© International Training Centre of the ILO International Labour Standards and the ILO Supervisory System: tools to defend workers’ rights Geneva, October 2014

© International Training Centre of the ILO 2007 International Training Centre of the ILO

© International Training Centre of the ILO 2007 ILO Standards system implies: Adoption of international labour standards … … Supervision of their application through the work of relevant bodies

© International Training Centre of the ILO International Labour Standards: form and legal value CONVENTIONS: International treaties open to ratification by Member States When ratified, are legally binding If not ratified, source of inspiration Total:189 (82 up-to-date) RECOMMENDATIONS: Not open to ratification; not legally binding Can complement Conventions or be adopted alone Provide guidelines for national policy and action Total: 203

© International Training Centre of the ILO 2007 ILS characteristics TRIPARTISM: Fruit of a tripartite consensus MINIMUM PROTECTION: Fix a minimum level of protection UNIVERSALITY: Set at the world level FLEXIBILITY: Take into account the needs of all ILO member States

© International Training Centre of the ILO 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 2007 ILS can be used to complement and support national trade union action: Before ILO supervisory mechanisms In the context of labour law reform  Possibility to request ILO comments on draft laws Before judicial bodies  As the main basis for settling of a dispute  As a guide for interpretation  To strengthen a national decision

© International Training Centre of the ILO 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 COMMITTEE OF EXPERTS ON THE APPLICATION OF CONVENTIONS AND RECOMMENDATIONS examines reports, comments and related information Direct requests sent to the government and the social partners in the country concerned TRIPARTITE CONFERENCE COMMITTEE ON THE APPLICATION STANDARDS examines the CEACR’ Report and discusses a selection of cases INTERNATIONAL LABOUR CONFERENCE discusses and adopts the Committee’s Report in plenary Governments send reports 1st June – 1st September June November & December Observations published in the CEACR’ Report Social partners may comment INTERNATIONAL LABOUR OFFICE February March The Regular Supervisory Process

© International Training Centre of the ILO The Committee of Experts on the Application of Conventions and Recommendations Consists of 20 persons With eminent qualifications in the legal field Appointed by the Governing Body upon proposal made by the Director-general Appointed for renewable 3 year term Independent, impartial and objectives

© International Training Centre of the ILO

© International Training Centre of the ILO 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

© International Training Centre of the ILO 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 2007 The Committee on Freedom of Association lEstablished in 1951 lTripartite committee of the Governing Body, comprised of six representatives for each group chaired by an independent person lMeets three times a year (March, May and November) private session

© International Training Centre of the ILO The Committee on Freedom of Association

© International Training Centre of the ILO 2007 Deals with the complaints filed against the government for violation of the conventions and principles on FOA Legislative as well as factual examination even without ratification or consent Not subject to the prior exhaustion of national remedies Decisions adopted unanimously Digest (jurisprudence) The Committee on Freedom of Association

© International Training Centre of the ILO 2007 The Committee on Freedom of Association Complaints must emanate from: National organization having direct interest in the matter International organization having consultative status with ILO (ITUC, IOE) International organization where allegations relate to matters directly affecting their affiliated organizations A government

© International Training Centre of the ILO International Training Centre of the ILO 19 Article 24 Representations Who can make a representation? Any employers’ or workers’ organization In order to be receivable, the representation must: Be in writing Emanate from an industrial organization of workers or employers Specifically refer to Article 24 of the ILO Constitution Concern a member of the ILO Refer to a ratified Conventions Indicate to what respect the member has not ensured the effective observance of the Convention within its jurisdiction

© International Training Centre of the ILO International Training Centre of the ILO 20 TRIPARTITE COMMITTEE asks the government for information and submits a report with findings and recommendations Employers’ or workers’ organization COMMITTEE ON FREEDOM OF ASSOCIATION if the representation involves trade unions’ rights GOVERNING BODY decides on receivability and appoints a Tripartite Committee INTERNATIONAL LABOUR OFFICE informs the government concerned and submits the representation to the GB Decides whether to publish the representation and any government reply Decision communicated to the organization and government concerned GOVERNING BODY examines the report and adopts it The Representation Procedure

© International Training Centre of the ILO International Training Centre of the ILO 21 Article 26 Complaints Who can file a complaint? Any ratifying member State The Governing Body ex officio One or more delegate to the Conference (government, employer or worker delegate)

© International Training Centre of the ILO International Training Centre of the ILO International Labour Conference delegate Governing BodyRatifying Member State GOVERNING BODY may appoint a Commission of Inquiry COMMISSION OF INQUIRY investigates the complaint and prepares a report with findings and recommendations GOVERNING BODY notes the report If the government accepts the recommendations If the government does not implement the recommendations COMMITTEE OF EXPERTS follows up on their implementation GOVERNING BODY may take action under Art. 33 of the ILO Constitution Member States must cooperate with the COI The Complaint Procedure

© International Training Centre of the ILO International Training Centre of the ILO 23 Trade unions may incorporate the use of ILS in their strategies by: Promoting their ratification Sending comments on the application of ratified conventions (article 22) and the effect given to recommendations and non ratified conventions (article 19) Filing complaints when considered appropriate Following up the comments and recommendations of the supervisory bodies at national and supra national levels * * *