As International legal scholars generally opine that the enforcement mechanism as
contained in the ILO Conventions is generally relatively lacklustre,100 some observers
may question the value of accession to and ratification of the Domestic Workers
Convention, 2011. The principal mechanism of seeking state’s compliance with ILO
Conventions is submission of reports by the state parties to the ILO which is then
assessed and commented upon by organizations of employers and workers of the state
party concerned.101 Apart from this, there is also a procedure for submitting complaint by
organizations of employers and workers, other state parties, and the ILO Governing Body
regarding the non-observance of treaty obligations by a state party. 102 Upon such
complaint, inquiry may be conducted and recommendations may follow.103 Thus,
essentially this is a less strict procedure than followed by some other international
organizations such as the World Trade Organization which is much more stringent,
detailed, and carries more tangible costs for non-compliance. Indeed, the fact that the
Government is acting slowly in acceding to this Convention is perhaps an indication that
it appreciates that there are some sort of compliance costs associated with the accession
and ratification. Hence, there should be persistent pressure on the Government for
ratifying this Convention which is the principal international legal instrument for
protection of domestic workers.
Conclusion
In an ideal world, all children would remain care free, would spend their time on
studies, recreational activities, enjoy the charms of living with family and neither would
they have to worry about their survival, nor would they be encumbered with the burden to
work for livelihood or for financially helping their families. However, we live in a world
100
Ernst-Ulrich Petersmann, ‘The WTO Constitution and Human Rights’ (2000) 3(1) Journal of
International Economic Law 19, at 20; Renee Chartres and Bryan Mercurio, ‘A Call for an Agreement on
Trade-related Aspects of Labor: Why and How the WTO Should Play a Role in Upholding Core Labor
Standard’ (2012) 37(3) North Carolina Journal of International Law & Commercial Regulation 665, at
686-691.
101
Constitution of the International Labour Organisation, opened for signature 28th June 1919, 15 UNTS
35 (entered into force 10th January 1920) Articles 22 and 23.
102
Ibid, Article 26.
103
Ibid, Articles 28 and 29.
29