1. Overview of standards-related obligations and reporting by Mongolia
Alain Pelcé
Senior International Labour Standards and Labour Law Specialist
ILO Bangkok DWT

2. Obligations of Member States Relating to International Labour Standards
Obligation to submit to competent authorities
Ratification
Reports on ratified Conventions
Reports on Recommendations and unratified Conventions
Information and/or consultation of organizations of employers and workers

3. Submission to the Competent Authority
A Constitutional obligation for all Member States (article 19)
Aims at obtaining a rapid, yet informed, decision on the effect to be given to newly adopted instruments by their submission to the competent authority
Must take place within 12 to 18 months (reminder sent by the Office after 12 months)
Information to be sent to the Office
Information examined by the Committee of Experts on the Application of Conventions and Recommendations (CEACR)

4. Ratification A sovereign decision
Subject to the consent of competent authorities in accordance with domestic constitutional law
Formal instrument of ratification to be communicated to the Director-General of the ILO

5. Ratification
Formal requirements: must clearly identify the Convention, be an original document, signed by a person with authority to engage the State, and clearly convey the intention to be bound
Compulsory declaration to be included for certain Conventions
Optional declarations as to the use of exclusions, exceptions or modifications permitted by certain Conventions
Entry into force: one year after ratification is registered

6. Obligations following entry into force
To apply provisions in law and practice
To report regularly on the application, so as to allow monitoring by ILO supervisory bodies:
Committee of Experts on the Application of Conventions and Recommendations (CEACR)
Committee on the Application of Standards (CAS) of the International Labour Conference

7. Reports on Ratified Conventions
Based on article 22 of the ILO Constitution
Periodic reports:
Three-yearly reports: 8 fundamental Conventions, 4 priority/governance ones
Five-yearly reports: other Conventions
Exemption from reporting for certain outdated Conventions
Requested by subject matter in February/March
Must reach the Office between 1 June and 1 September

8. Reports on Ratified Conventions
First report due one year after the entry into force
Form approved by the Governing Body
Copies of relevant laws and regulations
Position on permitted exclusions, exceptions or limitations
Must reply to all questions set out in the report form
Information on application in practice

9. Reports on Ratified Conventions
Subsequent reports
Simplified: indicate minor changes, provide information on practical application
Detailed: in reply to comments made by the CEACR – can be out of reporting cycle in case of failure to report or to reply to earlier comments (« foot note » of the CEACR or the Conference Committee)

10. Reports on Recommendations and Unratified Conventions
Obligation under article 19 of the Constitution
Purpose: not about compliance, but to assess relevance of the instruments and identify obstacles to their ratification or application – done by the CEACR in a «General Survey»
Each year on a selection of instruments chosen by the Governing Body
Based on a specific report form
Must reach the Office before end of February

11. Involvement of Employers’ and Workers’ Organizations
Constitutional obligation of the Government to communicate copies of information and reports sent to the ILO to the most representative organizations (article 23, paragraph 2, of the ILO Constitution)
Allows these organizations to transmit their own views, to the Government or to the ILO

12. Involvement of Employers’ and Workers’ Organizations
Any organization of employers or workers (not only the most representative ones) can make comments on the application of ratified Conventions
At any time
Whether they have been consulted on the Government’s report or not
Without any formal requirements (just indicate the Convention dealt with), by a letter to the Director General of the ILO

13. Involvement of Employers’ and Workers’ Organizations
When organizations make comments on the application of ratified Conventions, these comments are
Transmitted to the Government, which is asked to provide its own views
Submitted to the CEACR
Mentioned in the report and often reflected in the comments of the CEACR

14. Consultations required by Convention No. 144
Under Convention No. 144, obligation to consult social partners on:
Replies to questionnaire and comments on proposed new instruments
Submission of instruments to competent authorities
Re-examination of unratified Conventions and Recommendations
Reports on ratified Conventions
(according to Recommendation No. 152, on reports on unratified Conventions and Recommendations as well)
Proposals for denunciation of Conventions

15. Nature of consultations required by Convention No. 144
Beyond mere information, but does not imply co-decision or consensus
Parties remain autonomous
Government remains responsible for the final decision

16. Nature of consultations required by Convention No. 144
Consultations must be effective
Must take place before a decision is made
Parties must have all the necessary information well enough in advance

17. Nature of consultations required by Convention No. 144
Must involve the most representative organizations
May involve several organizations
Not necessarily only the largest one(s)
Must enjoy freedom of association
Must freely choose their representatives
Employers and workers equally represented in substance

18. Consultations procedures required by Convention No. 144
Flexibility:
No need to enact legislation
Can be established through national agreement or customary practice
No need to set up a special body
Can be written and/or oral

19. Ratifications by Mongolia
A total of 20 Conventions (15 in force) ratified since 1969
of which 4 ratifications in 2015: the Employment Service Convention, 1948 (No. 88), the Private Employment Agencies Convention, 1997 (No. 181), the Maritime Labour Convention, 2006, and the Safety and Health in Mines Convention, 1995 (No. 176)
including
All the eight fundamental Conventions
Two of the four governance Conventions
Employment Policy Convention, 1964 (No. 122)
Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144)

20. Reporting by Mongolia
2015 – 11 reports on ratified Conventions were due, of which –
5 in application of the regular reporting schedule
5 because they were not provided in the previous year(s)
1 (on Convention No. 159) because of a footnote of the CEACR requesting it outside of the regular schedule
8 of these reports were received
2016 – 6 reports are due, of which –
3 in application of the regular reporting schedule
3 because they were not provided in 2015
2017 – 7 reports should be requested, including –
The 4 first reports on Conventions ratified in 2015