GB.267/LILS/6
267th Session November 1996 |
Committee on Legal Issues and International Labour Standards | LILS |
SIXTH ITEM ON THE AGENDA
1. At the 261st (November 1994) and 264th (November 1995) Sessions of the Governing Body, the Committee had before it papers(1) giving a brief description of the work so far of the ILO's multidisciplinary teams (MDTs) in relation to standards. It expressed the wish to continue to be informed.(2) The present paper summarizes developments in the last 12 months, including information supplied for this purpose by the various MDTs.
2. In November 1995 the Committee noted the view of the Employer and Worker members that there had been some improvement in the structuring of standards-related work and its integration in the activities of the MDTs. It noted that child labour had been clearly identified as a matter for priority attention. The Employer members particularly supported the MDTs' actions for the promotion of the seven basic human rights Conventions. The Worker members thought it necessary for all MDTs to include a standards specialist.
3. At the time of writing, in September 1996, specialists on international labour standards continued as members of the teams in Abidjan, Bangkok, Dakar, Lima, Port of Spain and San José. In November 1995, a post combining specializations in standards and labour relations was filled in the team in Santiago (Chile). No appointments had yet been made to the vacancies in Addis Ababa, Beirut, Manila and New Delhi. The post in Harare fell vacant on 1 August and that in Abidjan was due to fall vacant shortly. No post for a standards specialist had been provided for in the cases of the Budapest or Cairo MDTs, although specializations in labour relations and labour legislation are included.
4. The progress reported to the Governing Body in November 1995 has been followed by a period of mixed results for the various teams. Some have sustained developments as regards their staffing which affect their ability to undertake all the standards-related activities that they and the constituents might wish, as well as their ability to ensure that the necessary standards considerations are consistently raised in the course of their programmes of action as a whole. At the same time, it has in several cases been possible for MDTs to help each other by providing expertise (not only in standards) which is lacking for particular work items.
5. Similarly, the International Labour Standards Department (NORMES) has continued to provide technical advice and where possible has participated in missions at the request of MDTs. During the last year, internal one-day workshops on standards and technical cooperation were held by NORMES in cooperation with the MDTs in Dakar, Lima and Santiago. Four standards specialists and two associate experts on standards were able to meet briefly in NORMES during the June session of the Conference.
6. Abidjan. The standards specialist has continued to be assisted by an associate expert. They have undertaken advisory missions to Benin, Cameroon, Congo and Zaire, and participated in the formulation of country objectives for Benin, Burkina Faso, Cameroon, Togo and Zaire. They have taken part in activities for the promotion of freedom of association and tripartism in Benin, Burkina Faso, Cte d'Ivoire, Zaire and -- for the region -- in Yaoundé. Activities regarding child labour in cooperation with IPEC have included contribution to a national seminar in Benin, a subregional trade union seminar and a joint ILO/UNICEF regional consultation. In Ghana, a mission relating to employment-intensive works was undertaken by the standards specialist from Harare; and a tripartite seminar on standards was held in cooperation with NORMES and the Lagos Area Office.
7. Addis Ababa. Although no standards specialist has yet been appointed to the post provided, an associate expert joined the team in May after two years with the Dakar team. All team members have been taking standards into account in their work. Labour legislation reform has been initiated in Mauritius, Uganda and the United Republic of Tanzania in close cooperation with the area offices; activities on occupational safety and health and freedom of association have taken place in Ethiopia. The Addis Ababa, Dar Es Salaam and Antananarivo Area Offices have continued to transmit information, especially on the fundamental Conventions. The standards specialist from Harare assisted the MDT as regards the interdepartmental urban informal sector project in Dar Es Salaam.
8. Bangkok. In China, the standards specialist participated in national events relating to the Vocational Rehabilitation and Employment (Disabled Persons) Convention, 1983 (No. 159), the Chemicals Convention, 1990 (No. 170), the Equal Remuneration Convention, 1951 (No. 100) and the Discrimination (Employment and Occupation) Convention, 1958 (No. 111). In July, together with NORMES, the employment specialist took part in a consultation on employment promotion legislation and the Employment Policy Convention, 1964 (No. 122); a follow-up seminar took place in September, and a further programme is being organised in cooperation with the Turin Centre. In Mongolia, the standards specialist carried out an information mission for constituents; and the gender specialist held a workshop on the importance of standards. The workers' specialist made a presentation on standards at a meeting on trade union strategies in Singapore. In cooperation with the Equality of Rights Branch (EGALITE), a seminar on basic standards was held in Viet Nam. As in previous years, an Asian-Pacific regional symposium on standards-related topics was held -- this time in cooperation with the Labour Law Information Branch (INFLEG) -- to prepare constituents for the general session of the Conference.
