Dokumendiregister | Majandus- ja Kommunikatsiooniministeerium |
Viit | 11-2/1655-1 |
Registreeritud | 17.06.2024 |
Sünkroonitud | 18.06.2024 |
Liik | Sissetulev kiri |
Funktsioon | 11 Tööpoliitika ja võrdne kohtlemine |
Sari | 11-2 Rahvusvaheliste tööstandardite ja töötingimuste järelevalve (ILO) kirjavahetus |
Toimik | 11-2/2024 |
Juurdepääsupiirang | Avalik |
Juurdepääsupiirang | |
Adressaat | International Labour Organization (ILO) |
Saabumis/saatmisviis | International Labour Organization (ILO) |
Vastutaja | Maria-Helena Rahumets (Majandus- ja Kommunikatsiooniministeerium, Kantsleri valdkond, Tööala valdkond, Töösuhete ja töökeskkonna osakond) |
Originaal | Ava uues aknas |
Appendix III
Explanatory note concerning the preparation of reports on ratified Conventions
General reporting arrangements ● The Governing Body of the ILO has adopted a report form for each Convention. You will find
the report forms on the ILO website at the following address: http://www.ilo.org/normes.
● Three year and six-year reporting intervals. Reports on ratified Conventions are due either every three years for fundamental and governance Conventions,1 or six years for all other Conventions, unless they are specifically requested out of the regular cycle by the supervisory bodies.
● Grouping of reports. In order to facilitate the gathering of information by ministries of labour at the national level, reports on Technical Conventions relating to the same subject matter are requested simultaneously.
The reports requested maybe detailed or simplified reports.
Detailed reports consist in reports which contain replies to all the points raised in the report form for the Convention concerned. Your Government should send a detailed report on its own initiative if there are major changes in the application of a ratified Convention - for instance, major new legislation or other changes in the way the Convention is applied. Detailed reports are also required in two other cases: (a) if it is the first report after the ratification of a Convention, and (b) if the Committee of Experts in a footnote to an observation or a direct request, or the Conference Committee, expressly asks for a detailed report.
Subsequent reports should be in the form of simplified reports. A report form was adopted by the ILO Governing Body to facilitate the work of the administrations. This form is available on the Standards Web site at the following address:
https://www.ilo.org/global/standards/WCMS_665186/lang--en/index.htm
As explained in this report form, the information requested for simplified reports relates only to certain points. Please follow the practical advice contained in this form for the preparation of these reports.
Replies to the comments of the supervisory bodies The reports detailed or simplified must contain replies to any comments regarding the application of the Convention in your country which have been addressed to your government by the Committee of Experts on the Application of Conventions and Recommendations or by the Conference Committee on the Application of Standards. For ease of reference, the text of the
1 Fundamental Conventions are: Conventions Nos. 29, 87, 98, 100, 105, 111, 138, 155, 182 and 187; Governance Conventions (also designated as priority Conventions) are: Conventions Nos. 81, 122, 129 and 144.
Detailed or simplified reports
2
observations and direct requests concerned is attached in Appendix II as indicated in the cover letter.
Communication to employers’ and workers’ organizations ● In all cases, your Government is required under article 23, paragraph 2, of the ILO
Constitution to communicate copies of its reports to the representative organizations of employers and workers.
● Your Government is also kindly requested to include in its reports the names of the organizations concerned.
● For those member States which have ratified the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144), effective consultations with the representative organizations of employers and workers have to be held on any questions arising out of reports under article 22 of the Constitution.
Observations by employers’ and workers' organizations Reports must contain the text of any observations made by the employers' and workers' organizations regarding the application of the Convention; and any comments your Government may wish to make on these observations.
Copies of reports and documents Your Government is kindly requested to forward to the International Labour Office one copy of each report as well as one copy of any documents indicated as appended to the report.
Deadline ● The reports should reach the Office between 1 June and 1 September 2024 at the latest.
● Your Government may send the reports in batches.
● You are encouraged to transmit your reports in electronic form (accompanied by a scanned document duly signed and attached to an e-mail). The submission of reports by mail remains possible as indicated in the letter.
● The reports should cover the period up to the time of transmission.
International Labour Standards Department (NORMES) T: +41 22 799 71 55 E: [email protected] R: ACD 8-0 (2024)
TO MEMBER STATES OF THE ILO 15 March 2024
Reports on the application of ratified Conventions (Article 22 of the Constitution of the International Labour Organization) Dear Sir or Madam, I have the honour of writing to you concerning the reports and other information which your Government is required to provide this year on the application of the international labour Conventions ratified by your country, under article 22 of the International Labour Organization’s (ILO) Constitution.
In order to facilitate the submission of reports by your country, I have enclosed to this communication the following information:
• A list of the Conventions in respect of which your Government is invited to submit reports this year (Appendix I).
• The comments (observations and direct requests) of the Committee of Experts on the Application of Conventions and Recommendations concerning the application of the above-mentioned Conventions, to which your Government is invited to reply this year in its reports (Appendix II).
• An Explanatory Note concerning the preparation of reports on ratified Conventions (Appendix III).
Although this communication and its appendices are sent electronically, the Office remains at your disposal to send them by post, upon request.
Please note that you can find the report forms on the ILO website.
2. In accordance with article 23, paragraph 2, of the ILO Constitution, copies of your reports and other information have to be communicated to the representative organizations of employers and workers in your country. Furthermore, if your country has ratified the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144), effective consultations with these organizations have to be held on any questions concerning reports under article 22 of the Constitution.
