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GB.270/LILS/WP/PRS/1/1
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Committee on Working Party on Policy regarding the Revision of Standards |
PRS |
FIRST ITEM ON THE AGENDA
Follow-up on the recommendations of the Working Party
Contents
I. Follow-up action at the level of the Organization
II. Follow-up action at the level of the member States
Policy regarding the revision of standards:
Follow-up measures pursuant to Governing Body decisions
Information note for all Office units
Ratifications registered between 1 November 1995 and 30 September 1997
1. At its meeting of March 1997, the Governing Body requested the Office to prepare a document with updated information on the follow-up to the recommendations of the Working Party. It was agreed to give priority attention to the present document, which appears as the first item on the agenda of the meeting.
2. Since the Working Party is examining this question for the first time, the updating highlights the action taken within the Organization both by the member States and by its principal bodies. It refers to the information contained in the document presented at the meeting of last March(1) and includes the replies received so far from constituents within the framework of consultations on the revision needs of certain Conventions. The document proposes guidelines for future action on policy regarding the revision of standards which the Working Party is invited to examine.
3. Following the examination of the least ratified and dormant Conventions, the Governing Body had pointed out, in its decision of March 1996, that the implementation of some of the recommendations of the Committee on Legal Issues and International Labour Standards would involve action by both the Office and the member States.(2)
I. Follow-up action at the level of the Organization
4. During the plenary sittings of the 85th Session of the Conference, the statements made on the Director-General's Report on The ILO, standard setting and globalization resulted in substantial support from many members of the three groups for the process of revising standards. Some Employer members expressed concern that the process under way had slowed down. The Government member of France said that the documents of the Working Party should be published. Furthermore, the proposed constitutional amendment on the abrogation of Conventions, the initiative of which had come from the Working Party, had been widely supported by the Conference. In a dispatch of 29 August, the text of the amendment was officially communicated to governments of member States with a view to its ratification.
5. During the opening sitting of the Conference Committee on the Application of Standards, the representative of the Director-General gave the floor to the Chairperson of the Working Party who described to the tripartite delegations the work carried out on policy regarding the revision of standards. In his statement, the Chairperson recalled that it was necessary for governments and social partners to play an active role if the policy regarding the revision of standards were to be a success. He said that he was convinced that the members of the Committee would contribute to implementing, in their respective countries, the decisions of the Governing Body. This statement, as well as the distribution of an information note as a Committee document,(3) enabled the spokespersons of the non-governmental groups to give their support to the policy regarding the revision of standards. The Employer members insisted on the fact that existing standards needed an in-depth revision. A reduction in the pace of work could have negative repercussions on the image and efficiency of the ILO. The Worker members recalled that the work of the Governing Body in the sphere of the revision of Conventions and the promotion of their ratification had been carried out in a calm and serious manner and on the basis of consensus and that it might be hoped that this work would continue in the same spirit of cooperation. Furthermore, some members who did not directly participate in the Working Party had taken the opportunity to make observations on the policy regarding the revision of standards. Thus the Government member of Kenya expressed support for the work under way. He said that it was urgent to revise and rationalize existing standards. The questions concerning the policy of revising standards were also raised in the discussion of individual cases, in particular when the Government member of Peru suggested a revision of the Social Security (Minimum Standards) Convention, 1952 (No. 102).
6. It should also be noted that the adoption of the Private Employment Agencies Convention (No. 181) by the Conference in June 1997 had made it possible to achieve a revision of the Fee-charging Employment Agencies Convention (Revised), 1949 (No. 96). The Governing Body had decided, in March 1996, to shelve, with immediate effect, the Fee-charging Employment Agencies Convention, 1933 (No. 34), recommending that States parties should examine the possibility of ratifying Convention No. 96 or a new Convention which revised it. In a forthcoming document, the Working Party might like to examine once again the situation concerning Convention No. 96, with account being taken of the adoption of Convention No. 181.
7. The Governing Body confirmed the recommendation of the Working Party by placing on the agenda of the 1999 Conference an item on the revision of instruments on maternity protection. Furthermore, as regards the General Surveys carried out by the Committee of Experts on the Application of Conventions and Recommendations, the Governing Body, on the basis of the recommendations by the LILS Committee, has now scheduled the General Survey on instruments concerning migrant workers for 1998. Since the subjects of the General Surveys for the two next periods have now been fixed, the other recommendations of the Working Party regarding General Surveys on hours of work and night work by women will be placed before the LILS Committee between now and November 1998. The Committee of Experts will regularly present special studies on Conventions regarding basic human rights at work, in order to analyse the obstacles which may prevent the ratification of some of these instruments, as well as the extent to which effect has been given, at the national level, to the provisions of these Conventions.
8. It should be noted that the recommendations of the Working Party will be included in the portfolio of proposals for the agenda of the Conference, which is presented to the Governing Body.(4) This is the case, for example, of the revision of instruments on night work by children and young persons, which could take the form of a Protocol to the Night Work Convention, 1990 (No. 171). The Governing Body will be invited to take direct account of the recommendations made by the Working Party at the present meeting in order to be able to consider them for possible inclusion on the agenda of the Conference in the year 2000.
9. The Office continues to take specific measures to promote the ratification of Conventions which have been identified in the Governing Body decisions on the policy regarding the revision of standards. A specific document assesses the progress of the campaign for the ratification of Conventions on fundamental human rights at work which was launched in March 1995.(5)
10. As regards the Human Resources Development Convention, 1975 (No. 142), the Working Party had recommended that the Director-General undertake a study on the ways and means to increase and develop technical cooperation in the sphere of human resources development and, in particular, prepare a practical guide to facilitate the formulation and application of policies and programmes adapted to national conditions. The competent branch indicated that a study on the major problems and priorities of training policy had been carried out in 12 countries of various regions. Five other countries would be added to those already examined. The results of this study will form the basis of an ILO code of practice. This will be available from the end of 1997 and will be widely distributed in 1998, in particular on the Internet.
