HOW TO WORK WITH THE ILO
be in agreement over better conditions of work for
home-based workers. The INDISCO project and the
Project to Promote Convention No. 169 (see ch. IV)
also work closely with minority and indigenous organizations and concerned NGOs. These are important
indications of the ILO’s more open attitude towards
NGOs.
2. Working with the ILO
ere are points to keep in mind when undertaking
work at the ILO:
H
• If the government has not ratified the Convention
which is directly relevant, then check to see if you can
submit the same information under another Convention which it has ratified.
– In some cases, governments can be called upon to
make reports on Conventions that they have not ratified. See the sections on General Surveys (see ch. V)
and Declaration on Fundamental Principles and
Rights at Work (see ch. III), as well as Complaints
Procedures (in ch. VI) for details on when and how
these procedures operate.
2.3 Research
2.1 Subject matter
• Verify that the issue you wish to raise falls within the
ILO’s mandate. To do this you have to identify the
ILO Convention which covers your area of interest:
– You can consult the full list of ILO Conventions and
texts on the ILO’s website (available in various languages including English, French and Spanish) at
www.ilo.org73 or you can obtain it from the ILO.
– This is particularly important if you want to make
full use of the ILO’s supervisory system, for example for an Article 24 representation, as references
have to be made to the specific Articles of the relevant Convention and must show how they are not
being observed.
• Do remember that more than one ILO Convention
may be relevant.
– For example, if your organization is concerned
about discriminatory employment practices against
indigenous groups in a particular country, then Convention No. 100 on Equal Remuneration, Convention No. 111 on Discrimination (Employment and
Occupation), and Convention No. 169 on Indigenous and Tribal Peoples may all be relevant.
– If you need further information on this issue, you can
contact the nearest office of the ILO for clarification.
(Contact ilo@ilo.org for a list of regional offices.)
2.2 Ratification
• Once you have established how your issue fits into the
ILO’s structure of Conventions you need to check
whether the country you are working on has ratified
the Conventions you are interested in.
– You can do this by looking at a book published by the
ILO which lists all the countries which have ratified
each Convention – List of Ratifications by Convention and by Country, Report III (Part 2) – which is
available from ILO offices or through the internet at
the ILOLEX database on the ILO website.74
42
• Next, you have to ensure that you have all the latest
information. This should include the ILO’s involvement to date, as well as any comments made by the
government or any trade union and employers’ organizations in relation to the issue. There are a number
of ILO reports that need to be reviewed, the most
important of which are:
• The most recent report of the Committee of Experts
(Report III, Part 1A), which can be obtained from the
ILO or accessed from their website.75 This covers the
Committee’s findings by Convention and by country,
and is published in March each year. This is a very
useful report. It also has a number of indexes, including one which details trade union or employer comments on countries and Conventions. These may be
useful in identifying potential partners to work with.76
– Also check whether the country in question has been
the subject of a representation, a complaint or special procedures concerning freedom of association.
This can also be found in the Committee of Experts’
Annual Report (Part One, General Report), under
‘Constitutional and other procedures’.
• The country specific findings of the latest report of
the Standards Committee – see Part Two of its report
entitled Observations and information concerning
particular countries:77
– Check if the country and Convention you are interested in have been examined and, if so, what conclusions were reached.
• Where there is a history of ILO involvement with a
particular issue, your research will tell you what the
ILO has said and done to date78 and also what the government’s position is in relation to its compliance
with the Convention in question:
– Once you have this information, you can ensure
that your submission focuses on the issues under
debate and provides evidence of how the government is failing to comply with its obligations under
the relevant Convention.
THE INTERNATIONAL LABOUR ORGANIZATION: A HANDBOOK FOR MINORITIES AND INDIGENOUS PEOPLES