Cases of serious failure by member States to respect their … · 2019. 6. 11. · 2019 - D.2 (Rev)-En.docx 1. A. Cases of serious failure by member States ... Since the meeting of

INTERNATIONAL LABOUR CONFERENCE C.App./D.2 (Rev.) 108th Session, Geneva, June 2019

Committee on the Application of Standards

A. Cases of serious failure by member States to respect their reporting or other standards-related obligations

B. Governments which might be invited to supply information to the Committee at the dedicated sitting on Wednesday, 12 June at 10 a.m.

C. Table of Reports on ratified Conventions due for 2018 and received since the last session of the Committee of Experts on the Application of Conventions and Recommendations – articles 22 and 35 of the Constitution

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A. Cases of serious failure by member States

to respect their reporting or other standards-related obligations, as identified in the Report of the Committee of Experts, and updated based on the information received since its last session

1. Failure to supply reports for the past two years or more on the application of ratified Conventions

Countries mentioned in paragraph 57 of the General Report – page 18

Brunei Darussalam, Chad, Dominica, Equatorial Guinea, Gambia, Grenada, Guinea-Bissau, Malaysia – Sabah, Saint Lucia, Sierra Leone, Somalia, South Sudan, Timor-Leste and Trinidad and Tobago.

Since the last session of the Committee of Experts reports have been received from the following countries mentioned in the paragraph above

Guinea-Bissau. Since the meeting of the Committee of Experts, the Government has sent some reports due.

Timor-Leste. Since the meeting of the Committee of Experts, the Government has sent some reports due.

Trinidad and Tobago. Since the meeting of the Committee of Experts, the Government has sent most of the reports due.

Countries invited to supply information to the Committee on the Application of Standards concerning this failure

Brunei Darussalam, Chad, Dominica, Equatorial Guinea, Gambia, Grenada, Malaysia – Sabah, Saint Lucia, Sierra Leone, Somalia and South Sudan.

* * *

2. “Urgent appeals” – Failure to supply first reports on the application of ratified Conventions for at least three years


Congo, Equatorial Guinea, Gabon, Kiribati, Republic of Maldives, Nicaragua, Saint Vincent and the Grenadines and Somalia.

Since the last session of the Committee of Experts first reports have been received from the following countries mentioned in the above paragraph

Kiribati. Since the meeting of the Committee of Experts, the Government has sent the first report on the application of the Convention No. 185.

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Nicaragua. Since the meeting of the Committee of Experts, the Government has sent the first report on the application of the MLC, 2006.


Congo, Equatorial Guinea, Gabon, Republic of Maldives, Saint Vincent and the Grenadines and Somalia.

* * *

3. Failure to supply first reports on the application of ratified Conventions for two or more years


Chad – Since 2017: Conventions Nos 102 and 122

Congo – Since 2015: Convention No. 185 and – Since 2016: MLC, 2006

Equatorial Guinea – Since 1998: Conventions Nos 68 and 92

Gabon – Since 2016: MLC, 2006

Kiribati – Since 2015: Convention No. 185

Republic of Maldives – Since 2015: Convention No.100 and – Since 2016: Convention No. 185 and MLC, 2006

Netherlands – Curaçao – Since 2017: MLC, 2006

Nicaragua – Since 2015: MLC, 2006

Romania – Since 2017: MLC, 2006

Saint Vincent and the Grenadines

– Since 2014: MLC, 2006

Somalia – Since 2016: Conventions Nos 87, 98 and 182

Since the last session of the Committee of Experts first reports have been received from the following countries mentioned in the paragraph above

Kiribati. Since the meeting of the Committee of Experts, the Government has sent the first report on the application of the Convention No. 185.

Nicaragua. Since the meeting of the Committee of Experts, the Government has sent the first report on the application of the MLC, 2006.


Chad, Congo, Equatorial Guinea, Gabon, Republic of Maldives, Netherlands – Curaçao, Romania, Saint Vincent and the Grenadines and Somalia.

* * *

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4. Failure to indicate, during the past three years,

the representative organizations of employers and workers to which, in accordance with article 23, paragraph 2, of the Constitution, copies of the reports and information supplied to the Office have been communicated

Countries mentioned in paragraph 60 of the General Report – pages 18–19

Fiji and Rwanda.

Since the last session of the Committee of Experts no information has been received on this failure by the countries mentioned in the above paragraph


Fiji and Rwanda.

