Procedures for International Labour Standards

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Procedures for International Labour Standards and
Discussions at the Conference
ACTRAV-Turin
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Process of Discussion/Adoption of a New Standard
New labour issue/problem raised by member states
International Labour Office
International Labour Conf.
Member States
Governing Body decides to discuss a new standard
at ILC
Nov. 2003
18 Months before ILC
Office prepares a report on laws and practices
concerning the agenda (1st Report)
Jan. 04
11 Months before ILC
Government submits a comment
July 04
Workers
Employers
4 Months before ILC
Office prepares 2nd Report based on the comments
sent from member states
Feb. 05
June 2005
Discussion by a Committee, and adoption of its
conclusion in the Plenary (2/3 majority)
G
June 05
W
E
1st Discussion
Within 2 Months aft. ILC
Aug. 05
Office prepares 3rd Report based on the
conclusions of the ILC
Within 3 Months aft. Receipt
Government submits a comment
Nov. 05
Workers
Employer
3 Months before ILC
Mar. 06
Office prepares the Final Report based on the
comments from states
June 2006
G
June 06
W
E
2nd Discussion
Submission to Competent Authority
Discussion by a Committee, adoption of a new
standard in the Plenary (2/3 majority)
Ratify or Not
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Calendar of Supervisory Mechanism
ILO Declaration
ILC
ILO Constitution
Art. 22 Report
Art. 19(5e) Report
New Standard
Annual Review
Annual Report on un-ratified Core Conventions
Regular report on ratified Conventions
July 1stComment to be sent to Office
General Survey
June
International Labour Conference
1st Discussion
Submission of Article 22 Regular Reports June 1st
Sept. 1st
Governing Body
July
Submission of Report By Sept. 1st
End. Aug..Receipt of 3rdRep.
August
Sept.
Within 3 Mon. Comment on 3rd Rep.
October
Nov.
Governing Body
Dec.
Feb. 1stComment on 2nd Rep.
January
March 1stReceipt of 3rd Rep.
Feb.
Report of Committee of Experts
March
Submission of Report By April 30
Discussion at GB
Governing Body
April
Preparation for Discussion at Conf. Committee
May
June
Conference Committee on Application of Standards
International Labour Conference
2nd Discussion
1st Discussion
Adoption
Governing Body
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Summary of Supervisory Mechanism
Special Prcdre. In case of violations of ratified
Conv.
Art.24 Representation
Examination by a tripartite Committee set up by
G.B.
Adoption of New Convention at ILC
Set up and examination by Commission of Inquiry
Art.26 Complaint
Possibility of Article 33
Art. 22 Report
Examination by C.E.A.C.R
Ratify
D. Request
Observation
Priority-Every 2 years Others - Every 5 years
Serious Cases
Regular Report on the situations of
implementation and/or efforts done to give effect
to the Convention
Examination by C.C.A.C.R.
Decisions by Member State
Discussions at Competent Authority
Report on national situations concerning a
specific area of interests
Article 19-5(e) General Survey
Special Procedure
Normally no further obligations
Not Ratify
Violation of FOA-related rights
Discussion at ILC
Global Report
Irrespective of Ratification
ILO F.P.R.W. Declaration
Annual Review
Discussion at G.B. meeting(March)
Complaint to CFA
Annual report on un-ratified core conventions
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Summary of Supervisory Bodies of the ILO
ILO
Governing Body
Conference
Experts on Declaration
A Tripartite Committee
C.C.A.C.R. (Conference Committee on Application
of Conventions Recom.)
Report
C.F.A. (Committee on Freedom of Association)
Report
Commission of Inquiry
C.E.A.C.R (Committee of Experts on Application of
Conventions and Recommendations)
Complaint to CFA
Article 26Complaint
Article 22Report
Article 24 Representation
Annual Review
Article 19-5(e)General Survey
Regular (Annual) Report
Complaint Procedures
Workers Organizations
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Effective Use of Supervisory Mechanism
Complaints to Committee on Freedom of Association
Violation of Standards
Art. 22 Report
Examination by C.E.A.C.R.
D. Request
Observation
YES
Art.24 Representation
Serious Cases
Examination by C.C.A.C.R.
Art. 26 Complaint
Is it concerning FOA or not?
YES
Is the State a member of the Convention?
No
No
No Chance!
Core Standards?
Art.19(5)-e General Survey
YES
ILO Declaration
Global Report
Obligations concerning non-ratified Core
Conventions
Attention! Annual Review under the ILO
Declaration is a promotional tool.
Annual Review
Campaign for Ratification
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Trend in Ratification of Core Conventions

• Ratification Status Up from 936 in 1999 to 1240
  today
• Ratio of the Core Conventions in the total number
  of ratifications Up from 14 in 1999 to 17
  today (decline in past years)
• In Asia and the Pacific Region, five member
  states, namely Fiji, Indonesia, Macau, Papua New
  Guinea, and Sri Lanka have ratified all the 8
  Core Conventions (World103) and
• Bangladesh, Cambodia, Pakistan, and Philippines
  are following with 7 ratifications

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Violations of Trade Union Rights
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Workers Participation in Supervisory Mechanism
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Workers Participation in Supervisory Mechanism
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Workers Participation in Supervisory Mechanism
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Participation in the Conference

• Different Status ltG T(W) Egt
• Delegate
• Advisor (max. 2 per committee)
• Visitor
• Staff
• First Thing to do Every Morning
• Pick up Daily Bulletin (yellow) and confirm the
  meeting schedule
• Pick up also provisional record, if any

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Committee Discussion Workers Meeting

1. SpokespersonSis. Sharon Barrow, ICFTU President
2. SecretarySis. Yvonne OCallaghan, ICFTU Youth
   Officer
3. All the workers representatives present in the
   room can take the floor.
4. Discuss and decide workers position and strategy
   on the agenda of the Tripartite Meeting item by
   item, sentence by sentence, word by word

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Committee Discussion Seating
Workers Spokesperson
Employers Spokesperson
Top Table(Chair Secretariat)
Workers Secretary
Employers Secretary
Workers(T)
Employers (E)
Governments (G)
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Committee Discussion Tripartite Meeting

• Workers and EmployersOnly Spokesperson can take
  the floor.
• GovernmentsEvery G. member can take the floor.
• Decision Making Rule
• If workers and employers take the same side, it
  becomes the decision of the committee
• If workers and employers take the opposite side,
  the decision depends on the position of the G.
  members

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Committee Discussion Voting

• In case neither side has a clear majority in a
  decision making situation, the Chair may decide
  to take a vote
• Show of hands of the government members and then
• Voting
• Weighting to have 111 voting power balance
  among GWE
• It is important to have all the titular members
  in the room

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Committee Discussion Strategy

1. Try to influence the decisions of the workers
   meeting as much as you can.
2. Try to get involved in informal meetings and
   discussions
3. Try to get as much information as possible on the
   positions of G. E. members of your country
4. Liaise closely with the W. member of your country
   (if any)

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All the Best!
ACTRAV-Turin