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
ILS & HR PROGRAMME/TURIN CENTRE
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
ILS & HR PROGRAMME/TURIN CENTRE
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)
 Employment Policy Convention, 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
ILS & HR PROGRAMME/TURIN CENTRE
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
ILS & HR PROGRAMME/TURIN CENTRE
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
ILS & HR PROGRAMME/TURIN CENTRE
PROCEDURE
Governments’
information and reports
Social partners’
comments
1st June – 1st September
INTERNATIONAL LABOUR OFFICE
November
&
December
COMMITTEE OF EXPERTS THE APPLICATION OF
CONVENTIONS AND RECOMMENDATIONS
Direct requests
sent to the government and the social
partners in the country concerned
February
March
Observations
published in its Report
June
CONFERENCE COMMITTEE ON THE APPLICATION STANDARDS
June
Report submitted to the plenary sitting of the
INTERNATIONAL LABOUR CONFERENCE
ILS & HR PROGRAMME/TURIN CENTRE
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
ILS & HR PROGRAMME/TURIN CENTRE
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
ILS & HR PROGRAMME/TURIN CENTRE
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
ILS & HR PROGRAMME/TURIN CENTRE
COMPLAINT PROCEDURE (ART. 26)
Any ratifying member
State
International Labour
Conference delegate
Governing Body
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
ILS & HR PROGRAMME/TURIN CENTRE