* * *

5. Failure to supply information in reply to comments made by the Committee of Experts


Afghanistan, Antigua and Barbuda, Barbados, Belize, Brunei Darussalam, Chad, Congo, Djibouti, Dominica, Equatorial Guinea, France (French Polynesia), Gambia, Ghana, Grenada, Guinea-Bissau, Guyana, Haiti, Hungary, Jamaica, Kiribati, Kyrgyzstan, Lao People’s Democratic Republic, Lebanon, Lesotho, Malawi, Malaysia – Sabah, Republic of Maldives, Malta, Mauritania, Republic of Moldova, Netherlands (Aruba), Papua New Guinea, Romania, Saint Lucia, Saint Vincent and the Grenadines, San Marino, Sao Tome and Principe, Sierra Leone, Singapore, Somalia, South Africa, South Sudan, Tajikistan, Timor-Leste, Trinidad and Tobago and Uganda.

Since the last session of the Committee of Experts replies to all or most of its comments have been received from the following countries

Antigua and Barbuda. Since the meeting of the Committee of Experts, the Government has sent all replies to the Committee’s comments.

France – French Polynesia. Since the meeting of the Committee of Experts, the Government has sent replies to the majority of the Committee’s comments.

Ghana. Since the meeting of the Committee of Experts, the Government has sent replies to the majority of the Committee’s comments.

Hungary. Since the meeting of the Committee of Experts, the Government has sent all replies to the Committee’s comments.

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Jamaica. Since the meeting of the Committee of Experts, the Government has sent replies to the majority of the Committee’s comments.

Lao People’s Democratic Republic. Since the meeting of the Committee of Experts, the Government has sent all replies to the Committee’s comments.

Malawi. Since the meeting of the Committee of Experts, the Government has sent all replies to the Committee’s comments.

Republic of Moldova. Since the meeting of the Committee of Experts, the Government has sent replies to the majority of the Committee’s comments.

Romania. Since the meeting of the Committee of Experts, the Government has sent all replies to the Committee’s comments.

Singapore. Since the meeting of the Committee of Experts, the Government has sent replies to the majority of the Committee’s comments.

Timor-Leste. Since the meeting of the Committee of Experts, the Government has sent replies to the majority of the Committee’s comments.

Trinidad and Tobago. Since the meeting of the Committee of Experts, the Government has sent all replies to the Committee’s comments.


Afghanistan, Barbados, Belize, Brunei Darussalam, Chad, Congo, Djibouti, Dominica, Equatorial Guinea, Gambia, Grenada, Guinea-Bissau, Guyana, Haiti, Kiribati, Kyrgyzstan, Lebanon, Lesotho, Malaysia – Sabah, Republic of Maldives, Malta, Mauritania, Netherlands (Aruba), Papua New Guinea, Saint Lucia, Saint Vincent and the Grenadines, San Marino, Sao Tome and Principe, Sierra Leone, Somalia, South Africa, South Sudan, Tajikistan and Uganda.

* * *

6. Failure to supply reports for the past five years on unratified Conventions and Recommendations


Afghanistan, Angola, Armenia, Belize, Botswana, Chad, Congo, Cook Islands, Dominica, Eswatini, Grenada, Guinea-Bissau, Guyana, Haiti, Kiribati, Liberia, Libya, Republic of Maldives, Marshall Islands, Papua New Guinea, Saint Lucia, Sao Tome and Principe, Sierra Leone, Solomon Islands, Somalia, South Sudan, Timor-Leste, Tonga, Tuvalu, United Arab Emirates, Vanuatu and Yemen.

Since the last session of the Committee of Experts reports on unratified Conventions and Recommendations have been received from the following countries

Afghanistan. Since the meeting of the Committee of Experts, the Government has sent reports on unratified Conventions and Recommendations.

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Armenia. Since the meeting of the Committee of Experts, the Government has sent reports on unratified Conventions and Recommendations.

Cook Islands. Since the meeting of the Committee of Experts, the Government has sent reports on unratified Conventions and Recommendations.

Eswatini. Since the meeting of the Committee of Experts, the Government has sent reports on unratified Conventions and Recommendations.

Kiribati. Since the meeting of the Committee of Experts, the Government has sent reports on unratified Conventions and Recommendations.

Libya. Since the meeting of the Committee of Experts, the Government has sent reports on unratified Conventions and Recommendations.

United Arab Emirates. Since the meeting of the Committee of Experts, the Government has sent reports on unratified Conventions and Recommendations.


Angola, Belize, Botswana, Chad, Congo, Dominica, Grenada, Guinea-Bissau, Guyana, Haiti, Liberia, Republic of Maldives, Marshall Islands, Papua New Guinea, Saint Lucia, Sao Tome and Principe, Sierra Leone, Solomon Islands, Somalia, South Sudan, Timor-Leste, Tonga, Tuvalu, Vanuatu and Yemen.

