Employers' Handbook on ILO Standards-related Activities

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EMPLOYERS’ HANDBOOK ON ILO STANDARDS-RELATED ACTIVITIES
During the early years of the Office, government reports requested under ILO
regular supervision were directly considered by the ILC. In order to cope with the
growing number of ratified Conventions and consequently the volume of reports, the
ILC decided in 1926 to set up two bodies for regular supervision:
(a) The Committee of Experts on the Application of Conventions and Recommendations
(“Committee of Experts”).
The essential task of this Committee is to carry out a preliminary technical
examination of the government reports under Articles 19, 22 and 35 of the ILO
Constitution, to make an assessment of compliance with obligations under ILO
regulations and thus to prepare the ground for the respective discussion to be conducted
by the ILC. The Committee of Experts is presently composed of 19 legal
experts from all over the world, who reflect different legal, economic and social
systems. They are appointed by the GB for a renewable term of three years. The
general criteria for the work of the Committee are independence, impartiality and
objectivity. Over and above that, specific rules applying to the interpretation of
international instruments have to be observed by the Committee (see “The interpretation
of ILS” below). In arriving at its conclusions, the Committee also draws
on additional information, including comments submitted by employers’ and
workers’ organizations. The Committee meets once a year in November/December
in private session.
The Committee‘s assessments, normally reached by consensus, are set out in
a report presented first to the GB and then to the ILC. This Report of the Committee
of Experts is made up of three parts (Part One and Part Two make up the first
volume, Part Three the second volume):
l Part One: General Report (Report III, Part 1 A)
Part One draws attention to matters of general interest, such as questions of
principle regarding the interpretation and application of fundamental Conventions,
ratifications and denunciations of Conventions, cases of progress, governments’
compliance with reporting obligations, information on technical assistance,
the role of employers’ and workers’ organizations and collaboration with
other international organizations.
l Part Two: Observations concerning particular countries (Report III, Part 1A)
Part Two is devoted to assessing member States’ compliance with obligations
related to Conventions and Recommendations, particularly ratified Conventions.
The assessments take the form of “observations” and “direct requests”:
¡ Observations are usually made in cases of failure to fulfil obligations
under ratified Conventions. Since they are also used to express cautions, requests
for information or satisfaction, they do not necessarily imply negative
findings.
¡ Direct requests, which are only listed in the Report as having been directed to
the member State concerned, relate to technical questions or to clarifications.
For example, a “direct request” is made if a government fails to consult employers’
and workers’ organizations, or if it does not identify the organizations