9. Beirut. The MDT does its utmost to provide standards-related assistance within its area; but to be more effective the vacant specialist post would have to be filled.
10. Budapest. Despite the absence of a standards specialist in the team (the Fifth European Regional Conference held in Warsaw in September 1995 recommended the establishment of such a post), standards receive prominent attention in all advisory missions. This applied to tripartite seminars on industrial relations and social dialogue in Hungary, Lithuania, Poland and Ukraine; further meetings in five other countries were planned. Assistance was given to Belarus and Lithuania in respect of reporting obligations, and advice to Belarus on the implementation of recommendations of the Committee on Freedom of Association. In cooperation with the MDT, a NORMES official carried out advisory missions to Albania, Croatia and Slovenia. As regards Moldova, study visits to Geneva and Budapest were arranged, as well as a tripartite seminar on ILOLEX and NATLEX. There was a tripartite study visit to Geneva from the Czech Republic. Work has proceeded in cooperation with NORMES/EGALITE on a set of guidelines for the employment of ethnic minorities.
11. Cairo. This team has no standards specialist post, but it has recently acquired a specialist on labour relations and legislation. It has sought assistance from the Addis Ababa team.
12. Dakar. The standards specialist -- assisted until March by an associate expert -- has undertaken a series of missions in the countries he covers and has also been active in ensuring that standards considerations are included in the whole range of activities in which the MDT is engaged. He took part in a regional trade union seminar on child labour in North Africa; and a study on the legal framework for employment policy in Mali (along the lines of Governing Body recommendations). A programme of update meetings to review standards-related obligations and other questions has been proposed to all countries covered, and has already been presented in Guinea, Guinea-Bissau and Mauritania. Training has been given to ministry officials in various countries, including instruction in the use of ILOLEX and NATLEX. An advisory mission to Gambia was undertaken by NORMES in cooperation with the MDT.
13. Harare. The associate expert continues to carry out standards-related functions. Together with the standards specialist (present until the end of July), he has presented updates on international labour standards in Botswana, Lesotho, Malawi, Namibia, South Africa, Zambia and Zimbabwe, and has planned to do the same in Mozambique and Swaziland. The half-day updates are welcomed by constituents and have had a very positive effect on the fulfilment of reporting obligations in the subregion. A report on labour standards in export processing zones was prepared for SADC. Missions on standards have visited all countries covered by the team. Emphasis is given throughout to the basic human rights Conventions.
14. Lima. The standards specialist has undertaken various missions and collaborated closely with other members of the team. The MDT has been carrying out studies and implementing familiarization programmes for the legislative and judicial authorities in the countries covered. In particular, a seminar for the high judiciary took place in Colombia in May. In Ecuador a programme of information aimed at proposals for the reform of labour legislation in line with ratified Conventions has been designed.
15. Manila. The post of standards specialist remaining vacant, the team has been assisted by the specialist from Bangkok. In the Philippines, progress has been made in promoting the ratification of Conventions on migrant workers (Nos. 97 and 143), maritime employment (No. 147), the working environment (No. 155), and indigenous and tribal peoples (No. 169), especially as a result of a formal meeting between ILO representatives and legislators. Assistance is also being given with a view to ratification of the Human Resources Development Convention, 1975 (No. 142). Presentations on standards were made at two Asian Development Bank meetings: one for ADB staff, the other a Forum on Indigenous Peoples. In Indonesia, workshops on child labour are being held with a view to ratification of the Minimum Age Convention, 1973 (No. 138); the MDT is following developments relating to freedom of association. A series of missions in the South Pacific has promoted tripartite consultations in line with Convention No. 144; and tripartite workshops on standards held in Papua New Guinea and the Solomon Islands have given assistance on all submission and reporting problems, also making recommendations for future ratifications.
