1. The Regular Procedures
TRADE UNION TRAINING ON ILS
The Regular Procedures
for Supervising the Application of ILS-
The Role of Trade Unions
Turin, November 29th, 2016
Victor Hugo Ricco
ACTRAV- ILO

2. Objectives of the presentation
Describe the main provisions regarding the Regular Supervisory Mechanisms and the role of trade unions.
Trigger the discussion on how trade unions can make a strategic use of the benefits linked to these mechanisms.

3. Main characteristics that make unique the ILO in the UN system.
Standards setting organisation. Role of TU.
Constituents define the topics of the world of work to be subject to a standard setting process / debate one or two years / adopt the standard / obligation to submit / ratification stage / Implementation (Application) and monitor supervision.
Tripartism.
Social partners are active in the decision making process in the ILO, but the State Members are the ones with the formal obligation to implement ILS in particular the ratified convention/protocol. All constituents are expected to respect ILS but the formal obligation, subject to the ILO Supervisory Machinery, lies on the States Members.

4. Function of the ILO Supervisory Mechanisms
Supervise the application of ILO Member States obligations stemming from ILS.
In so doing, clarify the meaning and scope of ILS provisions.
Through their action, a body of “case law” has been progressively built up.

5. Description of the main provisions regarding the Special Supervisory Mechanisms and the role of trade unions.

6. ILS regular supervisory process
Governments submit
Reports ofn RATIFIED CONVENTIONS or
PROTOCOLS
Social partners may
Comment (It is a right)
1st June – 1st September
INTERNATIONAL LABOUR OFFICE
November
&
December
COMMITTEE OF EXPERTS ON THE APPLICATION OF
CONVENTIONS AND RECOMMENDATIONS
Examines reports from Members and comments from social partners
Direct requests
sent to the government and available online
for the social partners – NOT FOR CAS
February
Observations
published in the CEACR’s Report
ONLY THESE CAN BE SELECTED for THE CAS
March
TRIPARTITE CONFERENCE COMMITTEE ON THE APPLICATION STANDARDS (CAS)
Examines the CEACR’s report and discusses the selection of cases
June
Presentation of the Report to the
INTERNATIONAL LABOUR CONFERENCE
and adoption in plenary

7. Relevant Constitutional provisions
Art. 22 ILO Constitution ( I suggest you to read it)
Member States obligation to periodically report on the application, in law and in practice, of each ratified Convention and related ratified Protocol.
Art. 23(2) ILO Constitution ( I suggest you to read it)
Member States have an obligation to communicate copies of the reports on the application of ratified Conventions to the most representative organizations of employers and workers.

8. 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.

9. A) The Committee of Experts on the application of Conventions and Recommendations (CEACR)
Created in 1926
Consists of 20 eminent jurists from different geographic regions, legal systems and cultures.
Appointed by the Governing Body upon proposal made by the DG.
Appointed for renewable 3 year term.
Independent, impartial and objective.
Elaborates a yearly report (including the Observations, the General Survey etc…)

10. Periodicity of reports
REGULAR CYCLE REPORTING.
Every 3 years.
Fundamental Conventions
Governance Conventions
Every 5 years.
Technical Conventions, grouped by subject
See the regular reporting schedule in NORMLEX.
Cycles can be altered!
Out of cycle reports.
When CEACR so requests, on its own initiative or on that of the CAS.
When CEACR is called on to consider follow-up to special supervisory proceedings.
When comments have been received from employers’ or workers’ organizations (grave violations that justify the out of cycle request).
When no report is supplied or no reply is provided to comments made by the supervisory bodies.

11. Content of reports Detailed reports
Should be in the form approved by the Governing Body for each Convention.
All forms are available in NORMLEX.
Simplified reports
Replies to the comments of the supervisory bodies.
Info on changes in legislation and practice affecting the application of the Convention and on nature of changes.
Statistics and other info, as prescribed by the Convention
Employers’ and workers’ organizations to which copies of the report have been communicated.
Observations of employers’ and workers’ organizations.

12. CEACR comments to the reports
Observations
In more serious or long-standing cases of failure to fulfil obligations.
In cases of progress.
Reproduced in the annual report of the CEACR submitted to the CAS.
Subject to the list of cases defined by the EG and the WG.
Direct requests
Relate to technical questions or to request further information.
Not published in the annual report of the CEACR, but communicated directly to governments concerned.
All comments are available in NORMLEX.
Social partners can follow up on the requests and report on it.

