| GB.268/14
268th Session Geneva, March 1997 |
FOURTEENTH ITEM ON THE AGENDA
Report of the Director-General
Contents
- Obituary
- Progress in international labour legislation
- Internal administration
- Publications and documents
Mr. Manthri Peruman Sundaram
1. The Director-General announces with deep regret the death, on 13 December 1996, of Mr. Manthri Peruman Sundaram, Worker member of the Governing Body.
2. Mr. Sundaram spent most of his life in the service of the Ceylon Workers' Congress (CWC). In 1957, when he graduated from law school as attorney-at-law, he joined the CWC as its Administrative Secretary, later took the post of the Legal Secretary and for a long time he served the Congress as its Deputy Secretary-General. At the time of his death he was serving as the Secretary for International Affairs of the CWC and was based in London. Mr. Sundaram represented the Ceylon Workers' Congress at various regional and international fora and was recognized as a fervent advocate of the interests of the CWC and, in particular, the rights of plantation workers.
3. He was also Vice-President of the South Asian Regional Trade Union Council, and a Member of the Executive Board of the International Confederation of Free Trade Unions.
4. Mr. Sundaram made a significant contribution to the work of the ILO. In 1993 and 1994 he was appointed Workers' delegate of his country to the International Labour Conference, and from 1981 to 1990 he was elected substitute Worker member of the Governing Body, on which he also served as a deputy member from 1990-93 and 1996 to his death. His profound concern for the well-being of workers in Sri Lanka and all over the world, and his outspoken stance for justice and human rights earned him the friendship and respect of many, particularly in the Asia and Pacific region.
5. The Governing Body will no doubt wish to request the Director-General to convey its sympathy to the family of Mr. Sundaram, to the Ceylon Workers' Congress and to the International Confederation of Free Trade Unions.
Mr. Félix Moukoko Kingue
6. The Director-General announces with deep regret the death, on 5 January 1997, of Mr. Félix Moukoko Kingue, former Employer member of the Governing Body.
7. Mr. Moukoko Kingue's name is closely associated with the search for African employers' unity, which culminated in 1986 in the formation of the Pan-African Employers' Confederation (PEC). He spent most of his life in the service of employers. He was co-founder and first Secretary-General of the Groupement des Hommes d'Affaires Camerounais, Chairman of the Union des Syndicats Professionels du Cameroun, Vice-Chairman of the Groupement Interpatronal du Cameroun, Treasurer of the Cameroon Institute of Chartered Accountants, member of the Governing Body of the National Social Security Fund and Vice-Chairman of the Pan-African Employers' Confederation.
8. His commitment to dialogue as a means of solving difficult issues enabled him to become a unifying force between East and West Africa, as well as between English- and French-speaking African employers. It was partly due to his diplomacy that the member States of the Organization of African Unity (OAU) were persuaded to grant the PEC observer status in the OAU Labour Commission and to transform the Commission into a tripartite body.
9. As a titular, deputy and substitute member of the Governing Body, between 1972 and 1993, and when attending the International Labour Conference in 1994, 1995 and 1996, Mr. Moukoko Kingue fought fearlessly for the right of free enterprise and promoted the cause of African employers. His human qualities, his incisive thinking and eloquent interventions in the Governing Body earned him the respect and friendship of many. His contribution to the unity and strength of African employers will be remembered with gratitude.
10. The Governing Body will no doubt wish to request the Director-General to convey its sympathy to the family of Mr. Moukoko Kingue, the Groupement Interpatronal du Cameroun and the Pan-African Employers' Federation.
