ILO Governing Body - Work plan on the strengthening of the supervisory system: Proposals on further steps to ensure legal certainty (Second Statement)

European Union

Second Statement

 

ILO Governing Body, 347th session 

13 March – 23 March 2023

 

Work plan on the strengthening of the supervisory system:

Proposals on further steps to ensure legal certainty

GB.347/INS/5

 

Geneva, 20th March 2023

 

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ILO Governing Body, 347th session

13 – 23 March 2023

 

Work plan on the strengthening of the supervisory system:

Proposals on further steps to ensure legal certainty

GB.347/INS/5

Second EU Statement

 

Madam Chair,

I have the honour of speaking on behalf of the European Union and its Member States.

The Candidate Countries the Republic of North Macedonia*, Montenegro*, the EFTA countries Iceland and Norway, members of the European Economic Area, align themselves with this statement.

  1. For the past twelve years we have engaged in many consultations, social dialogue and negotiations with the aim to find a consensus-based solution. Now we need legal certainty.
  2. We have to come now to a resolution of this long-standing dispute, which touched upon a fundamental principle of a fundamental convention. This is why, we consider it essential that after a decade of deadlock, we put to use a mechanism clearly delineated in the constitution and refer the matter to the International Court of Justice, as all attempts to resolve the dispute internally have failed.
  3. The track records of the past twelve years on trying to internally resolve the disagreement on the right to strike clearly indicates that we have not succeeded with social dialogue. And the conflict is continuing to have an impact in the supervisory system and other parts of the ILO.
  4. As we have listened very carefully to the first round of discussions, we have heard that a large majority of constituents is willing to go forward with resolving the deadlock.
  5. It is crucial for us that Article 37(1) can be put into practice without any further delay or linking it to other processes, as we see no reason to continue to hold up the full implementation of a fundamental right any longer.
  6. Concerning the possible implementation of Article 37(2) of the ILO Constitution, we agree with the Legal Adviser that there is no conditional link with Article 37(1).
  7. In this light, we support the decision point as amended by the Workers.

Thank you, Madam Chair.

[*Albania, Bosnia and Herzegovina, the Republic of North Macedonia, Montenegro, and Serbia continue to be part of the Stabilisation and Association Process.]