1. The ILO supervisory machinery and the role of TUs
Maura Miraglio, 6 July 2016
International Training Centre of the ILO

2. International Training Centre of the ILO
Outline
Introduction to the ILO supervisory machinery
The regular machinery
The special procedures
Crosscutting:
The role of TUs in the ILO supervisory machinery and its strategic use
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3. Introduction to the ILO supervisory machinery
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4. ILO supervisory machinery
Regular machinery
Is based on member States obligation to report on the application of each ratified Convention
Special procedures
Are based on specific allegations of violation against a member State (complaint-based)
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5. ILO supervisory mechanisms
Regular machinery
Special procedures
Ad hoc Tripartite Committee
Art. 24 representations
Art. 22 reports on ratified Conventions
Constitutional procedures
Committee of Experts on the Application of Conventions and Recommendations (CEACR)
Commission of Inquiry
Observations from partners
(Art. 23(2))
Art. 26 complaints
Art. 19 reports on unratified Conventions and on Recommendations
Committee on Freedom of Association (CFA)
Freedom of association procedures
Conference Committee on the Application of Standards (CAS)
Fact-Finding and Conciliation Commissions on Freedom of Association (FFCC)
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6. International Training Centre of the ILO
The regular machinery
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7. International Training Centre of the ILO
Key elements
Submission and examination of government periodic reports on the application, in law and in practice, of each ratified Convention (Art. 22 ILO Constitution)
Possible observations by workers’ and employers’ organizations on the application of ratified Conventions (Art. 23(2) ILO Constitution)
Annexed to government reports
Sent directly to the ILO
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8. Periodicity of reports
Every 3 years
For fundamental and governance Conventions
Every 5 years
For technical Conventions
Don’t forget
Conventions are grouped by subject
The regular reporting schedule is available online in NORMLEX
Cycles can be altered
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9. International Training Centre of the ILO
Bodies involved
Committee of Experts on the Application of Conventions and Recommendations (CEACR)
Its report is discussed by the Conference Committee on the Application of Standards
Conference Committee on the Application of Standards (CAS)
Its report is submitted to the International Labour Conference and discussed in plenary
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10. International Training Centre of the ILO
About the CEACR
Created in 1926
Consists of 20 high-level jurists from all parts of the world
Appointed by the Governing Body upon proposal made by the ILO Director-General
Appointed for a 3-year renewable term, up to 5 times
Meets each year
In November/December
In private sessions
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11. International Training Centre of the ILO
work
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12. International Training Centre of the ILO
About the CAS
Standing Committee of the International Labour Conference
Tripartite body, consisting of hundreds of members
Examines
the General Survey of the CEACR
cases of serious failure to respect reporting and other standards-related obligations
24 individual cases relating to the application of ratified Conventions
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13. International Training Centre of the ILO
work
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14. Regular supervisory process
By 1 September
GOVERNMENTS
SUBMIT REPORTS
ON RATIFIED
CONVENTIONS
WORKERS AND
EMPLOYERS
MAY COMMENT
November / December
CEACR
REVIEWS ALL
INFORMATION
March / April
SENDS DIRECT
REQUEST TO
GOVERNMENTS,
WORKERS’ AND
EMPLOYERS’
ORGANIZATIONS
February
PUBLISHES
OBSERVATIONS
IN ITS
ANNUAL REPORT
June
CONFERENCE
DISCUSSES
AND ADOPTS
THE CAS
REPORT
IN PLENARY G W E
CAS
THE CEACR REPORT AND
A SELECTION
OF OBSERVATIONS
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15. International Training Centre of the ILO
CEACR comments
Observations
In more serious or long-standing cases of failure to fulfil obligations; and in cases of progress
Reproduced in the Report of the CEACR submitted to the CAS
Direct requests
Relate to technical questions or when further information is needed; also for first reports
Not published in the Report of the CEACR, but communicated directly to governments concerned
Don’t forget
All comments are available online in NORMLEX
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16. International Training Centre of the ILO
CEACR annual Report
Report III(1A)
