GB.268/8/2A1 - Governing Body

ILO is a specialized agency of the United Nations

Appendix I

Appl. 19
C.97 R.86
C.143 R.151

Migration for Employment (Revised) Convention (No. 97) and
Recommendation (No. 86), 1949;

and

Migrant Workers (Supplementary Provisions) Convention (No. 143)
and Migrant Workers Recommendation (No. 151), 1975

INTERNATIONAL LABOUR OFFICE

REPORTS ON
UNRATIFIED CONVENTIONS AND RECOMMENDATIONS
(Article 19 of the Constitution
of the International Labour Organization)
REPORT FORM FOR THE
MIGRATION FOR EMPLOYMENT (REVISED) CONVENTION, 1949 (No. 97);
MIGRATION FOR EMPLOYMENT (REVISED) RECOMMENDATION,
1949 (No. 86);

AND
MIGRANT WORKERS (SUPPLEMENTARY PROVISIONS)
CONVENTION, 1975 (No. 143);
MIGRANT WORKERS RECOMMENDATION, 1975 (No. 151)

GENEVA 1997^{INTERNATIONAL LABOUR OFFICE}

Article 19 of the Constitution of the International Labour Organization relates to the adoption of Conventions and Recommendations by the Conference, as well as to the obligations resulting therefrom for the Members of the Organization. The relevant provisions of paragraphs 5, 6 and 7 of this article read as follows:
5. In the case of a Convention --
(e) if the Member does not obtain the consent of the authority or authorities within whose competence the matter lies, no further obligation shall rest upon the Member except that it shall report to the Director-General of the International Labour Office, at appropriate intervals as requested by the Governing Body, the position of its law and practice in regard to the matters dealt with in the Convention, showing 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 stating the difficulties which prevent or delay the ratification of such Convention.
6. In the case of a Recommendation --
(d) apart from bringing the Recommendation before the said competent authority or authorities, no further obligation shall rest upon the Members, except that they shall report to the Director-General of the International Labour Office, at appropriate intervals as requested by the Governing Body, the position of the law and practice in their country in regard to the matters dealt with in the Recommendation, showing the extent to which effect has been given, or is proposed to be given, to the provisions of the Recommendation and such modifications of these provisions as it has been found or may be found necessary to make in adopting or applying them.
7. In the case of a federal State, the following provisions shall apply:

(a) in respect of Conventions and Recommendations which the federal government regards as appropriate under its constitutional system for federal action, the obligations of the federal State shall be the same as those of Members which are not federal States;
(b) in respect of Conventions and Recommendations which the federal government regards as appropriate under its constitutional system, in whole or in part, for action by the constituent states, provinces or cantons rather than for federal action, the federal government shall --
(iv) in respect of each such Convention which it has not ratified, report to the Director-General of the International Labour Office, at appropriate intervals as requested by the Governing Body, the position of the law and practice of the federation and its constituent states, provinces or cantons in regard to the Convention, showing 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;
(v) in respect of each such Recommendation, report to the Director-General of the International Labour Office, at appropriate intervals as requested by the Governing Body, the position of the law and practice of the federation and its constituent states, provinces or cantons in regard to the Recommendation, showing the extent to which effect has been given, or is proposed to be given, to the provisions of the Recommendation and such modifications of these provisions as have been found or may be found necessary in adopting or applying them.
In accordance with the above provisions, the Governing Body of the International Labour Office examined and approved the present form of report. This has been drawn up in such a manner as to facilitate the supply of the required information on uniform lines and the preparation of the summary of information and reports to be submitted by the Director-General of the International Labour Office to the Conference under article 23 of the Constitution.

REPORT

to be made no later than 30 April 1998, in accordance with article 19 of the Constitution of the International Labour Organization by the Government of ........................, on the position of national law and practice in regard to the matters dealt with in the following instruments:

Migration for Employment (Revised) Convention, 1949 (No. 97);⁽¹⁾Migration for Employment (Revised)
Recommendation, 1949 (No. 86);
and
Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143);⁽¹⁾Migrant Workers Recommendation, 1975 (No. 151)

adopted by the International Labour Conference at its 32nd and 60th Sessions (Geneva)⁽²⁾

I. Please give a general indication on the extent to which the two Conventions and the two Recommendations are given effect in your country in law and practice.

