Section III: Ratification of Conventions and acceptance of obligations (ILS Handbook of Procedures)
Handbook of procedures relating to international labour Conventions and Recommendations
III. Ratification of Conventions and acceptance of obligations
Article 19 of the Constitution provides:
5(d) (I)f the Member obtains the consent of the authority or authorities within whose competence the matter lies, it will communicate the formal ratification of the Convention to the Director-General and will take such action as may be necessary to make effective the provisions of such Convention.
19. Form of communication of ratification.
No specific requirements as to form are laid down in the Constitution. Each State will have its own constitutional provisions and practice. In order to be registered, an instrument of ratification nevertheless must (Endnote 1):
(a) clearly identify the Convention being ratified;
(b) be an original document (on paper, not a facsimile or photocopy) signed by a person with authority to engage the State (such as the Head of State, Prime Minister, Minister responsible for Foreign Affairs or Labour);
(c) clearly convey the Government's intention that the State should be bound by the Convention concerned and its undertaking to fulfil the Convention's provisions, preferably with a specific reference to article 19(5)(d) of the ILO Constitution.
20. Compulsory declarations to be included in or to accompany ratifications.
Several Conventions require declarations to be made either in the instrument of ratification itself or in an accompanying document. If no such declaration is received by the Office, the ratification cannot be registered. In some cases, a compulsory declaration will define the scope of the obligations accepted or give other essential specifications. In all these cases, the substance of the declaration has to be…...