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ฉบับพิเศษ ประจำ�ปี 2564

reports, as well as the lack of details contained in the reports. In 2014, the Governing
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Body adopted a new follow-up mechanism on the Tripartite Declaration, comprised of

promotional activities and an information gathering mechanism, thus practically
abandoning the periodical review exercise conducted over the previous 30 years. As

part of the information gathering process prior to each ILO Regional Meeting, the
International Labour Office would collect country-level experiences on harnessing
opportunities and addressing challenges related to foreign direct investment and activities

of multinational enterprises, as well as opportunities for the promotion of the principles
of the Tripartite Declaration.

(iii) Interpretation Procedure

The “Interpretation” procedure, which had not existed when the original
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instrument had been adopted in 1977, provided for the submission of requests for
interpretation in cases of a dispute on the meaning and application of its provisions. It

was not designed to solve conflicts or determine findings or provide recommendations,
but to provide guidance for harmonious consultations between the social partners.
However, there are not many cases reported in which this procedure was used. The

reason may be found in the significant number of restrictions provided as to the scope
of the subject matters and the complainant organizations, thereby making the use of the

procedure difficult. The restrictive manner of its application, such as limiting the initiator
of the interpretation only to the traditional tripartite constituents of the ILO and making
such requests receivable only when all other means are not employed, has made the

Tripartite Declaration not user-friendly.

(iv) Promotional Activities by Setting up a “National Focal Point”
The 2017 revision of the Tripartite Declaration introduced a novelty in its Annex:

“Promotion at the national level/promotion by tripartite appointed national focal points.”
The term “national focal points” resembles that of the OECD Guidelines, but it is meant
for the promotion of the Declaration and not for conciliation envisaged under the former.

35 Report of the Subcommittee on Multinational Enterprises GB.294/10 (Rev.) p. 2 Paras. 6 and 7.
36 See footnote 33.

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