Handbook of procedures relating to international labour Conventions and Recommendations

V. Reports on unratified Conventions and on Recommendations - the 1998 Declaration

Obligation to report on unratified Conventions

43. Under article 19, paragraph 5(e), of the Constitution, a member State undertakes, in respect of any Convention which it has not ratified, to:

... 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.

44. Under article 19, paragraph 6(d), of the Constitution, member States undertake to:

... 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.

45. Special provisions in respect of federal States as to the obligation to report on unratified Conventions and on Recommendations are laid down in article 19, paragraph 7(b)(iv) and (v), of the Constitution.

46. Reports and their subsequent examination by the supervisory bodies are helpful when drawing up the Organization's programme of work, particularly in relation to the adoption of any new or revised standards, in assessing the impact and continuing usefulness of the instruments to be reviewed and in providing governments and the social partners with the opportunity to review their policies and implement other measures in areas of major interest, as well as deciding on new ratifications, where appropriate. The Governing Body selects the instruments on which reports are to be requested each year on the following basis:

(a) the Conventions and Recommendations selected are grouped by subject matter;

(b) in order not to overburden national administrations which have to prepare the reports or the ILO's supervisory procedures, only a small number of instruments are selected;

(c) the subjects chosen are of current interest.

47. The follow-up of the ILO Declaration on Fundamental Principles and Rights at Work, adopted by the International Labour Conference on 19 June 1998, is based on reports requested from member States under article 19, paragraph 5(e), of the Constitution. The forms for these reports are designed to obtain information on any changes in their law and practice from governments which have not ratified one or more of the fundamental Conventions. (Endnote_2) The organizations of employers and workers may voice their opinion on the reports. These reports, compiled by the Office, are examined by the Governing Body. With a view to submitting an introduction to the reports that are compiled, the Office calls on the services of a Group of Experts appointed for this purpose by the Governing Body.

49. The Governing Body has adopted a standard form of questionnaire for reports on unratified Conventions and on Recommendations. In recent years, more specific forms have been adopted by the Governing Body asking precise questions relating to the instruments in question.

50. Letters requesting reports on unratified Conventions and on Recommendations are sent to governments in September each year, together with the report forms and copies of the instruments concerned. Copies of the requests are sent to national organizations of employers and workers. By decision of the Governing Body, reports are requested for 30 April at the latest. Reminders are sent to governments which do not transmit their reports by the due date.

52. Under article 23, paragraph 2, of the Constitution, governments have to communicate copies of all reports on unratified Conventions and on Recommendations to representative organizations of employers and workers and indicate, when forwarding their reports to the ILO, the organizations to which communication has been made. Those or any other employers' or workers' organizations may make any observations they wish on the subjects in question. Summary

53. Under article 23, paragraph 1, of the Constitution, a summary of reports on unratified Conventions and on Recommendations has to be laid before the next meeting of the Conference. Such summary appears in an abbreviated form in Report III (Part 1A), as a list of reports received. In addition, the Office (through the secretariat of the Committee on the Application of Standards) makes copies of the reports available for consultation at the Conference, if required.

Endnotes

Cross references
Conventions: C029
Conventions: C087
Conventions: C098
Conventions: C100
Conventions: C105
Conventions: C111
Conventions: C138
Conventions: C144
Conventions: C182
Recommendations:R152
Constitution: Article 19
Constitution: Article 22
Constitution: Article 23