Employers' Handbook on ILO Standards-related Activities

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EMPLOYERS’ HANDBOOK ON ILO STANDARDS-RELATED ACTIVITIES
the practical application, which is after all the final purpose. Incidentally, important
conclusions on the practical application of ILO instruments in general in a
given country can be drawn from the Article 22 reports on Convention No. 81
regarding Labour Inspection (if ratified by the country).
3. Effect given to ratified Conventions in non-metropolitan territories (Art. 35, ILO
Constitution)
The substance of the information requested under this provision corresponds
to that requested under Article 22. The difference is that it relates to the application
of ratified Conventions by member States in non-metropolitan countries for whose
international relations they are responsible. With many former colonies gaining
independence, this provision has become less relevant over recent decades.
4. Position of law and practice regarding unratified Conventions (Art. 19, paras.
5 (e), 7 (a), (b) (iv), ILO Constitution) and Recommendations (Art. 19, para.
6 (d), 7 (a), (b) (v), ILO Constitution)
In addition to reporting on ratified Conventions, every year, the GB chooses
one or more Conventions (and accompanying Recommendations) of current interest
and calls upon those member States which have not ratified them to report on
the position of their law and practice. As far as the accompanying Recommendation
is concerned, all member States are requested to report. For instance, such
reports were requested, in 2001, on the Dock Work Convention (No. 137) and
Recommendation (No. 145), 1973. Governments are expected to report on the
extent to which effect has been given, or is proposed to be given, to these instruments,
as well as on the difficulties which prevent or delay ratification. In the case
of Recommendations, governments are called upon to report any modifications
which they find necessary to make in applying them.
These reports provide the ILO with information on the present state of implementation
of these instruments, obstacles to their ratification and application, and
the possible need for assistance or revision. Another function of the reports is to
direct attention to relevant Conventions and Recommendations which have not
been widely ratified or implemented. The objective here is to promote them and to
prevent them from falling into oblivion.
Article 23, para. 2, of the ILO Constitution entitles representative employers’ and
workers’ organizations to receive copies of all the above-mentioned information and
reports supplied by their government to the ILO. In order to ensure that this provision
is effectively observed, the report forms require governments to state to which organizations
of employers and workers they have sent copies of their reports. In addition,
employers’ and workers’ organizations are informed directly by the ILO of the individual
reporting obligations of their governments, respective comments of the supervisory
bodies, report forms etc. (see sample of ILO letter in Appendix 5). Thus, employers’
and workers’ organizations are in a position to remind governments of their
various reporting obligations. It cannot be emphasized enough that fulfilment of the
reporting duties by governments is critical for maintaining an effective supervisory
system. Moreover, employers’ and workers’ organizations can communicate their
point of view to the ILO, either directly or via their government. For instance, they are