Ratification of Conventions
11. Since the 267th Session of the Governing Body, the Director-General has registered the following 82 ratifications of international labour Conventions, bringing the total number registered on 23 January 1997 to 6,415:
Austria
Ratification registered on 20 December 1996
Protection of Workers' Claims (Employer's Insolvency) Convention, 1992 (No. 173)
Belgium
Ratifications registered on 11 October 1996
Occupational Cancer Convention, 1974 (No. 139)
Asbestos Convention, 1986 (No. 162)
Bolivia
Ratification registered on 19 December 1996
Vocational Rehabilitation and Employment (Disabled Persons) Convention, 1983 (No. 159)
Brazil
Ratification registered on 23 December 1996
Chemicals Convention, 1990 (No. 170)
Estonia
Ratification registered on 11 December 1996
Seafarers' Identity Documents Convention, 1958 (No. 108)
Finland
Ratification registered on 23 January 1997
Safety and Health in Construction Convention, 1988 (No. 167)
Guatemala
Ratification registered on 29 October 1996
Collective Bargaining Convention, 1981 (No. 154)
Israel
Ratification registered on 6 December 1996
Merchant Shipping (Minimum Standards) Convention, 1976 (No. 147)
Jamaica
Ratification registered on 23 October 1996
Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144)
Mongolia
Ratification registered on 8 October 1996
Workers' Representatives Convention, 1971 (No. 135)
Mozambique
Ratifications registered on 23 December 1996
Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87)
Right to Organise and Collective Bargaining Convention, 1949 (No. 98)
Employment Policy Convention, 1964 (No. 122)
Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144)
Nepal
Ratification registered on 11 November 1996
Right to Organise and Collective Bargaining Convention, 1949 (No. 98)
The former Yugoslav Republic of Macedonia
Ratifications registered on 17 November 1991
Unemployment Convention, 1919 (No. 2)
Maternity Protection Convention, 1919 (No. 3)
Unemployment Indemnity (Shipwreck) Convention, 1920 (No. 8)
Placing of Seamen Convention, 1920 (No. 9)
Right of Association (Agriculture) Convention, 1921 (No. 11)
Workmen's Compensation (Agriculture) Convention, 1921 (No. 12)
White Lead (Painting) Convention, 1921 (No. 13)
Weekly Rest (Industry) Convention, 1921 (No. 14)
Medical Examination of Young Persons (Sea) Convention, 1921 (No. 16)
Workmen's Compensation (Accidents) Convention, 1925 (No. 17)
Workmen's Compensation (Occupational Diseases) Convention, 1925 (No. 18)
Equality of Treatment (Accident Compensation) Convention, 1925 (No. 19)
Seamen's Articles of Agreement Convention, 1926 (No. 22)
Repatriation of Seamen Convention, 1926 (No. 23)
Sickness Insurance (Industry) Convention, 1927 (No. 24)
Sickness Insurance (Agriculture) Convention, 1927 (No. 25)
Marking of Weight (Packages Transported by Vessels) Convention, 1929 (No. 27)
Forced Labour Convention, 1930 (No. 29)
Protection against Accidents (Dockers) Convention (Revised), 1932 (No. 32)
Underground Work (Women) Convention, 1935 (No. 45)
Maintenance of Migrants' Pension Rights Convention, 1935 (No. 48)
Officers' Competency Certificates Convention, 1936 (No. 53)
Sickness Insurance (Sea) Convention, 1936 (No. 56)
Certification of Ships' Cooks Convention, 1946 (No. 69)
Medical Examination (Seafarers) Convention, 1946 (No. 73)
Certification of Able Seamen Convention, 1946 (No. 74)
Final Articles Revision Convention, 1946 (No. 80)
Labour Inspection Convention, 1947 (No. 81)
Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87)
Employment Service Convention, 1948 (No. 88)
Night Work (Women) Convention (Revised), 1948 (No. 89)
Night Work of Young Persons (Industry) Convention (Revised), 1948 (No. 90)
Paid Vacations (Seafarers) Convention (Revised), 1949 (No. 91)
Accommodation of Crews Convention (Revised), 1949 (No. 92)
Migration for Employment Convention (Revised), 1949 (No. 97)
Right to Organise and Collective Bargaining Convention, 1949 (No. 98)
Equal Remuneration Convention, 1951 (No. 100)
Social Security (Minimum Standards) Convention, 1952 (No. 102)
Maternity Protection Convention (Revised), 1952 (No. 103)
Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106)
Wages, Hours of Work and Manning (Sea) Convention (Revised), 1958 (No. 109)
Discrimination (Employment and Occupation) Convention, 1958 (No. 111)
Medical Examination (Fishermen) Convention, 1959 (No. 113)
Fishermen's Articles of Agreement Convention, 1959 (No. 114)
Final Articles Revision Convention, 1961 (No. 116)
Guarding of Machinery Convention, 1963 (No. 119)
Employment Injury Benefits Convention, 1964 [Schedule I amended in 1980] (No. 121)
Employment Policy Convention, 1964 (No. 122)
Accommodation of Crews (Fishermen) Convention, 1966 (No. 126)
Labour Inspection (Agriculture) Convention, 1969 (No. 129)
Minimum Wage Fixing Convention, 1970 (No. 131)
Holidays with Pay Convention (Revised), 1970 (No. 132)
Workers' Representatives Convention, 1971 (No. 135)
Benzene Convention, 1971 (No. 136)
Minimum Age Convention, 1973 (No. 138)
Occupational Cancer Convention, 1974 (No. 139)
Paid Educational Leave Convention, 1974 (No. 140)
Human Resources Development Convention, 1975 (No. 142)
Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143)
Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148)
Occupational Safety and Health Convention, 1981 (No. 155)
Workers with Family Responsibilities Convention, 1981 (No. 156)
Termination of Employment Convention, 1982 (No. 158)
Vocational Rehabilitation and Employment (Disabled Persons) Convention, 1983 (No. 159)
Occupational Health Services Convention, 1985 (No. 161)
Asbestos Convention, 1986 (No. 162).
