MECHANISMS TO ENSURE COMPLIANCE WITH ILO STANDARDS 2.2 The Conference Committee on the Application of Standards The Conference Committee on the Application of Standards (Applications Committee) is a committee of the International Labour Conference. It is tripartite in structure with the governments, employers and trade union groups participating actively in its deliberations. It meets annually, during the International Labour Conference in June, and examines issues concerning the ratification and application of ILO Conventions. A primary focus of its work is the review of the report of the Committee of Experts. When analyzing this report, the Applications Committee draws up a list of country situations for in-depth discussion during its session. The selection is made from among those countries which have received an Observation from the Committee of Experts and usually involves grave human rights violations and/or a repeated failure to comply with ILO standards. Efforts are made to ensure a good balance in terms of both the countries and the Conventions identified for this procedure. In practice, it is the workers’ group which proposes the cases for discussion at the Applications Committee, in consultation with the employers. Minority and indigenous organizations and other concerned NGOs can try to influence trade unions to ensure the inclusion of a particular country in the list of countries to be summoned to appear before the Applications Committee, provided the country in question has received an Observation from the Committee of Experts. Working methods In considering the report of the Committee of Experts, once the list of countries has been decided, the following steps are taken: • The Applications Committee invites the government in question to appear before it to present its understanding of the situation. It is rare for a government to refuse, especially since the invitation is made in a spirit of dialogue and cooperation, a key element of the ILO. • Once the government has presented its understanding of the situation, the floor is open and individual members of the Applications Committee are free to offer their comments, criticisms and suggestions. Representatives of workers’ and employers’ organizations as well as government delegates can put questions directly to the government concerned. • The government representative has the right to reply to any questions and comments. Once this is exer- 28 cized, the employer and trade union spokespeople both make their concluding remarks (generally governments do not do this). – The deliberations of the Applications Committee are extremely focused. This process serves to draw attention to specific instances of non-compliance with a Convention. – The sessions of the Applications Committee are generally open to the public. – The Committee serves to exert pressure on the government concerned as it has to respond publicly to criticisms from both national and international organizations. – The discussions are often lively, and are entered into in a spirit of dialogue and cooperation. • The Chair of the Applications Committee, traditionally a government representative, summarizes the discussion into Conclusions and Recommendations, which are adopted by the Applications Committee. • In the worst cases of non-compliance with a Convention, the Committee may decide to include the case in a ‘special paragraph’ to its report, and/or find that there has been ‘continued failure to implement’ a Convention: – These are the Applications Committee’s strongest censures and draw international attention to the government’s failure to respect internationally agreed labour standards. – Governments which receive a ‘special paragraph’ and/or a ‘continued failure’ finding are very likely to be called in front of the Applications Committee again the following year. • The deliberations of the Applications Committee are issued as a two-part report: part one is a general report, while part two contains Observations and information concerning particular countries, including a detailed report of the discussion at the Committee. • The report is then submitted to the full International Labour Conference where it is discussed in plenary sessions before it is adopted. • The final report is forwarded to the Committee of Experts at their next session. The Committee of Experts then continues its work in monitoring the efforts of the government concerned to better apply the relevant Convention, including in implementing the Recommendations and suggestions of the Applications Committee (as mentioned above). Thus, a country’s compliance with a particular ILO Convention is stringently reviewed by the ILO supervisory bodies. The Committee of Experts is well known for its tenacity in consistently drawing attention to specific instances THE INTERNATIONAL LABOUR ORGANIZATION: A HANDBOOK FOR MINORITIES AND INDIGENOUS PEOPLES