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ILO SUPERVISORY MECHANISMS (From actrav courses)

ILO SUPERVISORY MECHANISMS (From actrav courses). regular system of supervision. is based on the ratification of a Convention and a reporting obligation on the measures taken to give effect to its provisions. special systems of supervision.

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ILO SUPERVISORY MECHANISMS (From actrav courses)

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  1. ILO SUPERVISORY MECHANISMS (From actrav courses) regular system of supervision • is based on the ratification of a Convention and a reporting obligation on the measures taken to give effect to its provisions special systems of supervision • involve cases of specific allegations against a member State

  2. REGULAR SYSTEM OF SUPERVISION • obligation to submit 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 on ratified Conventions to the most representative workers’ and employers’ organizations Article 23, paragraph 2 of the ILO Constitution

  3. PERIODICITY every 2 years for fundamental and priority Conventions: unless w/e’ comments • Freedom of Association and Protection of the Right to Organise Convention , 1948 (No. 87) • Right to Organise and Collective Bargaining Convention, 1949 (No. 98) • Forced Labour Convention, 1930 (No. 29) • Abolition of Forced Labour Convention, 1957 (No. 105) • Equal Remuneration Convention, 1951 (No. 100) • Discrimination (Employment and Occupation) Convention, 1958 (No. 111) • Minimum Age Convention, 1973 (No. 138) • Worst Forms of Child Labour Convention, 1999 (No. 182) • EmploymentPolicyConvention, 1964 (No. 122) • Labour Inspection Convention, 1947 (No. 81) • Labour Inspection (Agriculture) Convention, 1969 (No. 129) • Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) every 5 years for other Conventions: unless w/e comments

  4. COMMITTEE OF EXPERTS ON THE APPLICATION OF CONVENTIONS AND RECOMMENDATIONS 20 persons • with eminent qualifications in the legal or social fields • appointed by the Governing Body upon proposal made by the Director-General • appointed for 3 year term, being renewable • independent, impartial and objectives characteristics • decisions taken unanimously, although majority required • sittings held in private • documentary evidence

  5. TRIPARTITE CONFERENCE COMMITTE ON THE APPLICATION OF STANDARDS usually well over 150 members • from the three groups of delegates and advisers characteristics • specially established to examine and discuss the CEACR’s Report • decisions taken by consensus, although voting is required • provides opportunity for direct international dialogue on the implementation of international labour standards

  6. PROCEDURE Governments’ information and reports Social partners’ comments 1st June – 1st September INTERNATIONAL LABOUR OFFICE COMMITTEE OF EXPERTS THE APPLICATION OF CONVENTIONS AND RECOMMENDATIONS November & December Direct requests sent to the government and the social partners in the country concerned February Observations published in its Report March CONFERENCE COMMITTEE ON THE APPLICATION STANDARDS June Report submitted to the plenary sitting of the INTERNATIONAL LABOUR CONFERENCE June

  7. 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 procedure • allegations may be brought against member States even if they have not ratified the Convention concerned

  8. 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

  9. REPRESENTATION PROCEDURE (ART. 24) Workers’ or employers’ organization INTERNATIONAL LABOUR OFFICE COMMITTEE ON FOA if the representation Involves FOA GOVERNING BODY decides on receivability TRIPARTITE AD HOC COMMITTEE report with conclusions and recommendations GOVERNING BODY examines the report and deliberates decides whether to publish the representation and any government reply the decision is communicated to the organization and government concerned

  10. COMPLAINT PROCEDURE (ART. 26) Any ratifying member State Governing Body International Labour Conference delegate GOVERNING BODY COMMISSION OF INQUIRY report including conclusions and recommendations GOVERNING BODY if the government implements the recommendations if the government does not accepts the recommendations CEACR follows up on the implementation of the recommendations may refer the complaint to the CIJ for a final decision

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