16. New Delhi. The post of standards specialist has been vacant since November, and though the momentum for standards-related activities previously generated could not be maintained, industrial relations and workers' and employers' activities in particular have integrated standards considerations. In India, assistance has been given to the Tripartite Committee on Conventions, and on standards information systems, and the standards specialist from Bangkok took part in one meeting. Advice on workplace cooperation has been provided in Bangladesh, India and Nepal, and the gender specialist from Bangkok took part in two workshops on women's rights in Bangladesh. The standards specialist from Harare took part in a mission to India concerning labour-intensive works programmes.
17. Port of Spain. The standards specialist has emphasized the fundamental standards in her work, organizing one subregional and seven national seminars on standards for constituents, as well as contributing to other events. These include a meeting of ministers of labour, an ILO workshop in St. Vincent and the Grenadines, two workshops on women workers' rights in Suriname, a tripartite consultation on occupational safety and health in Guyana, workers' education courses on gender, maritime and occupational safety and health issues in Trinidad and Tobago, and a Caribbean Human Rights Association course in Jamaica. Together with other team members, the specialist has undertaken many awareness-raising activities. She carried out informal advisory missions to assist in the fulfilment of standards-related obligations in eight member States, and this has produced results particularly in terms of submission to the competent authorities, the application of ratified Conventions and some new ratifications. Assistance to CARICOM and individual States on labour legislation has drawn on the provisions of ILO standards. Information and training generally includes reference to women workers' issues, especially in follow-up on the Beijing Conference. Tripartism in standards issues is promoted; and the standards element is systematically integrated in country objectives exercises.
18. San José. The standards specialist and the associate expert have maintained an intensive programme of missions due to increasing demand, while collaborating closely with other members of the team. In cooperation with NORMES/INFLEG, the team held a series of national and subregional tripartite seminars on standards and national legislation. The standards specialist and associate expert have also carried out other advisory missions, addressed equally to the social partners, including Costa Rica, El Salvador, Guatemala, Haiti and Nicaragua. These have also concerned gender issues and various technical cooperation projects. A particular effort has been made in respect of indigenous issues as part of the peace process in Guatemala, and for the promotion of the Indigenous and Tribal Peoples Convention, 1989 (No. 169) in several countries.
19. Santiago (Chile). The responsible specialist has carried out various missions, in particular to encourage the supply of due reports by the responsible ministries. He coordinated the country objectives exercise in Uruguay, ensuring that standards considerations were raised. He has also pursued the promotion of standards in the MERCOSUR economic integration process. He was due to undergo a two-week briefing at NORMES in Geneva.
20. MDTs have been particularly active, following the Director-General's initiative of May 1995 and in cooperation with NORMES, in offering assistance to member States for the ratification and implementation of standards relating to basic human rights. This includes raising awareness of the issue of child labour, with a view also to preparations for the Conference discussion in 1998-99.
21. MDT directors have also been aware of the need to cooperate with one another in order to seek different means of filling the gaps in various teams' competence, as regards standards as well as other specializations. While the ability of NORMES to help by fielding missions is limited by its own staffing shortages and the priority demand of servicing meetings at headquarters, this is another option that teams have to bear in mind. In some MDTs no post of standards specialist -- even combined with other specialization in labour relations or labour legislation -- is yet provided, and in other cases posts which are provided have remained vacant for a longer period of time.
22. As regards the technical work carried out by MDTs, country objectives exercises have been continuing during the period under review, as have various measures to promote the ratification and implementation of the Organization's fundamental Conventions. It has thus been possible in many cases to formulate national priorities reflecting both the constituents' and the ILO's preoccupations in terms of international labour standards. In the next phase, MDTs will no doubt wish to follow up on these formulations, and the Committee will be kept informed of developments in this area.
23. Finally, several MDTs have attached great importance to the role of the standards specialists in assisting in the fulfilment of reporting obligations. In Africa, the programme of updates on international labour standards has had a marked success, but in other regions specialists have also continued to give this function a very high priority and to offer and provide information and guidance relating to articles 19 and 22 of the ILO Constitution as a matter of routine.
Geneva, October 1996.
1 GB.261/LILS/5/3 and GB.264/LILS/6.
2 GB.261/5/27, paras. 68 to 72.