Article 24 is a special procedure which provides for the examination of allegations from workers’ and employers’ organizations that a ratified ILO Convention is not being effectively observed. Ratification of relevant ILO Conventions is required.
Procedural aspects: Making the representation fit for acceptance
To be receivable, the representation must:
- Be communicated to the ILO in writing;
- Come from an industrial association of workers;
- Make specific reference to Article 24 of the Constitution;
- Concern a member State of the ILO;
- Refer to a Convention to which the member State in question is a party;
- Indicate in what respect it is alleged that the member State has failed to secure the effective observance within its jurisdiction of that Convention.
An electronic form is available on the ILO website and may be used to submit a representation;
Once the Office acknowledges receipt of the representation and the Government concerned is informed, the Officers of the Governing Body (GB) make a recommendation to the GB concerning its fitness for acceptance, or receivability.
Examination of the representation
Once the GB deems the representation receivable, an ad hoc tripartite committee is set up for its examination.
This committee may suspend the examination of the merits of the representation in order to address the allegations by seeking conciliation or other measures at the national level for a maximum period of six months, subject to the agreement of the organization making the representation and the agreement of the Government; and with the possibility for the organization making the representation to request the procedure to resume at an earlier moment should the conciliation/other measures fail.
After having examined the merits of the case, the committee issues a report of findings which is referred to the GB for approval or adoption. The GB may also decide to publish the case where no statement is received within a reasonable time from the Government in question or if the statement is not deemed to be satisfactory by the GB.
Potential impact
Representations concerning freedom of association principles are examined by the Committee on Freedom of Association (CFA) according to the modalities set out to examine article 24 representations.
The CFA will report its findings to the GB and the GB will normally refer the case to the CEACR for follow-up.
Find out more: ILO Constitution, Article 24 and standing orders concerning the procedure for the examination of representation under Articles 24 and 25 of the Constitution of the International Labour Organization