5.2.Participation of unions in the International Labour Conference

Special control procedure under Article 26 of the Constitution: Complaints of nonobservance ● Influences the tripartite discussion and decision on:

The admissibility of the complaint;

The constitution of the commission of inquiry that will examine the issues alleged by the complainants and the responses of the State against which the complaint has been presented. It establishes the composition of this commission by independent persons, usually jurists or judges with recognized international experience;

Whether to submit the complaint to the International Court of Justice.

Influences the discussion and tripartite adoption of the report with the conclusions and recommendations of the commission of inquiry.

The special control procedure of the complaint before the Committee on Freedom of Association The workers' delegates taking part in the Committee on Freedom of Association influence the discussion and adoption of the report with the conclusions and recommendations to be presented to the Governing Body for adoption. The Committee on Freedom of Association is composed in a tripartite manner by independent persons.

Trade unions participate in the various committees and forums and in the plenary of the International Labour Conference as workers’ delegates who are part of the official delegation of each Member State. Trade unions also participate in the Conference through the international trade union organizations that attend as observers. As stated in the document International Labour Conference. Standing Orders at a Glance (ILO, 2019),9 virtually all the substantive work of the International Labour Conference is done in committees that the Conference establishes on its opening day. At the end of their work, the committees submit their reports to the Conference, but none of the texts resulting from their work (whether instruments, resolutions, conclusions, or decisions) is valid until it has been adopted by the Conference (and, where necessary, put to a vote). The adoption of commission reports and the adoption of international instruments and other texts generally takes place during the last two days of the Conference. There are two types of committees: standing committees and technical committees. The following table details information on the standing committees.

5.2. Participation of unions in the International Labour Conference

9. https://www.ilo.org/ilc/ILCSessions/108/WCMS_709518/lang--en/index.htm

STANDING COMMITTEES OF THE INTERNATIONAL LABOUR CONFERENCE

Selection Committee (Article 4 of the Standing Orders)

The traditional responsibilities of the Selection Committee (for example, arranging the programme of the Conference or fixing the time and agenda for plenary sittings) are now dealt with by the Conference during its opening session. The Selection Committee is convened mainly to address specific substantive matters that the Conference may decide to refer to it, which typically include proposed abrogation and withdrawal of standards, approval of amendments to the Code of the Maritime Labour Convention, or requests for admission to ILO membership.

Credentials Committee (Articles 5 and 26 of the Standing Orders)

Consists of one Government delegate, one Employers’ delegate, and one Workers’ delegate. Examines the credentials of delegates and their advisers and any objections or complaints that may be made to them regarding non-payment of lodging or travel expenses or any act or omission by a government preventing an accredited delegate or adviser from attending the Conference, as well as monitoring cases.

Committee on the Application of Conventions and Recommendations (Article 7 of the Standing Orders)

Tripartite body that considers the measures taken by Member States to give effect to the provisions of ratified Conventions and to their constitutional obligations relating to Conventions and Recommendations.

Finance Committee of Government Representatives (Article 7 bis of the Standing Orders)

Consists of one Government delegate from each Member State represented at the Conference. Examines the programme and budget, the allocation of expenses among Member States, the audited financial statements, requests for permission to vote by Members in arrears, and other financial and administrative matters.

Source: International Labour Conference: The Standing Orders at a Glance. ILO. 2019.

The rights of people participating in the Conference are detailed in the following table.

RIGHTS OF PERSONS ATTENDING THE CONFERENCE (IN ACCORDANCE WITH THE PROVISIONS OF THE ILO CONSTITUTION AND THE STANDING ORDERS OF THE CONFERENCE)

Right to speak Right to move amendments

Delegates (articles 12.3, 14.1 and 14.3 Yes, but not more than once in the general discussion, or on the same motion, resolution or amendment.

Yes Right to vote Yes, granted to the four delegates of each Member State (two Government delegates, one Employers’ delegate, one Workers’ delegate) unless right to vote suspended or incomplete delegation (see below). Substitutes (articles 1.2 and 1.3) Same rights as delegates when authorized to substitute for them.

Right to move amendments Right to vote

Advisers not appointed to be substitutes (Constitution, Article 3.6)

Ministers attending the conference who are not delegates or advisers (articles 12.3,14.8) Members of the governing body who are not delegates or advisers (Article 14.8) Only when authorized to do so by delegate and by President. No No

Yes No No

Yes No No

Representatives of intergovernmental organizations (IGOs) (Article 14.9) Yes No No

Observers from non-member states (Article 14.11) Yes, with the permission of the President. No No

Representatives of nongovernmental organizations (NGOs) (Article 14.10)

Representatives of national liberation movements (Article 14.12) Only with the permission of the Officers. Yes, with the permission of the President. No No

No No

RIGHTS OF PERSONS PARTICIPATING IN THE WORK OF COMMITTEES OF THE CONFERENCE (IN ACCORDANCE WITH ARTICLE 56 OF THE STANDING ORDERS OF THE CONFERENCE)

Right to Speak Right to move amendments Right to vote

Regular Members Yes Yes Yes, unless right to vote suspended

Deputy members (Article 56.5) Yes Yes

Only in replacement of a regular member Substitute members (Article 56.3) Same rights as members for whom they substitute

Delegates or advisers not members of committee (Article 56.6) Yes Yes No

Representatives of intergovernmental organizations (IGOs) (Article 56.7) Yes No No

Observers from non-member states (Article 56.8.a) Only with the permission of the President. No No

Representatives of nongovernmental organizations (NGOs) (Article 56.9) Only with the permission of the Officers. No No

Representatives of national liberation movements (Article 56.10) Yes No No

Source:: International Labour Conference: The Standing Orders at a Glance. ILO. 201910

In order to examine the technical items on its agenda, the International Labour Conference sets up several technical committees. Delegates from the workers' side participate in all of them. Technical items are examined for the purposes of:

Adopting an instrument (convention and/or recommendation and/or protocol) (standard-setting committee) Conducting a recurrent discussion (recurrent discussion committee) Conducting a general discussion (general discussion committee)

10. https://www.ilo.org/ilc/ILCSessions/108/WCMS_709518/lang--en/index.htm