11. At the request of the Employer members of the Working Party, consultations had been held within the Office on the possibility of making a special study of the situation of the Paid Educational Leave Convention, 1974 (No. 140). Neither the current programme and budget nor the next programme and budget make provision for the carrying out of such a study. However, the questions concerning education and training systems which seek to establish flexible relations between education, training and work have an effect on the questions covered by Convention No. 140. Convention No. 140 will be taken into account within the framework of the promotional activities on the standards respecting conditions of work.
12. As regards the Conventions which had been shelved and those proposed for possible abrogation, the Office no longer requested States to send in a report to the supervisory bodies. The multidisciplinary teams had also received precise instructions requesting them to discontinue encouraging the ratification of shelved Conventions. Finally, the Office will ensure that the Conventions shelved are clearly identified in publications, research work and the list of ratifications as having been the subject of a decision by the Governing Body to shelve them.
13. When they have considered it appropriate, the supervisory bodies (in particular the Committee of Experts and the Conference Committee on the Application of Standards) have drawn the attention of governments to the more recent instruments which could be the subject of ratification and possibly provide a solution to certain difficulties of application. In its General Survey of 1996, the Committee of Experts thus invited States which have not ratified the Protection of Wages Convention, 1949 (No. 95), to examine the possibility of doing so, along with the ratification of the Protection of Workers' Claims (Employer's Insolvency) Convention, 1992 (No. 173).
14. Appendix I of this document reproduces the information note which was sent out to the various units of the Office, as distributed to the technical branches at headquarters, the regional offices and the multidisciplinary teams. This note has been updated to include reference in particular to the adoption of the constitutional amendment in June 1997. It will continuously be updated at regular intervals to take account of new recommendations adopted by the Working Party. This information note has allowed five groups of Conventions to be identified in respect of which a certain number of specific measures are required by the Organization and the member States.
15. The Conventions are grouped together as follows: Conventions on fundamental human rights at work and priority Conventions (Group I); Conventions which are the subject of proposals for revision (Group II); Promotion of the ratification of revised Conventions, which implies the denunciation of the respective previous Conventions (Group III); Promotion of the ratification of up to date Conventions (Group IV); Shelved Conventions or Conventions which could be the subject of a possible abrogation or withdrawal (Group V).
16. The decisions of the Governing Body were brought to the attention of departments at headquarters, regional offices and multidisciplinary teams. The cooperation of all units and officials concerned, in particular the specialists of the multidisciplinary teams, is indispensable if appropriate effect is to be given to the decisions on the policy regarding the revision of standards. A meeting of specialists on standards from the multidisciplinary teams was held during the Conference. This resulted in a seminar which specifically addressed the questions of the policy regarding the revision of standards and follow-up measures in the field. The objective is therefore to involve the multidisciplinary teams and the regional offices, in accordance with the guidelines on the active partnership policy, in the follow-up to the decisions on the policy to revise standards. In this way, the Office hopes that the recommendations of the Working Party will have their desired impact in the field, both among government officials and employers' and workers' organizations.
17. Within the framework of various workshops and seminars organized by the International Labour Standards Department, participants directly concerned by standard setting were made aware of the need to give effect to the decisions of the Governing Body on the policy regarding the revision of standards. Where possible, the International Training Centre of the ILO in Turin participated in these activities. In December 1996, a follow-up seminar on the dissemination of international labour standards, which specifically focused on the question of revision of standards, was held in Iguaçu in Brazil. It gathered together representatives of governments, employers and workers from some MERCOSUR countries (Argentina, Brazil, Paraguay and Uruguay). Practical arrangements were established concerning the follow-up to the decisions of the Governing Body. Tripartite work was carried out regarding the situation at the national and subregional levels. The experience of such a seminar as that held in Iguaçu may contribute to encouraging coherence between decisions on social policy, which are sometimes taken at the regional level, and ILO standards.
18. Certain initiatives taken by the regional offices and the multidisciplinary teams merit special mention. In collaboration with the multidisciplinary team for Central Europe established in Budapest, and with the cooperation of the Ministry of Labour, a seminar on international labour standards was held at Vilnius (Lithuania) in February 1997. Participants were informed of the decisions on the policy regarding the revision of standards.
19. Within the framework of subregional tripartite seminars on international labour standards which were held during the first part of 1997 in Baku, Bucharest and Santiago de Chile, detailed information on the measures to be taken concerning the policy regarding the revision of standards were or will be communicated to participants.
20. It may also be recalled that the Officers of the Governing Body adopted the joint proposal of the regional office for the Americas and the multidisciplinary team for Central America established in San José for the organization of a tripartite subregional seminar for Central America, Cuba, Panama and the Dominican Republic on ILO standard-setting activities and the policy regarding the revision of international labour standards. The Government of Mexico agreed to host this meeting in its capital in December 1997.
21. Mention may also be made of a seminar on the new economy and the world of work, which gathered together some 60 trade union officials, held in Sao Paulo (Brazil) in May 1997. During this seminar, the opportunities available to workers' organizations to participate in the policy for the revision of standards within the globalized economy were described in detail, on the basis of country documents prepared at headquarters. In October 1997, the policy regarding the revision of standards was also examined at a seminar organized by the Ministry of Labour of Brazil.
22. As regards consultations on the Right of Association (Non-Metropolitan Territories) Convention, 1947 (No. 84), the Office established contact with the authorities of Fiji for confirmation of the ratification of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87). National seminars were organized in Mauritius and the Democratic Republic of the Congo on this same question. The Governments of Fiji and the Democratic Republic of the Congo have subsequently announced that they have initiated the ratification process for Convention No. 87.
23. The Office has established contact with various delegations in order to find out about experience gained in different countries. The Office is convinced of the need to gather information, focusing on the competent national administrations and the bodies responsible for questions relating to standard setting within employers' and workers' organizations, in order to provide it with an overall picture of the situation as regards ratified Conventions and with the results of decisions relating to the revision of standards. Technical documents on a country-by-country basis are under preparation. These documents provide detailed information on Conventions that have been ratified and are in force, the information required on the revision needs of ratified and non-ratified Conventions, the Conventions that States have been invited to ratify, and the Conventions which are considered to be obsolete or which have been revised by more recent Conventions. These analyses often provide an opportunity to reconsider the ratification of Conventions on the basis of more up-to-date objectives and seek to encourage new ratifications of ILO standards and greater participation by constituents in the process of the revision of standards.
