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ILCCR: General Observation concerning Somalia. Published: 2007Description:(ILCCR General Observation) Country:(Somalia) Session of the Conference:96 Document:22 Display the document in: French Spanish Document No. (ilolex): 122007SOM II. Submission to the competent authorities of the Conventions and Recommendations adopted by the International Labour Conference (Article 19 of the Constitution) Observations and information (a) Failure to submit instruments to the competent authorities A Government representative of Solomon Islands thanked the ILO for the assistance provided in 2005 concerning the elaboration of a general submission document and reports on ratified Conventions. However, in April 2006 civil unrest following general elections had affected the Government's ability to submit ILO instruments to work-ers' and employers' organizations and the legislature, and to produce reports on ratified Conventions. The speaker emphasized that the failure to report was not due to lack of will, but the result of political instability and financial and material challenges. The Government was pleased to announce that the Cabinet approved on 17 May 2007 the submission documents prepared with the ILO in 2005. The legislature would then discuss the ratification of seven fundamental Conventions which the Solomon Is-lands had not yet ratified. A new chief labour officer re-sponsible for international labour standards had been ap-pointed who was expected to be assisted on reporting is-sues by an ILO standards specialist in July 2007. It was also hoped that the officer would benefit from the next training course on international labour standards offered by the ILO Training Centre in Turin. The Government believed that it would soon be in a position to fulfil its submission and reporting obligations. A Government representative of Somalia recalled that the Transitional Federal Government of Somalia had been struggling since its establishment in December 2004 to restore peace throughout the country. That goal had not yet been achieved. As a result of a long period of instabil-ity, the Government had no records for reference purposes and the Ministry of Labour and Human Resources Devel-opment lacked the technical capacity to perform all func-tions of labour administration. ILO assistance on report-ing was received in 2005. More recently, an official com-pleted a 2007 training programme on international labour standards at the ILO Training Centre in Turin, which would enable the Ministry to fulfil its reporting obliga-tions. It was hoped that ILO assistance would continue to strengthen the capacity of the Ministry and the workers' and employers' organizations on matters such as needs assessment and labour law review, as well as submission and reporting. The Committee noted the information and explanations provided by the Government representatives who took the floor. It also took note of the specific difficulties experienced in complying with this obligation mentioned by various speakers. Finally, it took note of the promises made by cer-tain government delegations to comply with their constitu-tional obligations to submit Conventions, Recommendations and Protocols to the competent authorities in the shortest time possible. The Committee expressed its great concern regarding the delays and failures to submit, and the rise in the number of such cases, as this concerned obligations aris-ing from the Constitution and which were essential for the efficacy of standards-related activities. In this respect, the Committee affirmed that the ILO could offer technical assis-tance to contribute to the fulfilment of this obligation. The Committee expressed the firm hope that the countries men-tioned, in particular Haiti, Sierra Leone, Solomon Islands, Somalia, Turkmenistan and Uzbekistan, would supply their reports in the near future, containing information relevant to the submission of Conventions, Recommendations and Protocols to the competent authorities. The Committee de-cided to mention these cases in the appropriate section of its General Report. ------------------------ III. Reports on unratified Conventions, Recommendations (Article 19 of the Constitution)(a) Failure to supply reports for the past five years on unratified Conventions and Recommendations A Government representative of Armenia reiterated her Government's commitment to fulfilling all its obligations as an ILO member. The information concerning submission in accordance with article 19 of the ILO Constitution had been transmitted to the ILO in May 2007. As required, the Government had submitted all Conventions and Recommendations adopted by the 80th and subsequent sessions of the International Labour Conference to the National Assembly. A Government representative of Bosnia and Herzegovina stated that the authorities of her country had made consid-erable efforts to fulfil their reporting obligations under article 19 of the ILO Constitution. It was expected that, with ILO assistance, the preparation and submission of all outstanding reports, including those under article 19, would be possible before the end of 2007. A Government representative of Djibouti recalled that his country had ratified no less than 68 Conventions since its accession to independence, and that the burden of work hence exceeded the limited means of its governmental institutions. In that regard, the Government of Djibouti remained vigilant as to the periods during which it would be able to denounce the Conventions that were not of utmost relevance to the country. The Government undertook nonetheless to make every effort to submit the reports due to the Committee. A Government representative of The former Yugoslav Republic of Macedonia informed the Committee that during the past year, his Government had been focusing, as a priority, on fulfilling its reporting obligations concerning ratified fundamental Conventions. Due to time constraints and lack of resources, the Government had not been in a position to prepare reports on non-ratified Conventions. However, it paid the utmost attention to its obligations under the ILO Constitution and it was hoped that, with ILO assistance, it would be possible to submit all reports before the next session of the Conference. A Government representative of Kiribati stated that the process of dealing with non-ratified Conventions did not pose any serious problems. With ILO assistance, the Government continued to work with the key stakeholders towards ratification before the next session of the Conference. The Committee noted the information and explanations provided by the Government representatives who took the floor. The Committee stressed the importance it attached to the constitutional obligation of supplying reports on unratified Conventions and Recommendations. Such reports made it possible to evaluate the situation more fully in the context of the General Surveys prepared by the Committee of Experts. The Committee recalled that the ILO could offer technical assistance to contribute to the fulfilment of this obligation. The Committee urged all member States to comply with their obligations in this respect and expressed the firm hope that the Governments of Albania, Antigua and Barbuda, Armenia, Bosnia and Herzegovina, Cape Verde, Comoros, Congo, Democratic Republic of the Congo, Djibouti, Guinea, Kazakhstan, Kiribati, Kyrgyzstan, Liberia, Sao Tome and Principe, Sierra Leone, Solomon Islands, Somalia, Tajikistan, The former Yugoslav Republic of Macedonia, Togo, Turkmenistan, Uganda and Uzbekistan would comply in the future with their obligations under article 19 of the Constitution. The Committee decided to mention these cases in the appropriate section of its General Report. The Worker members recalled that the obligation to submit reports was a key element of the ILO supervisory system. In that regard, they believed that governments not submitting their reports benefited from an unjustified advantage compared to those that fulfilled that obligation, since they de facto eluded examination by the Committee on the Application of Standards. The Employer members thanked the governments that had submitted outstanding reports in the meantime and those that provided information to the Committee explaining their situation. It was evident that failure to submit instruments to the competent authorities and to report fundamentally undermined the ratification and implementation process. When ILO instruments were not submitted to the competent authorities, ratification could not take place. Information reported for the purpose of General Surveys enabled the Committee of Experts to identify obstacles to application and to provide suggestions for overcoming them. Once a Convention had been ratified, first reports were crucial to enable the Committee of Experts to assess the level of application by the ratifying country and to make comments. Without reporting, the supervisory system as a whole could not function. The ILO should therefore establish contacts with the countries concerned that were not accredited to the Conference. In case of substantial inability of a government to report, the Office should provide technical assistance. In addition, the possibility that countries with strong reporting systems could assist countries lacking such capacity was raised. In conclusion, the Employer members stressed that those matters were among the most important issues discussed by the Committee. |
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