GB.270/2 - Governing Body

1. At its March 1997 Session, the Governing Body requested the Office to prepare a paper containing a draft portfolio of proposals with a view to an initial discussion on the Conference agenda for the year 2000.⁽¹⁾ On that basis, the Director-General sent a letter in May 1997 to all governments of member States and representatives of employers' and workers' organizations in the Governing Body asking for their opinions and proposals.

2. This document is a first draft of a portfolio of proposals for the Conference agenda. As such, it should be regarded as a first effort which will require further fine tuning to meet the expectations of the Governing Body and constituents. In preparing this paper, the Office took account of the guidelines established by the Governing Body in March 1997 and the observations formulated both by the Governing Body and by constituents in reply to the Director-General's letter. However, these observations also raised certain questions in particular concerning the structure and content of the portfolio and the use of the portfolio by the Governing Body. The Governing Body is invited to examine these questions and to provide the Office with general guidelines to advance the work on the draft portfolio. It will also be recalled that the Governing Body at its present session is to consider a document concerning follow-up on the discussions at the Conference of the Director-General's Report which addressed a number of questions relating to standard setting and is directly linked to the task of setting an agenda and defining the future work of the Conference.

3. To date (20 September), the Office has received replies from 44 member States.⁽²⁾ The Employers' group indicated that it could submit supplementary proposals directly to the Governing Body at the November session. The Workers' group has transmitted the proposals from its member organizations to the Office and these have been incorporated into the present paper.

4. As this is an experiment, and bearing in mind the rather tight deadlines that were imposed, the number of replies received seems satisfactory but could also be improved. Some governments and employers' and workers' organizations wanted more time for the necessary consultations. If the Governing Body decided to proceed with those consultations, the Director-General could in future solicit proposals from those organizations immediately after the Governing Body's March session, and the deadline for replies could be extended until August. The constituents would then have four months, including the Conference period, to draft their proposals, and it has been suggested that the groups should make full use of the Conference and Governing Body sessions for consultations on the draft portfolio.

(a) Structure and content of the portfolio

5. Almost all the constituents who replied to the Director-General's letter considered that an expanded list of proposals would be a better basis for the initial discussion by the Governing Body in November. The Office therefore proposes that the present document should henceforth replace the one submitted in the past for examination by the Governing Body at its November session, subject to any amendments that the Governing Body might wish to make.

6. The Governing Body had decided in March 1997 to organize the portfolio by subject of international labour standards rather than by theme (or type of problem). Most of the constituents consulted support this solution. However, some governments wanted to adopt a thematic method, while others advocated a flexible approach to allow the inclusion of proposals both by subject and by type of problem.

7. The presentation of each proposal according to the new structure adopted in March (the problem, proposed solution, etc.) appears to meet the approval of the constituents. Nevertheless, doubts have been expressed regarding the usefulness or meaning of some categories. The present document follows the structure retained by the Governing Body, which is invited to comment on whether or not the document meets its requirements or whether it wishes to make any amendments.

8. The contents of the portfolio have been the subject of much comment, the majority of constituents coming down in favour of a broad range of proposals. Most governments proposed or endorsed a fairly large number of items for standard-setting action. Nevertheless, a number of governments gave priority to the revision of existing standards, often emphasizing the need for caution when taking up new subject areas. Accordingly, proposals for the revision, abrogation or withdrawal of existing standards, which were supported by the Working Party on Policy regarding the Revision of Standards of the LILS Committee and approved by the Governing Body, should be included in the portfolio. The proposals that follow include both items for future standards and items relating to the revision of existing standards.

9. A clear majority of constituents expressed the wish for the portfolio to include proposals for general discussion. Some considered that it would not be appropriate at this stage to prejudge the type of questions that will be submitted to the Conference. The Governing Body must decide whether a proposal is suitable for general discussion or could lead to new instruments. Here, too, some constituents advocated flexibility in the way proposals are set out in the portfolio. It was also recalled that work on drawing up new standards or revising existing standards could be preceded by a preliminary general discussion. The present document includes a number of proposals for general discussion.

10. In addition, some constituents suggested that the portfolio should include topics for discussion by meetings of experts. Such proposals, which go beyond the items for inclusion in the Conference agenda, have not been included in this document for the time being.

11. Some constituents requested that all the proposals received should be listed in the document submitted to the Governing Body, without any preselection by the Office. This has been done. What follows is therefore a full list of all the proposals put forward or supported by the constituents. In particular, subjects linked to certain sections of the classification by subject of international labour standards have been listed under "Other proposals". In addition, a special chapter entitled "Other themes proposed by the constituents", which groups together various proposals contained in the replies to the Director-General's letter, has also been included.

(b) Use of the portfolio

12. The portfolio will evolve and must remain a flexible tool. Its primary purpose is to provide the Governing Body with information on the wishes and needs of constituents and to provide a list of proposals originating from regional meetings and meetings of experts that will facilitate discussion within the Governing Body on the selection of items for inclusion in the Conference agenda. The content of the portfolio should therefore be re-examined at regular intervals, the Governing Body adding new proposals or removing other proposals that have become obsolete or have no prospect of being accepted. The continual renewal process should involve a constant updating of the portfolio. Certain proposals are likely to acquire greater importance over the years while others will become obsolete. From this point of view, some proposals will probably not lead to the inclusion of an item on the Conference agenda for want of support within the Governing Body. Furthermore, the statements made by constituents at a given time should not be considered legally binding and constituents should be free to modify their views as circumstances change.

13. On the basis of the comments received from the constituents, the Office proposes that the Governing Body should adopt the following procedure on a trial basis. The document submitted to the November session would include a full list of proposals received by the Office along the lines of the document submitted to it at the present session. That list would be based on the replies to the letter sent to constituents in March or April each year by the Director-General, and on the indirect consultations with the headquarters technical departments, regional departments and multidisciplinary teams. The Governing Body would examine that list during the November session and would be invited to take decisions focusing on three aspects.

14. First, it could amend the list of proposals by adding new proposals or removing existing proposals.

15. Secondly, it would need to select those proposals which seem promising in terms of the future work of the Conference. The proposals listed below may be at very different stages of development. Some have not progressed beyond the conceptual stage, and the necessary research work, preparatory meetings and consultations between the constituents have yet to be done. It would be risky and possibly detrimental to the work of the Conference if the Governing Body at this early stage were to include such proposals in the Conference agenda for the year 2000. On the other hand, the Governing Body could request the Office to accelerate the research and preparatory work on any proposal that it considers important. The Governing Body's choice should also be reflected in the preparation of the programme and budget. At a second stage, the Office will already have done some research into a particular proposal although the question may not yet be ripe for Conference discussion. The Governing Body could decide to convene a meeting of experts at short notice or ask the Office to carry out other types of consultation to speed up the process. At the final stage, the Governing Body could make its selection from among the proposals for which enough preparatory work had been done to allow discussion at the Conference. The Governing Body could thus draw up a programme of work lasting several years to ensure better preparation for the work of the Conference.

16. Finally, the Governing Body at its November session would select a limited number of proposals from among those considered ripe for inclusion in the Conference agenda, which it would examine in detail at the following session.

17. In March, the Governing Body would need to set the Conference agenda on the basis of an Office document that would include reports on the legislation and practice relating to a limited number of proposals. On that occasion, the Governing Body could consider in greater depth the type of discussion envisaged for the Conference (general discussion, drafting of a Convention or Recommendation, or both) and the content of any instruments proposed. It will be recalled that the Governing Body in March 1997 decided to devote a special sitting at each session to a detailed discussion of a particular item.⁽³⁾ In certain cases, that item could concern preparations for the work of the Conference and thus provide the Office with guidelines for improving questionnaires and other preparatory reports.