Reader's note
General Report (Part I)
Observations concerning particular countries (Part II): on the sending of reports, the application of ratified Conventions and the obligation to submit ILS
Report III(1B)
General Survey
Report III(2)
Information document on ratifications and standards-related activities
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17. International Training Centre of the ILO
CEACR General Surveys
Present the state of legislation and practice in all member States on a subject chosen each year by the Governing Body
Are issued by the CEACR using information coming from governments, workers’ and employers’ organizations, regardless of ratification of the Conventions concerned
E.g. subjects
2018: Instruments on working time
2017: Instruments concerning occupational safety and health
2016: Instruments concerning migrant workers
2015: Right of association and rural workers’ organizations instruments
2014: Minimum wage fixing instruments
2013: Labour relations and collective bargaining in the public service
2012: Fundamental Conventions
Don’t forget
All report forms are available online in NORMLEX
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18. International Training Centre of the ILO
CEACR and CAS Reports
CEACR Report
(Report III(1A))
CEACR General Survey
(Report III(1B))
(Report III(2))
CAS Report
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19. Figures from 2016 CEACR Report
2,336 reports on the application of ratified Conventions requested
38% received by 1 September 2015
69.7% received by the end of the CEACR session
None of the reports due for the past two or more years received from 14 countries
No first reports received for the past two or more years received from 7 countries
532 reports contain information on practical application
1,019 observations from the social partners
714 from workers’ organizations
433 on the application of Fundamental Conventions, 97 on Governance Conventions, 288 on other Conventions, 201 on the General Survey
626 observations transmitted directly to the Office, 192 observations transmitted by governments
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20. The special procedures
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21. International Training Centre of the ILO
Special procedures
Constitutional procedures
Representations (Art. 24 ILO Constitution)
Complaints (Art. 26 ILO Constitution)
Can be used for non-observance of any ratified Convention
Freedom of association procedures
For infringements of freedom of association and collective bargaining only
Regardless of ratification of the relevant Conventions or consent
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22. Constitutional procedures
Representations (Art. 24 ILO Constitution)
Submitted by: workers’ or employers’ organizations
Receivability criteria to be met
Supervisory body involved: tripartite Committee, consisting of three persons among Governing Body members
Relevant provisions: Arts ILO Constitution and Standing Orders concerning the procedure for the examination of representations under articles 24 and 25 of the Constitution of the International Labour Organization
Complaints (Art. 26 ILO Constitution)
Submitted by: any member State that has ratified the Convention; one or more delegates at the International Labour Conference; the Governing Body of its own motion
Supervisory body involved: Commission of Inquiry, consisting of three independent experts appointed by the Governing Body
Relevant provisions: Arts , ILO Constitution
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23. Art. 24 representation checklist
In writing
From an organization of workers or employers
National or international
Not necessarily affected by the matter
Specific reference to Article 24 of the ILO Constitution
Against a member State of the ILO
On a ratified Convention
Explain to what respect the effective observance of the Convention has not been ensured
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24. Art. 24 representation procedure
BY WORKERS’ OR
EMPLOYERS’
ORGANIZATIONS
IS SUBMITTED
TO THE ILO
GOVERNMENT
CONCERNED
IS INFORMED
TO GOVERNING
BODY
GOVERNING
BODY SENDS
TO COMMITTEE
ON FREEDOM
OF ASSOCIATION
BODY APPOINTS
TRIPARTITE
COMMITTEE
BODY DECIDES NOT
TO RECEIVE THE
COMMITTEE ASKS
FOR INFORMATION
AND SUBMITS
REPORT WITH
CONCLUSIONS AND
RECOMMENDATIONS
ASKS FOR A
COMMISSION OF INQUIRY
TO DEAL WITH THE
MATTER AS
A COMPLAINT
UNDER ARTICLE 26
ADOPTS REPORT,
AND PASSES CASE
TO CEACR FOR
FOLLOW-UP
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25. Art. 26 complaint procedure
GOVERNING
BODY
MAY
APPOINT A
COMMISSION OF
INQUIRY
FORWARDS
COMPLAINT TO
COMMITTEE
ON FREEDOM
OF ASSOCIATION
PASSES CASE TO
CEACR FOR
FOLLOW-UP
COMMISSION
OF INQUIRY
INVESTIGATES
COMPLAINT AND
ADOPTS REPORT
WITH FINDINGS AND
RECOMMENDATIONS
ILO
PUBLISHES
REPORT
BODY MAY
TAKE ACTION
UNDER
ARTICLE 33
MEMBER
STATE OR