* * *

7. Failure to submit instruments to the competent authorities

Countries mentioned in paragraph 127 of the General Report – pages 34–35

Afghanistan, Albania, Azerbaijan, Bahamas, Bahrain, Belize, Brunei Darussalam, Chile, Comoros, Congo, Croatia, Dominica, El Salvador, Equatorial Guinea, Fiji, Gabon, Grenada, Guinea-Bissau, Haiti, Kazakhstan, Kiribati, Kuwait, Kyrgyzstan, Liberia, Libya, Malaysia, Malta, Pakistan, Papua New Guinea, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Samoa, Seychelles, Sierra Leone, Solomon Islands, Somalia, Syrian Arab Republic and Vanuatu.

Since the last session of the Committee of Experts, information has been received on this failure by the following country mentioned in the above paragraph

Afghanistan. Since the meeting of the Committee of Experts, the Government provided information on the submission of the following instruments to the National Assembly on 11 March 2019: the Work in Fishing Convention, 2007 (No. 188) and the Work in Fishing Recommendation, 2007 (No. 199), adopted by the Conference at its 96th Session; the HIV and AIDS Recommendation, 2010 (No. 200), adopted by the Conference at its 99th Session; the Domestic Workers Convention, 2011 (No. 189) and the Domestic Workers Recommendation, 2011 (No. 201), adopted by the Conference at its 100th Session; the Social Protection Floors Recommendation, 2012 (No. 202), adopted by the Conference at its 101st Session; and the Protocol to the Forced Labour Convention and the Forced Labour (Supplementary Measures) Recommendation, 2014 (No. 203), adopted by the Conference at its 103rd Session.

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Albania, Azerbaijan, Bahamas, Bahrain, Belize, Brunei Darussalam, Chile, Comoros, Congo, Croatia, Dominica, El Salvador, Equatorial Guinea, Fiji, Gabon, Grenada, Guinea-Bissau, Haiti, Kazakhstan, Kiribati, Kuwait, Kyrgyzstan, Liberia, Libya, Malaysia, Malta, Pakistan, Papua New Guinea, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Samoa, Seychelles, Sierra Leone, Solomon Islands, Somalia, Syrian Arab Republic and Vanuatu.

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B. Governments which might be invited to

supply information to the Committee at the dedicated sitting on Wednesday, 12 June at 10 a.m.

Afghanistan. Failure to supply information in reply to comments made by the Committee of Experts (paragraph 63).

Albania. Failure to submit instruments to the competent authorities (paragraph 127).

Angola. Failure to supply reports for the past five years on unratified Conventions and Recommendations (paragraph 117).

Azerbaijan. Failure to submit instruments to the competent authorities (paragraph 127).

Bahamas. Failure to submit instruments to the competent authorities (paragraph 127).

Bahrain. Failure to submit instruments to the competent authorities (paragraph 127).

Barbados. Failure to supply information in reply to comments made by the Committee of Experts (paragraph 63).

Belize. Failure to supply information in reply to comments made by the Committee of Experts (paragraph 63), failure to supply reports for the past five years on unratified Conventions and Recommendations (paragraph 117), and failure to submit instruments to the competent authorities (paragraph 127).

Botswana. Failure to supply reports for the past five years on unratified Conventions and Recommendations (paragraph 117).

Brunei Darussalam. Failure to supply reports for the past two years or more on the application of ratified Conventions (paragraph 57), failure to supply information in reply to comments made by the Committee of Experts (paragraph 63), and failure to submit instruments to the competent authorities (paragraph 127).

Chad. Failure to supply reports for the past two years or more on the application of ratified Conventions (paragraph 57), failure to supply first reports on the application of Conventions Nos 102 and 122 since 2017 (paragraph 58), failure to supply information in reply to comments made by the Committee of Experts (paragraph 63), and failure to supply reports for the past five years on unratified Conventions and Recommendations (paragraph 117).

Chile. Failure to submit instruments to the competent authorities (paragraph 127).

Comoros. Failure to submit instruments to the competent authorities (paragraph 127).

Congo. Failure to supply first reports on the application of Convention No. 185 since 2015 and the MLC, 2006 since 2016 (paragraph 58), “urgent appeal” – failure to supply first reports on the application of ratified Conventions for at least three years (paragraph 59), failure to supply information in reply to comments made by the Committee of Experts (paragraph 63), failure to supply reports for the past five years on unratified Conventions and Recommendations (paragraph 117), and failure to submit instruments to the competent authorities (paragraph 127).