II. Follow-up action at the level of the member States
24. A circular letter dated 6 June 1997 was sent to all member States drawing their attention to the revision needs of the Conventions examined by the Working Party. These ad hoc requests for information relate to 16 Conventions. Replies, to include consultations with the social partners, were requested by 31 August 1997 at the latest, so that the Working Party could be provided with the information during the current meeting. These replies are analysed in a separate document.(6)
25. To date (7 October 1997) replies have been received from 40 member States,(7) which is encouraging and should also prompt an even greater number of member States to both communicate their observations on policy regarding the revision of standards and respond to the Governing Body's requests in this area. The replies received reflect widespread support for the policy pursued by the Working Party, and in particular for increasing the quality and applicability of the whole range of ILO standards.
26. While a considerable majority of occupational organizations included their observations in the communications sent by governments, some sent their comments separately. When no explicit reference to the tripartite consultations required for Governing Body decisions was included in the governments' communications, the Office sent the governments concerned a letter inviting them to obtain the opinions of the social partners. The Working Party will certainly wish to stress the fact that tripartite consultations with the social partners should be arranged, as is required for Governing Body decisions on policy regarding the revision of standards.
27. In cases where it was indicated that tripartite consultations had been held and where the detailed comments of employers' and workers' organizations on policy regarding the revision of standards were communicated, there was evidence of wide consensus in favour of the policy regarding the revision of standards.
28. As far as identifying the Conventions in need of revision is concerned, certain clear trends for revision have become apparent -- for more details see the analysis in the relevant document. These trends confirm some of the positions put forward in the Working Party during last March's examination of the revision needs of Conventions Nos. 127, 136 and 27. As regards other instruments, the replies received underscore the relationship between ILO Conventions and certain other international or regional instruments. Some replies linked Convention No. 153 with the European Agreement concerning the carriage of goods by road, Convention No. 94 with the instruments recently adopted on the subject of open markets within the framework of the World Trade Organization, and Convention No. 127 with Directive 90/269/EEC. These are new questions that should be looked at in more depth.
29. Most of the replies received so far assess the ratification prospects of the Conventions on which consultations are being held. The result is relatively positive in that a number of States have made known their wish to ratify certain Conventions.
30. In some cases, ratification has already been approved(8) or is in the process of being discussed by the competent authorities.(9) In others, moves have been made to conduct the necessary studies to pave the way for ratification, in the knowledge that the employers' and workers' organizations have already given their approval. Some of the replies simply indicate that the Conventions are still under examination, without specifying whether there is any particular interest in ratifying them. The multidisciplinary teams will be able to make a valuable contribution to the studies being conducted to make ratification a reality.
31. The existence of obstacles to the ratification of certain Conventions has also been invoked by some States, without them having however expressed the wish to proceed with the revision of those Conventions. In the large majority of these cases, the States cite a disparity between national legislation and practice and the provisions of the Convention, stopping them from envisaging ratification, at least in the short term. The comments made also reveal that some Conventions are outdated and cannot be ratified because the subjects that they cover, or the manner in which they deal with those subjects, are no longer relevant.
32. In some cases, the replies reveal a reticence to ratify in view of the fact that national legislation and practice offer greater protection to workers than that stipulated in ILO Conventions. It should be recalled here that the ILO Constitution provides that in no case shall the ratification of a Convention be deemed to affect any law, award, custom or agreement which ensures more favourable conditions to the workers concerned than those provided for in the Convention or Recommendation (Article 19, paragraph 8).
33. The Office has called the attention of the States concerned to the possibility of denouncing certain obsolete or earlier Conventions, particularly in cases where the instrument may be denounced at any time. Individual communications were also sent to certain member States which are party simultaneously to two Conventions relating to the same subject, a situation which can lead to formal contradictions. The Governments of Chile, Greece and Italy -- as suggested to them by the Office when reminding them that they were party both to the Maternity Protection Convention (Revised), 1952 (No. 103), and the Maternity Protection Convention, 1919 (No. 3) -- indicated that they were going to proceed, in consultation with the social partners, to denounce Convention No. 3 given that there was no reason to keep it in force. Brazil and Uruguay, which have ratified the Migration for Employment Convention (Revised), 1949 (No. 97), proceeded with the denunciation of the Inspection of Emigrants Convention, 1926 (No. 21). Lastly, the Government of Burundi communicated its intention to ratify the 1990 Protocol to the Night Work (Women) Convention (Revised), 1948 (No. 89) and to denounce the Night Work (Women) Convention, 1919 (No. 4). It asked the Office to assist it in carrying out the required formalities.
34. The above clearly demonstrates that the implementation of decisions on the policy regarding the revision of standards depends on the commitment of the government authorities and the social partners to carry out tripartite consultations at the national level, and on their will to take the decisions which will enable the work of the Working Party to lead to concrete results.
35. As evidenced by the decisions taken by the Governing Body, the measures taken in respect of policy regarding the revision of standards must seek to strengthen tripartite consultations in the sphere of international labour standards. In this connection, we would recall the relevant rules established by the Conference. The Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144), and the Tripartite Consultation (Activities of the International Labour Organisation) Recommendation, 1976 (No. 152), make express provision for the need to hold tripartite consultations, at appropriate intervals, in cases such as the re-examination of unratified Conventions.(10)
36. If necessary, the Office can provide technical assistance to help resolve problems that may arise during the examination of Conventions, or can arrange preliminary meetings to provide information and analysis concerning the Governing Body's decisions.
