Article 35
Application of Conventions to non-metropolitan territories
- 1. The Members undertake that Conventions which they have ratified in accordance
with the provisions of this Constitution shall be applied to the non-metropolitan territories
for whose international relations they are responsible, including any trust territories for
which they are the administering authority, except where the subject-matter of the Convention
is within the self-governing powers of the territory or the Convention is inapplicable owing
to the local conditions or subject to such modifications as may be necessary to adapt the
Convention to local conditions.
- 2. Each Member which ratifies a Convention shall as soon as possible after
ratification communicate to the Director-General of the International Labour Office a
declaration stating in respect of the territories other than those referred to in paragraphs
4 and 5 below the extent to which it undertakes that the provisions of the Convention shall
be applied and giving such particulars as may be prescribed by the Convention.
- 3. Each Member which has communicated a declaration in virtue of the preceding
paragraph may from time to time, in accordance with the terms of the Convention, communicate
a further declaration modifying the terms of any former declaration and stating the present
position in respect of such territories.
- 4. Where the subject-matter of the Convention is within the self-governing
powers of any non-metropolitan territory, the Member responsible for the international
relations of that territory shall bring the Convention to the notice of the government of the
territory as soon as possible with a view to the enactment of legislation or other action by
such government. Thereafter the Member, in agreement with the government of the territory,
may communicate to the Director-General of the International Labour Office a declaration
accepting the obligations of the Convention on behalf of such territory.
- 5. A declaration accepting the obligations of any Convention may be communicated
to the Director-General of the International Labour Office:
- (a) by two or more Members of the Organization in respect of any territory which is
under their joint authority; or
- (b) by any international authority responsible for the administration of any territory,
in virtue of the Charter of the United Nations or otherwise, in respect of any such
territory.
- 6. Acceptance of the obligations of a Convention in virtue of paragraph 4 or
paragraph 5 shall involve the acceptance on behalf of the territory concerned of the
obligations stipulated by the terms of the Convention and the obligations under the
Constitution of the Organization which apply to ratified Conventions. A declaration of
acceptance may specify such modification of the provisions of the Conventions as may be
necessary to adapt the Convention to local conditions.
- 7. Each Member or international authority which has communicated a declaration
in virtue of paragraph 4 or paragraph 5 of this article may from time to time, in accordance
with the terms of the Convention, communicate a further declaration modifying the terms of
any former declaration or terminating the acceptance of the obligations of the Convention on
behalf of the territory concerned.
- 8. If the obligations of a Convention are not accepted on behalf of a territory
to which paragraph 4 or paragraph 5 of this article relates, the Member or Members or
international authority concerned shall report to the Director-General of the International
Labour Office the position of the law and practice of that territory in regard to the matters
dealt with in the Convention and the report shall show the extent to which effect has been
given, or is proposed to be given, to any of the provisions of the Convention by legislation,
administrative action, collective agreement or otherwise and shall state the difficulties
which prevent or delay the acceptance of such Convention.