Applying and promoting International Labour Standards
ILO supervisory system
International labour standards are backed by a supervisory system that is unique at the international level and helps to ensure that countries implement the Conventions they ratify. The ILO regularly examines the application of standards in member States and points out areas where they could be better applied. If there are any problems in the application of standards, the ILO seeks to assist countries through social dialogue and technical assistance.
The ILO has developed various means of supervising the application of Conventions and Recommendations in law and practice following their adoption by the International Labour Conference and their ratification by States. There are two kinds of supervisory mechanism:
- The regular system of supervision: examination of periodic reports submitted by Member States on the measures they have taken to implement the provisions of the ratified Conventions;
- Special procedures: a representations procedure and a complaints procedure of general application, together with a special procedure for freedom of association.
The regular system for supervising the application of standards
The regular system of supervision is based on the examination by two ILO bodies of reports on the application in law and practice sent by member States and on observations in this regard sent by workers’ organisations and employers’ organisations.
- The Committee of Experts on the Application of Conventions and Recommendations
- The International Labour Conference’s Tripartite Committee on the Application of Conventions and Recommendations
Special procedures
Unlike the regular system of supervision, the three procedures listed below are based on the submission of a representation or a complaint:
- Procedure for representations on the application of ratified Conventions
- Procedure for complaints over the application of ratified Conventions
- Special procedure for complaints regarding freedom of association through the Freedom of Association Committee
General Surveys
International labour standards are universal instruments adopted by the international community and reflecting common values and principles on work-related issues. While member States can choose whether or not to ratify any conventions, the ILO considers it important to keep track of developments in all countries, whether or not they have ratified them. Under article 19 of the ILO Constitution, member States are required to report at regular intervals on measures they have taken to give effect to any provision of certain conventions or recommendations, and to indicate any obstacles which have prevented or delayed the ratification of a particular convention.
The Committee of Experts publishes an in-depth annual General Survey on member States' national law and practice, on a subject chosen by the Governing Body. These surveys are established mainly on the basis of reports received from member states and information transmitted by employers' and workers' organizations. They allow the Committee of Experts to examine the impact of conventions and recommendations, to analyse the difficulties indicated by governments as impeding their application, and to identify means of overcoming these obstacles.
Technical assistance and training
The ILO also provides assistance drafting national legislation and help countries address problems in legislation and practice in compliance with international labour standards.
Relevant constitutional provisions
- Article 22 of the ILO Constitution: Obligation to report on ratified Conventions
"Each of the Members agrees to make an annual report to the International Labour Office on the measures which it has taken to give effect to the provisions of Conventions to which it is a party. These reports shall be made in such form and shall contain such particulars as the Governing Body may request." - Article 19 (5e): Obligation to report on unratified Conventions
"If the Member does not obtain the consent of the authority or authorities within whose competence the matter lies, no further obligation shall rest upon the Member except that it shall report to the Director-General of the International Labour Office, at appropriate intervals as requested by the Governing Body, the position of its law and practice in regard to the matters dealt with in the Convention, showing the extent to which effect has been given, or is proposed to be given, to any of the provisions of the Convention by legislation, administrative action, collective agreement or otherwise and stating the difficulties which prevent or delay the ratification of such Convention." - Article 19 (6d): Obligation to report on Recommendations
"Apart from bringing the Recommendation before the said competent authority or authorities, no further obligation shall rest upon the Members, except that they shall report to the Director-General of the International Labour Office, at appropriate intervals as requested by the Governing Body, the position of the law and practice in their country in regard to the matters dealt with in the Recommendation, showing the extent to which effect has been given or is proposed to be given, to the provisions of the Recommendation and such modifications of these provisions as it has been found or may be found necessary to make in adopting or applying them." - Article 23: Ratified Conventions, unratified Conventions and Recommendations
"The Director-General shall lay before the next meeting of the Conference a summary of the information and reports communicated to him by Members in pursuance of articles 19 and 22."
"Each Member shall communicate to the representative organizations […] copies of the information and reports communicated to the Director-General in pursuance of articles 19 and 22."