INTERNATIONAL
LABOUR CONFERENCE
DELEGATE OR
GOVERNING BODY
INITIATES
COMPLAINT
GOVERNMENT
ACCEPTS
RECOMMENDATIONS
OR MAY APPEAL
TO THE INTERNATIONAL
COURT OF JUSTICE
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26. International Training Centre of the ILO
FOA procedures
Fact-Finding and Conciliation Commission on Freedom of Association (FFCC)
Committee on Freedom of Association (CFA)
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27. International Training Centre of the ILO
About the CFA
Established in 1951 by the GB
Governing Body tripartite organ, with 6 representatives from each group
Chaired by an independent person
Meets three times a year
In March
In May
In October/November
In private sittings
Decisions are taken by consensus
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28. International Training Centre of the ILO
About the CFA (cont’d)
Written procedure
On-the-spot missions and hearing of the parties possible
May examine complaints regardless of ratification
Not subject to prior exhaustion of national remedies
May examine complaints even without the government’s replay
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29. International Training Centre of the ILO
Complainants
Workers’ or employers’ organizations
National, having direct interest in the matter
International, having consultative status with the ILO
International, where allegations relate to matters directly affecting affiliated organizations
Also if exiled or dissolved
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30. FOA complaint checklist
To the Committee on Freedom of Association (via the Director General)
In writing
Date and permanent address of the complainant
Against a government
Information about the complainant
The facts, with very detailed description: who, where, when, why
Evidence (e.g. judicial decisions, pictures, media reports)
Signature
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31. FOA complaint procedure
GOVERING BODY
ADOPTS
THE REPORT
DIRECT
CONTACTS OR
OTHER
MISSIONS MAY
BE INITIATED
FOLLOW-UP BY
CFA G W E
CFA REVIEWS COMPLAINT
AND ISSUES CONCLUSIONS AND
RECOMMENDATIONS
COMPLAINT
IS SUBMITTED
TO THE
CFA
BY WORKERS’ OR
EMPLOYERS’
ORGANIZATIONS
IF THE
GOVERNMENT
HAS RATIFIED
RELEVANT
CONVENTIONS,
THE CASE MAY
ALSO BE REFERRED
TO THE CEACR
FOR FOLLOW-UP
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32. International Training Centre of the ILO
CFA reports
Interim
Additional information is needed either from the government or from the complainant
Follow-up
The CFA wants to leave the matter open in order to follow developments before closing the case and asks the government to be kept informed about developments
Definitive
There is no violation; or the case is closed and no further examination is needed
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33. Special procedures in numbers
Representations (Art. 24 ILO Constitution)
168 received
71 in Europe, 63 in Americas, 11 in Asia, 10 in Africa, 5 in the Arab States
Approx. duration of procedure: 20 months
Complaints (Art. 26 ILO Constitution)
30 received and 12 Commissions of Inquiry established
Approx. duration of procedure: 19 months
Complaints on freedom of association
(6 examined by FFCC)
over 3,100 examined by CFA
49% in Latin America, 21% in Europe, 12% in Asia and Africa, 6% North America
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34. Wrap up on TUs role and strategic use
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35. International Training Centre of the ILO
Don’t forget
Provide comments, via the government or directly to the ILO, on:
the application of ratified Conventions (Art. 22 ILO Constitution)
the effect given to non ratified Conventions and to Recommendations (General Surveys, Art. 19 ILO Constitution)
Participate in identification of long list of cases to be discussed by CAS, through the workers’ group
Participate in identification of short list of 24 cases to be discussed by CAS, through the workers’ group
Participate in CAS discussion
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36. International Training Centre of the ILO
Dont’ forget (Cont’d)
Submit representations (Art. 24 ILO Constitution)
Participate in Governing Body discussion on the receivibility of representations
Participate in Governing Body discussion on the establishment of Commissions of Inquiry further to complaints (Art. 26 ILO Constitution)
File freedom of association complaints
Follow-up on the comments and recommendations of the ILO supervisory bodies and their implementation
Participate in tripartite missions in the context of ILS supervision (CAS conclusions and CFA)
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37. International Training Centre of the ILO
THANK YOU FOR THE
ATTENTION!
Maura Miraglio
ITCILO International Labour Standards, Rights at
Work and Gender Equality Programme
International Training Centre of the ILO