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Published byJeremy Hunt Modified over 9 years ago
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ILO Supervisory System
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Three tracks The regular supervisory system (articles 19, 22 and 35), supplemented by: The regular supervisory system (articles 19, 22 and 35), supplemented by: Constitutional complaints Constitutional complaints Freedom of Association procedures Freedom of Association procedures
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Government reports Employers and workers (art. 23) Committee of Experts Conference Comittee Article 22: ratified Conventions & procedural requirements Direct requests observations
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All ratified Conventions: general report every year (except shelved Conventions) 12 priority Conventions: 2-year cycle for detailed reports All other ratified Conventions: 5-year cycle for detailed reports Cycle can be altered by: workers’/employers’ comments Experts/Conference comments failure to report Supervision suspended by direct contacts
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Constitutional Complaints ratified Conventions only Representations (art. 24) workers’/employers’ workers’/employers’organizations Complaints (art. 26) State or Delegate or GB Governing Body Committee of Experts Commission of Inquiry
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Freedom of Association special procedures regardless of ratification Governments GB Conference Workers’/employers’ organizations GB Committee on FA Fact-Finding and Conciliation Commission If Conventions ratified, returns to Committee of Experts after complaint examined - if not, followed up by CFA
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Complementarity of procedures Same question cannot be dealt with at the same time by different procedures -Committee of Experts suspends consideration of points covered by art. 24 representation or art. 26 complaint, or in CFA complaint - - Problem came up once in 1995: Russia C 95 – problem now corrected - Supervision suspended during direct contacts
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Progressive supervision Examination by Committee of Experts Examination by Committee of Experts - direct requests remain in CE - observations published, submitted to: Conference Committee Conference Committee - may decide to discuss individual cases Representation or complaint Representation or complaint - then back to Experts Article 33 to follow up complaints Article 33 to follow up complaints
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Assistance to complement supervision All comments by supervisory bodies backed up by offer of help: informal advice from NORMES formal interpretations Direct contacts MDT specialists in regions legislative assistance seminars or whatever help is useful
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