37. The Working Party's recommendations are consistent with the measures adopted at the national level in respect of ILO Conventions. Thus, in Appendix II you will find a table illustrating the ratifications and denunciations that have been registered since the beginning of the Working Party's deliberations, i.e. between November 1995 and September 1997. Appendix II takes up the groups of Conventions established in the information note (Appendix I). Ninety-eight ratifications concern 33 Conventions that have either been examined or about which the Working Party has made recommendations. The up-to-date Conventions for which the Working Party has encouraged ratification have received 19 new ratifications. The promotion of revised Conventions gave rise to 12 ratifications and a number of Conventions for which the Working Party requested information from member States on prospects for ratification received seven new ratifications. Thirty-nine ratifications correspond to fundamental Conventions, ten to priority Conventions and seven to the Minimum Age Convention, 1973 (No. 138). We would recall that the ratifications of Convention No. 138 resulted in the automatic denunciation of earlier Conventions. The denunciations registered, barring one case, either concern Conventions which have been shelved or are the result of the ratification of revised Conventions. It would appear that the current ratification trends correspond to the policy set by the Working Party. The ratifications are essentially consistent with the reform of the ILO standard-setting system currently in progress.
38. The consultation mechanism on the policy regarding the revision of standards aims to avoid complicated procedures by setting reasonable deadlines for replies and by staggering its requests. It is however necessary to sustain a rhythm which enables the Working Party and the LILS Committee to engage in regular exchanges with the relevant government authorities and with workers' and employers' organizations.
39. For the time being, the Office will restrict itself to selecting questions relating to Conventions for which the Working Party has up-to-date information on revision needs and to Conventions which require simple and specific action by certain member States. In view of the replies received so far, we would venture to say that a promising dialogue is now under way on policy regarding the revision of standards. By taking into consideration the Conventions examined and the recommendations made by the Working Party, the Office will be in a position, at the next stage, to send a further communication to member States to promote the ratification of revised and updated Conventions, and to obtain the accompanying denunciation of earlier or obsolete ones. The Working Party will be regularly informed of progress made during consultations and of results obtained. The Office suggests that a detailed document be presented to the Working Party during its November 1998 meeting.
40. The Working Party on Policy regarding the Revision of Standards is invited to take note of the information contained in this document and to examine the possibility of inviting the Committee on Legal Issues and International Labour Standards to request the Governing Body:
a. to invite the Office to continue to request the information required for Governing Body decisions in respect of policy regarding the revision of standards, and to take steps to promote the ratification of revised or updated Conventions and the denunciation of earlier or obsolete ones;
b. to remind member States of the importance of the implementation of follow-up measures at the national level, namely by providing detailed replies to requests for information sent by the Office, in order to contribute to the future work of the Organization in respect of policy regarding the revision of standards;
c. to invite the Office, in its communications with the competent authorities and the employers' and workers' organizations, to recall the primordial importance of tripartite consultation in order to ensure the success of the policy regarding the revision of standards;
d. to invite the Office to prepare a detailed document on the follow-up measures for decisions relating to the policy regarding the revision of standards for its November 1998 meeting.
Geneva, 22 October 1997.
Point for decision: Paragraph 40.
1. Document GB.268/LILS/WP/PRS/2.
2. Documents GB.265/8/2, para. 24(e) and GB.265/205, para. 29(e).
3. Document C.APP/D.4, the updated version of which is reproduced in Annex I of this document.
4. Documents GB.268/3 and GB.270/2.
5. Document GB.270/... [on the campaign for the ratification of fundamental Conventions].
6. Document GB.270/LILS/WP/PRS/3.
8. This is the case for Convention No. 152 in Italy and Convention No. 156 in Belgium.
9. This is the case for Convention No. 140 in Chile and Convention No. 156 in El Salvador.
10. The five cases listed in Article 5, paragraph 1, of Convention No. 144 are the following:
(a) government replies to questionnaires and government comments on proposed new instruments to be discussed by the Conference;
(b) the proposals to be made to the competent authorities in connection with the obligation to submit Conventions and Recommendations;
(c) the re-examination of unratified Conventions and of Recommendations to which effect has not been given;
(d) questions arising out of reports to be made to the Office under Article 22;
(e) the denunciation of Conventions.
In accordance with Recommendation No. 152, consultations should also be undertaken in relation to questions concerning the reports to be made under Article 19 (on the presentation of instruments to the competent authorities and on unratified Conventions and Recommendations) and, taking national practice into account, on the legislative aspects relating to the application of Conventions (in particular ratified Conventions) and Recommendations.
Policy regarding the revision of standards:
Follow-up measures pursuant to Governing Body decisions
Information note for all Office units
Contents
I. Conventions on basic human rights at work and priority Conventions
III. Promotion of the ratification of revised Conventions
IV. Promotion of the ratification of up-to-date Conventions
V. Shelving, abrogation or possible withdrawal of Conventions
1. At its 262nd Session (March-April 1995), the Governing Body approved the setting-up of a Working Party on Policy regarding the Revision of Standards.(1) This decision was taken following the discussions on standard-setting policy at the International Labour Conference in 1994. The Working Party has held four meetings (in November 1995, March and November 1996 and March 1997). It has formulated a significant number of recommendations that have been unanimously approved by the Committee on Legal Issues and International Labour Standards (LILS Committee) and the Governing Body. This note reviews the decisions taken thus far by the Governing Body, in order to inform the technical and regional departments, the external offices and the multidisciplinary teams, and to guide them in the follow-up measures that the Governing Body decisions require.
2. The Working Party has conducted individual examinations of 101 Conventions. Decisions have been taken by the Governing Body for 99 of these Conventions.(2) The Conventions thus examined have been arranged into five groups for which the Governing Body recommends a range of actions, to be taken either by the Office or by member States.
I. Conventions on basic human rights at work and priority Conventions
3. In November 1995, the Governing Body confirmed the central role of ten Conventions within the standards system. It considered that these Conventions remain fully relevant and up to date, and that there was no reason to contemplate their revision.
(a) Six Conventions on basic human rights, in three areas:
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Freedom of association |
Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87)
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Forced labour |
Forced Labour Convention, l930 (No. 29)
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Non-discrimination |
Equal Remuneration Convention, 1951 (No. 100)
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In the course of the examination of the Right of Association (Agriculture) Convention, 1921 (No. 11), the Governing Body invited member States to ratify Convention No. 87 on a priority basis.