18. The Governing Body is invited to examine the draft portfolio as part of the procedure of selecting items for a first discussion, as provided for under article 10, paragraph 1, of the Standing Orders of the Governing Body, with a view to establishing the agenda of the 88th Session of the Conference in the year 2000. The Office will prepare, for the forthcoming March session, documents enabling the Governing Body to determine whether the items lend themselves to standard setting in the light of their "added value", as well as the concise statement provided for under article 10, paragraph 2, of the Standing Orders of the Governing Body. It will be recalled that the Conference will consider the following items which are automatically included in the agenda:

Reports of the Chairperson of the Governing Body and the Director-General;
Programme and budget and other financial questions;
Information and reports on the application of Conventions and Recommendations.

19. The agenda of the 87th Session (1999) of the Conference, as agreed by the Governing Body at its 268th Session (March 1997), includes the following three items: (1) Child labour (second discussion); (2) Revision of the Maternity Protection Convention (Revised), 1952 (No. 103), and Recommendation, 1952 (No. 95) (first discussion); and (3) The role of the ILO in technical cooperation (general discussion). In view of the fact that a second discussion should take place in the year 2000 with a view to the revision of the instruments on maternity protection, the Governing Body at its March 1998 Session would only have to select two other technical items to complete the agenda of the 88th Session (2000) of the International Labour Conference.

A. Basic human rights at the workplace

1. New measures concerning discrimination in employment and occupation

(a) The problem

20. In its 1996 Special Survey on the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), the Committee of Experts on the Application of Conventions and Recommendations recommended that consideration be given to adopting an additional Protocol to the Convention that would cover two points: (1) additional grounds on which discrimination would be prohibited under the Convention, to take account of changes which have taken place in this field and are reflected in national law, as well as to incorporate prohibited grounds of discrimination already covered in other ILO Conventions; and (2) to allow countries to undertake to reverse the burden of proof under some circumstances, in cases of alleged discrimination.

21. The Committee of Experts did not propose revising the Convention, but rather adding an additional Protocol that could be ratified in addition to the Convention, either by countries that had already ratified it, or at the time of ratification. Convention No. 111, one of the ILO's fundamental Conventions, would remain unmodified.

22. As regards additional grounds of discrimination, the Committee of Experts found that there had been a significant increase in the grounds on which discrimination is prohibited in ILO standards and in the national law and practice of a number of States, beyond the seven grounds listed already in Convention No. 111. That Convention, adopted in 1958, requires ratifying States to take action against discrimination in employment and occupation on the grounds of race, colour, sex, religion, political opinion, national extraction or social origin. The Committee found, however, that there was sufficient indication in national laws on discrimination, or in other ILO Conventions, to merit the adoption of a Protocol that would allow States to undertake additional obligations in respect of some or all of the following criteria (listed in alphabetical order): age, disability, family responsibilities, language, matrimonial status, nationality, property, sexual orientation, state of health and trade union membership.

23. While the detailed findings of the Committee of Experts are not reproduced here,⁽⁴⁾ they provide substantial indications that these additional grounds of prohibited discrimination are being used increasingly in national legislation. Information is included in a large number of national reports under article 22 of the Constitution on the application of Convention No. 111 to this effect. It may be recalled that the Convention was adopted in 1958, before the principal standards on different kinds of discrimination were adopted by the United Nations.⁽⁵⁾ In the nearly 40 years since then, this subject has also evolved at the national level, leading a number of States to expand protection in their national law.

24. The Committee of Experts also devoted considerable attention to the additional grounds of discrimination that are covered in other ILO standards.⁽⁶⁾ Even though Convention No. 111 is the ILO's principal instrument on the prevention of discrimination, it does not cover many of the areas on which ILO standards offer the strongest -- and often the only -- protection in international law. On such subjects as age, disability, family responsibilities, trade union membership or nationality and migrant status, protection against discrimination in employment and occupation is found in other ILO standards, but not in Convention No. 111. The adoption of a suitable Protocol would allow the consolidation of protection, and added coherence in the ILO's advisory and supervisory efforts on the subject.

25. In addition, the Committee of Experts felt that there was a need to examine the burden of proof as an element for an additional Protocol. The Committee noted that it is often impossible, in practical terms, for the victim to prove discrimination. A number of States have adopted legislation or regulations that allow the burden of proof to be reversed in some cases in which discrimination has been alleged, so as to place on the person against whom discrimination is alleged, the burden of proving that the disadvantageous treatment was not based on any of the prohibited grounds, where the complaint has produced plausible or prima facie evidence of discrimination. Measures have also been taken by courts in a growing number of countries to reverse the burden of proof in such circumstances; and work on a proposed European directive on this question has been proceeding since 1995, with adoption predicted in the near future.

(b) Proposed solution

26. It is proposed to include in the portfolio, as suggested by the Committee of Experts, the examination of an additional Protocol to Convention No. 111, covering two points. As regards grounds of discrimination, the Committee recommended that the Governing Body and the Conference consider two alternative solutions. The first would be to allow States to ratify the Protocol and to choose which of the additional grounds listed in it they would wish to accept as additional obligations under the Convention (see the indicative list in paragraph 22 above). The second possibility would be to adopt a list of "core" grounds that would have to be accepted when ratifying the Protocol, and allowing States to decide to accept others from the list as well.

27. As regards the burden of proof, the additional Protocol would allow States to accept the obligation to reverse this burden in certain cases, to be determined under national law, in situations in which a prima facie showing of discrimination had been made. The circumstances under which, and the cases in which, this would be done should be left to the determination of the national authorities; the Protocol should probably provide that this determination would be made in consultation with the national organizations of employers and of workers.

(c) Origin of the proposal

28. As indicated above, the source of the proposal was the Special Survey by the Committee of Experts, at its 1996 Session, of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111). The Committee found that the Convention, one of the fundamental ILO standards, should be supplemented to cover grounds of discrimination that have emerged in national and international legislation since its adoption in 1958, and to add an additional method of protection against discrimination by reversal of the burden of proof in appropriate cases. The Committee considered that this should be done with no modification to the existing instrument, but simply by the adoption of Protocol that could be ratified on a voluntary basis.

(d) Relation to existing instruments

29. This would be an additional Protocol to one of the ILO's fundamental standards, and would not modify the Convention itself. It would contain additional grounds of prohibited discrimination found in national legislation in a number of countries, in a certain number of other standards adopted by the Conference, and in the instruments adopted by other organizations, including by the United Nations in the International Covenants on Economic, Social and Cultural Rights, and on Civil and Political Rights, as well as in other human rights standards.

30. The other ILO standards which cover grounds not included in Convention No. 111 were listed in the Special Survey in paragraph 243. For example, as regards age, the Committee listed seven Conventions and four Recommendations that include this as a prohibited ground of discrimination. The criterion of nationality is included in four Conventions and four Recommendations; and in addition the Committee found it to be "fundamental to the standards relating to migrants and [...] provisions intended to ensure them equality of opportunity and treatment and/or protection against discrimination are therefore included in the corresponding instruments", including six ILO Conventions and four Recommendations.⁽⁷⁾ The ILO instruments in which others of the proposed grounds are included may be found in the Special Survey.

