Overview of standards-related obligations and reporting by Mongolia Alain Pelcé Senior International Labour Standards and Labour Law Specialist ILO Bangkok DWT

Obligations of Member States Relating to International Labour Standards Obligation to submit to competent authorities Ratification Reports on ratified Conventions Reports on Recommendations and unratified Conventions Information and/or consultation of organizations of employers and workers

Submission to the Competent Authority A Constitutional obligation for all Member States (article 19) Aims at obtaining a rapid, yet informed, decision on the effect to be given to newly adopted instruments by their submission to the competent authority Must take place within 12 to 18 months (reminder sent by the Office after 12 months) Information to be sent to the Office Information examined by the Committee of Experts on the Application of Conventions and Recommendations (CEACR)

Ratification A sovereign decision Subject to the consent of competent authorities in accordance with domestic constitutional law Formal instrument of ratification to be communicated to the Director-General of the ILO

Ratification Formal requirements: must clearly identify the Convention, be an original document, signed by a person with authority to engage the State, and clearly convey the intention to be bound Compulsory declaration to be included for certain Conventions Optional declarations as to the use of exclusions, exceptions or modifications permitted by certain Conventions Entry into force: one year after ratification is registered

Obligations following entry into force To apply provisions in law and practice To report regularly on the application, so as to allow monitoring by ILO supervisory bodies: Committee of Experts on the Application of Conventions and Recommendations (CEACR) Committee on the Application of Standards (CAS) of the International Labour Conference

Reports on Ratified Conventions Based on article 22 of the ILO Constitution Periodic reports: Three-yearly reports: 8 fundamental Conventions, 4 priority/governance ones Five-yearly reports: other Conventions Exemption from reporting for certain outdated Conventions Requested by subject matter in February/March Must reach the Office between 1 June and 1 September

Reports on Ratified Conventions First report due one year after the entry into force Form approved by the Governing Body Copies of relevant laws and regulations Position on permitted exclusions, exceptions or limitations Must reply to all questions set out in the report form Information on application in practice

Reports on Ratified Conventions Subsequent reports Simplified: indicate minor changes, provide information on practical application Detailed: in reply to comments made by the CEACR – can be out of reporting cycle in case of failure to report or to reply to earlier comments (« foot note » of the CEACR or the Conference Committee)

Reports on Recommendations and Unratified Conventions Obligation under article 19 of the Constitution Purpose: not about compliance, but to assess relevance of the instruments and identify obstacles to their ratification or application – done by the CEACR in a «General Survey» Each year on a selection of instruments chosen by the Governing Body Based on a specific report form Must reach the Office before end of February

Involvement of Employers’ and Workers’ Organizations Constitutional obligation of the Government to communicate copies of information and reports sent to the ILO to the most representative organizations (article 23, paragraph 2, of the ILO Constitution) Allows these organizations to transmit their own views, to the Government or to the ILO

Involvement of Employers’ and Workers’ Organizations Any organization of employers or workers (not only the most representative ones) can make comments on the application of ratified Conventions At any time Whether they have been consulted on the Government’s report or not Without any formal requirements (just indicate the Convention dealt with), by a letter to the Director General of the ILO

Involvement of Employers’ and Workers’ Organizations When organizations make comments on the application of ratified Conventions, these comments are Transmitted to the Government, which is asked to provide its own views Submitted to the CEACR Mentioned in the report and often reflected in the comments of the CEACR

Consultations required by Convention No. 144 Under Convention No. 144, obligation to consult social partners on: Replies to questionnaire and comments on proposed new instruments Submission of instruments to competent authorities Re-examination of unratified Conventions and Recommendations Reports on ratified Conventions (according to Recommendation No. 152, on reports on unratified Conventions and Recommendations as well) Proposals for denunciation of Conventions

Nature of consultations required by Convention No. 144 Beyond mere information, but does not imply co-decision or consensus Parties remain autonomous Government remains responsible for the final decision

Nature of consultations required by Convention No. 144 Consultations must be effective Must take place before a decision is made Parties must have all the necessary information well enough in advance

Nature of consultations required by Convention No. 144 Must involve the most representative organizations May involve several organizations Not necessarily only the largest one(s) Must enjoy freedom of association Must freely choose their representatives Employers and workers equally represented in substance

Consultations procedures required by Convention No. 144 Flexibility: No need to enact legislation Can be established through national agreement or customary practice No need to set up a special body Can be written and/or oral

Ratifications by Mongolia A total of 20 Conventions (15 in force) ratified since 1969 of which 4 ratifications in 2015: the Employment Service Convention, 1948 (No. 88), the Private Employment Agencies Convention, 1997 (No. 181), the Maritime Labour Convention, 2006, and the Safety and Health in Mines Convention, 1995 (No. 176) including All the eight fundamental Conventions Two of the four governance Conventions Employment Policy Convention, 1964 (No. 122) Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144)

Reporting by Mongolia 2015 – 11 reports on ratified Conventions were due, of which – 5 in application of the regular reporting schedule 5 because they were not provided in the previous year(s) 1 (on Convention No. 159) because of a footnote of the CEACR requesting it outside of the regular schedule 8 of these reports were received 2016 – 6 reports are due, of which – 3 in application of the regular reporting schedule 3 because they were not provided in 2015 2017 – 7 reports should be requested, including – The 4 first reports on Conventions ratified in 2015