8.3. Procedure for the ratification of international labor standards33
PROCEDURE FOR THE RATIFICATION OF INTERNATIONAL LABOR STANDARDS What is ratification? It consists of the expression of acceptance by the Member State of the ILO, through the competent authority, of the international labor convention (or international labor protocol) in its domestic legal system. The procedure is regulated by Article 19. 5. d) of the ILO Constitution d) If the Member obtains the consent of the authority or authorities within whose competence the matter lies, it will communicate the formal ratification of the Convention to the Director-General and will take such action as may be necessary to make effective the provisions of such Convention. How is ratification communicated? There are no specific provisions in the ILO Constitution regarding the manner of reporting ratifications, which may vary according to the constitutional laws and practice of each State. In order to be registered, the instrument of ratification must: Clearly specify the convention or conventions being ratified; Be an original document (and not a facsimile or a photocopy), signed by a person with authority to act on behalf of the State (for example, the Head of State, the Prime Minister, the Minister of Foreign Affairs or the Minister of Labour); Clearly indicate the intention of the Government that the State will be bound by the Convention concerned and its commitment to fulfil the obligations of the Convention, preferably with a specific reference to Article 19(5)(d) of the ILO Constitution. Instruments of ratification should always be communicated to the DirectorGeneral of the ILO in order to make ratification effective under international law. If this is not the case, the State may consider that the Convention has been "ratified" in its domestic legal system, but it will not have effect in the international legal order. The instrument of ratification could include the following declaration: “The Government of ... hereby ratifies the ...Convention and undertakes, in accordance with Article 19, para. 5(d), of the Constitution of the ILO, to fulfil its obligations in this respect.”
33. This section is based on information in Handbook of procedures relating to international labour Conventions and Recommendations. ILO, 2019, pp. 16-21.
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PRACTICAL GUIDE TO TRADE UNION ACTION AT THE ILO
