Section 4 Reports on ratified Conventions

Obligation to report

34. Article 22 of the Constitution provides: (Endnote_1)

Each of the Members agrees to make an annual report to the International Labour Office on the measures which it has taken to give effect to the provisions of Conventions to which it is a party. These reports shall be made in such form and shall contain such particulars as the Governing Body may request.

Reporting system

35. In November 2001 and March 2002, the Governing Body approved a new reporting system, which entered into force in 2003 for a period of five years. (Endnote_2) Reports on ratified Conventions are either due every two years for fundamental and priority Conventions, or every five years for all the other Conventions, unless they are specifically requested at shorter intervals.

(a) Detailed reports. Detailed reports are to be drawn up in accordance with the report form approved by the Governing Body of the ILO for each Convention. (Endnote_3) Member States are requested to provide a detailed report at their own initiative if there have been significant changes in the application of a ratified Convention (for example, the adoption of substantial new legislation or other changes affecting the application of a Convention). Detailed reports are also required in the following cases:

(i) where they are explicitly requested by the Committee of Experts or the Conference Committee (the Committee of Experts requests detailed reports by means of a footnote in an observation or direct request and the Conference Committee when adopting its conclusions);

(ii) a detailed first report is requested the year following the entry into force of a Convention for a particular country.

(b) Simplified reports. Subsequent reports are requested periodically on one of the following bases, on the understanding that the Committee of Experts may request detailed reports outside the usual reporting cycle.

(i) Two-year cycle. Reports are automatically requested every two years for the following 12 Conventions, which are considered to be fundamental or priority Conventions. (Endnote_4) Requests for reports are divided into two groups. States with names beginning with the letters A to K (in English alphabetical order) provide reports on fundamental and priority Conventions in even-numbered years and those in the second half of the alphabet supply their reports in odd-numbered years.

Fundamental Conventions:

- freedom of association and collective bargaining: Conventions Nos. 87 and 98;

- abolition of forced labour: Conventions Nos. 29 and 105;

- equality of opportunity and treatment: Conventions Nos. 100 and 111;

- child labour: Conventions Nos. 138 and 182.

Priority Conventions:

- employment policy: Convention No. 122;

- labour inspection: Conventions Nos. 81 and 129;

- tripartite consultations: Convention No. 144.

(ii) Five-year cycle. Simplified (Endnote_5) reports are requested every five years for the other Conventions, in accordance with their arrangement by subject matter. For certain groups of Conventions with a large number of instruments, States are requested to provide their simplified reports according to the same distribution by alphabetical order as for the fundamental and priority Conventions:

- freedom of association (agriculture, non-metropolitan territories): Conventions Nos. 11, 84 and 141;

- industrial relations: Conventions Nos. 135, 151 and 154;

- protection of children and young persons: Conventions Nos. 5, 6, 10, 33, 59, 77, 78, 79, 90, 123 and 124;

- employment promotion: Conventions Nos. 2, 88, 96, 159 and 181;

- vocational guidance and training: Conventions Nos. 140 and 142;

- security of employment: Convention No. 158;

- social policy: Conventions Nos. 82 and 117;

- wages: Conventions Nos. 26, 94, 95, 99, 131 and 173;

- working time: Conventions Nos. 1, 14, 30, 47, 52, 89, 101, 106, 132, 153, 171 and 175;

- workers with family responsibilities: Convention No. 156;

- migrant workers: Conventions Nos. 97 and 143;

- occupational safety and health: Conventions Nos. 13, 45, 62, 115, 119, 120, 127, 136, 139, 148, 155, 161, 162, 167, 170, 174, 176 and 184;

- social security: Conventions Nos. 12, 17, 18, 19, 24, 25, 42, 44, 102, 118, 121, 128, 130, 157 and 168;

- maternity protection: Conventions Nos. 3, 103 and 183;

- labour administration: Conventions Nos. 63, 85, 150 and 160;

- seafarers: Conventions Nos. 7, 8, 9, 16, 22, 23, 53, 55, 56, 58, 68, 69, 71, 73, 74, 92, 108, 133, 134, 145, 146, 147, 163, 164, 165, 166, 178, 179, 180 and 185;

- fishermen: Conventions Nos. 112, 113, 114, 125 and 126;

- dockworkers: Conventions Nos. 27, 32, 137 and 152;

- indigenous and tribal peoples: Conventions Nos. 107 and 169;

- specific categories of workers: Conventions Nos. 110, 149, 172 and 177.

