1. International Training Centre of the ILO
The Role of Trade Unions in the ILO Standards System and its Supervisory Mechanisms
International Training Centre of the ILO

2. Trade unions are invited to have an active role in:
Elaboration and adoption of ILS
Submission to the competent authorities
Promotion of ratification
Sending comments on
the application of ratified conventions (article 22)
the effect given to recommendations and non ratified conventions (article 19)
Filing complaints
Following up the comments and recommendations of the supervisory bodies
International Training Centre of the ILO

3. International Training Centre of the ILO
International Training Centre of the ILO

4. International Labour Standards
Conventions
International treaties
When ratified, are legally binding
If not ratified, could represent legal objectives and influence national legislation
188 Conventions
Recommendations
Not open to ratification
Not legally binding
Provide general or technical guidelines on national policy and practice
200 Recommendations
Protocols
International Training Centre of the ILO

5. International Training Centre of the ILO
International Training Centre of the ILO

6. The Double-discussion Procedure
Suggestions from governments,
workers, employers, ILO Office,
UN Agencies, etc.
Role of social partners:
GOVERNING BODY
Participation
OFFICE: I Report
Governments
Consultation
OFFICE: II Report
Governments
Consultation
TRIPARTITE CONFERENCE COMMITTEE
First discussion
Participation
OFFICE: III Report
Governments
Consultation
OFFICE: IV Report
Governments
Consultation
TRIPARTITE CONFERENCE COMMITTEE
Second discussion
Participation
CONFERENCE PLENARY
Adoption
Participation
International Training Centre of the ILO

7. Adoption of the SOCIAL JUSTICE DECLARATION
Standard-Setting
General Discussion
First
Discussion
Second Discussion
2008
Adoption of the SOCIAL JUSTICE DECLARATION
None
2009
-Strengthening national responses to HIV/Aids in the world of work
2010
Decent work for Domestic workers
Strengthening national responses to HIV/Aids in the world of work
2011
International Training Centre of the ILO

8. Submission of ILS: a constitutional obligation
Member States have the obligation to submit all newly adopted Conventions and Recommendations to the national authorities vested with the power to legislate in the 12 or, exceptionally, 18 months following their adoption
Source: Art. 19, paras. 5,6 and 7 of the ILO Constitution
International Training Centre of the ILO

9. Objectives of submission
Promote national dialogue on ILS recently adopted
Promote action as to their application at national level
For Conventions, promoting their ratification
International Training Centre of the ILO

10. Ratification of Conventions
Is the formal commitment by a member State to
give effect, both in law and in practice, to the provisions of a Convention and
to accept international supervision
International Training Centre of the ILO

11. ILO supervisory mechanisms
REGULAR SYSTEM OF SUPERVISION
Based on the obligation to report on the application of each ratified Convention
SPECIAL SYSTEMS OF SUPERVISION
Involve cases of specific allegation of violations against a Member State
International Training Centre of the ILO

12. The regular supervisory mechanism
Governments submit
reports
Social partners may
comment
1st June – 1st September
INTERNATIONAL LABOUR OFFICE
November
&
December
COMMITTEE OF EXPERTS ON THE APPLICATION OF
CONVENTIONS AND RECOMMENDATIONS
Direct requests
sent to the government and the social
partners in the country concerned
February
Observations
published in the CEACR’s Report
March
TRIPARTITE CONFERENCE COMMITTEE ON THE APPLICATION OF STANDARDS
June
presentation of the Report to the
INTERNATIONAL LABOUR CONFERENCE
in plenary
International Training Centre of the ILO

13. International Training Centre of the ILO
CEACR
COMPOSITION
20 members (high-level judges and lawyers; impartial)
Universal nature
Appointment by the Governing Body upon proposal made by the Director General
Appointment for a three-year renewable term
CHARACTERISTICS
Decides by consensus (though voting is possible)
Follows the principles of judicial procedure
Uses documentary information
International Training Centre of the ILO

14. General Surveys by the CEACR
Based on the obligation to report on non ratified conventions and recommendations
Every year, comprehensive analysis of a Convention or a group of standards
Clarify the meaning and scope of the provisions of the instruments analyzed as well as the conformity of national legislation and practice with these provisions
Very important in the light of the Social Justice Declaration
International Training Centre of the ILO

15. The Conference Committee on the Application of Standards
Consists of well over 150 members
From the three groups of delegates and advisers
Charged with examination of the Committee of Experts’ Report and discussion of selected cases
International Training Centre of the ILO

16. International Training Centre of the ILO
International Training Centre of the ILO

17. Special systems of supervision
REPRESENTATIONS (ART. 24) AND
COMPLAINTS (ART. 26)
Only when the Convention concerned is ratified
FREEDOM OF ASSOCIATION PROCEDURES
Even if the Convention concerned has not been ratified
International Training Centre of the ILO

18. The representation procedure (Art. 24)
Workers’ or
employers’
organization
INTERNATIONAL LABOUR OFFICE
COMMITTEE ON FOA
if the representation
involves FOA
GOVERNING BODY
decides on the receivability
AD HOC TRIPARTITE COMMITTEE
report with findings and recommendations
Decides whether to publish
the representation and any
government reply
GOVERNING BODY
examines the report and adopts it
Decision communicated to the organization and government concerned
International Training Centre of the ILO