(a) Please also give in summarized form information concerning the legislation, regulations and practice existing in your country which may facilitate an appreciation of the extent to which effect has been given to the Conventions and the Recommendations.

(b) In particular, indicate any provisions of basic laws and regulations existing in your country which concern the question of equality of opportunity and treatment between national and migrant workers.

(c) Please specify any limitations on the free choice of employment of migrant workers as regards change of employers, industries, occupations or residence.

(d) Please indicate the sanctions imposed on the traffickers of migrants and on employers who engage migrants without the requisite authorization.

(e) Please specify how public authorities in your country supervise the activities of private recruitment or placement agencies and how public authorities ascertain whether employment contracts that are concluded between migrant and private agencies or agencies acting on behalf of employers are in conformity with national laws or regulations.

II.(a) Please indicate any difficulties presented by the Conventions, in legislation or national practice, or any other reasons such as matters of principle or administrative tradition which prevent or delay the ratification of the Conventions, and any measures taken or envisaged to overcome these obstacles.

(b) Please state whether it is intended to adopt measures to give further effect to the provisions of the Conventions or of the Recommendations.

III. Please indicate the representative organizations of employers and workers to which copies of the present report have been communicated in accordance with article 23, paragraph 2, of the Constitution of the International Labour Organization.

IV. Please indicate whether you have received from organizations of employers or workers any observations on the effect given or to be given to the Conventions and the Recommendations.

FEDERAL STATES

(a) Please indicate whether the provisions of the Conventions or of the Recommendations are regarded by the federal government as appropriate, under its constitutional system, for federal action or as appropriate, in whole or in part, for action by the constituent states, provinces or cantons, rather than for federal action.

(b) Where federal action is appropriate, please give the information specified in points I, II, III and IV of this form.

(c) Where action by the constituent units is regarded as appropriate, please supply general information corresponding to points I, II, III and IV of the form. Please indicate also any arrangements it has been possible to make within the federal State, with a view to promoting coordinated action to give effect to all or some of the provisions of the Conventions and of the Recommendations, giving a general indication of any results achieved through such action.

Appl.19.C.87
Freedom of Association and Protection of the
Right to Organise Convention, 1948

INTERNATIONAL LABOUR OFFICE

REPORTS ON UNRATIFIED CONVENTIONS
(Article 19 of the Constitution of the
International Labour Organization)
REPORT FORM FOR THE FREEDOM OF ASSOCIATION
AND PROTECTION OF THE RIGHT TO ORGANISE
CONVENTION, 1948 (No. 87)

GENEVA
1997

Report

to be made no later than 30 April 1998, in accordance with article 19 of the Constitution of the International Labour Organization by the Government of: ............................ on the

Freedom of Association and Protection of the Right to Organise Convention,
1948 (No. 87)(3)

adopted by the International Labour Conference at its Thirty-first Session.

I. Please indicate whether effect is given in your country to all or some of the provisions of the Convention --

by customary law or practice, or
by legislation.

In the first alternative, please indicate how effect is given to the Articles of the Convention. In the second alternative, please forward to the International Labour Office copies of the legislative texts and regulations mentioned in this report as well as any other available documents relating to the effect given to the provisions of the Convention, such as forms, model rules, handbooks, inspection reports, statistics, etc.

II. Please give in summarized form information concerning the legislation, regulations, important judicial decisions and practice existing in your country which may facilitate an appreciation of the extent to which effect has actually been given to the provisions of the Convention.

Please indicate whether there exist legislative provisions or special and/or separate regulations covering the establishment of, on the one hand, workers' organizations, and, on the other hand, employers' organizations.

