The Committee of Experts on the Application of Conventions and Recommendations: Progress achieved in national labour legislation

International Labour Review

Volumn 145, Issue 3, 2006, Pages 207-220

  Boivin, Isabelle ^b   Odero, Alberto ^a  

^a ILO

^b NONE

Author keywords

Application; ILO convention; Labour law; Law reform; Role of the ILO

Indexed keywords

INTERNATIONAL LAW; LABOR POLICY; LEGAL RIGHTS; POLICY REFORM;

EID: 33846679145     PISSN: 00207780     EISSN: None     Source Type: Journal    
DOI: 10.1111/j.1564-913X.2006.tb00018.x     Document Type: Article

References (25)

1. Reports are submitted every two years for so-called fundamental Conventions, and every five years for others, unless the Committee of Experts on the Application of Conventions and Recommendations or the Conference Committee on the Application of Standards requests one sooner. Since 2003, reports have been due for groups of Conventions according to subject matter, which makes them considerably easier to read and comprehend.
2. As pointed out by the Committee of Experts on the Application of Conventions and Recommendations in its 1994 report, the Committee of Experts is responsible for technical supervision, whereas the Conference Committee, which is tripartite, provides an opportunity for direct dialogue between governments, employers and workers, and can even mobilize international public opinion. The Governing Body, the ILO's tripartite executive body, is also involved in the supervisory system through special procedures under which representations or complaints are made by ILO constituents (see ILO: Report of the Committee of Experts on the Application of Conventions and Recommendations. General report and observations concerning particular countries, International Labour Conference, 81st Session, 1994, Report III (4A), p. 12, para. 26).
3. The Committee of Experts bases its comments on legislative instruments, judicial decisions, collective agreements, labour inspectorate reports, information provided by employers' and workers organizations, etc.
4. ILO: Report of the Committee of Experts on the Application of Conventions and Recommendations, International Labour Conference, 95th Session, Geneva, 2006, Report III (1A), pp. 14-15.
5. In its 2006 Report, the Committee of Experts added that these cases of interest could include: draft legislation before parliament, or other proposed legislative changes not yet forwarded or available to the Committee; consultations within the government and with the social partners; new policies; the development and implementation of activities within the framework of a technical cooperation project or following technical assistance or advice from the Office. Judicial decisions - according to the level of the court, the subject matter and the force of such decisions in a particular legal system - would normally be considered as cases of interest unless there is a compelling reason to note a particular judicial decision as a case of satisfaction. The Committee may also note as cases of interest the progress made by a state, province or territory in the framework of a federal system. The Committee's practice has developed to a certain extent, so that cases in which it expresses interest may now also encompass a variety of new or innovative measures which were not necessarily requested by the Committee. The paramount consideration is that the measures contribute to the overall achievement of the objectives of a particular Convention. See ILO: Report of the Committee of Experts on the Application of Conventions and Recommendations, International Labour Conference, 95th Session, Geneva, 2006, Report III (1A), p. 16.
6. The Right of Association (Agriculture) Convention, 1921 (No. 11); the Freedom of Association Protection of the Right to Organise Convention, 1948 (No. 87); the Right to Organise and Collective Bargaining Convention, 1949 (No. 98); the Workers' Representatives' Convention, 1971 (No. 135); the Labour Relations (Public Service) Convention, 1978 (No. 151); and the Collective Bargaining Convention, 1981 (No. 154).
7. Botswana (2004), Chile (2001), Jordan (2003), Lesotho (2005) and Peru (2004).
8. Chile (2001), Peru (2004) and Portugal (2004).
9. Guatemala (2001), Namibia (2002), Slovakia (2001), United Republic of Tanzania (2004) and Turkey (2004).
10. Australia (Western) (2005), Belize (2002), Chile (2001), Democratic Republic of Congo (2003), Estonia (2001), Indonesia (2001), Republic of Moldova (2001), Morocco (2001), Sri Lanka (2001), Sudan (2005), Yemen (2005) and Zimbabwe (2003).
11. Botswana (2005), Lithuania (2004), Lesotho (2005), Republic of Moldova (2001) and Netherlands (2004).
12. Colombia (2003), Côte d'Ivoire (2005), New Zealand (2004), Peru (2003) and United Kingdom (Gibraltar) (2004).
13. Noted with satisfaction by the Committee in 2005. It is worth recalling that this matter was raised at the very inception of the ILO. See Patrick Bollé: "The ILO's new Convention on maritime labour: An innovative instrument", in International Labour Review (Geneva), Vol. 145 (2006), No. 1-2, pp. 135-142.
14. Noted with satisfaction by the Committee in 2003.
15. Spain (2003) and Russian Federation (2003).
16. Germany (2002) and Slovenia (2002).
17. Bosnia and Herzegovina (2005), Bulgaria (2002), Burkina Faso (2005), France (2002) and Republic of Korea (2005).
18. These cases of progress refer to measures adopted by governments and other public authorities to ensure a better application of labour inspection and administration Conventions (Conventions Nos. 63, 81, 85, 129, 150 and 160); 29 of the 34 cases relate to the application of Conventions Nos. 81 and 129 (labour inspection).
19. Since the 2002 audit in Luxembourg, similar audits have been carried out by the ILO in India, Kazakhstan, Latvia and Thailand.
20. In particular, the Committee noted with satisfaction the measures adopted in China's Special Administrative Region of Hong Kong (2003), Denmark (2001), Germany (2001), Japan (2005), Lebanon (2005), Nicaragua (2002), Norway (2005), Sri Lanka (2001), Sweden (2004) and Sri Lanka (2001).
21. Under Article 3(1) of Convention No. 115: "In the light of knowledge available at the time, all appropriate steps should be taken to ensure effective protection of workers, as regards their health and safety, against ionising radiations."
22. Conventions Nos. 11 (2001), 87 (2001), 98 (2001), 129 (2003), 96 (2001), 95 (2003), 1 (2003), 30 (2005), 106 (2002), 19 (2003) and 118 (2003).
23. Concerning Conventions Nos. 87 (2004), 98 (2004), 182 (2005), 100 (2005), 95 (2002), 99 (2002), 158 (2004) and 118 (2004).
24. In 2004, a direct contacts mission took place in Turkey and technical assistance concerning freedom of association was provided.
25. The Committee noted with satisfaction the measures adopted by Botswana concerning Conventions Nos. 87 (2004), 98 (2004), 105 (2005), 151 (2005) and 173 (2005).