31. On another aspect of the relation to existing Conventions, it was pointed out by the Committee of Experts that a provision already exists in Convention No. 111 allowing governments to undertake obligations in regard to grounds other than those detailed in the Convention. Article 1(1)(b) states that the definition of discrimination can be modified to include any other distinction, exclusion or preference which may be determined by the government of the ratifying country after consultation with representative employers' and workers' organizations. However the Committee suggested the Protocol as a better way of allowing States to extend the grounds covered by the Convention.

32. In the discussion of the Special Survey at the Conference in 1996, the Employer members and some governments also noted this provision, and stated that this would mean that the proposed Protocol would be a duplication of effort, and that it would not be used. It may be expected that this Protocol would have several important differences from Article 1(1)(b). It should be noted that the text of the Convention provides no very clear indication of how such a determination should be made or communicated to the Committee of Experts, unlike a Protocol, which is clearly open to explicit ratification. Upon adoption, a Protocol would have to be submitted to the competent authorities of all member States in the same manner as Conventions and Recommendations, and would therefore have to be considered formally by governments. There is no obligation on governments which have ratified the Convention to undertake any formal consultation on the grounds of discrimination under Convention No. 111, and they do not appear in fact to consider this.⁽⁸⁾

33. Ratification of the Protocol would constitute a public commitment to the grounds specified by the government ratifying it, providing a rallying point for action concerning the prevention of discrimination in employment and occupation. Depending on national legal systems, it would embed the grounds selected in national law as well as in international commitments, in a way that a voluntary declaration under Article 1 of the Convention would not. Finally, there is no contradiction between the approach of ratifying an additional Protocol and that of making additional declarations under Article 1 of the Convention -- they would be compatible and could be complementary if governments were to begin using the declaration procedure allowed for in the Convention.

34. As regards the burden of proof, this is not of course required already under Convention No. 111, though the Committee has noted, in cases in which this solution has been adopted by ratifying States, that it is compatible with the Convention. Nevertheless, without its consecration in a legal instrument, it is difficult for the Office to promote this kind of solution to the high obstacles encountered when complainants of discrimination allege that their rights have been violated. This should provide a new and powerful promotional tool in this respect.

(e) Progress made in research and preparatory work

35. As regards additional grounds of discrimination, the Office is prepared to move ahead quickly. As regards the burden of proof, some additional research would be required to determine the countries in which this solution has been adopted, the circumstances under which it is applied, and the success it has enjoyed. This research could be carried out reasonably quickly if necessary.

(f) Future prospects

36. As indicated above, this proposal was discussed by the Conference Committee on the Application of Standards in 1996 when the Special Survey was discussed. It was then discussed again briefly in the Governing Body, and governments have provided information in response to the recent inquiries by the Office.

37. In the Conference and Governing Body discussions, the Worker members and some governments stated their support for the proposal, while the Employer members and some other governments were opposed thereto. In the consultations on the portfolio undertaken in May 1997, workers' organizations were strongly in favour of the adoption of a Protocol to Convention No. 111 that would deal with the questions of grounds of discrimination and the burden of proof. The principal ground cited by those opposed to the proposal was that the Convention already allows extension of its coverage, and that a Protocol would thus be unworkable. This is addressed above, and it is believed that a discussion may allow the dissipation of misunderstandings that arose in the course of the earlier discussions. One government indicated during those discussions that its opposition was based on the fact that these grounds were already covered by other ILO standards, but this has been stated above as a reason why the Committee of Experts first proposed that a Protocol be offered for consideration.

38. At those discussions, two governments also stated that this might compromise the status of Convention No. 111 as a core standard. The adoption of a Protocol allowing governments to assume additional responsibilities, if they wished to do so, or to take additional measures concerning the burden of proof, would not appear to have this effect.

39. During the consultations that took place in May 1997, 15 governments referred to this item. Twelve of them supported it (Australia, Chile, China, Croatia, Finland, Greece, Italy, Peru, Romania, Sri Lanka, Suriname and the United Kingdom) while three rejected it (Germany, Myanmar and Nicaragua).

40. Of the 12 governments that supported the item three (Australia, Chile and Finland) expressed support for a Protocol to Convention No. 111, while the others did not express an opinion either way. Although in 1996 Australia had not supported the proposal for an additional Protocol to the Convention, it "would join any majority support for a Protocol which would clarify the situation in regard to obligations concerning the 'additional grounds' for discrimination". Finland proposes the adoption of a Protocol which would allow "changes which have taken place in this field over the years" to be taken into account.

41. Croatia, without referring explicitly to the idea of an additional Protocol to Convention No. 111, mentions the adoption of new standards in this area.

42. Three governments oppose the proposal. They are Germany, which remains "firmly opposed to the idea of extending the grounds for non-discrimination under Convention No. 111", Myanmar and Nicaragua.

2. Prison labour

(a) The problem

43. This subject was already included in the list of possible standard-setting items in the 1987 report of the Governing Body's Working Party on International Labour Standards. There are two different aspects to the question.

44. First, in an increasing number of countries, prisons are being privatized, or private enterprise is being allowed or encouraged to open facilities inside them which employ prisoners. In this regard, the Forced Labour Convention, 1930 (No. 29) provides that "any work or service extracted from any person as a consequence of a conviction in a court of law" is excluded from the definition of forced or compulsory labour, but only on condition that this work is carried out "under the supervision and control of a public authority and that the said person must not be hired to or placed at the disposal of private individuals, companies or associations" (Article 2, paragraph 2(c)). The Committee of Experts on the Application of Conventions and Recommendations has made a number of comments to ratifying countries indicating that the arrangements being made are not in full conformity with the provisions of Convention No. 29, or requesting further information.

45. The second facet is that conditions of labour in many privatized prisons do not appear to correspond to a normal working relationship. Although there are exceptions in some countries, research indicates that wages, when they are paid, often tend to be very low; hours of work and safety and health conditions are not regulated; and none of the normal employment-related benefits accrue in very many cases. Basic workers' rights, which the ILO proclaims as indispensable for all, are often not respected. Thus, the extent to which prison labour should be entitled to the normal employment-related benefits needs to be examined, taking into account the problem of the potential exploitation of a captive workforce and the issue of unfair competition with a free workforce.

(b) Proposed solution

46. These questions fall in part under Convention No. 29, and in part under other standards. The Committee of Experts has considered that the prohibition of Article 2, paragraph 2(c), of the Convention "is not limited to work done outside the penitentiary establishments but applies equally to workshops operated inside prisons by private undertakings" and that "a fortiori, the prohibition covers all work organized by privately run prisons".

47. As regards the forced labour aspects of the question, it may be recalled that the Governing Body has decided that the fundamental labour human rights Conventions, which include Convention No. 29, remain fully relevant and are not subject to revision, and no such suggestion is made.

48. The second problem is whether the conditions under which the work is performed are in conformity with other basic standards related to other aspects of working life, laid down in many ILO Conventions. This question has not been dealt with by the Committee of Experts, and would appear to lend itself to normative action.

(c) Origin of the proposal

49. As indicated above, this subject was included in the list of possible items for standard setting adopted by the Governing Body in 1987. The Office's analysis, based on the supervisory work of the Committee of Experts, indicates that the problem perceived then has not yet been resolved, and has increased in importance.