Please specify whether there exist any special legislative provisions or regulations regarding the establishment of organizations by certain categories of salaried or independent workers (other than members of the armed forces and the police) and, in particular, by public officials, employees of publicly owned undertakings, agricultural workers and seafarers. If so, please indicate for each of the Articles of the Convention what are the special legal provisions which apply as regards the establishment, functioning and dissolution of such organizations.

In particular, please supply information on the following points:

Are the workers and employers in your country, without distinction whatsoever, entitled to establish and, subject only to the rules of the organization concerned, to join organizations of their own choosing without previous authorization (Article 2 of the Convention)?
Please indicate the categories of persons (other than members of the armed forces and police) who might not enjoy the right to establish and join such organizations. If any such categories exist, please indicate the reasons why.
Please indicate what substantive or formal conditions, if any, must be fulfilled by workers' and employers' organizations when they are being established (Article 2).
Please state the conditions governing the right of workers' and employers' organizations to draw up their constitution and rules, to elect their representatives in full freedom, to organize their administration and activities and to formulate their programmes (Article 3). Please indicate also the provisions relating to the acquisition, the use and the disposal of the assets of these organizations and facilities they need to exercise these rights.
Please indicate, in particular, the election eligibility criteria regarding age, sex, nationality and the sector.
Please indicate whether there exist mechanisms for the settlement of collective industrial disputes. If so, please describe them. If not, please explain why.
Please also indicate whether the rights to strike and lock-out are granted to workers and employers. If so, please indicate the requirements for exercising these rights, and in particular, whether restrictions are placed on the right to strike of certain categories of workers and according to what criteria. If not, please explain why.
Please indicate whether employers' and workers' organizations are liable to dissolution or suspension by administrative authority and indicate the legislative provisions, if any, relating to the dissolution or suspension of such organizations (Article 4).
Please indicate whether and, if so, in what manner, effect is given to Article 5 of the Convention concerning the right of organizations to establish federations and confederations and to join international workers' and employers' organizations. Please also indicate whether, as provided for in Article 6, federations and confederations are entitled, with regard to their establishment, functioning and dissolution, to the same guarantees as their constituent organizations (Articles 2, 3 and 4). If this is not the case, please indicate the impediments existing in these two areas.
Please indicate whether the acquisition of legal personality is optional or compulsory for workers' and employers' organizations and to what conditions such acquisition is made subject (Article 7). Please also indicate the advantages that flow from it.
Please give an overall indication of the measures of a general character which may apply to workers' and employers' organizations such as, for example, constitutional provisions, general legislation concerning meetings and publications of associations, laws concerning the security of the State or a state of emergency, Penal Codes, etc. (Article 8).
Please indicate to what extent the guarantees prescribed by the Convention apply to members of the armed forces or the police (Article 9).

III. (a) Please indicate whether any modifications have been made in national legislation or practice with a view to giving effect to all or some of the provisions of the Convention.

(b) Please describe, in detail, any difficulties arising from the Convention, from national legislation or practice, or any other reason which may prevent or delay the ratification of the Convention.

(c) Please also state whether it is intended to adopt measures to give effect to those provisions of the Convention not yet covered by national legislation or practice.

IV. Please indicate the representative organizations of employers and workers to which copies of the present report have been communicated in accordance with article 23, paragraph 2, of the Constitution of the International Labour Organization.⁽⁴⁾

Please state whether you have received from the organizations of employers or workers concerned any observations concerning the effect given, or to be given, to the instrument to which the present report relates.

FEDERAL STATES

(a) Please indicate whether the provisions of the Convention are considered by the federal government to be appropriate, under its constitutional system, for action at the federal level or whether they are considered to be more appropriate, in whole or in part, for action at the level of the constituent States, provinces or cantons.

(b) Where action at the federal level is appropriate, please provide the information specified in points I, II, III and IV of this form.

(c) Where action by the constituent units is considered to be appropriate, please supply general information corresponding to points I, II, III(a) and (c) and IV of this form. Please also mention any arrangements it has been possible to make within the federal State with a view to promoting coordinated action to give effect to all or some of the provisions of the Convention, giving a general indication of any results achieved through such coordinated action.

