process for unratified Conventions and 10.2. Regular supervisory 42 Recommendations PROCEDURE FOR THE REGULAR CONTROL OF UNRATIFIED CONVENTIONS What is the procedure for the regular control of unratified Conventions and Recommendations? The procedure for the control of unratified Conventions and Recommendations is an obligation of ILO Member States under the Constitution. Under Article 19.5.e of the Constitution, in the case of a Convention which has not been ratified by a Member State, the latter has an obligation to “inform the Director-General of the International Labour Office, at such intervals as may be fixed by the Governing Body, of 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, whether by legislation, administrative action, collective agreement or otherwise, and stating the difficulties which prevent or delay the ratification of the Convention.” Under Article 19.5(d) of the Constitution, in the case of a Recommendation, each Member State is required "to inform the Director-General of the International Labour Office, at intervals to be fixed by the Governing Body, of the position of its law and practice in regard to the matters dealt with in the Recommendation and of the extent to which effect has been given, or is proposed to be given, to the provisions of the Recommendation and of such modifications to these provisions as are considered or may be considered necessary for their adoption or implementation.” In the case of federal states, this procedure is regulated by Article 19(7)(b) (iv) and (v) of the Constitution.
What are General Surveys? The reports submitted by Member States under Article 19 serve as a basis for the General Surveys prepared each year by the Committee of Experts on the Application of Conventions and Recommendations and subsequently examined by the Committee on the Application of Standards. The General Surveys enable the Committee of Experts to:43 Carry out a detailed study of the content of the standards analyzed; Take stock of their implementation in the various member countries;
42. Source: Handbook of procedures relating to international labour Conventions and Recommendations (ILO, 2019), pp. 31-33. Rules of the Game: An introduction to the standards-related work of the International Labour Organization. Centenary edition. 2019, pp. 106-109. 43. BEAUDONNET, Xavier. Derecho internacional del trabajo y derecho interno. Manual de formación para jueces, juristas y docentes en derecho. Turín: Centro de Formación Internacional de la OIT, Edición 2010, pp. 76-77. https://www.ilo.org/public/libdoc/ilo/2009/109B09_177_span.pdf
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