13. CEACR report Report III (Part 1A) Reader’s note General Report
Observations concerning particular countries
Report III (Part 1B)
General Survey
Report III (Part 2)
Information document on ratifications and standards- related activities

14. CEACR and CAS reports for 2015
CEACR annual report (Report III(1A))
CEACR General Survey (Report III(1B))
CAS annual report
CEACR annual report (Report III(1A))

15. To wrap up…Examination on the application of ratified conventions
Constitutional obligation (art 22).
Examines Government reports and comments from social partners on implementation in law and practice.
Reporting cycle :
3 years for the 8 Fundamental and the 4 Governance Conventions (since 2012).
5 years for the technical conventions.
Makes 2 types of comments:
Observations
Direct requests
Latest tendency….. More DR instead of Observations. Implications of this….

16. Suggestions for the strategic use of this mechanism.
Seize the possibility of providing comments in law and practice on ratified conventions.
If C 144 is ratified, demand the formal participation. Be aware of the obligation under Art 23 of the ILO Constitution.
Present the facts in a detailed manner with all evidence included in order to allow the experts to understand and act in consequence. In many Observations they quote the information received.
Seek support on the comments ( i.e. ITUC)
It is better to have one comment signed by many organizations than different comments that could confuse the facts.
Have the reporting cycle of your country in order to be prepared to send comments on each ratified convention before Sept 1 each year.
Strategically use of the opportunity that General Surveys provide to TUs. Next topics (OSH, Working time, SPF)
Make a calendar of deadlines (GS 28 Feb for Gov, 30 June for Social partners; 1 Sept for regular reporting cycle, etc..)
Use previous language used by the ILO Supervisory Mechanisms with regards to the violation alleged and the conduct requested to the Member.
Follow up on the Observations and Direct Requests.

17. B) The Conference Committee on the Application of Standards (CAS)
Consists of well over 150 members.
From the three groups of delegates and advisers. Once registered trade unions representatives can participate.
Charged with examination of the Committee of Experts’ Report and discussion of selected cases (24 since the joint agreement on 2015).
Permanent tripartite Committee of ILC. It is called many times the CONFERENCE COMMITTEE.
Follow-on work from the Committee of Experts’ General Report in particular the General Survey and the selected observations (cases).
Discussion over 24 individual countries that face allegations of breaches to ILO Conventions identified by the CEACR and selected by the Employers and Workers Groups and adopts conclusions.
Conclusions elaborated by the social partners vice-chairs.
CAS report adopted by the ILC in plenary.

18. ILO’s Governing Body Room
Governments
Employers
Workers
ILO’s Governing Body Room

19. SELECTION OF CASES - IMPLICATIONS
Decision on the Preliminary list of 40ish countries. A month before the CAS, taking into account regional priorities selected in avance. Employers and Workers Groups decide…
Decision of the final (short) list of 24 cases in the second sitting of the CAS. Before it used to be 25. A MONTH LEVERAGE OPPORTUNITY.
Cases of progress could be added but on top of the 24 cases.
Informal tripartite working group on the working methods of the CAS. Governments try to push, with no sucess so far, to have a standardised selection of cases, with regional balance, on a rotating basis, not always the same country etc…
Explanation of the selection of the cases (double-footnoted cases, Fundamental, Priority and Technical Conventions, inaction, etc..)

20. CAS Sessions ILC of 2 weeks.
First General Speeches on the whole report of the CEACR.
Discussion on the General Survey. Elaboration of the “outcome”.
Discussion of the cases by french alphabetic order after the “double-footnoted cases”.
Sessions specifically for adopting the conclusions.
Special paragraphs in some grave cases.
Possible actions that could be requested: missions of direct contacts, tripartite missions, technical assistance from the ILO, etc…
Follow up cases. The ILS Department, ACTRAV, ITUC etc…

21. Suggestions for the strategic use of this mechanism.
Make sure that your comments on your country’s application of the ratified conventions are comprehensive enough to support good observations that will be the base for the selection of the cases.
Advocate for the selection at the regional level of the preliminary list and the short list of cases at the Global level.
Use the month period between the announcement of the Preliminary list of approximately 40 cases, for negotiating with the government in order to allow action to avoid ending up in the short list in the CAS.
If you participate in the ILC, liaise with the Workers Group in the CAS on the different cases . You can take the floor in the debate of any of the 24 selected countries.
Promote active participation in the adopted conclusions and recommendations of the CAS including most likely the missions taking place in your country.
Get involved in the follow up actions by the Office.
ACTRAV also works on follow up actions, another source of participation.

22. EMPOWERMENT WORKERS ORGANISTATION PROTECTION WORKER’S RIGHTS
Victor Hugo Ricco
ACTRAV.