Working Group on the Working Methods of the Conference Committee on the Application of Standards (Second meeting)
Informal Tripartite Consultations (11 November 2006)
Office note'
Background
Tl'ie functioning of tlie Conference Coinn'iittee on tl'ie Application of Standards lias been a rectu'rent theme of discussion over the last 15 years, botl'i witliin tl'ie Coininittee itself and tlie Goveniing Body. It l'ias, however, been establislied tliat it is for tlie supervisory bodies tliemselves to decide upon their worlcing metl'iods, even tliougli tlie Govei-ning Body can provide ideas to facilitate such
discussions2.
Tlie general objective of the present disc'i'issions is to improve the effectivei'iess and the transparency of tl'ie Coininittee's work and tl'ius contribute to tlie reinforcement of tlie Coimnittee. It may be recalled tl'iat inforn'ial consultations also took place in Marcli20033.
Tlie discussions continued at tlie Coinnffttee's subseque:t'it sessions. At tlie June 2006 Conference, a tripaitite worlcing group was established and subsequently held its first meeting.Some improvements and simplifications have already been made duiing tl'ie last few years (a remiiider of tliese is provided in the following paragraplis). They involve, most notably, tlie more in-depth and interactive infoimation session held at the begiru'ffng of the Committee, tlie shortening of the general discussion and tlie decision to no longer publisli the ininutes of tl'iis discussion, the preparation of tlie Chaiiperson's conclusions, ai'id tlie giving of greater consideration to teclu'ffcal assistance in tlie Con'unittee's work.
Following a decision made in June 2005, tlie Coininittee now prits greater emphasis on tlie impoitance of cases foimerly referred to as "automatic" and renamed "cases of serious failure to respect reportiiig and other standards-related obligations", and tlie treatment of sucl'i cases lias been rationalized. At the Conunittee's last session, two other sigi'iificant advances were noted, namely tlie publication of a preliminary list of individual cases (before the begiru'iing of tlie Conference) and improved geographical balance in tlie selection of tliese cases. Moreover, an impo'itant development witli regard to transparency was made in tl'ie work of tl'ie Coininittee of Experts at its session in November-December 2005, namely tlie adoption of criteria for footnotes and for cases of progress .4
'
Tlie Conference Committee's Scliedule of Work for June 2006 (C.App/D0, 95"' Session, If,C 2006) and tlie document on tlie work of tlie Con'imittee submitted by tlie Office tliat same year (C.App/Dl, 95ffiSession, ILC 2006) are attaclied in tlie appendices.
2Document GB.280/LILS/3 (Marcli 2001), paragrapli 36.
3 st
See, in paiticular, ILC 2003 (91 Session): document on tlie working metliods of tlie Con'imittee, June 2003 (C.App/DI) and tlie General Repoit of tl'ie Committee, Provisional Record No. 24, paragi'aplis 16 to 40.
4
See tlie Repoit of tlie Committee of Expei'ts on tlie Application of Conventions and Recommendations, ILC 2006, paragi'aplis 36 and 37 (footi'iotes) and 42 to 46 (cases of progress), and Appendix II (Annexes I and II).1
The items on tlie agenda of tlie Working Grorip's first n"ieeting, whicli were based on the proposals :ii'iade to tlie Con-unittee driring tlie discussion, were as follows: preliminary list of individuaI cases; tiiq'ie management of tlie Con'unittee; drafting and adoption of conclusions of tlie cases; role of Govennnents in tlie Con'unittee; and prelin'iinary coi"isiderations for a coruitry-based approacli. A consensus was reacl'ied to continue publisliing a prelin"iinary list on a trial basis and it was n'iade clear tliat tlie country-based approacli was a matter for tlie LILS Con'unittee. Tlie Worlcii"ig Gror'ip begai"i discussing tl'ie time management of tl'ie Cominittee. Tlie matter of selection criteria of case's was also addressed.
Tlie agei'ida proposed for tlie presei'it meeting includes outstanding items froi'ii the previous agenda, witli tlie exception of tlie item conceming tlie country-based approach (wliicli is tl'ie subject of other consultations within tlie framework of tlie LILS Committee). Tlie present agenda includes also tlie criteria for tlie selectioi'i of individual
cases.
