure is limited to a total of 15 years, representing a three-year term renewable four times.

The Governing Body has established similar processes for the appointment of other independent members of supervisory bodies such as the Chairperson of the Committee on Freedom of Association and the members of Commissions of Inquiry.

To know more about the CEACR and its mandate, see the dedicated page on the ILO website and its reports.

(2) Record of proceedings, International Labour Conference, Eighth Session, 1926, p. 239. The Office indicated that the members of the CEACR should “possess intimate knowledge of labour conditions and of the application of labour legislation. They should be persons of independent standing, and they should be so chosen as to represent as far as possible the varying degrees of industrial development and the variations of industrial method to be found among the States Members of the Organisation.”
(3) ILO: Monitoring compliance with international labour standards: The key role of the ILO Committee of Experts on the Application of Conventions and Recommendations (2019), page 23.
The comments of the CEACR on the fulfilment by member States of their standards-related obligations take the form of either observations or direct requests. Observations are generally used in more serious or long-standing cases of failure to fulfil obligations. They point to important discrepancies between the obligations under a Convention and the related law/and or practice of member States. They may address the absence of measures to give effect to a Convention or to take appropriate action following the requests by the CEACR. They may also highlight progress, as appropriate. Observations are reproduced in the CEACR annual report, which is then considered by the CAS in June every year, and are available online in the NORMLEX database. Direct requests relate to more technical questions or requests for clarification of certain points when the information available does not enable a full appreciation of the extent to which the obligations are fulfilled. They are also used to provide comments on the first reports supplied by governments on the application of Conventions. Direct requests are not published in the CEACR report, but are communicated directly to the government concerned and are available online in the NORMLEX database. At the end of its comments the CEACR indicates by footnotes cases in which, because of the nature of the problems encountered in the application of the Conventions concerned, it has deemed appropriate to ask the government to supply a report earlier than would otherwise have been the case (“single footnotes”) and, in some instances, to supply full particulars to the International Labour Conference at its next session (“double footnotes”). To know more about the comments of the CEACR, including the cases of progress where the CEACR expresses “satisfaction” or “interest” on specific issues related to the application of the ratified Conventions and the nature of the measures adopted by the governments concerned, see the CEACR reports (Part: General report) on the ILO website.