(d) Relation to existing instruments

50. As discussed above, this question mainly concerns Convention No. 29.

(e) Progress made in research and preparatory work

51. The Committee of Experts will carry out at its 1997 Session its first accelerated examination of the ratification prospects of the fundamental human rights Conventions under article 19 of the Constitution, recently decided by the Governing Body. The first such examination will cover the Conventions on forced labour. At the request of the Conference Committee on the Application of Standards in 1997, the Committee is expected to include in its analysis substantial commentary on the question of private labour in prisons in relation to Convention No. 29. In addition, reports received in the context of the Director-General's campaign for the ratification of the basic human rights instruments have yielded information on the obstacles encountered by countries that have not yet ratified Convention No. 29, which sometimes include questions relating to labour in prisons. These discussions should form the basis for further work on the forced labour aspects of this subject.

52. In addition, research has now been undertaken within the Office on the extent to which the work being done in traditional prisons, privatized prisons and private workshops in prisons, conforms to national law and international standards on conditions of work outside the question of compulsion. This should allow a first assessment of whether the subject is ripe for standard setting.

(f) Future prospects

53. Nine governments referred to this item during the consultations held in May 1997 (Austria, Chile, Germany, Greece, Italy, Myanmar, Nicaragua, Suriname and the United Kingdom). Seven of those governments supported the proposal and two rejected it.

54. Three member States explicitly advocate standard-setting action (Australia, Chile and the United Kingdom). Australia states that it supports "the development of either a new Convention, or a Protocol to Convention No. 29 on Forced Labour, 1930, in order to clarify the situation in relation to labour in private prisons" and regards the item as a priority topic. Chile supports the adoption of an additional Protocol to Convention No. 29.

55. As regards the governments which reject the proposal, Germany recalls that the question is addressed by Article 2.2(c) of the Forced Labour Convention, 1930 (No. 29) and considers that "there is no discernible need for further regulation". Nicaragua considers that there is no need for any standard-setting action in this area.

B. Employment

3. Human resources development:
Vocational guidance and vocational training

(a) The problem

56. Skills development is gaining recognition as the cornerstone for boosting and reconciling economic growth with equity. Globalization, and the pressures it generates in pursuit of competitiveness by countries, enterprises and individuals, has resulted not only in new opportunities for economic growth, but also in rising unemployment, the erosion of employment security, widening inequalities, marginalization and exclusion. The chances of benefiting from globalization are directly related to the knowledge and skills base of the workforce. A dividing line is placed between those who have the capacity for innovation, adaptation to change, creating and using technology and adding intellectual added value to production and trade, and those who can only count on low wages, poor conditions of work and the abusive exploitation of human and natural resources as their competitive advantage.

57. A significant effort to invest in the development of human resources is then needed in countries at all stages of development, and most particularly for developing and transition economies. This effort will nevertheless be effective only if appropriate macroeconomic, employment and labour policies are in place.

58. Education and training are the essential means of improving human capacity for productive work. Since its inception, the ILO has fostered vocational guidance and vocational training as being of crucial importance to employment promotion, economic prosperity and social justice. Consequently, it has adopted a number of international labour standards in this area, notably the Human Resources Development Convention, 1975 (No. 142), and Recommendation (No. 150), which concern vocational guidance and vocational training in the development of human resources, adopted in 1975. Throughout its 22 years of existence, Convention No. 142 has been ratified by only 57 member States, a rather limited response from member States to this important promotional standard.

59. During the last two decades, critical economic and social phenomena have helped re-evaluate the importance of employment-related training. Training, it is argued, should be regarded as a public asset, an investment as important as physical investment. This affects the conceptual approach to training, its objectives and priorities, and the policies, systems, strategies and programmes that countries are called upon to put in place in this arena. The development of intensified competitiveness, major economic restructuring, atypical employment patterns, profound transformation of work organization and production, and new and changing job content, are generating increased and diversified skills needs. At the same time fiscal policies, structural adjustment and government reorganization have resulted in reduced availability of public funds for skills development.

60. Most countries are in the process of reforming their training systems to make them more relevant, efficient, effective, equitable and sustainable. The aim is to respond more fully to the need for lifelong learning opportunities for all workers in order to facilitate their employability at all stages of working life, on the basis of their enhanced skills. Trends in reform involve establishing flexible links between education, training and work, seeking complementarity and partnership in efforts from the public and private sectors, and creating an enabling environment and incentives to ensure the continuous upgrading of the labour force through pre-employment and recurrent learning, closely linked to the world of work.

61. Key areas of training reform are the new roles of the State and the private sector, including a proactive regulatory framework, decentralization, the development of a training market, and coordination mechanisms among the various actors involved; innovative and diversified financing mechanisms; increased responsibilities and participation of enterprises and individuals; the greater involvement and participation of, and new forms of dialogue between, the social partners; and the enhanced relationship between training and evolving labour market needs.

62. The principles enshrined in Convention No. 142 would appear fairly well adapted to the current context. However, its accompanying Recommendation (No. 150), though addressing most of the emerging issues to some extent, does not provide sufficiently clear policy guidance or in-depth orientation on the strategies that countries could adopt to solve their most urgent and acute problems in the field of skills development; the concepts and terminology contained therein are not fully in line with latest developments in thinking and current practice on training; and the hierarchy of objectives and priorities, and of recommended strategies is difficult to extract from a somewhat extensive and cumbersome text.

(b) Proposed solution

63. It is proposed to include in the portfolio the subject of human resources development for standard-setting activity. The option envisaged is the adoption of a new Recommendation. The latter could cover the whole set of issues that need strategic orientation from the ILO in the field of human resources development -- as envisaged in Convention No. 142 -- or concentrate on one or more critical issues.

64. Preliminary information gathered through national studies conducted to promote the ratification and application of international labour standards on human resources development indicates that Convention No. 142 and Recommendation No. 150 are not well-known by constituents. In particular, Recommendation No. 150 is little known, seldom read, and hardly ever used as a source of inspiration or guidance for training policies and strategies in member States. Recommendation No. 150 is apparently perceived as too general, cumbersome and outdated to constitute a significant frame of reference for decision-makers today.

65. While Convention No. 142 is to a large extent thought appropriate, this is not the case with Recommendation No. 150. Some of the weak areas identified relate to: the lack of consideration for accelerated economic transformation, organizational changes and social dynamics as a demanding context for skills development; lack of focus on the impact of training on productivity improvement, which is of cardinal importance in the present international economy; an implicit emphasis on government-sponsored training, as opposed to the need to foster greater involvement of the private sector and partnerships between the various actors involved; a supply-driven, rather than demand-driven approach; the lack of any reference to the financing of training, which has become one of the most critical obstacles to more and better investment in skills development; silence on the institutional framework of training systems; insufficient stress on the role of enterprises and on innovative forms of their involvement in training; the rather passive role attributed to the social partners; poor attention to the needs of small and micro-enterprises and the informal sector; disregard of the linkages between skills and technology and of the contribution of training to technological transfer and innovation; similar deficiencies regarding environmental issues; neglect of particular attention to youth training and the employment prospects of the young; scarce attention to the training and retraining of unemployed, redundant and displaced workers; and the insufficient importance given to continuous training for all workers throughout their working lives.

66. Overall, it is felt that the new Recommendation should be more proactive and forward-looking, setting the key concepts and objectives of vocational guidance and vocational training in the development of human resources. These objectives would be centred around the construction, continuous improvement, management and recognition of "competencies". The concept of "competency", as opposed to qualification, involves a wider range of knowledge, skills, attitudes and behaviour ensuring the employability of workers at all stages of their lives, including creating their own jobs. Competencies should offer a bridge between learning and employment, training and the labour market.

