10.How do supervisory system monitoring procedures work and how can unions leverage them?

ILO supervisory sistem Regular control procedures

Special control procedures

An important element to emphasize is that the ILO's supervisory bodies, as well as the various procedures of the supervisory system, are closely related, complementary, and mutually reinforcing.40 The complementary relationship between the technical monitoring by the Committee of Experts on the Application of Conventions and Recommendations and the subsequent tripartite monitoring by the Committee on the Application of Standards makes it possible to maintain Ratified conventions

On unratified conventions and recommendations

Representions of non observance (art. 24 of the ILO Constituition)

Complaints (art. 26 of the ILO Constituition)

Complaints to the Committee on Freedom of Association

a balance in the examination of cases. The Committee of Experts also follows up the recommendations issued by both the Conference Committee on the Application of Standards and the bodies of the special monitoring procedures, the Committee on Freedom of Association, the tripartite committees set up to consider representations of non-observance and the commissions of inquiry set up to consider complaints (Article 26 of the Constitution).

10.How do supervisory system monitoring procedures work and how can unions leverage them?

The regular supervisory procedure consists of the examination by certain ILO supervisory bodies of the level of application of compliance with international labor standards on the basis of periodic reports that States are obliged to send to the ILO. The two regular supervisory bodies are the Committee of Experts on the Application of Conventions and Recommendations and the Committee on the Application of Standards of the International Labour Conference. Both supervisory bodies were established at the 1926 International Labour Conference in order to respond to the increase in the volume of reports submitted by Member States and the complexity of their technical content. The regular supervisory procedure

40. ILO. Monitoring compliance with international labour standards: The key role of the ILO Committee of Experts on the Application of Conventions and Recommendations. Geneva: ILO, 2019.: https://www.ilo.org/wcmsp5/

groups/public/---ed_norm/---normes/documents/publication/wcms_730866.pdf

involves a combination of, on the one hand, a technical, impartial and independent review by the Committee of Experts on the Application of Conventions and Recommendations and, on the other hand, a tripartite political review by the ILO Conference Committee on the Application of Standards. This combination of technical and political review is one of the fundamental particularities of the ILO supervisory system and makes it one of the most elaborate systems of human rights protection at the international level. The following is information on the regular supervisory bodies of the ILO.

ILO REGULAR SUPERVISORY BODIES

Committee of Experts on the Application of Conventions and Recommendations

Composition: The Committee of Experts is composed of 20 members appointed by the Governing Body on the proposal of the Director-General for renewable periods of three years. Appointments are made in a personal capacity among completely impartial persons of technical competence and independent standing. They are drawn from all parts of the world, in order that the Committee may enjoy first-hand experience of different legal, economic, and social systems. Principles of operation: The Committee’s fundamental principles are those of independence, impartiality, and objectivity in noting the extent to which the position in each State appears to conform to the terms of the

Conventions and the obligations accepted under the ILO Constitution. Functions: The Committee is called on to examine:

I)The annual reports under Article 22 of the Constitution on the measures taken by Members to give effect to the provisions of Conventions to which they are parties, and the information provided by Members concerning the results of inspections;

II) The information and reports concerning Conventions and

Recommendations communicated by Members in accordance with

Article 19 of the Constitution;

III) Information and reports on the measures taken by Members in accordance with Article 35 of the Constitution (application of Conventions to non-metropolitan territories).

Committee on the Application of Standards of the International Labour Conference

Composition: The Committee is set up under Article 7 of the Standing

Orders of the Conference. It is tripartite, consisting of representatives of governments, employers, and workers. The Committee elects a Chairperson and two Vice-Chairpersons, chosen from each of the Groups, as well as a rapporteur.