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GB.274/2(Add.1)
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SECOND ITEM ON THE AGENDA
Follow-up action on the ILO Declaration on
Fundamental Principles and Rights at Work
and its Follow-up
Appendix
Amended draft report forms
A. Freedom of association and the effective recognition
of the right to collective bargaining
Introduction
The ILO Declaration on Fundamental Principles and Rights at Work and its Follow-up, which was adopted by the International Labour Conference at its 86th Session on 18 June 1998, recalls that all Members, even if they have not ratified the Conventions regarded as fundamental, have an obligation arising from the very fact of their membership in the Organization to respect, to promote and to realize in good faith and in accordance with the Constitution, the principles concerning the fundamental rights which are the subject of those Conventions.
In order to give the Organization and its Members the opportunity of regularly observing their efforts to promote those principles, the Declaration has a promotional follow-up, one component of which sets out to obtain, through annual reports requested under article 19, paragraph 5(e), of the Constitution, information from Members that have not ratified one or more of the fundamental Conventions on any changes to their legislation and practice with regard to each of the categories of principles and rights set out in the Declaration.
This report form, which has been approved by the Governing Body of the International Labour Office for use by States that have not ratified both the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), forms part of this component of the follow-up on the Declaration and concerns the following:
Freedom of association and the effective recognition
of the right to collective bargaining
To be completed with regard to aspects of the principle covered by the Convention or Conventions(1) to which your State is not a party.
I. With regard to the means of assessing the situation in the country as it relates to freedom of association and the effective recognition of the right to collective bargaining, please indicate (where applicable with copies of the relevant text):
(1) Assessment of the institutional context:
(a) whether the principle of freedom of association and the effective recognition of the right to collective bargaining is recognized in your country;
(b) the manner in which it is recognized (in the Constitution, laws, regulations, by virtue of a ratified international instrument, or in some other way);
(c) to what extent or within what limits:
(i) are any category of employers or workers denied the right to organize (at all levels -- enterprise, sector, national or international), either explicitly or because they are not covered by the legislation?
(ii) is prior authorization necessary to establish employers' or workers' organizations?
(iii) can the Government intervene in the functioning of an employers' or workers' organization, and if so, and under what circumstances?
(iv) are any category of employers or workers excluded from any systems/procedures that might exist to ensure the effective recognition of the right to collective bargaining?
(v) does the legislation provide for the authorization of collective agreements by the Government and, if so, under what circumstances?
(d) the means of implementing the principle (administrative, material, legal).
(2) Assessment of the factual situation:
(a) any indicators or statistics that are available or might be envisaged as a means of assessing the situation;
(b) the data and trends resulting from the indicators or statistics currently available;
(c) any other information that might allow a better assessment of the situation in the country (structural, economic, demographic or training and education factors, etc.).
II. With regard to the efforts made or envisaged to ensure respect, promotion and realization of these principles and rights, please indicate:
(a) the measures taken to promote freedom of association and the effective recognition of the right to collective bargaining;
(b) the means deployed to promote freedom of association and the effective recognition of the right to collective bargaining by:
(i) your Government;
(ii) the Organization;
(iii) other bodies (please specify which);
(c) the objectives of your Government with a view to the observance, promotion or realization of these principles and rights;
(d) the conditions deemed necessary to meet these objectives, including technical cooperation resources that might help to achieve them (for example, the recognition of the principle in the country's legal system; the development of relevant indicators or statistics; the promotion of the principle in practice).
III. Please indicate which representative employers' and workers' organizations have been sent a copy of this report.
IV. Please indicate whether your Government has received from these employers' and workers' organizations any observations on the follow-up measures that have been taken or need to be taken on the Declaration with regard to freedom of association and the effective recognition of the right to collective bargaining.
B. The elimination of all forms of forced
or compulsory labour
Introduction
The ILO Declaration on Fundamental Principles and Rights at Work and its Follow-up, which was adopted by the International Labour Conference at its 86th Session on 18 June 1998, recalls that all Members, even if they have not ratified the Conventions regarded as fundamental, have an obligation arising from the very fact of their membership in the Organization to respect, to promote and to realize, in good faith and in accordance with the Constitution, the principles concerning the fundamental rights which are the subject of those Conventions.
In order to give the Organization and its Members the opportunity of regularly observing their efforts to promote those principles, the Declaration has a promotional follow-up, one component of which sets out to obtain, through annual reports requested under article 19, paragraph 5(e), of the Constitution, information from Members that have not ratified one or more of the fundamental Conventions on any changes to their legislation and practice with regard to each of the categories of principles and rights set out in the Declaration.
This report form, which has been approved by the Governing Body of the International Labour Office for use by States that have not ratified both the Forced Labour Convention, 1930 (No. 29), and the Abolition of Forced Labour Convention, 1957 (No. 105), forms part of this component of the follow-up on the Declaration and concerns the following:
The elimination of all forms of forced
or compulsory labour
To be completed with regard to aspects of the principle covered by the Convention or Conventions(1) to which your State is not a party.