67. In order to clarify these concepts and define the specific nature and scope of the standard-setting activity envisaged by the International Labour Conference in this field, it is proposed that, as a preparatory phase, the Governing Body should first discuss the subject, before any general discussion at the Conference. Another option would be to convene a meeting of experts on the subject. However, the Programme and Budget for 1998-99 includes no resources for such a meeting.

(c) Origin of the proposal

68. The Workers' group of the Governing Body requested the inclusion of the subject of vocational training in the portfolio of standard-setting activities at the 267th Session of the Governing Body (November 1996). During the consultations held in May 1997 on the portfolio, the workers' organizations strongly supported this proposal. They underscored the key importance of this area in the light of developments in the labour market, and specifically referred to the need for lifelong learning, training as a key to mobility, and multiskilling. For this reason, the workers' organizations wanted further attention to be given to the possibility of adopting a new Convention to supplement Convention No. 142.

69. In addition, the subject of youth training and employment was proposed for general discussion, but not retained, for the agenda of the Conference in 1998. It was among the items proposed in November 1996 for the agenda of the 1999 Conference.

70. The 12 governments that referred to this proposal in May 1997 during consultations on the portfolio all supported the inclusion of this subject (Australia, Austria, Chile, China, Finland, Germany, Greece, Italy, Myanmar, Sri Lanka, Tunisia and Uruguay).

(d) Relation to existing instruments

71. In addition to Convention No. 142 and Recommendation No. 150, a number of other international labour standards are linked to the topic. The most closely related are the following: the Paid Educational Leave Convention, 1974 (No. 140) and Recommendation (No. 148); the Vocational Rehabilitation and Employment (Disabled Persons) Convention, 1983 (No. 159) and Recommendation (No. 99); the Special Youth Schemes Recommendation, 1970 (No. 136); the Minimum Age Convention, 1973 (No. 138); the Employment Policy Convention, 1964 (No. 122); the Discrimination (Employment and Occupation) Convention, 1958 (No. 111); the Equal Remuneration Convention, 1951 (No. 100) and Recommendation (No. 90); the Migration for Employment Convention (Revised), 1949 (No. 97) and Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143) and Recommendation (No. 151); the Indigenous and Tribal Populations Convention, 1957 (No. 107) and Indigenous and Tribal Peoples Convention, 1989 (No. 169); the Workers with Family Responsibilities Convention, 1981 (No. 156) and Recommendation (No. 165); and the Older Workers Recommendation, 1980 (No. 162).

(e) Progress made in research and preparatory work

72. The promotion of international labour standards concerning human resources development (HRD), and in particular Convention No. 142 and Recommendation No. 150, has been a major thrust of the 1996-97 programme of activities of the Employment and Training Department. A study on international labour standards that concern HRD covering a selection of countries in all regions is being conducted in collaboration with the field structure. The objective of the study is to examine the current major issues and priorities of training policies and programmes in ILO member States, the responses to be found in international labour standards, and the problems and constraints that governments, employers and workers face regarding their full application.

73. National studies have been completed in 12 countries (Benin, Colombia, Costa Rica, Côte d'Ivoire, Chile, France, India, Mali, Mexico, Philippines, South Africa and Switzerland). Three additional studies are to be finalized by the end of 1997 (Thailand, Malaysia and the Republic of Korea) and two more have been requested by interested countries (Russian Federation and Ukraine). A national tripartite workshop to discuss the findings of the country study was held in the Philippines, and similar ones are planned for at least three additional countries before December 1997.

74. The findings of the above study are intended as the basis for the Governing Body's discussion paper concerning proposals on the subject of vocational guidance and vocational training in the development of human resources, and for the preparatory work related to the Conference standard setting that would follow if the proposal is accepted. Further inputs would be drawn from research conducted by the regular programme of the Employment and Training Department and other technical and field units on subjects relevant to Convention No. 142 and Recommendation No. 150 during the current and the next biennium; from advisory services provided to ILO member States; from meetings and training activities; and from technical cooperation projects. A major input is expected from the 1998-99 issue of World Employment, which will concern training and employment.

(f) Future prospects

75. Several constituents already spoke on the course of action to be taken on this subject during the consultations on the portfolio held in May 1997. Of the 12 States that responded to the proposal, three are expressly in favour of standard setting in this area, while one other is unspecific on this point. Austria considers that this is a priority topic and that it should be the dealt with by the elaboration of a Convention and a Recommendation. Tunisia proposes new standards and/or reinforcing existing ones. Australia proposes a preliminary general discussion on vocational training for young persons, "which would ascertain whether a revision of the Special Youth Schemes Recommendation, 1970 (No. 136) would be appropriate, or whether it was timely to adopt a Convention on the subject".

76. Chile supports a general discussion on the subject. It proposes that the discussion focus on the employment and training of young persons.

77. Three other governments propose a specific approach to the question of vocational training. Finland suggests that "the point of view could be to discuss these links [between working life and education/training] at different stages of life, or to look at a particular group, such as young workers or aged workers", while Greece proposes a thematic approach to the vocational training of the long-term unemployed and of young persons. Italy considers it is important to improve the employability of human resources and believes that "training must be continuous and involve all operators, private and public", with a view to "substantially increasing employment opportunities for young people, opportunities for recycling those in work, and reinstating the unemployed".

78. It should be noted that four countries propose a general discussion on topics linked to this theme. Austria proposes to discuss "Unemployment, vocational integration and financial security for young persons after their professional training". Panama and Romania suggest a discussion on the introduction of young persons into working life. Tunisia proposes adopting new standards on the employment and training of young persons, distinguishing between educational policy for young persons in general and educational policy of graduates in particular.

4. Investment and employment ⁽⁹⁾

(a) The problem

79. In the conclusions adopted by the Conference in June 1996, it was emphasized that investment lies behind many of the ILO's principal concerns. Without sustained and well-selected investment, social policy goals are difficult to reach. It is important to be clear on the nature of investment, the factors that lie behind the decision to invest and the impact it has on employment.

(b) Proposed solution

80. A general discussion on the topic might include the following aspects:

means of increasing the employment-generating capacity of investment processes;
means to optimize the impact on employment of foreign direct investment through appropriate policies and programmes;
review of the effectiveness of policies and programmes aimed at increasing investment by small and medium-sized enterprises;
the interaction between the development of human and physical capital;
the interaction between different forms of labour market regulation and decisions on the scale and location of investment.

(c) Origin of the proposals

81. Following a request by the Employers' group at the November 1996 Session of the Governing Body, this subject was submitted for examination by the Governing Body in March 1997 for general discussion at the Conference.

(d) Relation to existing instruments

82. The instruments adopted by the ILO in this area are the Employment Policy Convention, 1964 (No. 122), and Recommendation, 1964 (No. 122), as well as the Employment Policy (Supplementary Provisions) Recommendation, 1984 (No. 169).

(e) Progress made in research and preparatory work

83. Little preparatory work has been done on this item. A working paper on the topic Economic growth and investment was published in 1996. For the coming biennium, a programme of action on the theme Globalization, area-based enterprise development and employment will be run jointly by two of the Office's technical departments.

(f) Future prospects

84. This proposal enjoyed wide support by the members of the Governing Body at its March 1997 Session when examining questions for inclusion on the Conference agenda for 1999.

