Employers' Handbook on ILO Standards-related Activities

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IV. The implementation of ILS General remarks ILS, once adopted by the ILC, only have an impact when they find their way into the law and practice of member States. Therefore, ILO constitutional provisions, in particular those regarding submission, seek to establish a link between ILS and the competent institutions at national level. The purpose of establishing this link, however, is to promote and facilitate implementation, not to impose it. Hence, unless a member States has voluntarily committed itself (by ratification) to implement a Convention, there is no constitutional obligation for it to do so. Although implementation of ILS and the preceding decisions are primarily a government responsibility, employers’ and workers’ organizations, both at national and international level, have significant contributions to make in this regard. This is reflected in two ILC resolutions of 1971 and 1977 calling for the strengthening of tripartism, as well as in Convention No. 144 and Recommendation No. 152 regarding Tripartite Consultation (the contents are explained in more detail below and the texts of both instruments appear in Appendix 3). Submission to the competent authorities New ILS, after their adoption by the ILC, are communicated by the ILO secretariat to all member governments (art. 19, paras. 5 (a), 6 (a), ILO Constitution). Member governments are then required to submit the new ILS to the competent national authorities within one year after the closing of the ILC or within 18 months in exceptional circumstances (art. 19, paras. 5 (b), 6 (b), 7 (a) and (b) (i), ILO Constitution). The objective of submission is officially to inform the competent national authorities of the adoption of a new ILO instrument. Through this formal act, the competent authorities are enabled to examine the new ILS and decide whether it would be appropriate – immediately or later – to implement it or to ratify and implement it in the case of Conventions. They can also determine the legal or administrative measures that would be required in this case. A GB Memorandum concerning the obligation to submit Conventions and Recommendations to the competent authorities contains additional explanations as to the content and scope of the submission obligation: 19
20 EMPLOYERS’ HANDBOOK ON ILO STANDARDS-RELATED ACTIVITIES l Competent national authority: This is the body that has the power to enact legislation or to take other action to implement the instrument. Usually this is the parliament; however, depending on national rules, it may be a different body. l Form of submission: The submission “should always be accompanied or followed by a statement or proposals setting out the government’s views as to the action to be taken on the instruments”, since “Article 19 of the Constitution is clearly aimed at obtaining a decision from the competent authorities”. l Extent of submission: It is emphasized in the Memorandum that “governments have complete freedom as to the nature of the proposals to be made” to the competent authorities and that submission “does not imply any obligation to propose the ratification or application of the instrument in question”. Thus, a government may, in full accordance with the above ILO constitutional rules, propose that the competent authorities not ratify a Convention or that a decision in this regard be postponed. Employers’ and workers’ organizations, first of all, must be informed by their government that it has fulfilled the submission obligation (Art. 23, para. 2, ILO Constitution; for more detail see Chapter V). Over and above that, governments should consult representative organizations of employers and workers on “… the proposals to be made to the competent authority or authorities in connection with the submission of Conventions and Recommendations …” (Art. 5, para. 1 (b) of Convention No. 144 and Para. 5 (b) of Recommendation No. 152). These consultations are obligatory for countries which have ratified Convention No. 144. As a result of this information/consultation, employers know whether, when and in what way the government intends to implement a new instrument. They are in a position to comment on the government’s plans or to present their own proposals. For example, they may specify why, in their view, the ratification or the intended way of implementing a particular Convention would or would not correspond to the needs of employers in the country, generally or at present. For more detail, see: l ILO: Revision of the Memorandum concerning the obligation to submit Conventions and Recommendations to the competent authorities, GB.212/SC/4/1 (Geneva, 1980). l ILO: <strong>Handbook</strong> of procedures relating to international labour Conventions and Recommendations, Rev. 2 (Geneva, 1998). Ratification and implementation of Conventions Under international law, ratification of a Convention is the voluntary undertaking by a member State to apply the Convention’s provisions in national law and practice. The main purpose of ratification is to promote, through international legal commitments, the application of labour standards in member States. In addition, ratification has the following significant functions:
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Subject matter Up-to-date instrumen
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