Overview
While the MNE Declaration is a voluntary instrument, a Procedure approved by the Governing Body in 1980 and revised in 1986 provides for the submission of requests for interpretation in cases of dispute on the meaning/application of its provisions. The importance of the Procedure lies in its availability to contribute to the harmonious development of labour relations, either by its use or by its availability, the latter of which may encourage disputants to confront their difficulties and gain perspectives capable of mutual accommodation.
As a voluntary instrument, the MNE Declaration's Procedure is promotional in nature, seeking to enhance the application of the Declaration's provisions in specific situations. The provisions interpreted to date provide a foundation for meaningful review of the effect given to the MNE Declaration in its follow-up surveys, research, and activities.
Process
When received, requests for interpretation of provisions of the MNE Declaration follow an established process:
| Step 1 |
The request is notified by the Office to parties concerned |
paras. 2 and 3 |
| Step 2 |
The receivability of the request is examined by the Officers of the Governing Body Subcommittee on Multinational Enterprises (formerly Committee on Multinational Enterprises) |
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If unanimous, a decision of the Officers on receivability is made |
para. 4 |
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If not unanimous, the receivability of the request is referred to the Governing Body through its Subcommittee for decision |
para. 4 |
| Step 3 |
If receivable, the Office prepares a draft reply in consultation with the Officers of the Subcommittee on Multinational Enterprises |
para. 7 |
| Step 4 |
If there is approval by the Subcommittee on Multinational Enterprises. |
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If there is approval by the Subcommittee on Multinational Enterprises. |
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The reply to the request for interpretation is referred to the Governing Body for decision |
para. 8 |
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If there is no approval by the Subcommittee, no interpretation is issued. |
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| Step 5 |
A reply approved by the Governing Body is forwarded to the parties concerned and published in the Official Bulletin and the electronic ILOLEX of the International Labour Office |
para. 9 |
Receivability criteria
A request for interpretation must meet certain criteria to be considered receivable, that is, able to be accepted as a procedural matter for subsequent review on the merits of the questions raised. The criteria for the "test" of receivability include the following:
- the request arises from an "actual situation" (paragraph 1 of the Procedure)
- two or more parties to whom the Declaration is commended (an employers' or workers' organization, a government, an MNE) disagree on the meaning of specific provisions of the Declaration (paragraph 1 of the Procedure)
- the requester is one of the following: (paragraph 5 of the Procedure):
- a government of a member State of the ILO,
- a national organization of employers or workers representative at national and/or sectoral level, or
- an international organization of employers or workers on behalf of representative national affiliate (paragraph 5 of the Procedure)
- the Procedure in the particular case would not duplicate or conflict with existing national or ILO procedures (paragraph 2 of the Procedure)
- the government concerned has declined to submit the request to the Office, or three months have elapsed since the requesting organization addressed the government, and the government has not stated its intention (paragraph 6 of the Procedure).
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