Croatia. Failure to submit instruments to the competent authorities (paragraph 127).

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Djibouti. Failure to supply information in reply to comments made by the Committee of Experts (paragraph 63).

Dominica. Failure to supply reports for the past two years or more on the application of ratified Conventions (paragraph 57), failure to supply information in reply to comments made by the Committee of Experts (paragraph 63), failure to supply reports for the past five years on unratified Conventions and Recommendations (paragraph 117), and failure to submit instruments to the competent authorities (paragraph 127).

El Salvador. Failure to submit instruments to the competent authorities (paragraph 127).

Equatorial Guinea. Failure to supply reports for the past two years or more on the application of ratified Conventions (paragraph 57), failure to supply first reports on the application of ratified Conventions Nos 68 and 92 since 1998 (paragraph 58), “urgent appeal” – failure to supply first reports on the application of ratified Conventions for at least three years (paragraph 59), failure to supply information in reply to comments made by the Committee of Experts (paragraph 63), and failure to submit instruments to the competent authorities (paragraph 127).

Fiji. Failure to indicate during the past three years the representative organizations of employers and workers to which copies of the reports and information supplied to the Office have been communicated (paragraph 60), and failure to submit instruments to the competent authorities (paragraph 127).

Gabon. Failure to supply the first report on the application of the MLC, 2006 since 2016 (paragraph 58), “urgent appeal” – failure to supply the first report on the application of a ratified Convention for at least three years (paragraph 59), and failure to submit instruments to the competent authorities (paragraph 127).

Gambia. Failure to supply reports for the past two years or more on the application of ratified Conventions (paragraph 57), and failure to supply information in reply to comments made by the Committee of Experts (paragraph 63).

Grenada. Failure to supply reports for the past two years or more on the application of ratified Conventions (paragraph 57), failure to supply information in reply to comments made by the Committee of Experts (paragraph 63), failure to supply reports for the past five years on unratified Conventions and Recommendations (paragraph 117), and failure to submit instruments to the competent authorities (paragraph 127).

Guinea-Bissau. Failure to supply information in reply to comments made by the Committee of Experts (paragraph 63), failure to supply reports for the past five years on unratified Conventions and Recommendations (paragraph 117), and failure to submit instruments to the competent authorities (paragraph 127).

Guyana. Failure to supply information in reply to comments made by the Committee of Experts (paragraph 63), and failure to supply reports for the past five years on unratified Conventions and Recommendations (paragraph 117).

Haiti. Failure to supply information in reply to comments made by the Committee of Experts (paragraph 63), failure to supply reports for the past five years on unratified Conventions and Recommendations (paragraph 117), and failure to submit instruments to the competent authorities (paragraph 127).

Kazakhstan. Failure to submit instruments to the competent authorities (paragraph 127).

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Kiribati. Failure to supply information in reply to comments made by the Committee of Experts (paragraph 63), and failure to submit instruments to the competent authorities (paragraph 127).

Kuwait. Failure to submit instruments to the competent authorities (paragraph 127).

Kyrgyzstan. Failure to supply information in reply to comments made by the Committee of Experts (paragraph 63), and failure to submit instruments to the competent authorities (paragraph 127).

Lebanon. Failure to supply information in reply to comments made by the Committee of Experts (paragraph 63).

Lesotho. Failure to supply information in reply to comments made by the Committee of Experts (paragraph 63).

Liberia. Failure to supply reports for the past five years on unratified Conventions and Recommendations (paragraph 117), and failure to submit instruments to the competent authorities (paragraph 127).

Libya. Failure to submit instruments to the competent authorities (paragraph 127).

Malaysia. Failure to submit instruments to the competent authorities (paragraph 127).

Malaysia – Sabah. Failure to supply reports for the past two years or more on the application of ratified Conventions (paragraph 57), and failure to supply information in reply to comments made by the Committee of Experts (paragraph 63).

Republic of Maldives. Failure to supply first reports on the application of the ratified Convention No. 100 since 2015, Convention No. 185 and the MLC, 2006 since 2016 (paragraph 58), “urgent appeal” – failure to supply first reports on the application of ratified Conventions for at least three years (paragraph 59), failure to supply information in reply to comments made by the Committee of Experts (paragraph 63), and failure to supply reports for the past five years on unratified Conventions and Recommendations (paragraph 117).

Malta. Failure to supply information in reply to comments made by the Committee of Experts (paragraph 63), and failure to submit instruments to the competent authorities (paragraph 127).

Marshall Islands. Failure to supply reports for the past five years on unratified Conventions and Recommendations (paragraph 117).

