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Category: Regular Supervision

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.

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 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

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 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.

 

Workers’ organizations examine the CEACR report and consider measures to promote the fulfilment of standards-related obligations.

Written by adminvg59 on . Posted in Article 22, Regular Supervision, The CEACR report is issued.

Workers’ organizations examine the CEACR annual report and consider measures they can take to promote the fulfilment of standards-related obligations by governments. These are obligations related to the application of ratified Conventions, the implementation of conclusions and recommendations made by other supervisory bodies, reporting and the submission of ILS to the competent authorities.

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.

The CEACR prepares a report on member States meeting obligations under ratified Conventions and the ILO Constitution.

Written by adminvg59 on . Posted in Article 22, Regular Supervision, The CEACR report is issued.

The CEACR prepares an annual report, which is in the first place submitted to the Governing Body at its March session for transmission to the International Labour Conference in June. The CEACR report is published in February, and is made available in hard copy and in the ILO website.

The CEACR report is traditionally submitted to the International Labour Conference as “Report III”, i.e. the third standing item to be included by the Governing Body in the International Labour Conference agenda each year. As such, the report consists of two volumes. The first volume (Report III (Part A)) is divided into two parts:

  • Part I: The General Report describes the progress of the work of the CEACR and specific matters relating to it that have been addressed, and the extent to which member States have fulfilled their constitutional obligations in relation to ILS;
  • Part II: Observations concerning particular countries on the fulfilment of obligations in respect of the submission of reports, the application of ratified Conventions grouped by subject matter, and the obligation to submit instruments to the competent national authorities.

The second volume contains a General Survey (Report III (Part B)) in which the CEACR examines the state of the legislation and practice regarding a given number of Conventions and Recommendations, selected annually by the Governing Body. This examination covers all member States regardless of whether or not they have ratified the given Conventions. General Surveys since 1985 are available in the ILO website.

The comments of the CEACR on the fulfilment by member States of their standards-related obligations that take the form of observations are published in the CEACR report which has, at the beginning, the indexes of comments by Convention and by country. The NORMLEX database includes both observations and direct requests by the CEACR.

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.

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.