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6 Int'l Lab. Rts. Case L. 1 (2020)

handle is hein.journals/intlrcl6 and id is 1 raw text is: 

                             R  L6 2020) 1-2               LABO RIGHTS
 BRIL                        6(2020CASE LAW
N IJ H O F F                                                brill.com/ilarc

Introduction by the Editorial Team

ILO standards are backed by a complex but acclaimed supervisory system in
which different monitoring mechanisms can be invoked to exercise pressure
on governments that violate conventions they have ratified under the regular
and special procedures. The supervisory system of the ILO does not impose
binding measures but aims to resolve conflicts using softer methods such as
(social) dialogue, recommendations and requests, collaboration, and technical
  Three special complaint-based procedures can be invoked when standards
are allegedly violated. In this introduction we focus on the regular supervisory
system, which consists of periodic reporting obligations for states on measures
they have taken to give effect to ratified Conventions under Article 22 of the
ILO Constitution. The Committee of Experts on the Application of Conven-
tions and Recommendations  (CEACR)-which   comprises twenty eminent ju-
rists that conduct a technical legal analysis-examines these reports; its find-
ings are included in an annual  report sent to the International Labour
Conference (ILC). At the ILC in June, the report of the CEACR is examined by
the Conference Committee on the Application of Standards (CAs). The CAS is
a standing body of the ILC mandated to draw conclusions about a selection of
observations from the CEACR report. The analysis and the list of cases the CAS
reviews is more political than technical and highlights particularly worrisome
situations. This edition of ILaRC features cases that have been examined by
both the CEACR and the CAS.
  Professor Klara Boonstra of the Free University of Amsterdam examines a
request to the Indian government by the CAS concerning the application of
Convention No. 81. The request had to do with allegations that Indian labor
inspectors were not allowed to enter designated export processing zones and
that the resulting decentralization of power-to a so-called development
commissioner-could   conflict with certain provisions of Convention No. 81,
such as Article 4, which requires a coherent and coordinated inspectorate sys-
tem under a single central authority. According to Boonstra, the request of the
CAS was not exceptional; it requested the Indian government to ensure that
draft legislation is in compliance with the convention, that effective labor in-
spections are conducted, that resources are increased, that collaboration is pro-
moted, that registers are established, and that (data)information is collected

© KONINKLIJKE BRILL NV, LEIDEN, 2020 1 DOI:10.1163/24056901-00601001

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