4. The Governing Body decision strengthens the essential role and function of these Conventions, as recognized by the Social Summit in Copenhagen. A ratification campaign is under way, aimed at universal ratification of these Conventions by the year 2000. The Working Party has indicated that the prohibition of child labour forms part of basic human rights, but it has taken no decision on the Minimum Age Convention, 1973 (No. 138), pending the outcome of the Conference discussions in 1998 and 1999 on this issue.
(b) Four priority Conventions, in three areas:
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Employment policy |
Employment Policy Convention, 1964 (No. 122) |
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Labour inspection |
Labour Inspection Convention, 1947 (No. 81)
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Tripartite consultation |
Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) |
5. The decision regarding these ten Conventions follows the decision of the Governing Body in 1993(3) that reports on the application of these Conventions be requested every two years for examination by the regular supervisory bodies of the ILO.
A. Decisions to revise
6. Proposals for revision have been approved by the Governing Body with respect to seven Conventions.
(a) Five proposals are final:
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Maternity protection |
Maternity Protection Convention, l9l9 (No. 3)
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Night work of children and young persons |
Night Work of Young Persons (Industry) Convention, 1919 (No. 6)
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The question of a revision of the instruments on maternity protection is already on the agenda of the Conference for 1999. The Working Party recommended that Convention No. 3 be taken into consideration in this context.
(b) Two proposals are conditional:
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Hours of work |
Sheet-Glass Works Convention, 1934 (No. 43)
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The Working Party recommended that these two Conventions be included among the Conventions that might be revised should the Working Party recommend a revision of other Conventions dealing with hours of work and working conditions of shift workers.
B. Requests for additional information
7. In the case of 23 Conventions, the Governing Body decided that additional information should be requested from the constituents in order to be able to evaluate the need for revision of these instruments more precisely.
8. General Surveys. Concerning seven Conventions, the Governing Body decided to invite the member States to provide reports under article 19 of the Constitution and to ask the Committee of Experts to carry out a General Survey based on such reports:
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Migrant workers |
Migration for Employment Convention (Revised), 1949 (No. 97)
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General Survey
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Hours of work |
Hours of Work (Industry) Convention, l9l9 (No. 1)
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General Survey
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Night work of women |
Night Work (Women) Convention, l9l9 (No. 4)
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General Survey
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9. Requests for ad hoc information. As regards 16 Conventions, the Governing Body decided to request information directly from the member States.
(a) In the case of three Conventions, the Governing Body invited member States to inform the Office of the need for a full or partial revision and, if appropriate, the form that such revision might take.(4)
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Occupational safety and health |
Marking of Weight (Packages Transported by Vessels) Convention, 1929 (No. 27)
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(b) In the case of 13 other Conventions, the Governing Body invited the member States, which have not already ratified these Conventions, to examine the possibility to do so, and to inform the Office of the obstacles and difficulties encountered, if any, that might prevent or delay the ratification or which might point to the need for full or partial revision.
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Equality of opportunity and treatment |
Workers with Family Responsibilities Convention, 1981 (No. 156) |
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Employment security |
Termination of Employment Convention, 1982 (No. 158) |
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Wages |
Labour Clauses (Public Contracts) Convention, 1949 (No. 94)
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Hours of work |
Hours of Work and Rest Periods (Road Transport) Convention, 1979 (No. 153) |
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Paid leave |
Holidays with Pay Convention, 1970 (No. 132)
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Occupational safety and health |
White Lead (Painting) Convention, 1921 (No. 13)(6)
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Social security |
Invalidity, Old-Age and Survivors' Benefits Convention, 1967 (No. 128)
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C. Status quo
10. Regarding the following six Conventions, the Governing Body decided to opt for the status quo, considering that at present neither revision nor the promotion of ratification could be recommended.
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Employment policy |
Unemployment Convention, 1919 (No. 2) |
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Employment services |
Employment Service Convention, 1948 (No. 88) |
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Social policy |
Social Policy (Basic Aims and Standards) Convention, 1962 (No. 117) |
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Wages |
Minimum Wage-Fixing Machinery Convention, 1928 (No. 26)
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Hours of work |
Forty-Hour Week Convention, 1935 (No. 47) |
D. Particular cases
11. In the case of four Conventions relating to workers in non-metropolitan territories, the Governing Body asked the Office to engage in consultations with the governments concerned.(7) These Conventions will be re-examined by the Working Party at a later stage, taking into account the outcome of these consultations.
III. Promotion of the ratification of revised Conventions
12. The Governing Body considered that 27 Conventions out of the 101 examined were no longer up to date. It decided to invite the States party to these Conventions to contemplate ratifying the recent Convention and denouncing, at the same time, the corresponding previous Convention. This invitation is accompanied by a request for information on the obstacles and difficulties encountered, if any, that might prevent delay of the ratification of the recent instruments.
13. The main concern of the Working Party has been to avoid a member State deciding on an immediate denunciation of a Convention while postponing, until an uncertain later date, the ratification of the corresponding recent Convention. In this regard, during the discussions in the Working Party, both the Employer and the Worker members stressed that these two measures (ratification and denunciation) together constituted balanced action that should not be disrupted and that they should be taken concurrently.(8)
14. The Governing Body also emphasized that the implementation of these decisions implied that member States would engage in tripartite consultations, particularly taking into account the procedures provided for in the framework of the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144), and the Tripartite Consultation (Activities of the International Labour Organization) Recommendation, 1976 (No. 152).