I. With regard to the means of assessing the situation in the country as it relates to the elimination of all forms of forced or compulsory labour, please indicate (where applicable with copies of the relevant text):
(1) Assessment of the institutional context:
(a) whether the principle of the elimination of all forms of forced or compulsory labour is recognized in your country;
(b) the manner in which it is recognized (in the Constitution, laws, regulations, by virtue of a ratified international instrument, or in some other way);
(c) to what extent or within what limits:
(i) is forced or compulsory labour defined?
(ii) are persons or categories of persons excluded from the implementation of the principle and right relating to the elimination of all forms of forced or compulsory labour, either explicitly or because they are not covered by the relevant legislation on the subject?
(iii) are categories of jobs or work or are sectors excluded or omitted from legislation regarding this principle?
(d) the means of implementing the principle (administrative, material, legal); for example, the existence of an administrative ban or penal sanctions, the attribution of responsibilities to the labour inspectorate, police or tribunals for taking action against forced labour.
(2) Assessment of the factual situation:
(a) any indicators or statistics that are available or might be envisaged as a means of assessing the situation;
(b) the data and trends resulting from the indicators or statistics currently available;
(c) any other information that might allow a better assessment of the situation in the country (structural, economic, demographic or training and education factors, etc.).
II. With regard to the efforts made or envisaged to ensure respect, promotion and realization of these principles and rights, please indicate:
(a) the measures taken to promote the elimination of all forms of forced or compulsory labour;
(b) the means deployed to promote the elimination of all forms of forced or compulsory labour by:
(i) your Government;
(ii) the Organization;
(iii) other bodies (please specify which);
(c) the objectives of your Government with a view to the observance, promotion or realization of these principles and rights;
(d) the conditions deemed necessary to meet these objectives, including technical cooperation resources that might help to achieve them (for example, the recognition of the principle in the country's legal system; the development of relevant indicators or statistics; the promotion of the principle in practice).
III. Please indicate which representative employers' and workers' organizations have been sent a copy of this report.
IV. Please indicate whether your Government has received from these employers' and workers' organizations any observations on the follow-up measures that have been taken or need to be taken on the Declaration with regard to the elimination of forced or compulsory labour.
C. The effective abolition of child labour
Introduction
The ILO Declaration on Fundamental Principles and Rights at Work and its Follow-up, which was adopted by the International Labour Conference at its 86th Session on 18 June 1998, recalls that all Members, even if they have not ratified the Conventions regarded as fundamental, have an obligation arising from the very fact of their membership in the Organization to respect, to promote and to realize in good faith and in accordance with the Constitution, the principles concerning the fundamental rights which are the subject of those Conventions.
In order to give the Organization and its Members the opportunity of regularly observing their efforts to promote those principles, the Declaration has a promotional follow-up, one component of which sets out to obtain, through annual reports requested under article 19, paragraph 5(e), of the Constitution, information from Members that have not ratified one or more of the fundamental Conventions on any changes to their legislation and practice with regard to each of the categories of principles and rights set out in the Declaration.
This report form, which has been approved by the Governing Body of the International Labour Office for use by States that have not ratified the Minimum Age Convention, 1973 (No. 138), forms part of this component to the follow-up on the Declaration and concerns the following:
The effective abolition of child labour
To be completed with regard to aspects of the principle covered by the Convention(1) to which your State is not a party.
I. With regard to the means of assessing the situation in the country as it relates to the effective abolition of child labour, please indicate (where applicable with copies of the relevant text):
(1) Assessment of the institutional context:
(a) whether the principle of the effective abolition of child labour is recognized in your country;
(b) the manner in which it is recognized (in the Constitution, laws, regulations, by virtue of a ratified international instrument, or in some other way);
(c) to what extent or within what limits:
(i) is child labour defined (minimum age for admission to employment or to work; relationship between this minimum age and the end of compulsory schooling)?
(ii) is the age limit for engaging in dangerous work higher than that indicated above? If such is the case, what is that age, what is the definition of dangerous work or works, and does a list exist of work that is considered dangerous?
(iii) are any categories of jobs or work, economic sectors or types of enterprise excluded from the implementation of the principle and right relating to the effective abolition of child labour, either explicitly or because they are not included in the relevant legislation?
(iv) are there other exceptions to the the implementation of the principle and right relating to the effective abolition of on child labour -- for example, as regards light work?
(d) the means of implementing the principle (administrative, material, legal); for example, labour inspection, penal or other sanctions; any bodies or machinery specifically concerned with the problem of child labour, etc.
(2) Assessment of the factual situation:
(a) any indicators or statistics that are available or might be envisaged as a means of assessing the situation;
(b) the data and trends resulting from the indicators or statistics currently available;
(c) any other information that might allow a better assessment of the situation in the country (structural, economic, demographic or training and education factors, etc.).
