V. Mechanisms to ensure compliance with ILO standards 1. Supervisory system he ILO has a large number of Conventions and Recommendations on international socio-economic and work-related matters. However, the standards cannot operate in a vacuum, and need a supervisory system to assess their effectiveness. This section provides an overview of the ILO supervisory system. T 1.1 Regular reports (for States Parties) Article 22 of the ILO Constitution requires member states to submit reports to the ILO on steps they have taken to implement the Conventions to which they are a party (i.e. they are a State Party if they have ratified a Convention). The reporting process is as follows: • Once a member state ratifies a particular Convention, this Convention will enter into force for that country exactly one year later. • A member state which has ratified a Convention is required to send a detailed first report to the ILO once the Convention enters into force for that country, and a second detailed report two years later. These two reports have to include information on all administrative provisions, judicial decisions, laws, regulations, etc., which may have a bearing on the extent to which national law and practice meets the provisions of the Convention. • Based on the information in the government’s report, and other supplementary information from reliable sources (UN committees, reports from trade unions, NGOs etc.), the ILO carries out a comprehensive assessment of the law and practice in that state within the framework of the relevant Convention. It is important to note that this provides the basis for future ILO work in this field. Minorities and indigenous peoples’ NGOs should try and ensure their concerns are taken into account during this initial reporting period by submitting information through a friendly trade union. • Thereafter, reports have to be made on a regular basis to the ILO supervisory bodies. Here is an explaination of the reporting system: • January 1993: the Czech Republic ratifies ILO Convention No. 111 on Discrimination (Employment and Occupation) (1958); 24 • January 1994: Convention No. 111 enters into force for the Czech Republic; • September 1994: 1st report is due for submission to the ILO; • September 1996: 2nd report is due for submission; • 1997: Regular reports every two years as Convention No. 111 is one of the 12 fundamental Conventions (see below). Reporting cycle In previous years, member states had to submit reports every year on all of the Conventions to which they were bound. However, this was criticized as being burdensome, especially for those countries with limited resources, taking into consideration the large number of Conventions and the increasing number of ratifications by member states. In 1995, the reporting requirements were revised, and the current reporting period varies from one to five years, depending on the Convention and the situation in the country. The general rule is that reports have to be submitted every five years with two exceptions: • Reports for the 12 fundamental and priority Conventions. As explained earlier, these are grouped under four categories – child labour, discrimination, freedom of association, and forced labour – and reports are due for each category every year, with the Conventions in each category alternating. For example, the Czech Republic has to provide a report on Convention No. 111 one year, and for Convention No. 100 the following year, these being the two fundamental Conventions relating to discrimination, (also see under ch. II). The other four priority Conventions are Nos 81, 122, 129 and 144. • Additional reports outside the regular reporting cycle can also be requested by the Committee of Experts, which is the principal ILO body examining how a Convention is applied in law and practice. This can happen if: – There are complaints regarding gross human rights abuses50 indicating that the situation in a given country is serious and merits closer examination. For example, the Committee of Experts may want to keep a close watch on developments in a particular country as a way of pressurizing the government to take steps to resolve the problem (see later for more details); THE INTERNATIONAL LABOUR ORGANIZATION: A HANDBOOK FOR MINORITIES AND INDIGENOUS PEOPLES