15. Revising Conventions have not always been well ratified, leaving in force revised Conventions normally closed to ratification. The Working Party made proposals aimed at reactivating ratification of these revised Conventions and the denunciation, at the same time, of the initial Conventions. The Governing Body has decided accordingly in the case of the following 19 Conventions:
|
Subject-matter |
Conventions proposed for ratification |
Conventions proposed for denunciation |
|
| ||
|
Hours of work |
Hours of Work and Rest Periods (Road Transport) Convention, 1979 (No. 153) |
Hours of Work and Rest Periods (Road Transport) Convention, 1939 (No. 67) |
|
Paid leave |
Holidays with Pay Convention (Revised), l970 (No. 132) |
Holidays with Pay Convention, 1936 (No. 52) and
|
|
Social security |
Medical Care and Sickness Benefits Convention, 1969 (No. 130) |
Sickness Insurance (Industry) Convention, 1927 (No. 24
|
|
Invalidity, Old-Age and Survivors' Benefits Convention, 1967 (No. 128) |
Old-Age Insurance (Industry, etc.) Convention, 1933 (No. 35)
| |
|
Employment Promotion and Protection against Unemployment Convention, 1988 (No. 168) |
Unemployment Provision Convention, 1934 (No. 44) | |
|
Maintenance of Social Security Rights Convention, 1982 (No. 157) |
Maintenance of Migrants' Pension Rights Convention, 1935 (No. 48) | |
|
Occupational safety and health |
Occupational Safety and Health (Dock Work) Convention, 1979 (No. 152) |
Protection against Accidents (Dockers) Convention, 1929 (No. 28) and Protection against Accidents (Dockers) Convention (Revised), 1932 (No. 32) |
|
Safety and Health in Construction Convention, 1988 (No. 167) |
Safety Provisions (Building) Convention, 1937 (No. 62) | |
|
Employment of women |
Night Work (Women) Convention (Revised), 1948 [and Protocol, 1990] (No. 89) or
|
Night Work (Women) Convention, l9l9 (No. 4), and/or
|
|
Minimum age |
Minimum Age Convention, 1973 (No. 138) |
Minimum Age (Non-Industrial Employment) Convention (Revised), 1937 (No. 60) |
16. In eight other cases, although the previous Convention is not formally revised, the Governing Body decided, as regards the parties to such Conventions, to promote ratification of the recent corresponding Convention and denunciation, at the same time, of the earlier one.
|
Subject- matter |
Conventions proposed for ratification |
Conventions proposed for denunciation |
|
| ||
|
Night work |
Night Work Convention, 1990 (No. 171) |
Night Work (Bakeries) Convention, 1925 (No. 20) |
|
Employment of women |
Safety and Health in Mines Convention, 1995 (No. 176) |
Underground Work (Women) Convention, l935 (No. 45)(9) |
|
Migrant workers |
Migration for Employment Convention (Revised), 1949 (No. 97) |
Inspection of Emigrants Convention, 1926 (No. 21) |
|
Indigenous workers |
Indigenous and Tribal Peoples Convention, 1989 (No. 169) and/or
|
Recruiting of Indigenous Workers Convention, 1936 (No. 50)
|
|
Indigenous and Tribal Peoples Convention, 1989 (No. 169) |
Penal Sanctions (Indigenous Workers) Convention, 1939 (No. 65)
| |
IV. Promotion of the ratification of up-to-date Conventions
17. In the case of the following 15 Conventions, the Governing Body considered that ratification should be encouraged either because they are recent Conventions or because it considered that they continue to respond to current needs.
18. With respect to seven Conventions, the Governing Body invited the member States to contemplate ratification:
|
Employment |
Human Resources Development Convention, 1975 (No. 142) |
|
Labour administration |
Labour Administration Convention, 1978 (No. 150)
|
|
Weekly rest |
Weekly Rest (Industry) Convention, 1921 (No. 14)
|
|
Occupational safety and health |
Hygiene (Commerce and Offices) Convention, 1964 (No. 120) |
|
Plantations |
Plantations Convention, 1958 [and Protocol, 1982] (No. 110) |
19. As concerns eight other Conventions, the invitation to the member States to contemplate ratification of the Convention is accompanied by a request for information on the obstacles and difficulties encountered, if any, with regard to ratification.
|
Freedom of association |
Workers' Representatives Convention, 1971 (No. 135)
|
|
Industrial relations |
Collective Bargaining Convention, 1981 (No. 154) |
|
Wages |
Minimum Wage Fixing Convention, 1970 (No. 131) |
|
Occupational safety and health |
Radiation Protection Convention, 1960 (No. 115)
|
V. Shelving, abrogation or possible withdrawal of Conventions
A. Decisions to shelve
20. The Governing Body considered that certain Conventions no longer correspond to current needs and have become outmoded or obsolete. It accordingly decided to shelve, with immediate effect, the 25 following Conventions:
|
Employment service |
Fee-Charging Employment Agencies Convention, 1933 (No. 34) |
|
Hours of work |
Hours of Work (Coal Mines) Convention, 1931 (No. 31)
|
|
Night work |
Night Work (Bakeries) Convention, 1925 (No. 20) |
|
Occupational safety and health |
Protection against Accidents (Dockers) Convention, 1929 (No. 28) |
|
Social security |
Old-Age Insurance (Industry, etc.) Convention, 1933 (No. 35)
|
|
Minimum age |
Minimum Age (Non-Industrial Employment) Convention (Revised), 1937 (No. 60) |
|
Migrant workers |
Inspection of Emigrants Convention, 1926 (No. 21)
|
|
Indigenous workers |
Recruiting of Indigenous Workers Convention, 1936 (No. 50)
|
21. In the context of the ratification of revising or recent Conventions, the Governing Body has invited member States to contemplate denouncing most of the above shelved Conventions. This is however not the case for three Conventions: Conventions Nos. 43 and 49, which the Governing Body proposed for revision (see above, paragraph 5) and Convention No. 34 (revised by Convention No. 96), for which the Governing Body wished to await the outcome of the work at the Conference in 1997 aiming at the adoption of a new revised Convention on fee-charging employment agencies. Furthermore, the Conventions dealt with in paragraphs 15 and 16 above have not all been shelved: the Governing Body considered that Conventions Nos. 24, 25 and 44 (social security), Nos. 4, 41 and 45 (employment of women) and No. 101 (paid leave) retain their value on an interim basis for States party.