Time Management of the Conference Committee"
Ainong tl'ie advances made, tlie duration of tlie general discussion, includi'i'ig the discussion on the General Survey, lias been progressively reduced to one and a half days (in 2003, for instance, it lasted almost three days) and tlie tiine given to each speaker during tl'iis discussion is better regulated. At tlie June 2006 consultation, a munber of conunents were made on other possible improvements: in paiticrilar, the need for greater discipline from members of tlie Committee and the possibility for Governrnents to take greater advantage of the publication of a preliininary list by registering earlier to come before tlie Coriunittee.
Criteria for selection of individual cases6
In addition to considerations relating to tlie need for balance between different categories of Conventions and geograpl'ffcal balance, tlie selection criteria for establishing tl'ie list liave traditionally included tlie following elements:
(a) tl'ie nature of tlie coi'm'i'ients of tlie Coinn'iittee of Expeits, in paiticular tl'ie existence of a footnote;
(b) tlie seriousness and persistence of sl'ioitcoinings in tlie application of tl'ie Convention;
(c) the urgency of a specific situation;
(d) comi'iients received by e'inployers' and workers' orga'iiizatioi'is;
(e) tl'ie nahire of a specific situation (if it raises a l'ffitl'ierto ruidiscussed qriestion, or if tl'ie case presei'its an interesting approacli to solving qriestions of application);
(f) tlie discussions and conclusions of tl'ie Conference Conunittee of previous sessions and, in particular, tlie existence of a special paragrapli; and
(g) tlie likeliliood tliat discussing tl'ie case worild liave a tangible impact.
5 See, for example, tl'ie SclieduIe of Work of June 2006 in Appendix I.
Tliese ci'itei-ia are refei'red to in docun'ient C.App/DI (see Appendix 2)
2
At tl'ie Con'ui"iittee's last session, improven"ients were observed in tenns of greater geograpl'iical balance in tl'ie selection of cases. Effoits liave also been made to ensure greater consideration of so-called "teclu'iical" Conventions. In order to ensure tl'ie greater visibility of these two criteria (geograpliical balance and balance between tlie fru"idamental and the otlier Conventions), consideration miglit be given to wliether they sliould also be listed, for instance, after criteria (a) to (g). Moreover, in June 2006, a case of progress was included in tlie list of cases.
Drafting and adoption of conclusions
The
CliaiiBerson'sconclusions relating to individual cases are crurently
proposed systen'iatically followii'ig a par'ise during wliicl'i tlie Cliairperson is able to consult tlie Repoiter and tlie Vice-Cliaii'persons of tlie Con'u'i'ffttee. Tl'ie conclusions talce into due consideration the points raised in tlie discussion, and incoi'porate, in appropriate cases, tecl'inical assistance needs. Tl'ie practice of intenuption lias, liowever, one weak point: a certain period of time is always required between tl'ie end of tlie discussion and tlie reading of tlie conclusions. In tins regard, consideration n'iiglit be given to some ai'rangen'ients to red'i'ice this period of time to a mininuun. Effoits to ensure clearer drafting liave also been requested.Role of governments in the Committee
Goveininents paiticipate in tl'ie examination of all the cases. Tliey are not involved in the preparation of the list of cases. Tl'irougl'i the Cliairperson and tlie Repoiter, they have a role in tlie preparation of tl'ie conclusions. Tl'ie closer involvement of the Reporter and the srippoit he gives to tlie Chairperson throughout tlie work also fon'n part of the progress made duriiig tlie last few years.
3
Appendix I
INTERNATIONAL LABOUR CONFERENCE C.App./D.0
95'h Session, Geneva, June 2006
Committee on the Application of Standards
PROVISIONAL WORKING SCHEDULE
(See Daily Bulletin for actual time schedules)
Wednesday, 31 May 1l a.m. - 11:30 a.m. - Opening Sitting - Election o'f OTficers Il :30 a.m. - I p.m. Group meetings
3 p.m. - 5 p.m.
5 p.m. - 6 p.m.
