Конвенции Международной организации труда: механизмы имплементации и контроля за применением

Abstract

The analysis of interaction of the Republic of Belarus and the ILO — a special agency of the UN that is established to "assist labour and employers organizations in their cooperation with governments in regulating social and labour relations" has both theoretical and practical importance. The Republic of Belarus has been a permanent member of the ILO since 1954 (with the exception of 1998) and has assumed international legal obligations following from the ILO Charter in the sphere of provision of social and labour standards, including social partnership standards; the success in realization of these norms determines the fate of the agency. The law-making experience in the conditions of an organization with a tripartite structure contributes to the realization of the social partnership policy on the national level. A series of Conventions and the ILO recommendations in the aggregate create a single system of legal provision of social partnership and serve as a legal basis for organization of an efficient system of social partnership. Though a significant part of the most important ILO Conventions (49 conventions as of 01.01.2002) has been ratified by the Republic of Belarus and the basic principles and norms of the tripartite conference fixed in these Conventions and recommendations are reflected in the legislation of the Republic of Belarus, some problems remain, as Belarusian legislation does not comply with the ILO Conventions in some of the parameters or falls behind in legal requirements. Some of the most important ILO Conventions — No. 135 and No. 158 have not been ratified yet. The conventions standards and, especially the ILO recommendations have not been fully implemented into national acts pertaining to social and labour relations. Absence of provisions in the constitutional implementation mechanism on the international law norms priority over national laws, the unadjusted mechanism of interpretation and international norms application set the possibility of their direct action at nought. Providing technical assistance is one of the main activities of the ILO. Cooperation of the ILO and the Republic of Belarus in this sphere has become more active since the end of the 1990s with the adoption of the Programme of Cooperation between the ILO and the Republic of Belarus in 1998. Recently the ILO has been attaching special importance to the supervision of its conventions and recommendations application. According to the archive study on interaction of the ILO and the Republic of Belarus, the supervison of application of the ILO Conventions standards in Belarus has been constant and regular. The author concludes that this article can not fully explore the diverse issues of the ILO and the Republic of Belarus cooperation. Nevertheless, the presented issues are extremely significant and the full realization of basic principles of social partnership envisaged by the ILO Conventions on the national level including the Republic of Belarus case depends on their solution to a great extent.