Following the admission of The former Yugoslav Republic of Macedonia to the International Labour Organization on 28 May 1993, the Government of The former Yugoslav Republic of Macedonia has recognized that it continues to be bound by the obligations arising under the above-mentioned Conventions which were previously applicable to its territory and, at its request, the endorsement of the Conventions was registered as of 17 November 1991.
Denunciation of Conventions
Brazil
12. The Director-General registered, on 20 November 1996, the denunciation by Brazil of the Termination of Employment Convention, 1982 (No. 158).
13. The text of the communication concerning the denunciation by Brazil of this Convention reads as follows:
Upon instructions of my Government, and with reference to Article 17 of the Convention No. 158 concerning the termination of employment at the initiative of the employer, I have the honour to inform you that the Brazilian Government has decided to denounce the above-mentioned Convention.
While resorting to this legal step with regard to this specific instrument, I would like to reiterate the attachment of Brazil to the principles and norms of the International Labour Organization. Brazil is party to a great number of ILO Conventions and only in rare instances did denounce a Convention.
In accordance with the provisions of Convention No. 144, the Brazilian Government has held the pertinent tripartite consultations about this denunciation.
The Government of Brazil attaches great importance to the protection of employment against arbitrary dismissal or against dismissal without cause. This issue is dealt with in the Federal Constitution (Article 7, I) and tripartite discussions are being held with a view to introducing a bill to complement the constitutional provision.
Complex circumstances, of legal and economic nature, which could not have been foreseen at the time of ratification, have made it difficult for the Brazilian Government to implement Convention No.158 within its legal system. In fact, the Convention could, on the one hand, be invoked to justify excessive and indiscriminate dismissals, based on the rather general and vague "operational requirements of the undertaking, establishment or service", as stated in its Article 4, or, on the other hand, give way to a broad prohibition of dismissals which would not be compatible with the current programme of economic and social reform and modernization. It is also felt that the Convention would be a step back in the course towards less state intervention and more collective bargaining.
Such uncertainty regarding the scope of the provisions of the Convention would, in the context of the Brazilian legal system, based on positive law, generate insecurity and litigation, with no practical advantages for the improvement and modernization of labour relations.
It is important to stress that the Brazilian Government is sensitive to the issues dealt with in the Convention and has the intention to continue applying and improving the national legislation concerning the protection of employment.
Peru
14. The Director-General registered, on 13 January 1997, the denunciation by Peru of the Night Work (Women) Convention (Revised), 1934 (No. 41).
15. The text of the communication concerning the denunciation by Peru of this Convention reads as follows:
(Translation)
In accordance with prevailing constitutional requirements, and taking into account the provisions of Article 12 of the Night Work (Women) Convention (Revised), 1934 (No. 41), the Government of Peru hereby denounces the said international instrument by which it became bound when it deposited, on 10 October 1945, the corresponding ratification instrument. The denunciation was approved by Legislative Resolution No. 26726 of 14 December 1996, promulgated on 27 December 1996.
I therefore invite you, in your capacity as representative of the central organ of the International Labour Office (ILO), which acts as depository of such agreements, to proceed to communicate Peru's formal denunciation to the other States Parties to this Convention.
Ratifications authorized (article 19 of the Constitution)
16. The ratification of the following international labour Conventions has been authorized by the countries indicated:
Bolivia
Vocational Rehabilitation and Employment (Disabled Persons) Convention, 1983 (No. 159)
Costa Rica
Labour Statistics Convention, 1985 (No. 160)
Croatia
Abolition of Forced Labour Convention, 1957 (No. 105).
17. Article 4.2(d) of the Staff Regulations states:
Vacancies in the Director and Principal Officer category shall be filled by the Director-General by transfer in the same grade, promotion or appointment. Such promotions or appointments, other than to vacancies in technical cooperation projects, shall be reported to the Governing Body with a short statement of the qualifications of the persons so promoted or appointed.