Group meetings
Statement by the Representative of the Secretary-General
Thursday, I June 9 a.m. - 'I I a.m.
Il a.m. - 1l :30 a.m.
1l :30 a.m. - I p.m.
Group meetings
Adoption of Methods of Work (D. I ) and of List of Cases (D.4)
Informal Information Meeting
3 p.m. - 6 p.m. General Discussion
(possible extended sitting)
Friday, 2 June 10 a.m. - I p.m. General Survey (Conventions Nos. 81 and 129, Protocol of 1995 to Convention No. 81 and Recommendations Nos. 81, 82 and 133)
3 p.m. - 6 p.m. General Survey (Conventions Nos. 81 and 129, Protocol of 1995 to Convention No. 81 and Recommendations Nos. €31, 82 and 133) (completion)
Saturday, 3 June 10 a.m. - I p.m. Special sitting: Myanmar
(Convention No. 29)
-2-
Appendix 2
INTERNATIONAL LABOUR CONFERENCE C. App./D.l
95th Session, Geneva, June 2006
Committee on the Application of Standards
Work of the Committee
Introduction
The object of tliis note is to indicate briefly the manner in which the work of the Con'in'iittee is cat"ried out. hi this regard, it shorild be noted that since 2002, ongoing discussions and infonnal consultations have talcen place conceining the worlang i'iietl'iods of the Co'i-iunittee. :[n particular, following tlie setting out of a new strategic orientation by the Governing Body in November 2005,'new consultations were held in March 2006 regarding numerous aspects of the standards system,
2
starting with the question of the publication of the list of individual cases discussed by the Committee. This paper reflects the current situation of the Committee's working methods in the light of these discussions.Terms of reference of the Committee
Under its teiit'is of reference as defined in article 7 of the Standing Orders of the Conference, the Cominittee is called upon to consider:
(a) the n'ieasures taken by Members to give cffcct to tlie provisions of Conventions to whicli they are paities and the infon'nation fuinished by Members concerning the results of inspections;
(b) tlie infonnation and reports concei-ning Conventions and Recommendations communicated by Men'ibers in accordance witli article 19 of tl"ie Constitution;
(c) tl"ie n'ieasures taken by Members in accordance with article 35 of tl'ie Constitution.
See docun'ients GB.294/LILS/4 and GB.294/9.
2
See para. 22 of document GB.294/LILS/4.En.Work oT the Commillee.C.App.DL2006.doc 1
Ill Working documents
A. Report of the Committee of Experts
The basic working document of the Comn'ffttee is tlie report of the Committee of Expeits on the Application of Conventions and Recommendations (Repoit III (Parts IA and B)), pri'iited in two vokunes.
Volume A of this repoit contains, in Part One, the General Report of the Comn';iittee of Experts (pages 5-28), and in Part Two, the observations of the Con'unittee conceming the application of ratified Conventions and tlie submission of Conventions and Recomn-iendations to the competent authorities in n'iember States (pages 29-478). At tlie beginning of the report there is a list of Conventions by subject (pages v-x), an index by Convention (pages xi-xviii), and an index by cormtry (pages xix-xxvi).
It will be recalled tliat, as regards ratified Conventions, tl'ie work of tlie Committee of Expeits is based on repoits sent by tlie governments.
3
Certain observations cari'y footnotes asking the govenqment concerned to repoit ii'i
detail, or earlier tlian tlie year in which a report on the Convention in question would nonnally be due, and/or to supply full particulars to the Conference.
4
Tlie Conference may also, in accordance with its usual practice, wish to receive infomiation from governments on other observations that the Cominittee of Expeits has made.h'i addition to the observations contained in its report, the Comn'iittee of Expeits l'ias, as in previous years, made direct requests which are conu'i'iunicated to governments by the Office on tl'ie Cominittee's behalf.
5
A list of these direct requests will be found at tlie end of Volume A (see AppendixVn,
pages 519-532).Volume B of the repoit contains the General Survey by the Committee of Experts, which this year is on labour inspection.
