Article 24 of the ILO, Key Aspects, Importance, Limitations

Tea plantation workers in West Bengal, represented by Paschim Banga Cha Majoor Samity, have petitioned the International Labour Organization (ILO) under Article 24, alleging systemic labor rights violations, including starvation deaths, severe malnutrition, lack of minimum wage, discrimination against women and Adivasi workers, and lack of compliance with labor standards. 

About Article 24 of the ILO

Article 24 of the International Labour Organization (ILO) enables industrial associations of employers or workers to file a representation against any member state that has failed to secure the effective observance of a ratified ILO convention within its jurisdiction. It is an important supervisory mechanism that helps monitor compliance with international labour standards. 

Key Aspects of Article 24 of the ILO Constitution

• Purpose: The main purpose of Article 24 is to hold member states accountable for failing to implement international labour conventions that they have voluntarily ratified.
• Who Can File a Representation?: Only workers’ organisations or employers’ organisations, such as trade unions and employer federations, can file a representation under Article 24. Individual citizens cannot directly file complaints before the ILO under this provision.
• Scope: Article 24 applies only to conventions that have already been ratified by the concerned member state. The complaint must relate to failure in implementing those conventions.
  • India has ratified six of the ten core or fundamental conventions of the International Labour Organization. These include important conventions such as the Abolition of Forced Labour Convention, 1957 (No. 105), the Equal Remuneration Convention, 1951 (No. 100), and the Worst Forms of Child Labour Convention, 1999 (No. 182), along with other conventions related to labour rights, non-discrimination, and child protection.
• Procedure: The representation is submitted before the ILO Governing Body. If the complaint is considered admissible, a three-member tripartite committee consisting of representatives of governments, employers, and workers may be formed to examine the issue and the response of the concerned government.
• Outcome: The committee submits a report containing its findings and recommendations to the Governing Body. The recommendations may suggest legal, administrative, or policy reforms for improving compliance with labour standards.
• Further Action: If the government fails to take corrective measures, the issue may be further examined by the Committee of Experts or may escalate into a complaint under Article 26 of the ILO Constitution.

Article 25 of the ILO Constitution

Article 25 of the ILO complements Article 24 by allowing the ILO to publish the representation and the government’s response if the explanation provided is considered unsatisfactory.

Although the ILO cannot impose economic sanctions, publication of such reports creates international moral and diplomatic pressure on governments. This process is often referred to as “naming and shaming”.

Allegations Raised in the Recent Representation: The Paschim Banga Cha Majoor Samity alleged systemic labour rights violations in tea plantations of West Bengal. The union highlighted issues such as:

• Starvation deaths and severe malnutrition among workers – nearly 20,000 tea plantation workers found that around 44 percent of workers had a Body Mass Index below 17. 
• Non-payment of wages and pending provident fund dues,
• Absence of proper minimum wages,
• Discrimination against women workers,
• Exploitation of Adivasi and tribal communities,
• Weak labour law enforcement and ineffective inspection systems.

The union urged the ILO to hold the government accountable for failing to implement ratified labour conventions related to forced labour, equal remuneration, non-discrimination, and protection of indigenous populations.

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Importance of Article 24 of the ILO 

Article 24 is important because it strengthens international labour governance and promotes accountability.

• It gives workers’ and employers’ organisations an international platform to raise labour rights concerns.
• It encourages governments to improve labour law implementation.
• It increases transparency and international scrutiny regarding labour conditions.
• It promotes protection of workers’ rights and social justice.

Limitations of Article 24 of the ILO 

Despite its importance, the mechanism has certain limitations.

• The ILO cannot directly impose penalties or economic sanctions on member states.
• Its effectiveness largely depends on moral pressure and international scrutiny.
• Governments may delay implementation of recommendations due to political or administrative reasons.