(c) Non-periodic reports. Non-periodic reports on the application of a ratified Convention are requested in the following cases:

(i) when the Committee of Experts, of its own initiative or that of the Conference Committee on the Application of Standards, so requests;

(ii) when the Committee of Experts is called on to consider the follow-up to proceedings instituted under articles 24 or 26 of the Constitution or before the Committee on Freedom of Association; (Endnote_6)

(iii) when comments have been received from national or international employers' or workers' organizations and the Committee of Experts considers that a detailed report is warranted in the light of the government's replies or the fact that the government has not replied;

(iv) when no report is supplied or no reply provided to comments made by the supervisory bodies (given that, where there is repeated failure to reply or the reply is manifestly inadequate, the Committee of Experts may examine the matter on the basis of the available information).

(d) Exemption from reporting. Subject to the conditions and safeguards laid down by the Governing Body, (Endnote_7) no reports are requested on certain Conventions, particularly those which have been shelved. (Endnote_8)

Detailed reports

36. A detailed report should be in the form approved by the Governing Body for each Convention. The form sets out the substantive provisions of the Convention, information on which has to be supplied. It includes specific questions as to some of the substantive provisions, designed to aid in the preparation of information which will enable the supervisory bodies to appreciate the manner in which the Convention is applied. A typical report form also contains questions on the following matters:

(a) Laws, regulations, etc. All relevant legislation or similar provisions should be listed and - unless this has already been done - copies supplied.

(b) Permitted exclusions, exceptions or other limitations. Several Conventions allow given categories of people, economic activities or geographical areas to be exempted from application, but require a ratifying State which intends to make use of such limitations to indicate in its first article 22 report the extent to which it has recourse to them. It is therefore essential for the first report to include indications in this respect, since, if it does not, the limitations will no longer be possible. The same Conventions may call for information to be included in subsequent article 22 reports indicating the extent to which effect is nevertheless given to the Convention in respect of the excluded persons, activities or areas.

(c) Implementation of the Convention. Detailed information should be given for each Article on the provisions of legislation or other measures applying it. Some Conventions ask for particular information to be included in reports (as to the practical application of the Convention or certain Articles or as to application in cases of exclusion).

(d) Effect of ratification. Information is asked for as to any constitutional provisions giving the ratified Convention the force of national law and any additional measures taken to make the Convention effective. (Endnote_9)

(e) Comments by the supervisory bodies. Where the Committee of Experts or the Conference Committee on the Application of Standards have made comments or asked for information, the report should indicate the action taken and supply the information wanted.

(f) Enforcement. Governments are asked to indicate the authorities responsible for administration and enforcement of the relevant laws, regulations, etc., and to supply information on their activities. Copies of the authorities' own reports may be appended or - if they have already been supplied - referred to.

(g) Judicial or administrative decisions. Governments are asked to supply either a copy or a summary of relevant decisions.

(h) Technical cooperation. Governments are asked to indicate the measures taken as a result of the assistance or advice provided in the context of ILO technical cooperation projects.

(i) General appreciation. Governments are asked to give a general assessment of how the Convention is applied, with extracts from any official reports, statistics of workers covered by the legislation or collective agreements, details of contraventions of the legislation, prosecutions, etc.

(j) Observations by employers' and workers' organizations. Full information should be provided with any government response. (Endnote_10)

(k) Communication of copies of reports to employers' and workers' organizations. The names of the organizations to which copies are sent should be given. (Endnote_11)

Simplified reports

37. These will contain only:

(a) Replies to the comments of the supervisory bodies: full particulars in reply to any questions raised in the comments (observations and direct requests) of the Committee of Experts concerning the application of the Convention.

(b) Laws, regulations, etc.: information on whether any changes have occurred in legislation and practice affecting the application of the Convention and on the nature and effect of such changes (if the changes are significant, a detailed report should be provided).