B. Summaries of reports
At its 267th (November 1996) Session, the Governing Body approved new measures for rationalization and sin'iplification of reporting. hi this coi'u'iection, it adopted changes along tl'ie following lines:
(i) infonnation conceming reports supplied by governments on ratified Conventions (articles 22 and 35 of tlie Constitution), which now appears in simplified foi'm in two tables aru'iexed to the report of the Comi'i'iittee of Expeits on the Application of Conventions and Reconunendations, Repoit III (Part IA) (Appendices I and II, pages 481-497);
(ii) information concerning reports supplied by governments as conceins General Surveys under article 19 of the Constitution (this year on Conventions Nos. 81 and 129, the Protocol of 1995, and Recommendations Nos. 81, 82 and 133 on labour inspection)
3
See para. 17 of tlie Conunittee of Expeits' General Report.4
See para. 35 of the Con'ui'iittee of Experts' General Repoit.5
See para. 34 of the Con'ui'iittee of Experts' General Report.En.Woik of the Commillee.C.App.D1.200(i.doc
appears in simplified fonn in a table aru'iexed to the report of the Cominittee of Experts on the Application of Conventions and Recon'imendations, Report III (Part IB) (Annex III, pages 148-152);
(iii) summai-y of information supplied by governments oi'i tlie submission to the competent arithorities of Conventions and Recon'imendations adopted by the Conference (article 19 of the Constitution), which now appears as Appendices IV, V and VI to the report of the Conunittee of Experts on tlie Applicatioi'i of Conventions and Reconunendations, Report III (Pait IA) (pages 505-518).
Requests for consultation or copies of reports 'inay be addressed to the secretariat of the Committee on the Application of Standards.
Other information
hi addition, as and when relevant inforination is received by the se.cretariat, documents are prepared and distributed containing the substance of:
(i) written replies of governments to the observations made by the Committee of Experts;
(ii) supplementary infonnation which reached the hitei'national Labour Office after tlie meeting of the Cominittee of Expeits.
IV. Composition of the Committee, right to participate in its work and voting procedure
These questions are regulated by the Standing Orders conceming committees of the Conference, which may be found in section H of Part II of the Standing Orders of the h'itemationaI Labour Conference.
Eacli year, the Con'in'ffttee elects its Chaii'person and Vice-Chaii'persons. The election of the Reporter takes place immediately after the election of the Chairperson and the Vice- Chairpersons.
Schedule of work
General discussion
1. General questioiqs. Each year the Comn'nttee l'iolds a general discussion which is prin'iarily based on the General Report of the Committee of Experts, Report III (Part IA) (pages 5-28).
2. General Sursiey. In accordance with its usual practice, the Con'imittee will also wisli to discuss the General Survey of tlie Committee of Experts, Report III (Part IB), whicli tliis year concerns labour inspection.
Discussion of observations
Ill Part Two of its report, the Committee of Expeits n'iakes observations on the manner in which various governments are fulfilling tl'ieir obligations. The Conference Comn'iittee tlien discusses some of these observations witli tl'ie governments concei'i'ied.
En.Work of the Commillee.C.App.D1.2006.doc 3
Individual cases
A draft list of observations (individual cases) regarding whicli Govei'nment delegates will be invited to supply information to the Co'i'iunittee is established by the Committee's Officers. The draft list of individual cases is then submitted to the Committee for approval.
In the establisliment of this list, a need for balance among different categories of Conventions as well as geographical balance is considered. In addition to the aboven'ientioned considerations on balance, criteria for selection have traditionally included the following elements:
the nakire of the co'inments of the Committee of Expeits, in paiticular the existence of a footnote (see Annex I);
tlie quality and scope of responses provided by tlie govenunent or the absence of a response on its pait;
the seriousness and persistence of shortcomings in tlie application of the Convention;
tl'ie urgency of a specific situation;
comments received by employers' and workers' organizations;
the nature of a specific situation (if it raises a hitlieito undiscussed question, or if the case presents an interesting approach to solving questions of application);
the discussions and conclusions of the Conference Con'imittee of previous sessions and, in particular, the existence of a special paragraph;
the likelihood that discussing the case would have a tangible impact.
