| GB.268/LILS/10/1(Rev.1)
268th Session Geneva, March 1997 |
| Committee on Legal Issues and International Labour Standards | LILS |
TENTH ITEM ON THE AGENDA
Forms for reports under articles 19 and 22
of the Constitution
(
b) Form for reports on unratified Conventions
(article 19 of the Constitution):
Migration for Employment (Revised) Convention (No. 97)
and Recommendation (No. 86), 1949;
Migrant Workers (Supplementary Provisions) Convention (No. 143)
and Migrant Workers Recommendation (No. 151), 1975
1. At its 267th (November 1996) Session, the Governing Body decided that reports under article 19 of the Constitution should be requested from governments in 1998 with respect to the Migration for Employment (Revised) Convention (No. 97) and Recommendation (No. 86), 1949; and the Migrant Workers (Supplementary Provisions) Convention (No. 143) and Migrant Workers Recommendation (No. 151), 1975.
2. In view of the nature and the importance of the subject, and of the discussion that took place in the Governing Body's Committee on Legal Issues and International Labour Standards at its meeting of November 1996, it appears necessary, in order to obtain the specific and detailed information that is desired, to adopt a special report form for these Conventions in accordance with the usual practice on such occasions.
3. The Committee is therefore invited to consider the appended special report form which is to be supplied under article 19 of the Constitution of the ILO with respect to the Migration for Employment (Revised) Convention (No. 97), 1949 and the Migrant Workers (Supplementary Provisions) Convention (No.143), 1975, and to submit this report form to the Governing Body for approval.
Geneva, 7 March 1997.
Point for decision: Paragraph 3.
Appendix
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.
(c) Please indicate whether ratification of the Conventions is envisaged and, if so, how soon.
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.
1. Governments 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.
2. The texts of the Conventions and Recommendations are appended.