18. The following appointment and promotion is accordingly reported to the Governing Body:
Mr. W. Sengenberger (Germany)
Appointed Director of the Employment and Training Department (EMPFORM) with effect from 1 January 1997 and promoted to D.2. Promotion to D.1 was reported to the Governing Body in June 1996.
19. Items listed below are those published at ILO headquarters and do not include those produced by the field offices or commercial and governmental publishers. Approximately 500 items are documented each year as being published globally.
International Labour Conference
20. The following reports for the 85th (1997) Session of the International Labour Conference have been issued in English, French and Spanish:
Report III(1A): Report of the Committee of Experts on the Application of Conventions and Recommendations (also available in Arabic, German and Russian).
Report III(1B): General Survey on the Labour Administration Convention (No. 150) and Recommendation (No. 158), 1978.
21. The following reports for the 85th (1997) Session of the International Labour Conference have been issued in English, French, Spanish, German, Russian, Arabic and Chinese:
Report IV(1): Revision of the Fee-Charging Employment Agencies Convention (Revised), 1949 (No. 96).
Report IV(2): Revision of the Fee-Charging Employment Agencies Convention (Revised), 1949 (No. 96).
Report V(1): General conditions to stimulate job creation in small and medium-sized enterprises.
Report V(2): General conditions to stimulate job creation in small and medium-sized enterprises.
Report VI(1): Contract labour.
Report VI(2): Contract labour.
Sectoral Activities Programme
22. The Note on the Proceedings of the Joint Meeting on the Impact of Structural Adjustment on Educational Personnel, 1996, has been issued in English, French and Spanish.
23. The Note on the Proceedings of the Tripartite Meeting on Social and Labour Problems caused by Structural Adjustments in the Port Industry, 1996, has been issued in English, French and Spanish.
Periodical publications
24. The following issues have been published or are in the press in the languages indicated:
Bulletin of Labour Statistics: fourth issue and the third and fourth supplementary issues 1996 (trilingual).
International Labour Documentation: Nos. 10 and 11/12, 1996; Nos. 1 and 2, 1997 (in English).
International Labour Review: Vol. 115, 1996/5 (in Spanish); Vol. 135, 1996/3 and 1996/5 (in English and French); Vol. 135, 1996/6 (in English and French); Vols. 135, 1996/1 and 1996/2 (in Spanish); Vol. 136, 1997/1 (in French).
Labour Education: No. 103, 1996/2: Protecting the least protected: Rights of migrant workers and the role of trade unions (in English, French and Spanish).
Official Bulletin: Vol. LXXVII, Series A, General Index 1994; Vol. LXXIX, 1996, Series A, No. 1; Vol. LXXIX, 1996, Series B, Nos. 1 and 2 (in English, French and Spanish).
Sources and methods: Labour statistics, Volume 5. Total and economically active population, employment and unemployment (population censuses) (trilingual).
Statistics on occupational wages and hours of work and on food prices: October Inquiry results, 1994 and 1995. Special supplement to the Bulletin of Labour Statistics, 1996 (trilingual).
Yearbook of Labour Statistics, 1996 (trilingual).
Non-periodical publications
25. The following volumes have been issued or are in the press in the languages indicated:
We can make it. Stories of disabled women in developing countries (in English) (February 1997).
Sending workers abroad. A manual on policies and procedures of special interest to middle- and low-income countries (in English) (February 1997).
Localizing global production. Know-how transfer in international manufacturing (in English) (February 1997).
Employment policies and programmes in Central and Eastern Europe (in English) (February 1997).
Environmental business management. An introduction. Second (revised) edition (in English) (March 1997).
Lessons from privatization (in English) (March 1997).
International migration statistics. Guidelines for improving data collection systems (in English) (May 1997).
Affirmative action in the employment of ethnic minorities and persons with disabilities, edited by J. Aeberhard-Hodges and Carl Raskin (in English) (May 1997).