Adoption of conclusions
The conclusions regarding individual cases are prepared and proposed by the Chairperson of the Co'inn'iittee, who should have sufficient time for reflection to draft the conclusions and to hold consultations with the Repoiter and the Vice-Chaii'persons before proposing the conclusions to the Committee. These conclusions take due accorint of tlie elements raised in the discussion.
Cases of serious failure by member States to respect their reporting and other standards-related obligations
6
Governments are also invited to supply infoi'mation on cases of serious failure to respect reportii'ig or other standards-related obligations for stated periods. These cases are considered in a single sitting. Govei-nments may remove then'iselves from this list by submitting the required infonnation before the sitting concetned.
Supply of information
The govei'nments concemed can reply in writing or orally.
6
Forn'ierly "automatic" cases (see Pr"ovisional Record No. 22, Intentational Labour Conference, 93rd Session, June 2005.En.Work of the Commiltee.C.App.[)L2006.doc
1. Written replies. The written replies of govemments are reproduced in the documents which are distributed to the Committee (see above, rinder III, C). When a sufficient period - at least 24 hours - has elapsed after the distribution of eacli document, members of the Committee wishing to comment on the inforn'iation contained in the document may so inform the Chaiiperson and tlie representative of the govei'nment concented will then l"iave the possibility of supplying tl"ie relevant information (see Oral replies below).
2. Oral replies. According to the procedure customarily followed, governments invited to submit infonnation to tlie Conference Coinn'iittee are invited to indicate when they will appear. Representatives of govemments which are not ineinbeis of the Con'in'iittee are kept infonned of the agenda of the Conunittee and of the date on which tliey may be heard:
(a) throrigh the Daily Bulletin;
(b) by n'ieans of letters sent to tliem individually by the Chaiiperson of the Committee.
C. Minutes of the sittings
No minutes are published for the ge'i'ieral discussion and the discussion of the General Survey. Minutes of sittings at which governments are invited to respond to the conunents of the Conunittee of Expeits will be produced by the secretariat in English, French and Spanish. It is the Comn'iittee's practice to accept cot-rections to the minutes of previous sittings prior to their approval by the Committee, which should take place 36 hours at tlie most after the minutes become available. hi order to avoid delays in the preparation of the report of the Corninittee, no coi'rections may be accepted once the minutes have been approved.
The minutes are a summary of the discussions and are not intended to be a verbatim record. Speakers are therefore reqriested to restrict coi'rections to the elimination of errors in the report of their own statements, and not to ask to insert long additional passages. It would be helpful to the secretariat in ensuring the accuracy of the n'iinutes if, wherever possible, delegates would hand in a written copy of their statements to the secretariat.
D. Special problems and cases
For cases in which governments appear to encounter serious difficulties in discharging their obligations, the Committee decided at the 66th Session of the Conference (1980) to proceed in the following manner:
1. Faihtre to s'btpply reports and inforination. Tl'ie various forms of failure to supply
infoiination will be expressed in nan-ative fonn in separate paragraphs at the end of tlie appropriate sections of tl'ie report, and indications will be included conceming any explanations of difficulties provided by the governments concerned. Tl'ie following criteria were retained by tl'ie Coininittee for deciding which cases were to be included:
None of tlie reports on ratified Conventions have been supplied during the past two years.
First reports on ratified Conventions have not been supplied for at least two years.
Noi'ie of the repoits on unratified Conventions and Recommendations requested under article 19, paragi-aplis 5, 6 and 7, of the Constitution have been supplied during the past five years.
En Work of the Commillee.C.App.D1 2006.doc 5
No indication is available that steps have been taken to submit the Conventions and Recon'imendations adopted during the last seven sessions of the Conference
7
to the con'ipetent authorities, in accordance with article 19 of tlqe Constitution.No infonnation has been received as regards all or most of the observations and direct reqriests of tlie Committee of Experts to which a reply was reqriested for the period rmder consideration.
The govei'nn'ient has failed during the past three years to indicate the representative organizations of employers and workers to which, in accordance with aiticle 23(2) of the Constitution, copies of reports and infoi'ination supplied to the Office under articles 19 and 22 have been com'i'nunicated.