All of the corresponding reports and information should reach the International Labour Office within the time limit fixed by the Governing Body, that is between 1 June and 1 September 2024 at the latest, if necessary in batches. You are encouraged to transmit them by email to [email protected] (accompanied by a duly signed covering letter attached to the email). If all the attachments are included in the email, it is not necessary to send a hard copy. Reports and any related correspondence may of course also be submitted by mail, addressed to:
International Labour Standards Department International Labour Office
Route des Morillons 4 CH-1211 GENEVA 22
SWITZERLAND
I would like to bring your attention to the fact that all comments adopted by the Committee of Experts related to your country, including those for which a reply is not expected for this year but in the next report on the Conventions concerned, are available in the NORMLEX country profiles online.
The International Labour Office, and in particular the Decent Work Technical Support Team covering your country, remains at your disposal to provide your Government with any technical assistance it may require in respect of both the submission of the reports due and the issues raised by the Committee of Experts in its comments.
Yours faithfully, For the Director General:
Corinne Vargha Director of the International Labour Standards Department
Appendix I
Estonia The Government is requested to communicate the following reports
between 1 June and 1 September 2024
See in Appendix II the comments made by the Committee of Experts on the Application of Conventions and Recommendations (CEACR),
a reply to which should be included in your Government's reports.
See the Explanatory Note (Appendix III) concerning the preparation of detailed and simplified reports, including first reports.
Forced labour CEACR commentsC029 - Forced Labour Convention, 1930 (No. 29)
C105 - Abolition of Forced Labour Convention, 1957 (No. 105)
Elimination of child labour and protection of children and young persons C006 - Night Work of Young Persons (Industry) Convention, 1919 (No. 6)
C138 - Minimum Age Convention, 1973 (No. 138)
C182 - Worst Forms of Child Labour Convention, 1999 (No. 182)
Employment policy and promotion C122 - Employment Policy Convention, 1964 (No. 122)
Fax: +41 22 7996771 E-mail: [email protected]International Labour Standards Department
Committee of Experts on the Application of Conventions and Recommendations
Appendix II
Estonia
replies to the points raised in the following comments made by the Committee of Experts on the Application of Conventions and Recommendations
between 1 June and 1 September 2024
The Government is requested to include in the reports due
Fax: +41 22 7996771 E-mail: [email protected]International Labour Standards Department
Committee of Experts on the Application of Conventions and Recommendations
Forced labour
C029 - Forced Labour Convention, 1930 (No. 29) P029 - Protocol of 2014 to the Forced Labour Convention, 1930
Estonia Direct Request, 2022
The Committee welcomes the ratification by Estonia of the Protocol of 2014 to the Forced Labour Convention, 1930. Noting that the first report of the Government on the application of the Protocol has not been received, the Committee hopes that the Government will provide detailed information on its application, in accordance with the report form adopted by the Governing Body. Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. 1. Programme of Action. In relation to the measures taken to continue to combat trafficking in persons,the Committee notes that the Government refers to the adoption of the Violence Prevention Agreement for 2021-2025. The Committee further notes that Part VII of this Agreement aims at the prevention and better detection of crimes, improvement of the national legislation and increasing cooperation among the relevant actors in the field of trafficking in persons. The Committee requests the Government to provide information on the concrete measures taken to meet the objectives set out in Part VII of the Violence Prevention Agreement for 2021-2025 relating to trafficking, and to indicate whether an evaluation has been undertaken in order to assess the impact of these measures. The Committee also requests the Government to indicate how it is ensured that the measures taken are part of a coordinated and systematic strategy.
2. Law enforcement and penalties applied. The Committee notes the information provided by the Government that the number of prosecutions carried out under section 133 “trafficking in persons” of the Penal Code was 16 in 2017, two in 2018, four in 2019, and 11 in 2020. The Committee further notes that the number of persons convicted to imprisonment (ranging from one to six years) was 15 in 2017, five in 2018, 12 in 2019, and eight in 2020. The Committee also observes from the information provided by the Government in its 2022 reply to the questionnaire for the evaluation of the implementation of the Council of Europe Convention on Action against Trafficking in Human Beings that different training activities on trafficking in persons and related crimes were undertaken for law enforcement bodies, including police officers, prosecutors, judges, labour inspectors and inspectors of the tax and customs board. The Committee requests the Government to continue to provide information on the measures taken to strengthen the capacities of the law enforcement bodies to ensure a better identification of cases of trafficking, both for labour and sexual exploitation, and effective investigations that could lead to prosecutions and the punishment of the perpetrators. The Committee further requests the Government to continue to provide data on the application of section 133 of the Penal Code in practice, including the number of investigations, prosecutions, convictions as well as the specific penalties applied.
3. Protection of victims. The Committee notes the Government’s indication that as from 2021, the Social Insurance Board is in charge of providing support services to victims of trafficking, in line with the Victim Support Act of 2004. In particular, support services include counselling of victims; assisting victims in communicating with state and local government authorities; translation and interpretation services; safe accommodation; vocational training; catering; psychological assistance; and other services necessary for physical and psycho-social rehabilitation of victims. The Government also indicates that the guidelines for identifying and supporting victims of trafficking were renewed in 2019, in cooperation with all the relevant counterparts, including state and local bodies and the non-governmental organizations. The Government further indicates that a new Victim Support Act is currently being drafted. The draft act specifies principles in relation to the treatment of victims, cooperation, and data exchange in the field of trafficking in persons. It also defines the requirements for specialists working with victims of trafficking. The Committee encourages the Government to continue to take measures to ensure that victims of trafficking are provided with appropriate protection and assistance for their recovery and rehabilitation and to facilitate their access to justice and reparation. The Committee requests the Government to provide detailed information on the number of victims identified and the number of victims who benefited from support services and the types of services provided.