Agreements with commercial and non-profit-making publishers and distributors
26. The following agreements have been signed since the 267th Session of the Governing Body:
| Statistics for emerging labour markets in transition countries: A technical guide on sources, methods, classifications and policies (English edition) | Macmillan Press Ltd., United Kingdom | |
| Paying the price: The wage crisis in Central and Eastern Europe (English edition) | " | |
| Promoting gender equality at work. Turning vision into reality for the twenty-first century (English edition) | Zed Books, United Kingdom | |
| Creating a favourable climate and conditions for cooperative development in Central and Eastern Europe (German edition) | Universität Potsdam, Germany | |
| International standard classification of occupations, ISCO-88 (co-publication, Russian edition) | Finstatinform Ltd., Russian Federation | |
| Safety, health and welfare on construction sites. A training manual (reprint) | Oxford and IBH Publishing Co., India | |
| Shelter provision and employment generation (reprint) | " | |
| Site management. Handbook (reprint) | " | |
| Site management. Workbook (reprint) | " | |
| Start your business. Manual. A step-by-step guide to starting a business (adaptation) | Swedish Cooperative Centre (SCC), Zimbabwe | |
| Employing foreign workers. A manual for policies and procedures of special interest to middle- and low-income countries (Czech edition) | Research Institute of Labour and Social Affairs, Czech Republic | |
| Employing foreign workers. A manual for policies and procedures of special interest to middle- and low-income countries (Hebrew edition) | Protection of Workers' Rights, Israel | |
| Productivity and quality management. A modular programme (Bahasa Indonesia edition) | Indonesian Human Resources Foundation, Indonesia | |
| First things first in child labour. Eliminating work detrimental to children (Vietnamese edition) | Institute for Industrial Information and Economy, Viet Nam | |
| In the twilight zone: Child workers in the hotel, tourism and catering industry (Vietnamese edition) | " | |
| Child labour: Targeting the intolerable. Report VI(1). International Labour Conference, 86th Session, 1998 (Italian edition) | Ministry of Labour and Social Welfare, Italy | |
| Techniques actuarielles de la sécurité sociale. Régime des pensions d'invalidité, de vieillesse et de survivants (Farsi edition) | Social Security Organization, Islamic Republic of Iran | |
| Introduction to social security. Third edition (Russian edition) | Social Insurance Fund for the Mining and Metallurgical Industry, Russian Federation | |
| Ergonomic checkpoints. Practical and easy-to-implement solutions for improving safety, health and working conditions (Polish edition) | The Nofer Institute of Occupational Medicine, Poland | |
| MATCOM (I-Kiribati adaptations) | Ministry of Labour, Employment and Cooperatives, Republic of Kiribati | |
| -- Weighing and prepacking | " | |
| -- Basic economics of a consumer cooperative |
" | |
| -- Basic rules for the display of goods | " | |
| -- Basic training methodology. Material for training cooperative trainers | " | |
| -- Buildings and equipment for small shops | " | |
| -- Cash control using a cash register |
" | |
| -- Cash control without a cash register | " | |
| -- Cash and stock management |
" | |
| -- The display of goods in self-service shops | " | |
| -- Easy lettering for signs and posters | " | |
| -- Food spoilage and preservation | " | |
| -- Grass-roots cooperative action. A guide for training of cooperative field workers | " | |
| -- Handling of cash | " | |
| -- Leakage | " | |
| -- Ordering of goods | " | |
| -- Planning and controlling the business | " | |
| -- Price-marking | " | |
| -- Pricing | " | |
| -- Receipt of goods | Ministry of Labour, Employment and Cooperatives, Republic of Kiribati | |
| -- Retail management: Material for management training in consumer cooperatives. A trainer's manual | " | |
| -- Salesmanship | " | |
| -- Shop hygiene | " | |
| -- Shoplifting | " | |
| -- Stock control records | " | |
| -- Stock range | " | |
| -- Work organization and staff management | " | |
| Combining work and elder care. A challenge for now and the future (microform) | Congressional Information Service Inc., United States | |
| Wage workers in agriculture: Conditions of employment and work. Report for discussion at the Tripartite Meeting on Improving the Conditions of Employment and Work of Agricultural Wage Workers in the Context of Economic Restructuring (microform) | " | |
| Management of alcohol- and drug-related issues in the workplace. An ILO code of practice (microform and CD-ROM) | Technical Indexes Ltd. (TI), United Kingdom | |
| Recording and notification of occupational accidents and diseases. An ILO code of practice (microform and CD-ROM) | " | |
| LABPROJ (Population active projections and evaluations, 1950-2010) (database on diskette) | Institut de Gorée, Senegal | |
| LABPROJ (Economically active population estimates and projections, 1950-2010) (database on diskette) | Europäisches Zentrum für Wirtschaftsforschung und Strategieberatung, Switzerland | |
| LABPROJ (Economically active population estimates and projections, 1950-2010) (database on diskette) | United Nations Development Programme, United States | |
| LABORSTA (Year Book of Labour Statistics database) (online vendor agreement) | Resource Centre for Access to Data on Europe, United Kingdom |
Geneva, 19 March 1997.
Points for decision:
Paragraph 5;
Paragraph 10.