Supervisory Mechanisms

1
ILS SUPERVISORY MECHANISMS
2
ILO SYSTEMS OF CONTROL
regular system of supervision

• based on the ratification of a Convention and a
  reporting obligation on the
• measures taken to give effect to the
  provisions of the instrument

special systems of supervision

• involve cases of specific allegations against a
  member State

3
REGULAR SYSTEM OF SUPERVISION

• obligation to submit reports on the measures
  taken to give effect to the
• provisions of a ratified Convention, both in
  law and practice

Article 22 of the ILO Constitution

• obligation to send copies of the reports on
  ratified Conventions to the
• most representative workers and employers
  organizations. Social partners
• can send their comments to the ILO

Article 23, paragraph 2 of the ILO Constitution
4
PERIODICITY
every 2 years for the 12 priority Conventions

• Freedom of Association and Protection of the
  Right to Organise Convention , 1948 (No. 87)
• Right to Organise and Collective Bargaining
  Convention, 1949 (No. 98)

• Forced Labour Convention, 1930 (No. 29)
• Abolition of Forced Labour Convention, 1957
  (No. 105)

• Equal Remuneration Convention, 1951 (No. 100)
• Discrimination (Employment and Occupation)
  Convention, 1958 (No. 111)

• Minimum Age Convention, 1973 (No. 138)
• Worst Forms of Child Labour Convention, 1999
  (No. 182)

• Employment Policy Convention, 1964 (No. 122)

• Labour Inspection Convention, 1947 (No. 81)
• Labour Inspection (Agriculture) Convention,
  1969 (No. 129)

• Tripartite Consultation (International Labour
  Standards) Convention, 1976 (No. 144)

every 5 years for other Conventions
5
COMMITTEE OF EXPERTS ON THE APPLICATION OF
CONVENTIONS AND RECOMMENDATIONS
20 persons

• with eminent qualifications in the legal or
  social fields

• appointed by the Governing Body upon proposal
  made by the Director-General

• appointed for 3 year term, being renewable

• independent, impartial and objective

characteristics

• decisions taken unanimously, although majority
  required

• sittings held in private

• documentary evidence

6
TRIPARTITE CONFERENCE COMMITTE ON THE APPLICATION
OF STANDARDS
usually well over 150 members

• from the three groups of delegates and advisers

characteristics

• specially established to examine and discuss the
  CEACRs Report

• decisions taken by consensus, although voting
  required

• provides opportunity for direct international
  dialogue on the implementation
• of ILS

7
PROCEDURE
Governments information and reports
Social partners comments
1st June 1st September
INTERNATIONAL LABOUR OFFICE
COMMITTEE OF EXPERTS ON THE APPLICATION OF
CONVENTIONS AND RECOMMENDATIONS
November
Direct requests sent to the government and the
social partners in the country concerned
February
Observations published in its Report
March
CONFERENCE COMMITTEE ON THE APPLICATION STANDARDS
June
Report submitted to the plenary sitting of
the INTERNATIONAL LABOUR CONFERENCE
8
SPECIAL SUPERVISORY MACHINERY
representations ? articles 24 and 25 of the ILO
Constitution
complaints ? articles 26 to 29 and 31 to 34 of
the ILO Constitution

• both require that the Convention concerned be
  ratified

freedom of association procedure

• allegations may be brought against member States
  even if they have not
• ratified the Convention concerned

9
CONDITIONS OF RECEIVABILITY OF THE REPRESENTATION
the representation must

• be in writing

• emanate from an industrial organization of
  workers or employers

• specifically refer to article 24 of the ILO
  Constitution

• concern a member of the ILO

• refer to a ratified Convention

• indicate in what respect the member has not
  ensured the effective observance
• of the Convention within its jurisdiction

10
REPRESENTATION PROCEDURE (ART. 24)
Workers or employers organization
INTERNATIONAL LABOUR OFFICE
COMMITTEE ON FOA if the representation Involves
FOA
GOVERNING BODY decision on receivability
TRIPARTITE AD HOC COMMITTEE report with
conclusions and recommendations
decides whether to publish the representation and
any government reply
GOVERNING BODY report examination and
deliberation
decision communicated to the organization and
government concerned
11
COMPLAINT PROCEDURE (ART. 26)
International Labour Conference delegate
Governing Body
Any ratifying member State
GOVERNING BODY
COMMISSION OF INQUIRY report including
conclusions and recommendations
GOVERNING BODY
If the government implements the recommendations
If the government does not accepts the
recommendations
CEACR follows-up on the implementation of the
recommendations
may refer the complaint to the ICJ for a final
decision