(c) Implementation of the Convention: statistical or other information and communications prescribed by the Convention in question (including required information on any permitted exclusions).

(d) Communication of copies of reports to employers' and workers' organizations: an indication of the employers' and workers' organizations to which copies of the simplified report have been addressed.

(e) Observations of employers' and workers' organizations: the text of any observations made by employers' and workers' organizations to which a copy of the simplified report has been addressed, where these observations have not already been forwarded to the Office, and any comments that the Government wishes to make on the observations received.

Consultation of employers' and workers' organizations

38. Article 5, paragraph 1(d), of Convention No. 144 and Paragraph 5(e) of Recommendation No. 152 provide for consultation of representatives of employers' and workers' organizations on questions arising out of reports to be made on ratified Conventions.

Communication of reports to employers' and workers' organizations

39. Under article 23, paragraph 2, of the Constitution, copies of all reports on the application of ratified Conventions should be communicated to representative organizations of employers and workers. This may be done either prior to finalization of the report, inviting comments which can yet be taken into account, or at the same time as the reports are sent to the ILO. In any event, when forwarding their reports to the ILO, governments should indicate the organizations to which communication has been made. Those organizations may make any observations they wish on the application of ratified Conventions.

Observations of employers' and workers' organizations

40. Observations may be received by a government directly from an organization, concerning the implementation of a ratified Convention or relevant legislation. They may or may not relate specifically to one of the government's reports. Full details - including, normally, a copy of the observations - should be sent in the government's report, together with the government's response, if any. Observations may alternatively be received by the Office straight from an organization: in this case, the Office acknowledges receipt and simultaneously forwards a copy to the government concerned, so that it might respond.

ILO procedures for requesting reports (Endnote_12)

41. (a) Letters requesting reports on the application of ratified Conventions are sent to governments each February, together with a list of the Conventions on which respectively detailed and simplified reports are due; the report forms adopted by the Governing Body in the case of the detailed reports; shorter questionnaires in the case of simplified reports; copies of observations and direct requests of the Committee of Experts to which replies are due; copies of any discussion of an individual case on which a report is due in the Conference Committee on the Application of Standards; and guidance notes on matters to be taken into account in preparing the reports. Copies of the requests for reports and related comments of the Committee of Experts are also sent to national organizations of employers and workers.

(b) In accordance with the Governing Body decision, reports are requested to reach the Office between 1 June and 1 September at the latest each year. (Endnote_13) Reminders are sent to governments which do not transmit their reports on time, and the matter may be raised with government delegates at the June session of the Conference. ILO field offices and standards specialists in the field may also be asked to assist by contacting governments concerned.

(c) In response to the Committee of Experts' request, the Office, when it receives governments' reports, checks to see whether they contain information and documents in reply to any observations or direct requests of the Committee of Experts itself or observations of the Conference Committee. If they do not, the Office will, without entering into the substance of the matter, draw the attention of the government concerned to the need for a reply. The Office is also requested to write to governments concerned when reports are not accompanied by copies of relevant legislation, statistics or other documentation at issue and these are not otherwise available, and to ask them to send such documentation. The substance of information supplied is examined by the responsible supervisory bodies.

Summary

42. Under article 23, paragraph 1, of the Constitution, a summary of reports on the application of ratified Conventions has to be laid before the next meeting of the Conference. Such summary appears in an abbreviated, tabular form in Report III (Part 1A). In addition, the Office (through the secretariat of the Committee on the Application of Standards) makes copies of reports on ratified Conventions available for consultation at the Conference, if required.

