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5.2.1.Committee on the Application of Standards
The following describes how trade unions participate in the Committee on the Application of Conventions and Recommendations (standing committee) and the technical committees of the International Conference of the ILO.
5.2.1. Committee on the Application of Standards
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The Committee on the Application of Standards is a permanent tripartite committee of the International Labour Conference of the ILO whose main function is to examine the measures taken by the Member States of the ILO to give effect to the international labor standards of the ILO. Its mandate derives from Article 23.1 of the ILO Constitution and is regulated by Article 7 of the Conference's Standing Orders.
Article 23 of the ILO Constitution.
Examination and communication of reports 1. The Director-General shall lay before the next meeting of the Conference a summary of the information and reports communicated to him by
Members in pursuance of articles 19 and 22.
Article 7 of Standing Orders of the International Labour Conference
Committee on the Application of Conventions and Recommendations 1. The Conference shall, as soon as possible, appoint a Committee to consider: a) The measures taken by Members to give effect to the provisions of
Conventions to which they are parties and the information furnished by
Members concerning the results of inspections; b) The information and reports concerning Conventions and
Recommendations communicated by Members in accordance with article 19 of the Constitution, except for information requested under paragraph 5 (e) of that article where the Governing Body has decided upon a different procedure for its consideration; c) The measures taken by Members in accordance with article 35 of the
Constitution. 2. The Committee shall submit a report to the Conference.
For unions to advocate before the Committee of Experts it is important to:
Actively participate in the regular monitoring procedure of Conventions (ratified and non-ratified) and Recommendations by sending comments on the issues raised in the report of the Conventions. This procedure is explained in Unit 4;
Analyze the Annual Report of the Committee of Experts (usually published in March) and prepare for the examination of the list of cases on the application of ratified Conventions ("short list").
Following the independent and technical examination of the reports of Governments by the ILO Committee of Experts, the Committee on the Application of Standards provides an opportunity for a tripartite review of how States are meeting their obligations under the Conventions and Recommendations adopted by the ILO. Specifically, worker delegates can:
Influence the discussion of the content of the Annual Report of the Committee of Experts;
Influence the examination of individual cases of application of ratified Conventions ("short list");
Influence Commission conclusions that will be incorporated in its final report.
Below is information on the content of the Annual Report of the ILO Committee of Experts and the report of the Committee on the Application of Standards and some examples of trade union use of this Committee.
CONTENTS OF THE ANNUAL REPORT OF THE ILO COMMITTEE OF EXPERTS
• Part I. General Report:
Describes the manner in which the Committee of Experts undertakes its work;
The extent to which Member States have fulfilled their constitutional obligations in relation to international labor standards (obligation to submit instruments to the competent authorities, obligation to send regular reports and obligation to implement ratified conventions);
Draws attention to issues of general interest arising out of the Committee’s work.
Part II. The above-mentioned observations of certain countries on the application of ratified international labor conventions and on the obligation to submit the instruments to the competent authorities (this is the information on which the "short list" is based).
Part III. A General Survey in which the Committee of Experts examines the state of law and practice on a specific subject covered by certain Conventions and Recommendations. This examination concerns all Member States, whether or not they have ratified the Conventions in question. It is published in a separate volume. The discussion of the General Survey usually takes place in the early days of the Committee on the Application of Standards.
• List of Annual Reports of the ILO Committee of Experts:
Annual reports (Part I and II): https://www.ilo.org/public/libdoc/ilo/P/09661/
General Surveys since 1985: https://www.ilo.org/global/standards/ information-resources-and-publications/WCMS_164145/lang--en/ index.htm
REPORT OF THE CONFERENCE COMMITTEE ON THE APPLICATION OF STANDARDS
● Content:
The report of the Committee on the Application of Standards describes the work of the committee and the speeches and conclusions of the general discussion and examination of specific cases.
● Conclusions of the examination of specific cases ("short list"):
Taking into account the tripartite discussion on each case, the Committee urges the government concerned to take steps to overcome the difficulties analyzed and discussed in tripartite meetings, and to use ILO technical assistance. The Commission may also invite the government to accept a direct contact mission by the ILO.
The 2019 report of the Committee on the Application of Standards can be found here: https://www.ilo.org/ilc/ILCSessions/108/committees/standards/WCMS_711293/lang--en/index.htm
● Presentation to the Conference
The Commission's report is presented to the Conference and discussed in plenary, thus giving delegates the opportunity to highlight certain aspects of the Commission's work. The report is published separately in the Proceedings of the Conference.
The list of Reports of the Conference Committee on the Application of Standards can be found at this link: https://www.ilo.org/global/standards/information-resources-and-publications/WCMS_190528/lang--en/index.htm
EXAMPLES OF TRADE UNION USE OF THE COMMITTEE ON THE APPLICATION OF STANDARDS
Violation of trade union rights in the public sector
The Ecuadorian unions and Public Services International used this control mechanism to denounce the violation of trade union rights in the public sector in Ecuador. At the 105th International Labour Conference (2016), Ecuador was included on the short list of the Committee on the
Application of Standards for noncompliance with Convention 98 on the right to organize and collective bargaining. In the commission, the trade unions denounced the repression and arrests of union leaders, legislation contrary to trade union rights in the public sector, and in particular the denial of the right to collective bargaining, the figure of "compulsory voluntary resignations", the abusive powers of the Ministry of Labour to control collective agreements in the public sector, and the failure to comply with the repeated comments of the supervisory bodies and the recommendations made by the ILO technical mission of January 2015.11
Ecuador was again included on the short list of the commission in 2017. In the conclusions, the Government was asked to ensure full respect for the right of public officials to form organizations of their own choosing for the collective defense of their interests.12
Violations of labor rights as a result of austerity policies
Trade unions in Spain and Italy used this ILO monitoring mechanism to denounce violations of labor rights arising from austerity policies and deregulatory labor reforms imposed in their countries. In 2015, the States of Spain and Italy were denounced at the international level before the
Committee on the Application of Standards of the 104th International Labour
Conference of the ILO for noncompliance with International Convention 122 on employment policy, given the very serious situation of unemployment and the increase in precariousness and poverty. Both countries were included on the committee's short list. The Spanish workers' delegates pointed out, "that three years after the most aggressive labour reform that took place in Spain since the return of democracy, the unemployment situation in the country is dramatic. There are more than 5.5 million unemployed, which is equivalent to 24 percent of the population. Of this figure, 782,000 are under 25 years of age.”13
Violations of rights as a result of unprotective labor reforms
Trade unions in Brazil used the Committee on the Application of Standards to denounce the violation of rights resulting from the regressive deregulatory
11. Information and reports on the application of Conventions and Recommendations (Part Two) (pages 90-95): https://
www.ilo.org/ilc/ILCSessions/previous-sessions/105/reports/provisional-records/WCMS_489124/lang--en/index.htm
12. The conclusions of the Committee on the Application of Standards are available here: https://www.ilo.org/wc-
msp5/groups/public/---ed_norm/---relconf/documents/meetingdocument/wcms_558658.pdf
13. Report of the Committee on the Application of Standards (Part Two): https://www.ilo.org/ilc/ILCSessions/pre-