II. With regard to the efforts made or envisaged to ensure respect, promotion and realization of the effective abolition of child labour, please indicate:
(a) any measures taken to abolish child labour effectively (for example, removal and rehabilitation of children employed in work prohibited by law; preventive, protective and social security measures for the families concerned; the existence of a compulsory educational system);
(b) the means deployed to promote the effective abolition of child labour by:
(i) your Government;
(ii) the Organization (for example, through the International Programme on the Elimination of Child Labour, IPEC);
(iii) other bodies (please specify which);
(c) the objectives of your Government with a view to the observance, promotion or realization of these principles and rights;
(d) the conditions deemed necessary to meet these objectives, including technical cooperation resources that might help to achieve them (for example, the recognition of the principle in the country's legal system; the development of relevant indicators or statistics; the promotion of the principle in practice).
III. Please indicate which representative employers' and workers' organizations have been sent a copy of this report.
IV. Please indicate whether your Government has received from these employers' and workers' organizations any observations on the follow-up measures that have been taken or need to be taken on the Declaration with regard to the effective abolition of child labour.
D. The elimination of discrimination in respect of
employment and occupation
Introduction
The ILO Declaration on Fundamental Principles and Rights at Work and its Follow-up, which was adopted by the International Labour Conference at its 86th Session on 18 June 1998, recalls that all Members, even if they have not ratified the Conventions regarded as fundamental, have an obligation arising from the very fact of their membership in the Organization to respect, to promote and to realize in good faith and in accordance with the Constitution, the principles concerning the fundamental rights which are the subject of those Conventions.
In order to give the Organization and its Members the opportunity of regularly observing their efforts to promote those principles, the Declaration has a promotional follow-up, one component of which sets out to obtain, through annual reports requested under article 19, paragraph 5(e), of the Constitution, information from Members that have not ratified one or more of the fundamental Conventions on any changes to their legislation and practice with regard to each of the categories of principles and rights set out in the Declaration.
This report form, which has been approved by the Governing Body of the International Labour Office for use by States that have not ratified both the Equal Remuneration Convention, 1951 (No. 100), and the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), forms part of this component of the follow-up on the Declaration and concerns the following:
The elimination of discrimination in respect of
employment and occupation
To be completed with regard to aspects of the principle covered by the Convention or Conventions(1) to which your State is not a party.
I. With regard to the means of assessing the situation in the country as it relates to the elimination of discrimination in respect of employment and occupation, please indicate (where applicable with copies of the relevant text):
(1) Assessment of the institutional context:
(a) whether the principle of the elimination of discrimination in respect of employment is recognized in your country;
(b) the manner in which it is recognized (in the Constitution, laws, regulations, by virtue of a ratified international instrument, or in some other way);
(c) to what extent or within what limits:
(i) is discrimination defined?
(ii) are criteria defined whereby discrimination in respect of employment and occupation (sex, race, religion, national extraction etc.) is prohibited?
(iii) are persons or categories of persons excluded from the implementation of principle and right relating to the elimination of discrimination in respect of employment and occupation, either explicitly or because they are not covered by the applicable legislation?
(iv) are categories of jobs or work or are sectors excluded or omitted from the applicable legislation?
(d) the means of implementing the principle (administrative, material, legal); for example, specific bodies or machinery (such as committees on the elimination of discrimination in employment and occupation)? If such means exist, for what categories of people (women, minorities, migrant workers etc.)?
(2) Assessment of the factual situation:
(a) any indicators or statistics that are available or might be envisaged as a means of assessing the situation;
(b) the data and trends resulting from the indicators or statistics currently available;
(c) any other information that might allow a better assessment of the situation in the country (structural, economic, demographic or training and education factors, etc.).
II. With regard to the efforts made or envisaged to ensure respect, promotion and realization of the elimination of discrimination in respect of employment and occupation, please indicate:
(a) the measures taken to promote the elimination of discrimination in respect of employment and occupation;
(b) the means deployed to promote the elimination of discrimination in respect of employment and occupation by:
(i) your Government;
(ii) the Organization;
(iii) other bodies (please specify which);
(c) the objectives of your Government with a view to the observance, promotion or realization of these principles and rights;
(d) the conditions deemed necessary to meet these objectives, including technical cooperation resources that might help to achieve them (for example, the recognition of the principle in the country's legal system; the development of relevant indicators or statistics; the promotion of the principle in practice).
III. Please indicate which representative employers' and workers' organizations have been sent a copy of this report.
IV. Please indicate whether your Government has received from these employers' and workers' organizations any observations on the follow-up measures that have been taken or need to be taken on the Declaration with regard to the elimination of discrimination in respect of employment and occupation.
1. The texts of these Conventions may be consulted on the ILO Internet site (http://www.ilo.org), in the official compilation of international labour Conventions and Recommendations, or obtained by request from the ILO Distribution Service, 4, route des Morillons, CH-1211 Genève 22.