CAS标准应用委员会

1 During the CAS discussions, theGovernments on the list of 24 individualcases are invited to respond and to provideinformation on the current applicationin law and practice. Employers andWorkers’ representatives then also havean opportunity to comment on andprovide any information relevant for thediscussions. Following the examinations,the CAS draws up conclusionsrecommending Governments to takespecific steps in order to remedy theproblem; or to invite an ILO mission or seektechnical assistance. The discussions andconclusions of the cases examined by theCAS are published in its Report, which ispublicly available online.TheCAS Reportsadopted by the ILC reflectonly those recommendations agreed onconsensus. This is clearly indicated at thebeginning of the individual cases section,which reads: “CAS has adopted short,clear and straightforward conclusions.Conclusions identify what is expected fromGovernments to apply ratified conventions ina clear and unambiguous way. Conclusionsreflect concrete steps to address complianceissues. Conclusions will no longer repeatelements of the discussion or reiterateGovernments’ declarations which canbe found in the opening and closing ofthe discussion set out in the Record ofProceedings. CAS has adopted conclusionson the basis of consensus. CAS has onlyreached conclusions that fall within thescope of the convention being examined. Ifthe employers, workers and/or governmentshave divergent views, this has been reflectedin the CAS record of proceedings, not in theconclusions”.Any controversial issues or fundamentaldisagreements, such as those related to a rightto strike in the context of Convention 87 cases,are not reflected and accordingly not coveredin the conclusions of the cases discussed. What is the CAS?The Committee on the Application ofStandards (CAS) is a permanent standingcommittee of theInternational LabourConference(ILC) and an essentialcomponent of the ILO supervisory system. Itprovides an opportunity for representativesof Governments, Employers’ and Workers’organisations to review the measures takenby the member States to give effect onthe provisions of the Conventions and theobservations made in the Committee ofExperts on the Application of Conventionsand Recommendations(CEACR) annualreportin a tripartite setting.The CAS has provided a regular platformfor dialogue between tripartite constituentsfrom all ILO member States on theapplication of ratified Conventions andother standards-related obligations. Indelivering its task, the CAS has receivedtechnical preparatory support from theCEACR and the ILO Office. However, theCAS is not bound by any views of theCEACR’s views and analysis. Governments,Employers and Workers can use othersources to prepare their submissions in CAS.Each year, a preliminary list of 40 casesselected from the CEACR report ispublished and a final list of 24 individualcases is adopted by the CAS. The listnormally includes a few “double-footnotedcases”, which are cases that the CEACRhas requested Governments to supply fullparticulars to the Conference, as well asone case of progress. In determining thefinal list, a viable and fair procedure basedon agreed objective criteria has beenapplied taking due consideration of thetype of conventions, regional balance, aswell as to the level of development. Why is the CAS important for Employers?It is important for Employers’ organisations to engage actively in the CAS:•To provide information on the challenges and balanced ways of implementation ofratified Conventions in law and in practice at the national level that takes into accountthe needs of protection of workers, the needs of sustainable enterprises and theevolving patterns of the world of work;•To ensure employers’ views are included on the assessment on how an ILO memberState is applying a ratified Convention in law and practice at the national level;•To neutralise, balance or complement comments made by trade unions, who cansometimes be very critical on the Government’s implementation of ratified Conventionsin law and in practice;•To influence the conclusions and recommendations of follow up actions to be madeby the Government in order to address the issues identified in the cases;•To observe and update the CAS on the Government’s progress and implementation ofthe CAS conclusions and recommendations.How can IOE assist?IOE provides valuable support to:•alert national employers when their government is selected on the list of 24 individualcases;•assist employers in preparing their observations and comments on the ratifiedConventions;•liaise and provide guidance to the employers’ spokesperson dealing with thediscussion of the particular case;•negotiate with the workers’ representatives to ensure the conclusions andrecommendations are balanced and consider the employers’ views; and•advise its members on the functioning of this supervisory mechanism and itsrelationship with other aspects of the ILO standards supervisory system and its potentialimpact a