1. ILO Supervisory system and the fight against forced labour
Rosinda Silva
NORMES
Turin, May 2016

2. HOW ARE ILS USED?

3. Constitutional provision
SUBMISSION OF ILS
Constitutional provision
member States have an obligation to submit all instruments to the competent
authorities, in the 12 months following their adoption
Aim
to promote the implementation of ILO standards and, in the case of Conventions and
Protocols, to promote their ratification
Related obligations
to inform the Director-General on the measures taken to submit the instruments
to send copies of the report to the representative organizations of employers’ and
workers

4. RATIFICATION
Is the formal commitment by a member State to be bound by the provisions of a
Convention or a Protocol under international law
Cannot involve reservations
Consequences:
Member States should implement the Convention, both in law and in practice
Member States become subject to an international supervision

5. ILO SYSTEMS OF SUPERVISION
Regular system of supervision
is based on the ratification of a Convention and a reporting obligation on its
application
Special systems of supervision
involve cases of specific allegations of violations against a member State

6. REGULAR SYSTEM OF SUPERVISION
Obligation to submit periodical reports on the measures taken to give
effect to the provisions of a ratified Convention, both in law and practice
Article 22 of the ILO Constitution
Obligation to send copies of the reports to the most representative
workers’ and employers’ organizations
Article 23, paragraph 2 of the ILO Constitution
The role of the social partners in the implementation of the Protocol will be
Crucial. See Brasil, Mauritania, Peru, Thailand

7. COMMITTEE OF EXPERTS ON THE APPLICATION OF
CONVENTIONS AND RECOMMENDATIONS
Composition: 20 persons
with eminent qualifications in the legal field
appointed by the Governing Body upon proposal made by the Director-General
independent, impartial and objectives
Characteristics
Dialogue with Member States
Explain the meaning and scope of the provisions of the Conventions

8. ART. 22 REPORTING PROCEDURE
Governments’
information and reports
Social partners’
comments
INTERNATIONAL LABOUR OFFICE
COMMITTEE OF EXPERTS ON THE APPLICATION OF
CONVENTIONS AND RECOMMENDATIONS
Direct requests
sent to the government and the social
partners in the country concerned
Observations
published in its Report
ILC CONFERENCE COMMITTEE ON THE APPLICATION STANDARDS
Every year a number of cases are discussed relating to violations of the forced labour conventions (identified by the CEACR or chosen by the social partner: see for example the cases of Malaysia/ Belarus/ Uzbekistan)

9. SPECIAL SYSTEMS OF SUPERVISION
1. representations under Article 24 of the ILO Constitution
2. complaints under Article 26 of the ILO Constitution
both require that the Convention concerned be ratified
3. freedom of association procedures
allegations may be brought against member States even if they have not
ratified the Convention concerned

10. In order to be receivable, the representation must:
REPRESENTATION (ART. 24)
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 Convention
indicate in what respect the member has not ensured the effective observance
of the Convention within its jurisdiction

11. ART. 24 REPRESENTATION PROCEDURE
Workers’ or
employers’
organization
INTERNATIONAL LABOUR OFFICE
GOVERNING BODY
decides on receivability
AD HOC TRIPARTITE COMMITTEE
report with conclusions and recommendations
GOVERNING BODY
examines and adopts the report
See the representations submitted against Chile, United Kingdom, United Arab Emirates, etc…

12. ART. 26 COMPLAINT PROCEDURE
Any ratifying member
State
Governing Body ex officio
International Labour
Conference delegate
GOVERNING BODY
COMMISSION OF INQUIRY
report including findings and recommendations
GOVERNING BODY
The government accepts
the recommendations
The government does not accept
the recommendations. It may refer the
complaint to the ICJ
CEACR
follows up on the implementation
of the recommendations
Examples of Myanmar / Qatar