22. Ratification of shelved Conventions is no longer encouraged and their publication in Office documents, studies and research papers is to be discontinued. Shelving also means that detailed reports on the application of these Conventions are no longer requested. However, it leaves intact the right to invoke provisions relating to representations and complaints in articles 24 and 26 of the Constitution. Nor does it affect employers' and workers' organizations rights to continue to make comments in accordance with the regular supervisory procedures, and the Committee of Experts' review of such comments, with request for detailed reports under article 22 of the Constitution if appropriate. Shelving has no impact on the status of these Conventions in the legal systems of the member States that have ratified them.
B. Deferred shelving
23. The Governing Body further decided to postpone the shelving of five Conventions concerning which it considered that additional information was necessary. With regard to Conventions Nos. 24, 25 and 44 (social security), the States party are invited to inform the Office of possible difficulties inherent in the Convention, legislation or national practice that could impede or delay ratification of the more recent Conventions, namely the Medical Care and Sickness Benefits Convention, 1969 (No. 130), and the Employment Promotion and Protection against Unemployment Convention, 1988 (No. 168). The decision regarding shelving of two Conventions relating to workers in non-metropolitan territories (Conventions Nos. 82 and 83) will be re-examined in the light of consultations to be held with the member States concerned.
C. Prospects for the abrogation or withdrawal of Conventions
24. During its 85th Session in June 1997, the Conference adopted the draft constitutional amendment on the abrogation and withdrawal of Conventions. This amendment involves inserting a new paragraph (No. 9) into article 19 to confer on the Conference the power to abrogate, by a majority of two-thirds of the votes cast by the delegates present, any Convention if it appears to have lost its purpose or if it no longer makes a useful contribution to attaining the objectives of the Organization. Before placing a proposed abrogation on the agenda of the Conference, the Governing Body shall decide by consensus during a preliminary phase or, failing that, by a four-fifths majority of its Members. Pursuant to article 36 of the Constitution, the amendment shall take effect when ratified by two-thirds of the Members of the Organization, including five of the ten Members which are represented on the Governing Body as Members of chief industrial importance.
25. The Governing Body retained eight shelved Conventions as candidates for a possible abrogation:(10)
- Hours of work: Conventions Nos. 31, 46, 51, 61 and 67
- Occupational safety and health: Convention No. 28
- Minimum age: Convention No. 60
- Migrant workers: Convention No. 66
* * *
26. The Director-General would expect the full cooperation of all units and officials concerned, and in particular specialists in multidisciplinary teams, following up the decisions taken by the Governing Body, which are of crucial importance to the credibility and efficiency of the standards system of the Organization.
Ratifications registered between 1 November 1995 and 30 September 1997
|
Conventions |
Country |
Date of ratification |
|
| ||
|
Conventions on fundamental human rights at work and priority Conventions | ||
|
Forced Labour Convention, 1930 (No. 29) |
Estonia
|
07.02.1996
|
|
Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) |
South Africa
|
19.02.1996
|
|
Right to Organise and Collective Bargaining Convention, 1949 (No. 98) |
South Africa
|
19.02.1996
|
|
Equal Remuneration Convention, 1951 (No. 100) |
Estonia
|
10.05.1996
|
|
Abolition of Forced Labour Convention, 1957 (No. 105) |
Estonia
|
07.02.1996
|
|
Discrimination (Employment and Occupation) Convention, 1958 (No. 111) |
Moldova, Republic of
|
12.08.1996
|
|
Minimum Age Convention, 1973 (No. 138) |
El Salvador
|
23.01.1996
|
|
Labour Inspection Convention, 1947 (No. 81) |
Moldova, Republic of |
12.08.1996 |
|
Employment Policy Convention, 1964 (No. 122) |
Moldova, Republic of
|
12.08.1996
|
|
Labour Inspection (Agriculture) Convention, 1969 (No. 129) |
Belgium |
08.09.1997 |
|
Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) |
Moldova, Republic of
|
12.08.1996
|
|
Invitation to ratify and to provide information on revision needs | ||
|
Labour Clauses (Public Contracts) Convention, 1949 (No. 94) |
Norway |
12.02.1996 |
|
Protection of Wages Convention, 1949 (No. 95) |
Moldova, Republic of
|
12.08.1996
|
|
Holidays with Pay Convention (Revised), 1970 (No. 132) |
Czech Republic |
23.08.1996 |
|
Termination of Employment Convention, 1982 (No. 158) |
Portugal
|
27.11.1995
|
|
Status quo | ||
|
Employment Service Convention, 1948 (No. 88) |
Moldova, Republic of |
12.08.1996 |
|
Social Policy (Basic Aims and Standards) Convention, 1962 (No. 117) |
Moldova, Republic of |
12.08.1996 |
|
Revision proposals |
|
|
|
Fee-Charging Employment Agencies Convention (Revised), 1949 (No. 96) |
Argentina |
10.09.1996 |
|
Maternity Protection Convention (Revised), 1952 (No. 103) |
Moldova, Republic of |
14.02.1997 |
|
Promotion of the ratification of revised Conventions | ||
|
Safety and Health in Construction Convention, 1988 (No. 167) |
Finland |
23.01.1997 |
|
Indigenous and Tribal Peoples Convention, 1989 (No. 169) |
Denmark
|
22.02.1996
|
|
Night Work Convention, 1990 (No. 171) |
Portugal
|
27.11.1995
|
|
Protection of Workers' Claims (Employer's Insolvency) Convention, 1992 (No. 173) |
Austria
|
20.12.1996
|
|
Safety and Health in Mines Convention, 1995 (No. 176) |
Spain
|
22.05.1997
|
|
Promotion of the ratification of updated Conventions | ||