Arrangement of Conventions 1 by group in the two-year and five-year reporting cycles for reporting purposes
(English alphabetical order)

 

1st year	2nd year	3rd year	4th year	5th year
2003	2004	2005	2006	2007
TWO-YEAR CYCLE
Freedom of association and collective bargaining (A-J)	Freedom of association and collective bargaining (K-Z)	Freedom of association and collective bargaining (A-J)	Freedom of association and collective bargaining (K-Z)	Freedom of association and collective bargaining (A-J)
87	87	87	87	87
98	98	98	98	98
Forced labour (K-Z)	Forced labour (A-J)	Forced labour (K-Z)	Forced labour (A-J)	Forced labour (K-Z)
29	29	29	29	29
105	105	105	105	105
Equality of opportunity and treatment (A-J)	Equality of opportunity and treatment (K-Z)	Equality of opportunity and treatment (A-J)	Equality of opportunity and treatment (K-Z)	Equality of opportunity and treatment (A-J)
100	100	100	100	100
111	111	111	111	111
Child labour (K-Z)	Child labour (A-J)	Child labour (K-Z)	Child labour (A-J)	Child labour (K-Z)
138	138	138	138	138
182	182	182	182	182
Employment policy (A-J)	Employment policy (K-Z)	Employment policy (A-J)	Employment policy (K-Z)	Employment policy (A-J)
122	122	122	122	122
Labour inspection (K-Z)	Labour inspection (A-J)	Labour inspection (K-Z)	Labour inspection (A-J)	Labour inspection (K-Z)
81	81	81	81	81
129	129	129	129	129
Tripartite consultations (A-J)	Tripartite consultations (K-Z)	Tripartite consultations (A-J)	Tripartite consultations (K-Z)	Tripartite consultations (A-J)
144	144	144	144	144
Five-year cycle
Working time	Occupational safety and health (K-Z)	Occupational safety and health (A-J)	Social security (K-Z) 2	Social security (A-J)
1	13	13	12	12
[4]	45	45	17	17
14	62	62	18	18
[20]	115	115	19	19
30	119	119	24	24
[41]	120	120	25	25
[43]	127	127	[35]	[35]
47	136	136	[36]	[36]
[49]	139	139	[37]	[37]
52	148	148	[38]	[38]
[67]	155	155	[39]	[39]
89	161	161	[40]	[40]
101	162	162	42	42
106	167	167	[44]	[44]
132	170	170	[48]	[48]
153	174	174	102	102
171	176	176	118	118
175	184	184	121	121
Social policy	Seafarers (A-J)	Seafarers (K-Z)	128	128
82	7	7	130	130
117	8	8	157	157
Maternity protection	9	9	168	168
3	[15]	[15]	Protection of children and young persons (A-J)	Protection of children and young persons (K-Z)
103	16	16	5	5
183	22	22	6	6
Specific categories of workers	23	23	10	10
110	53	53	33	33
149	55	55	59	59
172	56	56	[60]	[60]
177	58	58	77	77
Indigenous and tribal peoples	68	68	78	78
[50]	69	69	79	79
[64]	71	71	90	90
[65]	73	73	123	123
[86]	74	74	124	124
[104]	[91]	[91]
107	92	92	Wages (A-J)	Wages (K-Z)
169	108	108	26	26
Vocational guidance and training	133	133	94	94
140	134	134	95	95
142	145	145	99	99
	146	146	131	131
	147	147	173	173
	163	163	Fishermen	Dockworkers
	164	164	112	27
	165	165	113	[28]
	166	166	114	32
	178	178	125	137
	179	179	126	152
	180	180	Workers with family responsibilities	Migrant workers
	Employment promotion (K-Z)	Employment promotion (A-J)	156	[21]
	2	2	Security of employment	97
	[34]	[34]	158	143
	88	88	Freedom of association (agriculture, NMTs)
	96	96	11
	159	159	84
	181	181	141
	Labour administration (A-J)	Labour administration (K-Z)
	63	63
	85	85
	150	150
	160	160
	Industrial relations
	135
	151
	154

1 The following Conventions are not included in the table because they are not subject to reporting under article 22 of the Constitution: withdrawn Conventions - Conventions Nos. 31, 46, 51, 61, 66; Conventions that have not entered into force - Conventions Nos. 54, 57, 70, 72, 75, 76, 93, 109; Conventions on final provisions - Conventions Nos. 80, 116. In addition, supervision of Convention No. 83 takes place as part of the supervisory process for the Conventions listed in the annex to that instrument. The following shelved Conventions are indicated between square brackets in the table: Conventions Nos. 4, 15, 20, 21, 28, 34, 35, 36, 37, 38, 39, 40, 41, 43, 44, 48, 49, 50, 60, 64, 65, 67, 86, 91, 104. Reports on the application of shelved Conventions are not requested on a regular basis. However, detailed reports may become due on these Conventions following, among other things, observations submitted by employers' and workers' organizations.