85. The Employers' group said that the question would acquire great importance during the coming years and should be discussed by the Conference. The Workers' group did not oppose the proposal. Ten governments (Argentina, Brazil, Germany, Hungary, Italy, Mauritius, Pakistan, South Africa, Uganda and the United States) advocated its inclusion on the Conference agenda -- South Africa and the United States strongly so.

86. During consultations that took place in May 1997, Tunisia submitted a proposal that there should be a general discussion on this theme.

5. Other proposals

87. Unemployment: this item was referred to by Cyprus and Switzerland. Switzerland expressed the hope that the problem of unemployment would occupy a more central place in the ILO's standard-setting activity. The item Protection against unemployment was proposed by Cyprus for future standard-setting action.

88. Structural adjustment policies: Egypt has put forward a proposal of relevance in this area. It recalls that a certain number of States are engaged in a process of structural adjustment which has the effect of exacerbating income disparities and increasing unemployment, and advocates the adoption of international standards "which would oblige countries to take the necessary measures to protect the category of workers whose work conditions oblige them to abandon their employment".

89. Employment of disabled persons: Egypt proposes that this item should be included, specifically from the point of view of non-discrimination and vocational rehabilitation of disabled people. This proposal concerns a topic dealt with by the Vocational Rehabilitation and Employment (Disabled Persons) Convention, 1983 (No. 159).

C. Social policy

6. Promotion of cooperatives ⁽¹⁰⁾

(a) The problem

90. For mainly political and commercial reasons, the cooperative movements in developing countries and in the former socialist countries were strongly fostered by the State. On accession to national independence, in developing countries the State viewed cooperatives as an important instrument in the production and export of cash crops, the development of cottage industries and programmes for land distribution. In the former socialist countries, cooperatives were a means of centralizing land use, employing agricultural labour and distributing consumer goods. The outcome of state sponsorship was the top-down development of cooperatives, dependence on state support, and strong state intervention in the management of cooperative societies.

91. During the current decade, political, economic and social reforms have placed substantial limits on the role of the State, and cooperative movements have been given new opportunities in developing and former socialist countries to redefine their role in national economic and social life and to remake their often negative image as state-controlled organizations based on forced membership. The current trend is towards greater awareness by the State and the public of cooperatives as defined in Article 12(a) of the Cooperatives (Developing Countries) Recommendation, 1966 (No. 127), that a cooperative is an association of persons who have voluntarily joined together to a common end through the formation of a democratically controlled organization, making equitable contributions to the capital required and accepting a fair share of the risks and benefits of the undertaking in which the members actively participate.

92. The cooperative movement is also in transition in industrialized countries, which have long adhered to freedom from state intervention. The movements have traditionally been associated with the enhancement of the purchasing power of workers' incomes and the protection of traditional skills in agricultural and craft professions. The cooperative model of joint ownership is now being used by employees to buy out their own enterprises in the transport, service and manufacturing sectors as a means of protecting and generating jobs in an era of privatization and globalization. The current wave of worker buy-outs in industrialized countries is thus a means of increasing workers' stakeholding in society. The current standard, Recommendation No. 127, does not reflect current developments regarding cooperatives since it is limited to providing guidance only to developing countries, and it provides the framework for strong state involvement in sponsorship and support.

(b) Proposed solution

93. To adequately address current trends in cooperative development there is a need for a new instrument that would be universally applicable to all member States and not be limited to only one group, as is the current Recommendation. In addition, there is a need for an instrument that would provide for greater involvement of the social partners in cooperative development and a downscaling of government involvement in administrative and business matters. Furthermore, there is a need for a standard that would reinforce the responsibility of the cooperative movements to finance and manage their own supporting services, such as audit and control, management training, membership education, investment and management consultancy. Finally, an instrument is needed that will strengthen the move towards privatization, democratic control and involvement of civil society.

(c) Origin of the proposal

94. The proposal for a new Recommendation on cooperatives arises from two international meetings of experts. In 1993, a Meeting of Experts on Cooperatives was held in Geneva, whose agenda included an assessment of the impact of Recommendation No. 127. The experts concluded that the current standard had had an important impact on cooperative development in developing countries based on strong state involvement in sponsorship and support, but in today's competitive world such sponsorship and support could no longer be borne by public funds and had not always led to democratic control, economic self-sufficiency or the involvement of workers' and employers' organizations. The Meeting concluded that there was a need for a new standard that would give larger responsibilities to the cooperative movements and the social partners and which would be applicable to all member States.

95. This Meeting was followed by the International Meeting of Experts on Cooperative Law (Geneva, May 1995), where the existing Recommendation was re-examined in depth. The experts endorsed the conclusions of the earlier Meeting and urged a new standard that would: (a) be applicable to all member States and not be limited to developing countries; (b) better reflect the current liberalization of national cooperative laws limiting the intervention of the State; (c) encourage greater involvement of the social partners and civil society; and (d) reinforce the basic principles of democratic control and voluntary and open membership. The Meeting urged ILO member States to take action to revise the existing standard or adopt a new one.

(d) Relation to existing instruments

96. The existing Recommendation and a new standard would complement the following standards:

Rural Workers' Organizations Convention, 1975 (No. 141) and Recommendation (No. 149);
Employment Policy Recommendation, 1984 (No. 169);
Indigenous and Tribal Peoples Convention, 1989 (No. 169).

(e) Progress made in research and preparatory work

97. The Office issued a number of working papers in conjunction or in parallel with the two meetings of experts. These include a series on creating a favourable climate and conditions for cooperative development in Africa (1993), in Asia (1994), in Latin America (1996), and in Central and Eastern Europe (1996); a report on the relationship between the State and cooperatives in cooperative legislation (1993); structural changes in cooperative movements and consequences for cooperative legislation in different regions of the world (1993); a review of the impact of Recommendation No. 127 (1993); report on the impact of labour law and industrial relations on cooperative law (1995); a report on cooperative law and the regulatory role of the State (1995); a report on cooperative structure and competition law (1994); and case-studies on labour law and cooperatives (1995).

(f) Future prospects

98. The representative organization of the world's cooperative movements, the International Cooperative Alliance (ICA), which has observer status in the ILO, adopted on its centenary in 1995 an updated set of basic values and principles for cooperatives to reinforce the independent and democratic nature of the movement. The ICA participated in the meetings of experts, and has indicated that an updated ILO standard would greatly contribute to the universality of these basic principles. The United Nations has also indicated that a new ILO standard would be valuable and that the work so far achieved by the Office would be reflected in its own guidelines for cooperative development, which will be subject to a report to be submitted to the General Assembly in 1999. Furthermore, the International Committee for the Advancement and Promotion of Cooperatives (COPAC), whose members are UN, FAO, ILO, ICA, WOCCU and IFAP, has indicated that a new standard is required. Finally, the subject has twice been discussed in the Governing Body with support from a number of members.

99. During the consultations on the portfolio in May 1997, nine governments referred to this subject (Australia, Chile, Finland, Germany, Myanmar, Nicaragua, Panama, Sri Lanka and the United Kingdom). The workers' organizations declared themselves favourable to the adoption of new standards in this area, specifically in the form of a Convention.

100. Of the governments that referred to this proposal, five formulated comments in support of standard-setting action. Panama considers that the item requires new standards. Chile, Myanmar and Nicaragua advocate the re-examination of Recommendation No. 127 (1993). The United Kingdom is in favour of a Recommendation without specifying whether it envisages revision of the existing Recommendation or adoption of a new one.