|
Workers' Representatives Convention, 1971 (No. 135) |
Cyprus
|
03.01.1996
|
|
Occupational Cancer Convention, 1974 (No. 139) |
Belgium |
11.10.1996 |
|
Rural Workers' Organisations Convention, 1975 (No. 141) |
Burkina Faso |
25.08.1997 |
|
Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148) |
Guatemala
|
22.02.1996
|
|
Labour Administration Convention, 1978 (No. 150) |
Namibia |
28.06.1996 |
|
Labour Relations (Public Service) Convention, 1978 (No. 151) |
Greece
|
29.07.1996
|
|
Collective Bargaining Convention, 1981 (No. 154) |
Suriname
|
05.06.1996
|
|
Occupational Safety and Health Convention, 1981 (No. 155) |
Kazakstan |
30.07.1996 |
|
Vocational Rehabilitation and Employment (Disabled Persons) Convention, 1983 (No. 159) |
Cuba
|
03.10.1996
|
|
Maritime Conventions and Conventions that are not examined by the Working Party | ||
|
Food and Catering (Ships' Crews) Convention, 1946 (No. 68) |
Equatorial Guinea |
23.04.1996 |
|
Accommodation of Crews Convention (Revised), 1949 (No. 92) |
Equatorial Guinea |
23.04.1996 |
|
Seafarers' Identity Documents Convention, 1958 (No. 108) |
Sri Lanka
|
24.11.1995
|
|
Prevention of Accidents (Seafarers) Convention, 1970 (No. 134) |
Brazil |
25.07.1996 |
|
Merchant Shipping (Minimum Standards) Convention, 1976 (No. 147) |
Croatia
|
19.07.1996
|
|
Labour Statistics Convention, 1985 (No. 160) |
Canada
|
11.11.1995
|
|
Occupational Health Services Convention, 1985 (No. 161) |
Burkina Faso |
25.08.1997 |
|
Asbestos Convention, 1986 (No. 162) |
Belgium |
11.10.1996 |
|
Seafarers' Welfare Convention, 1987 (No. 163) |
Brazil |
04.03.1997 |
|
Health Protection and Medical Care (Seafarers) Convention, 1987 (No. 164) |
Brazil |
04.03.1997 |
|
Repatriation of Seafarers Convention (Revised), 1987 (No. 166) |
Guyana
|
10.06.1996
|
|
Chemicals Convention, 1990 (No. 170) |
Brazil
|
23.12.1996
|
|
Working Conditions (Hotels and Restaurants) Convention, 1991 (No. 172) |
Guyana
|
20.08.1996
|
|
Prevention of Major Industrial Accidents Convention, 1993 (No. 174) |
Armenia
|
03.01.1996
|
|
Part-Time Work Convention, 1994 (No. 175) |
Mauritius
|
14.06.1996
|
Denunciations registered between 1 November 1995
and 30 September 1997
|
Conventions |
|
Country |
|
Date of registration of the denunciation |
|
| ||||
|
Denunciations of Conventions that have been shelved or revised | ||||
|
Night Work (Women) Convention, 1919 (No. 4) |
|
Peru |
|
05.02.1997 |
|
Minimum Age (Industry) Convention, 1919 (No. 5) |
|
Argentina
|
|
11.11.1996
|
|
Minimum Age (Sea) Convention, 1920 (No. 7) |
|
Argentina
|
|
11.11.1996
|
|
Minimum Age (Agriculture) Convention, 1921 (No. 10) |
|
Argentina |
|
11.11.1996 |
|
Minimum Age (Trimmers and Stokers) Convention, 1921 (No. 15) |
|
Argentina
|
|
11.11.1996
|
|
Night Work (Bakeries) Convention, 1925 (No. 20) |
|
Peru |
|
18.06.1996 |
|
Minimum Age (Non-Industrial Employment) Convention, 1932 (No. 33) |
|
Argentina |
|
11.11.1996 |
|
Fee-Charging Employment Agencies Convention, 1933 (No. 34) |
|
Argentina |
|
19.09.1996 |
|
Night Work (Women) Convention (Revised), 1934 (No. 41) |
|
Peru |
|
13.01.1997 |
|
Underground Work (Women) Convention, 1935 (No. 45) |
|
Chile
|
|
30.05.1997
|
|
Holidays with Pay Convention, 1936 (No. 52) |
|
Czech Republic |
|
23.08.1996 |
|
Safety Provisions (Building) Convention, 1937 (No. 62) |
|
Finland |
|
23.01.1997 |
|
Convention concerning Statistics of Wages and Hours of Work, 1938 (No. 63) |
|
Canada
|
|
22.11.1995
|
|
Denunciations of other Conventions | ||||
|
Termination of Employment Convention, 1982 (No. 158) |
|
Brazil |
|
20.11.1996 |
1. The mandate of the Working Party is appended to GB.267/LILS/WP/PRS/2.
4. Including the possible adoption of Protocols as regards Conventions Nos. 27 and 136.
6. The member States have not been invited to contemplate ratifying Convention No. 13.
- In the case of the Labour Standards (Non-Metropolitan Territories) Convention, 1947 (No. 83), it is a question of examining in what way the Conventions listed in the annex to Convention No. 83 could continue to be applied in the non-metropolitan territories concerned.
- The member States that have made a formal commitment to apply the provisions of the Right of Association (Non-Metropolitan Territories) Convention, 1947 (No. 84), are invited to contemplate ratifying the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and/or, as appropriate, the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).
- The five States party to the Labour Inspectorates (Non-Metropolitan Territories) Convention, 1947 (No. 85), are invited to contemplate extending the application of the Labour Inspection Convention, 1947 (No. 81), and/or of the Labour Inspection (Agriculture) Convention, 1969 (No. 129), to non-metropolitan territories that continue to be governed by the provisions of Convention No. 85.
8. The technical modalities for denunciation vary from one instrument to the other. Conventions incorporating standard final provisions state that ratification of the new revising Convention shall ipso jure involve the immediate denunciation of the Convention being revised. Where the Conference has decided otherwise, however, and for Conventions adopted before 1929 that did not contain this provision, denunciation is not automatic. Furthermore, technically the registration of a denunciation can only be made during a given period of time. However, the Governing Body wished to stress the political decision to be taken by the governments in consultation with the social partners, and not the technical modalities that vary considerably according to the Convention.
9. The Governing Body invited the States party to Convention No. 45 to contemplate ratifying Convention No. 176 and possibly denouncing Convention No. 45.
10. Before the meaning of this term had been clarified in GB.267/LILS/WP/PRS/1.