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Monitoring International Labor Standards National Legal Frameworks: Summary of a Workshop (2003) / Chapter Skim
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4. Methods of Assessing National Laws and Enforcement Mechanisms
Pages 30-39

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From page 30...
... The diverse membership offers a variety of international perspectives and a range of legal expertise that extends beyond labor law. The CEACR forms part of the supervisory mechanisms of the ILO; it is not a court or tribunal, and it does not issue enforceable judgments.
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From page 31...
... Country reports on fundamental Conventions1 are due to the ILO every two years, and report forms are provided to the responsible parties to indicate the types of information requested.2 Reports on any other ratified Conventions generally follow a five-year cycle. When government reports are drafted, they are supposed to be shared with the employer and worker organizations of that country, but Professor Bellace said that in practice this is not always done.
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From page 32...
... These cases are discussed at the International Labour Conference, and a record of them is published on the ILO website. Professor Bellace noted that delegates can raise complaints or offer defenses related to particular countries at this time, and a record of these statements is publicly available through the Provisional Record of the Conference, which has the final say on matters of country implementation.
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From page 33...
... There are many sources of international labor standards. Individual Conventions of the ILO, the European Union's special incentive arrangement on labor rights, and various provisions of U.S.
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From page 34...
... jurisprudence has developed around these standards, and they are universally recognized." But when the assessor decides unilaterally what a particular standard means, subjectivity enters the assessment process in the earliest stages. Instead, if flexibility is desired, "It can be achieved not by selecting standards of looser content but by adjusting the level of compliance required." The African Growth and Opportunity Act, for example, uses the requirement that a country "has established, or is making continual progress toward establishing protection of internationally recognized labor ~~2 rlgnts.
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From page 35...
... Tajgman noted that in many countries the laws, including subsidiary rules and regulations, are constantly changing and can be voluminous in nature. Staying current requires a combination of investigative skills, knowledge of the relevant standards, and "the goodwill of the country involved, which makes possible the friendly asking of questions." The third step in the process of assessing national compliance with international labor standards is to examine the actual practices.
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From page 36...
... Mr. Tajgman added that the three steps discussed above determining the relevant standards, assessing the law, and examining actual practicesshould also incorporate several practical considerations.
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From page 37...
... Professor Bellace agreed, noting, "If you say something like freedom of association, unless you have a specific Convention, what does it mean? It's such a broad concept, and so trying to pinpoint something that's internationally agreed upon by a respected body to me has such merit versus a unilateral determination, which can be attacked by others simply saying, 'well, that's your political view."' Professor Srinivasan initiated a discussion of member states' motivations to ratify ILO Conventions; he wondered if the CEACR supervisory process and the examination of national application serve as a form of disincentive.
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From page 39...
... Unlike Conventions, it is not open for ratification. It is based on the ILO Constitution and aims to support countries in their efforts to realize fundamental principles and rights, primarily through technical cooperation and advisory services.
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Key Terms

  • labor standards
  • national laws
  • assessing national
  • international labor
  • international standards

  • direct requests
  • particular countries
  • ilo conventions
  • assessing compliance
  • relevant standards

  • trade unions
  • assessment based
  • law countries
  • ceacr report
  • special incentive

  • national trade
  • collective bargaining
  • national law
  • ilo standards
  • bellace noted

  • national application
  • country reports
  • ratified conventions
  • report forms
  • internationally recognized

  • national compliance
  • wharton school
  • forced labor
  • frameworks lead
  • supervisory process


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