101. Finland does not specify whether or not it is in favour of standard-setting action, but considers that "this topic has great potential, not in the least in job creation for the industrialized and developing countries alike". For Germany, on the other hand, it is important that "the discussion focuses on the role of cooperatives in developing countries".

102. Only Australia states that "no new standards are considered necessary at this stage".

103. Furthermore, Egypt, Spain and Uganda also supported this proposal when it was examined by the Governing Body in November 1996. On that occasion, the Workers' group stated that the time was right to consider a new standard in this area.

7. The role of the ILO in the reconstruction of conflict-affected countries

(a) The problem

104. The alarming increase in armed conflicts is a major feature of the world today. In 1994 alone there were 45 open conflicts in the various regions affecting a number of ILO member States. The conflicts, which are mostly civil, and the extensive social, economic, physical, political and human destruction that they involve, stemming from the changed nature and technology of modern warfare, constitute a major challenge to development and the ILO's concerns. They threaten employment promotion, the alleviation of poverty and inequalities (social, economic and gender), the promotion of democracy, the protection of workers, training, the roles and rights of trade unions and employers' organizations, and the observance of human rights and other international labour standards. Tackling the immense task of reconstruction, reintegrating large numbers of demobilized combatants, internally and externally displaced, women, disabled persons, children, young people and other conflict-affected groups, rebuilding weakened institutions, re-establishing social cohesion and promoting sustainable peace is a complex undertaking. This, however, is just as important as conflict prevention and peace negotiation to ensure long-term peace.

105. Skills training, employment promotion and the promotion of basic human rights are critical elements of the processes required to rebuild livelihoods, communities, physical infrastructure and socio-economic life and to contribute to social healing, reconciliation and sustainable peace in conflict-affected and post-conflict countries. Furthermore, there is a link between the employment situation and social stability, since high levels of unemployment, poverty and social exclusion are among the underlying root causes of some armed conflicts. The ILO therefore has a crucial role to play in this context -- both in the early-warning sphere to prevent conflict and also in conflict resolution and post-conflict reconstruction -- to help its member States and social partners grapple with the grave problems encountered as a result of armed conflict.

106. The Organization has a comparative advantage in the post-conflict context. This stems, inter alia, from its origins under the Treaty of Versailles at the end of the First World War, its experience during the Second World War, its tripartite structure, its mandate and its current activities. Towards the end of the Second World War, the International Labour Conference, meeting in Philadelphia in 1944, adopted the Employment (Transition from War to Peace) Recommendation, together with the Social Security (Armed Forces) Recommendation (No. 68), which concerned income security and medical care for persons discharged from the armed forces and assimilated services and, from war employment, the Employment Service Recommendation (No. 72) and the Public Works (National Planning) Recommendation (No. 73), which recognized the magnitude of the employment problem to be addressed during the transition from war to peace, which involved ensuring the re-employment of demobilized soldiers and other war-affected groups. It proposed measures for doing so, and asked governments to plan them in cooperation with employers' and workers' organizations. The Organization has also implemented a number of technical assistance activities in some of its conflict-affected member States, to help with the process of reconstruction, and has gathered insights from the research and seminars conducted by the ILO Action Programme on Skills and Entrepreneurship Training for Countries Emerging from Armed Conflict (1996-97) and its earlier work on ex-combatants.

107. There have been considerable changes in warfare, its impact and the involvement in conflict of different population groups. There is therefore a need to assess the new reality of conflict and the daunting problems to be addressed. The ILO and the social partners have yet to realize their full potential role in the context of conflict. The main international labour standard on the issue (Recommendation No. 71), adopted more than 53 years ago, does not reflect the changed nature or reality of current armed conflict to be able to provide up-to-date guidance to governments, employers or workers in tackling the immense demands of this context. The Organization's current short-term and rather fragmentary technical assistance activities in several conflict-affected member States in recent years pale against the enormity and urgency of the problem. Some innovative approaches have been adopted, but more are required in a context characterized, for example, by the weak institutional capacity of the relevant labour-related structures, a general atmosphere of distrust, high levels of psychological trauma, and extensive population and other changes. The Organization's role so far in the context of conflict and its ability to provide assistance and guidance to its tripartite members in grappling with the grave problems encountered by them in this sphere have been constrained by the absence of a clear policy framework and an up-to-date international labour standard to underpin any coherent and effective action. Lack of such a policy and standard has also limited the ILO's capacity to play effectively its expected role within the current UN system-wide efforts and strategic framework for post-conflict reconstruction and sustainable peace promotion.

(b) Proposed solution

108. It may be considered that the ILO needs a comprehensive and visible policy framework and a re-examined international labour standard to reinforce its action and that of its constituents in the context of conflict. Insights gathered by the ILO in recent years, especially from the ILO Action Programme on Skills and Entrepreneurship Training for Countries Emerging from Armed Conflict, emphatically point to the urgent need for such action by the Organization to spell out its specific roles, as well as those of its constituents in this area. It should provide conceptual clarity and direction to facilitate the Organization's timely response. It should delineate the range of factors and issues to be considered in preparing such response. It should provide a framework for engaging the ILO's full competence, for promoting the Organization's institutional capacity in this field and for marshalling the contributions of its various technical and other departments in an integrated manner to tackle the multifaceted needs. It should spell out the kind of operational support and technical assistance that the Organization should pursue. It should provide guidance on the strategic partnerships that need to be developed between the Organization, its tripartite constituents, other relevant civil actors and other bodies. The Organization's role and that of its constituents have so far been constrained by the absence of a clear policy framework to underpin their coherent and effective action.

109. General discussion at the International Labour Conference of the situation of armed conflicts in the current world and the ILO's role in this sphere would allow for a full examination of the question and the experience of the ILO and its constituents in this sphere. This review should also take into account the principles and issues raised in existing instruments, especially Recommendation No. 71.

110. The discussion should permit the identification of principles in this instrument -- those that are still relevant and should continue to inspire the action of member States and the social partners, and those that should form the basis for re-examination.

111. Experience within recent years by the United Nations system, the Bretton Woods institutions, regional and other relevant institutions in conflict situations could also be taken into account to provide scope for a full assessment of what needs to be done, the strategic partnerships that the ILO and its constituents need to develop with other national and internal bodies, and other approaches required in the context of conflict.

112. It is also proposed that the Conference should investigate the key concepts inherent in working in the context of conflict so as to provide clarity in applying them in the work of the Organization and its Members. These include reintegration, reconstruction, demobilization, peace-building and early warning systems.

113. A general preliminary discussion could eventually lead to a new international labour standard, providing a solid basis for the progressive re-examination of the standards adopted by the International Labour Conference in 1944.

(c) Origin of the proposal

114. In the consultations undertaken in May 1997 on the portfolio, the Government of Finland requested inclusion of the subject of the ILO's role in the conflict-affected context in the portfolio project for standard-setting activities. It was recognized that the number of humanitarian crises was on the ascendancy, and that the link between employment situation and social stability would be an important topic for discussion. The successful reintegration of members of the armed forces is of great importance after a crisis, as this is important in preventing future conflicts. The Government requested that discussion of the issue should be widened to include early-warning components that relate to the world of work. It also emphasized that this was a highly timely topic that was likely to remain so.

