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ILCCR: General Observation concerning Democratic Republic of the Congo. Published: 2007Description:(ILCCR General Observation) Country:(Congo_DR) Session of the Conference:96 Document:22 Display the document in: French Spanish Document No. (ilolex): 122007COD 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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