Appl.19.C.98
Right to Organise and Collective
Bargaining Convention, 1949

INTERNATIONAL LABOUR OFFICE
REPORTS ON UNRATIFIED CONVENTIONS
(Article 19 of the Constitution of the
International Labour Organization)

REPORT FORM FOR THE RIGHT TO ORGANISE AND
COLLECTIVE BARGAINING CONVENTION, 1949 (No. 98)

GENEVA
1997

REPORT

to be made no later than 30 April 1998, in accordance with article 19 of the Constitution of the International Labour Organization by the Government of: ............................ on the

Right to Organise and Collective Bargaining Convention, 1949 (No. 98)⁽⁵⁾

adopted by the International Labour Conference at its Thirty-second Session.

I. Please indicate whether effect is given in your country to all or some of the provisions of the Convention --

by customary law or practice, or
by legislation.

In the first alternative, please indicate how effect is given to the Articles of the Convention.

In the second alternative, please forward to the International Labour Office copies of the legislative texts and regulations mentioned in this report as well as any other available documents relating to the effect given to the provisions of the Convention, such as forms, handbooks, inspection reports, etc.

II. Please give in summarized form information concerning the legislation, regulations, important judicial decisions and practice existing in your country which may facilitate an appreciation of the extent to which effect has been given in fact to the provisions of the Convention.

In particular, please supply information on the following points:

How is protection against acts of anti-union discrimination ensured to workers (Article 1 of the Convention)?
How is protection against acts of interference by each other ensured to workers' and employers' organizations (Article 2)?
Please indicate whether any judicial or administrative machinery exists for the purpose of ensuring protection against acts of anti-union discrimination and acts of interference (Article 3). Please describe the existing remedies to redress such acts.
Please indicate any measures taken to promote collective bargaining (Article 4).
In particular, please describe the collective bargaining machinery indicating whether it involves any intervention by the public authorities and, if so, in which circumstances and according to which criteria.
Please indicate to what extent the guarantees provided in the Convention apply to members of the armed forces and the police (Article 5).
Please indicate which categories of public servants and employees of the State enjoy the guarantees provided in the Convention (Article 6).

III. (a) Please indicate whether any modifications have been made in national legislation or practice with a view to giving effect to all or some of the provisions of the Convention.

(b) Please describe, in detail, any difficulties arising from the Convention or national legislation or practice or any other reason which may prevent or delay the ratification of the Convention.

(c) Please state also whether it is intended to adopt measures to give effect to those provisions of the Convention not yet covered by the national legislation or practice.

FEDERAL STATES

(b) Where action at the federal level is appropriate, please provide the information specified in points I, II, III and IV of this form.

(c) Where action by the constituent unit is considered to be appropriate, please supply general information corresponding to points I, II, III(a) and (c) and IV of this form. Please also mention any arrangements it has been possible to make within the federal State with a view to promoting coordinated action to give effect to all or some of the provisions of the Convention, giving a general indication of any results achieved through such coordinated action.

¹Governments of countries that have ratified the Conventions and from which reports are due under article 22 of the Constitution should use the present form only with regard to the Recommendations. It will not be necessary to repeat information already provided in connection with the Conventions.

²The texts of the Conventions and Recommendations are appended.

³The text of the Convention is appended.

⁴Article 23, paragraph 2, of the Constitution reads as follows: "Each Member shall communicate to the representative organizations recognized for the purpose of Article 3 copies of the information and reports communicated to the Director-General in pursuance of articles 19 and 22."

⁵The text of the Convention is appended.

⁶Article 23, paragraph 2, of the Constitution reads as follows: "Each Member shall communicate to the representative organizations recognized for the purpose of Article 3 copies of the information and reports communicated to the Director-General in pursuance of articles 19 and 22."

Updated by VC. Approved by NdW. Last update: 26 January 2000.