ILO member States which have not ratified the relevant ILO Conventions are still required to report the position of their laws and practices in regard to freedom of association principles to the ILO Director-General.
The Article 19 obligation is currently used to produce General Surveys concerning different instruments selected by the Governing Body, including on freedom of association, and the reporting called for in the follow-up to the ILO’s Declaration on Fundamental Principles and Rights at Work, of 1998.
Ratification of relevant ILO Conventions is not required with this option.
Potential Impact
Although its influence is less clear, reporting by governments which have not ratified the freedom of association Conventions on application of the principles has had an impact, both on the application of the principles in the States concerned and globally.
Whether they result in preparation of a General Survey or information to the Governing Body under the Declaration, reports under Article 19 provide four important opportunities:
- For the reporting State to consider its application of the Conventions and the advisability of ratification;
- For the CEACR, where a General Survey is to be produced, to consolidate its views on the meaning of the instruments concerned;
- For all the parties concerned to determine what obstacles stand in the way of ratification and possible ways of overcoming them;
- For identifying areas in which the assistance of the Organization through its technical cooperation activities may prove useful to its members to help them implement these fundamental principles and rights.
These opportunities suggest that Article 19 can be used to influence the application of principles on freedom of association at the national level:
- Employers’ and workers’ organizations, as well as the government concerned, should have thoroughly analyzed the State’s application of the freedom of association principles in law and in practice when a report is requested. Analysis, done independently by those most concerned by the matter, could be useful in particular cases – especially where there is an opportunity to publicize issues which stand in the way of application. The technical assistance of the International Labour Office may be requested;
- Consultation about issues which stand in the way of application can be useful in finding solutions for application and promoting ratification;
- Employers’ and workers’ organizations can comment directly to the ILO about the application of the Convention or Recommendation.
Find out more: ILO Constitution, Article 19(5)(e).