Tl'ie govei-nn'ient l'ias failed, despite repeated invitations by the Conference Committee, to talce part in the discussion conceming its country.
8
2. Application of ratified Conventioiis. The report will contain a section entitled
"Application of ratified Conventions", in which the Com'inittee draws the attention of the Conference to:
cases of progress (see Annex II), where govei'nn'ients have introduced changes in tlieir law and practice in order to eliminate divergences previously discussed by the Con'imittee;
discussions it had regarding certain cases, which are mentioned in special paragraphs of the report;
continued failure over several years to eliminate serious deficiencies in the application of ratified Conventions which it had previously discussed.
7
Tlffs year tlie sessions involved would be tlie 85tli-91st Sessions (1997-2003).8
At tlie 73rd Session of tlie Conference (1987), the Conunittee decided that for the implementation of tl'ffs criterion, tlie followiiig n'ieasures would be applied:in accordance with tlie usual practice, after liaving established the list of cases regarding wliich Govenunent delegates n'iight be invited to supply infoi'iq'iation to tlie Con'unittee, the Conuuittee sliall invite in writing tl'ie govei'i'unents of the countries concen'ied, and the Daily Bulletin regularly sliall mention tliese countries;
tlnee days before tl'ie ei'id of tlie discussion of individual cases, tlie Chaii'man of the Committee sliall reqriest tl'ie Clerk of the Conference to annormce everyday tl'ie names of the corintries wliose representatives liaye not yet responded to tl'ie Con'u'i'iittee's invitation, urging them to do so as soon as possible;
on tlie last day of tlie discussion of individual cases, tlie Con'unittee sliall deal witli the cases in wliicli tlie govenunents have not responded to tlie invitation. The objective is not to discuss the substance of these cases, but to bring orit in tlie report tlie impoitance of the questions raised, and tl'ie steps to be taken to resrune tlie dialogrie. Tlie repoit shall mention for eacli coruitry tlie cases concenied.
En.Work of Ihe Commillee.C.App.DL2006.doc
Annex I
Criteria for footnotes
Tliis year, in tlie context of exan'iining its working metliods, and in response to tl'ie requests coming from members of the Comn'ffttee for clarification concei'ning the use of foohiotes, tl'ie Con'unittee of Experts adopted tlie following critex'ia (paragraphs 36 and 37):
The Committee wislies to describe its approacli to tlie identification of cases for wliicli it inseits special notes by higliligliting the basic criteria below. In so doing, the Committee makes three general cominents. First, tliese criteria are indicative. In exercising its discretion in the application of tliese criteria, tlie Con'imittee may also liave regard to tlie specific circumstances of tlie country and t)ie lengtli of tlie reporting cycle. Second, tliese criteria are applicable to cases in wliicli an earlier repoit is requested, often refei'red to as a "single foohiote", as well as to cases in wl'iich tlie govei-nment is requested to provide detailed infonnation to the Conference, often refened to as "double foohiote". The difference between tliese two categories is one of degi'ee. The tliird comment is tliat a serious case otlierwise justifying a special note to provide full paiticulars to the Conference (double footnote) might only be given a special note to provide an early repott (single footnote) in cases wliere tliere lias been a recent discussion of tl'iat case in the Conference Committee on tlie Application of Standards.
Tlie criteria to wliicli tlie Committee will have regard are tlie existence of one or inore of tl'ie following matters:
the sei'iorisness of tl'ie problem; in this respect, tlie Coi'nrnittee empliasizes that an important consideration is the necessity to view tl'ie problem in the context of a particular Convention and to talce into account matters involving fundamental rights, workers' health, safety and
well-being as well as any adverse impact, including at the intemational level, on workers and
other categories of protected persons;
tlie persistence of the problem;
tlie urgency of the situation; tl'ie evaluation of sucli urgency is necessarily case-specific, according to standard human rights criteria, such as life tlireatening situations or problems where ii'reversible harn'i is foreseeable; and
tlie quality and scope of the govemment's response in its reports or the absence of response to the issues raised by the Committee, including cases of clear and repeated refusal on the
pait of a State to comply with its obligations.