2 Countries which belong to the group A-J (English alphabetical order) and have ratified the European Code of Social Security, will be requested to submit their report at the same time as the group K-Z.

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Endnotes

Endnote 1

The obligation under article 22 to report on the application of ratified Conventions is distinct from various other obligations laid down by individual Conventions, requiring information (such as statistics or labour inspection reports) to be regularly supplied to the International Labour Office. The obligations under individual Conventions are independent and remain unaffected by changes in the article 22 reporting system described here.

Endnote 2

Documents GB.282/LILS/5 of Nov. 2001 and GB.283/LILS/6 of Mar. 2002.

With regard to the reporting system, the Governing Body decided in Nov. 2001 to:

(a) maintain the two-year and five-year reporting cycles, with the Conventions presently in each group;

(b) approve the grouping of fundamental and priority Conventions alphabetically by country for reporting purposes;

(c) approve the arrangement of all other Conventions by subject groups for reporting purposes;

(d) discontinue detailed reports on fundamental and priority Conventions unless there are changes, or they are requested by supervisory bodies;

(e) discontinue the automatic requirement to send a detailed report if the government fails in its obligation to send a simplified report;

(f) discontinue the automatic requirement for detailed second reports.

With a view to the implementation of its decisions, in Mar. 2002 the Governing Body approved for reporting purposes the grouping by subject matter of Conventions in the five-year cycle and the arrangement of the groups of Conventions in two-year and five-year cycles for reporting purposes.

Endnote 3

For the content of a detailed report, see para. 36 below.

Endnote 4

The Governing Body may periodically review the Conventions for which reports are required every two years.

Endnote 5

For the content of a simplified report, see para. 37 below.

Endnote 6

In this respect, see paras. 76-84 below.

Endnote 7

In Mar. 1996, the Governing Body confirmed the suspension of requests for reports on certain Conventions which no longer appear to be up-to-date, subject to the conditions and safeguards established at its 229th Session (February-March 1985). Para. 4 of document GB.229/10/9 reads as follows:

(a) Should circumstances change so as to give renewed importance to any of the Conventions concerned, the Governing Body could again require detailed reports to be presented on their application.

(b) Employers' and workers' organizations would remain free to present comments on problems encountered in the fields covered by the Conventions concerned. In accordance with established procedures, these comments would be considered by the Committee of Experts on the Application of Conventions and Recommendations, which could request such information (including a detailed report) as it might deem appropriate.

(c) On the basis of information given in the general reports or otherwise at its disposal (for example, legislative texts), the Committee of Experts would be free at any time to make comments and to request information concerning the application of the Conventions concerned, including the possibility to ask for a detailed report.

(d) The right to invoke the constitutional provisions relating to representations and complaints (articles 24 and 26) in respect of the Conventions concerned would remain unaffected.

Endnote 8

The following 24 Conventions have been shelved and reports are no longer requested on them on a regular basis: Conventions Nos. 4, 15, 20, 21, 28, 34, 35, 36, 37, 38, 39, 40, 41, 43, 48, 49, 50, 60, 64, 65, 67, 86, 91 and 104. The shelving of Conventions is without incidence as to their effects on the legal systems of the member States which have ratified them.

The following Conventions are not subject to reporting under article 22 of the Constitution - Conventions which have been withdrawn: Conventions Nos. 31, 46, 51, 61 and 66; Conventions which have not entered into force: Conventions Nos. 54, 57, 70, 72, 75, 76, 93 and 109; and Conventions on the final Articles: Conventions Nos. 80 and 116.

Furthermore, the supervision of Convention No. 83 is carried out in the context of the examination of the Conventions listed in the Schedule to that instrument.

Endnote 9

See para. 29 above.

Endnote 10

See para. 40 below.

Endnote 11

See para. 39 below.

Endnote 12

Procedures for the examination of reports are described in para. 56 below.

Endnote 13

Governments may transmit their reports all together or in batches. The reports should cover the period up to the time when they are transmitted.