Mauritania. Failure to supply information in reply to comments made by the Committee of Experts (paragraph 63).

Netherlands – Aruba. Failure to supply information in reply to comments made by the Committee of Experts (paragraph 63).

Netherlands – Curaçao. Failure to supply the first report on the application of the MLC, 2006 since 2017 (paragraph 58).

Pakistan. Failure to submit instruments to the competent authorities (paragraph 127).

Papua New Guinea. Failure to supply information in reply to comments made by the Committee of Experts (paragraph 63), failure to supply reports for the past five years on

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unratified Conventions and Recommendations (paragraph 117), and failure to submit instruments to the competent authorities (paragraph 127).

Romania. Failure to supply the first report on the application of the MLC, 2006 since 2017 (paragraph 58).

Rwanda. Failure to indicate during the past three years the representative organizations of employers and workers to which copies of the reports and information supplied to the Office have been communicated (paragraph 60).

Saint Kitts and Nevis. Failure to submit instruments to the competent authorities (paragraph 127).

Saint Lucia. Failure to supply reports for the past two years or more on the application of ratified Conventions (paragraph 57), failure to supply information in reply to comments made by the Committee of Experts (paragraph 63), failure to supply reports for the past five years on unratified Conventions and Recommendations (paragraph 117), and failure to submit instruments to the competent authorities (paragraph 127).

Saint Vincent and the Grenadines. Failure to supply the first report on the application of the MLC, 2006 since 2014 (paragraph 58), “urgent appeal” – failure to supply the first report on the application of a ratified Convention for at least three years (paragraph 59), failure to supply information in reply to comments made by the Committee of Experts (paragraph 63), and failure to submit instruments to the competent authorities (paragraph 127).

San Marino. Failure to supply information in reply to comments made by the Committee of Experts (paragraph 63).

Samoa. Failure to submit instruments to the competent authorities (paragraph 127).

Sao Tome and Principe. Failure to supply information in reply to comments made by the Committee of Experts (paragraph 63), and failure to supply reports for the past five years on unratified Conventions and Recommendations (paragraph 117).

Seychelles. Failure to submit instruments to the competent authorities (paragraph 127).

Sierra Leone. Failure to supply reports for the past two years or more on the application of ratified Conventions (paragraph 57), failure to supply information in reply to comments made by the Committee of Experts (paragraph 63), failure to supply reports for the past five years on unratified Conventions and Recommendations (paragraph 117), and failure to submit instruments to the competent authorities (paragraph 127).

Solomon Islands. Failure to supply reports for the past five years on unratified Conventions and Recommendations (paragraph 117), and failure to submit instruments to the competent authorities (paragraph 127).

Somalia. Failure to supply reports for the past two years or more on the application of ratified Conventions (paragraph 57), failure to supply first reports on the application of Conventions Nos 87, 98 and 182 since 2016 (paragraph 58), “urgent appeal” – failure to supply first reports on the application of ratified Conventions for at least three years (paragraph 59), failure to supply information in reply to comments made by the Committee of Experts (paragraph 63), failure to supply reports for the past five years on unratified Conventions and Recommendations (paragraph 117), and failure to submit instruments to the competent authorities (paragraph 127).

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South Africa. Failure to supply information in reply to comments made by the Committee of Experts (paragraph 63).

South Sudan. Failure to supply reports for the past two years or more on the application of ratified Conventions (paragraph 57), failure to supply information in reply to comments made by the Committee of Experts (paragraph 63), and failure to supply reports for the past five years on unratified Conventions and Recommendations (paragraph 117).

Syrian Arab Republic. Failure to submit instruments to the competent authorities (paragraph 127).

Tajikistan. Failure to supply information in reply to comments made by the Committee of Experts (paragraph 63).

Timor-Leste. Failure to supply reports for the past five years on unratified Conventions and Recommendations (paragraph 117).

Tonga. Failure to supply reports for the past five years on unratified Conventions and Recommendations (paragraph 117).

Tuvalu. Failure to supply reports for the past five years on unratified Conventions and Recommendations (paragraph 117).

Uganda. Failure to supply information in reply to comments made by the Committee of Experts (paragraph 63).

Vanuatu. Failure to supply reports for the past five years on unratified Conventions and Recommendations (paragraph 117), and failure to submit instruments to the competent authorities (paragraph 127).

Yemen. Failure to supply reports for the past five years on unratified Conventions and Recommendations (paragraph 117).

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Documents

Cases of serious failure by member States to respect their … · 2019. 6. 11. · 2019 - D.2 (Rev)-En.docx 1. A. Cases of serious failure by member States ... Since the meeting of