MECHANISMS TO ENSURE COMPLIANCE WITH ILO STANDARDS
concerned.
• The Committee of Experts’ analysis and findings are
published as Annual Reports.
Annual Reports
These are published as Application: International
Labour Conventions, (Report III [Part 1A]). The Annual
Report has two parts:
• A General Report in which the Committee of Experts
reviews questions relating to international labour
standards and their implementation.
• A second section with Observations on individual
countries arranged by Convention (according to date
of adoption).53
General Surveys
These are published in Report III (Part 1B), which is a
summary of the reports received on un-ratified Conventions and Recommendations, and are an analysis of how
these standards have been put into practice by states
which have ratified and those that have not.
The Committee of Experts report is adopted at the end
of its November to December session, and is published in
the following March in time for the spring Governing
Body meeting.54
• The annual ILO Conference considers the report at its
session in June, and its discussions on the Committee
of Experts’ report are included in its own Conference
report.
• The ILO sends out requests for periodic reports to
member states in February, together with any Observations or Direct Requests from the Committee of
Experts.
Copies of the Committee of Experts’ report should
also be sent to representative national employer and trade
union organizations by the government of the country
concerned. As mentioned earlier, the level of compliance
with this requirement varies depending on a government’s position and the level of cooperation with
employers’ and workers’ organizations. However, the
purpose is to provide these organizations with an opportunity to challenge a government’s assessment, and to
place additional information before the Committee of
Experts, to help the Committee to fully assess the practical implications of international labour standards.
Comments of employers’ and workers’ organizations
Employers’ and workers’ organizations can submit
reports on the application of an ILO Convention at any
time, irrespective of when a report on that Convention is
due, or whether they are based in the country concerned.
These are known as ‘comments’. They must be made in
writing, refer to a ratified Convention and indicate, as
accurately as possible, how it has been contravened. All
comments must be submitted directly to the ILO.
The ILO forwards a copy of any comments it has
received from employers’ and workers’ organizations to
the government concerned so it can respond to the issues
raised in the comments.
It should be stressed that only ILO traditional partners, e.g. employers’ and trade union organizations, can
submit these comments. All comments are given to the
Committee of Experts. In its 2001 Annual Report, the
Committee emphasized the vital role of employers’ and
workers’ organizations in the application of standards:
‘At each session, the Committee draws the attention
of governments to the role that employers’ and workers’ organizations are called upon to play in the
application of Conventions and Recommendations
and to the fact that numerous Conventions require
consultation with employers’ and workers’ organizations, or their collaboration in a variety of measures
… In accordance with established practice, in April
2000 the Office sent to the representative organizations of employers and workers a letter outlining the
various opportunities open to them of contributing to
the implementation of Conventions and Recommendations, accompanied by relevant documentary material, and a list of the reports due from their respective
governments and copies of the Committee’s comments to which the governments were invited to reply
in their reports.’ 55
The ILO wishes to strengthen the role of employers’
and workers’ organizations in its supervisory work and
therefore welcomes their interaction in this process.
Minority and indigenous organizations and other
concerned NGOs can take advantage of this opening
and send information on contraventions of ILO Conventions to a friendly employers’ organization or to a
trade union with a request to forward this documentation to the ILO.
Although comments can be provided at any time,
to make sure they are considered by the Committee
of Experts at its next session (November to December), they should be submitted by the end of September, if not earlier.
This is a good example of how to bring a specific
issue to the attention of the ILO supervisory bodies,
and has been used to good effect by minority and
indigenous organizations and other concerned NGOs
wishing to draw attention to a specific issue.
THE INTERNATIONAL LABOUR ORGANIZATION: A HANDBOOK FOR MINORITIES AND INDIGENOUS PEOPLES
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