At its 76tl'i Session, the Committee decided tl'iat tlie identification of cases in respect of which
a special note (double footnote) is to be attributed will be a two stage process: the expert initially
responsible for a particular group of Conventions may recomi'nend to the Committee the insertion
of special notes; in light of all the recommendations made, tlie Committee will talce a final,
collegial decision on all tlie special notes to be inserted, once it has reviewed tl'ie application of all
tlie Conventions.
En Work of the Commillee C.App.DL2006.doc 7
Annex II
Criteria for identifying cases of progress
In recei'it years, numerous members of the Conference Con'unittee liave expressed the desire to place a greater empliasis on cases of progress (cases of satisfaction or interest). In its last session, the Coi'i'unittee of Experts defined its criteria for identifying these cases in the following maiuier (paragraplis 42, 43 and 46):
... The Cominittee lias developed a general approach concei'iiing tlie identification of cases of progress. In describing the approach below, the Committee wishes to emphasize that an expression of progi'ess can refer to n'iany lcinds of measures. In the final instance, the Committee will exercise its discretion in noting progi'ess having regard in particular to tlie nature of tlie Convention as well as to tlie specific circumstances of tl'ie counti'y.
Since first identifying cases of satisfaction in its repoit in 1964,9 tlie Con'imittee has continued to follow tlie same general criteria. The Committee expresses satisfaction in cases in wliicli, following comments it has made on a specific issue, goveniments liave taken measures tlirougl'i either tl'ie adoption of an amendment to tlie legislation or a significant cliange in tlie national policy or practice tl'ius achieving fuller compliance with tlieir obligations under tlie respective Conventions. n'ie reason for identifying cases of sattsfaction is twofold: to place on record the Committee's appreciation of the positive action talcen by goven'iments in response to its commei'its, and to provide an example to other governments and social pa'rtners wliicli liave to address similar issues. In expressing its satisfaction, tlie Committee indicates to goven'iments and tlie social paitners tliat it considers the specific matter resolved. In so doing, the Corninittee must empliasize that an expression of satisfaction is limited to the paiticular issue at hand and the nature of tlie measure taken by the government concerned. Therefore, in the same comment, the Conunittee may express satisfaction on a particular issue, wliile raising other impoitant issues wliicli in its view have not been satisfactorily addressed. Frirther, if the satisfaction relates to the adoption of legislation, tlie Committee may also consider appropx'iate follow-up on its practical application.
[...I
Within cases of progress, tlie distinction between cases of satisfaction and cases of interest was formalized in 1979. 'o In general, cases of interest cover measures that are sufficiently advanced to justify the expectation that further progress would be achieved in the future and regarding wliich tlie Committee would want to continue its dialogue with the govemment and the social paitners. This may include: draft legislation before parliament, or other proposed legislative clianges not yet forwarded or available to the Cornrnittee; consultations within the government and witli tlie social partners; new policies; the development and implementation of activities within tlie framework of a teclinical cooperation project or following technical assistance or advice from the Office. Judicial decisions, according to the level of tlie couit, tlie subject matter and the force of SLICII decisions in a paiticular legal system would normally be considered as cases of interest rinless tl'iere was a compelling reason to note a particular judicial decision as a case of satisfaction. The Comn'iittee may also note as cases of interest progress made by a State, province or tei'ritory in tl'ie framework of a federal system. The Committee's practice lias developed to a certain extent, so that cases in whicli it expresses interest may now also encompass a variety of new or innovative n'ieasures wliicli liave not necessarily been requested by tlie Committee. The paramount consideration is tliat tl'ie measures contribute to the overall acliievement of the objectives of a paiticular Conventioi'i.
9 See para. 16 of tl'ie repoit of tlie Committee of Experts submitted to tlie 48tli Session (1964) of tlie Ixitentational Laborir Conference.
'o
See para. 122 of tlie repoit of tlie Coinmittee of Expeits subn'iitted to tlie 65th Session (1979) of the Intei'i'iational Laborir Conference.En Work oT the Commillee.C.App Dl 2006.doc 8
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