(d) Relation to existing instruments

115. In addition to Recommendations Nos. 71, 68, 72, and 73, mentioned above, a number of other international labour standards are linked to this topic, including the Labour Administration Convention (No. 150) and Recommendation (No. 158), 1978; the Employment Policy Convention, (No. 122) and Recommendation (No. 122), 1964; the Discrimination (Employment and Occupation) Convention, 1958 (No. 111) and Recommendation (No. 111), 1958; and the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87).

(e) Progress made in research and preparatory work

116. Issues pertaining to skills training and employment promotion and Recommendation No. 71 have been a major thrust of the work undertaken by the ILO Action Programme on Skills and Entrepreneurship Training for Countries Emerging from Armed Conflict in the Programme and Budget for 1996-97. The objectives of the studies undertaken were to generate country-level data and insights, guidelines, elements for policy-making, training materials, a database and follow-up action. These products are geared to strengthening the capacity of member States and others for planning and implementing effective reintegration programmes; strengthening the capacity of labour-related institutions -- ministries of labour, employers' and workers' organizations and grass-roots associations -- to contribute to reintegration programmes for conflict-affected groups and the general rehabilitation and reconstruction of their countries; empowering disadvantaged conflict-affected groups; and elaborating appropriate social and labour policies and legal frameworks, underpinned by relevant international labour standards.

117. National studies have been completed in 16 countries (Angola, Bosnia and Herzegovina, Cambodia, El Salvador, Ethiopia, Guatemala, Lebanon, Liberia, Mali, Mozambique, Namibia, Niger, Sierra Leone, South Africa, Uganda and Zimbabwe). Analytical synthesis reports are to be finalized by the end of 1997, which will distil the main findings. A national tripartite workshop (October 1997) in Ethiopia (also attended by observers from Djibouti, Eritrea, Uganda and Somalia) was organized to analyse the critical challenges to skills training and employment promotion for reintegrating conflict-affected groups and the lessons learnt and to identify concrete follow-up proposals for tackling the problem, including action by the ILO and its constituents. A tripartite interregional seminar on the reintegration of conflict-affected groups through skills training and employment promotion (Turin, 3-7 November 1997), attended by participants from Angola, Bosnia and Herzegovina, Cambodia, El Salvador, Ethiopia, Guatemala, Lebanon, Liberia, Mozambique, Rwanda and Northern Ireland, provided an opportunity to pre-test and disseminate the programme's findings. More specifically, it examined the challenges offered for employment and skills training by the reintegration of conflict-affected groups and the need to develop an appropriate ILO policy framework to promote skills training and employment in post-conflict situations, as well as follow-up on the ILO Action Programme on Skills and Entrepreneurship Training for Countries Emerging from Armed Conflict, including an agenda for action by the ILO and its tripartite constituents. An informal consultative meeting for Workers' delegates at the International Labour Conference (June 1997) also provided insight into workers' experience and roles in the conflict-affected context and into what guidance and assistance they require from the ILO.

118. The findings of the studies and the seminars, together with the insight generated from current ILO technical assistance activities and other investigations of ex-combatants, will contribute to the preparatory work for a general discussion on the subject if the proposal is accepted.

(f) Future prospects

119. Apart from Finland, several constituents have expressed views concerning the urgent need for intensified ILO action and guidelines on the conflict-affected context and the roles of constituents in this sphere. Action by various countries at the interregional and national seminars will help define in more precise terms the nature and scope of the general discussion and of the proposals for follow-up standard-setting activities that could follow.

8. Other proposal

120. Free export zones: the Workers' group advocates a general discussion of this topic.

D. Labour administration

9. The role of labour inspection in the application of Conventions on basic human rights at work

(a) The problem

121. In recent years, major changes have taken place in the social systems of many countries. As a result, the system of labour inspection based on principles that broadly conform to the system proposed by the Labour Inspection Convention, 1947 (No. 81) has become fairly widespread and the number of ratifications to date has reached 120. What is the reality behind these apparent transformations? Which systems have yet to succumb to the logic of the Convention and why?

122. However, the considerable success of Convention No. 81 does not go hand in hand with the existence of effective administrative bodies capable of assuming the responsibility of implementing labour law. On the contrary, the phenomenon, which is not a new one, of labour inspection authorities lacking the means to visit enterprises or the independence required to carry out their tasks appears to be spreading.

123. When we consider what is at stake when defining basic standards, we must ask ourselves who is responsible for monitoring the application of those standards at national level? Should we not promote the crucial role of the labour administration in this area?

(a) Proposed solution

124. In order to support constituents' efforts in implementing the basic ILO standards in their respective countries, the Organization should ideally review the problems encountered at different stages of that implementation as rapidly as possible as part of a general discussion.

125. The first level on which the general discussion should focus is on the way rules are drawn up according to the various national systems (legislation, case-law and collective agreements) while endeavouring to identify possible problems involved (interpretation of Conventions, procedural difficulties, questions of jurisdiction, adaptation to domestic conditions, effective institutions capable of setting in motion and following up this process).

126. The second level would be that of promoting and monitoring the application of those rules, still in accordance with national law and practice (labour inspection, special tribunals, procedures administered by the social partners); this would involve an examination both of the way the basic framework and specific instruments are adapted and of the conditions for effective implementation.

(c) Relation to existing instruments

127. The discussion would focus on the need to promote ratification and correct application of Conventions Nos. 81, 129 and 144 as the crucial instruments for the implementation of the basic ILO standards.

(d) Future prospects

128. The Office was the originator of this proposal for which to date no preparatory work has been done. If the Governing Body considers that more detailed work on the subject is required, the Office could undertake preliminary research.

E. Industrial relations

10. The settlement of labour disputes ⁽¹¹⁾

(a) The problem

129. Labour disputes and industrial conflict cannot obviously be prevented totally. What is important ultimately is the need to understand, prevent and settle them as quickly and as reasonably as possible. The incidence of labour disputes and how they are handled and resolved vary from country to country: in some the rate of disputes has been maintained at certain levels, while in others either a marked decline or increase in the number of disputes is being experienced.

130. In this age of change, new technology, flexibility and globalized markets, there are general indications of increasing changes in the nature and types of labour disputes and in the way they are treated and resolved. Collective bargaining, conciliation and mediation, arbitration and labour adjudication continue to be the principal methods of dispute settlement. However, new and innovative tools and techniques and approaches to negotiation and conflict resolution are being developed and applied in many countries, which are in turn being studied closely for possible adaptation and use by others. There is an ongoing search for improvements in the traditional approaches and to find new and effective means of preventing and settling labour disputes and industrial conflicts in a changing work environment.

131. Labour disputes and their prevention and resolution are central issues in industrial relations. The prompt and equitable settlement of labour disputes is an important basis for sound labour relations. For this purpose, it is essential to establish and maintain appropriate dispute settlement machinery.

132. Some of the basic and urgent questions that can be addressed are the following. How can the effective prevention and settlement of labour disputes be promoted? What can be done to improve and strengthen the existing dispute settlement machinery? What are the prevailing rate and nature of labour disputes in various countries? What new and innovative ways are there of preventing and resolving labour disputes that have been successfully introduced? What is the appropriate role of governments, and of employers' and workers' organizations, in promoting and facilitating the effective prevention and settlement of labour disputes?

(b) Proposed solution

133. It is proposed to include in the portfolio the subject of the settlement of labour disputes for general discussion. A general discussion would prove highly valuable and would assist many member States that feel ill-equipped to provide services or help in the prompt and just resolution of conflicts. The general discussion could cover such topics as how to improve existing machinery, including the necessary institutional and legal framework for the effective prevention and settlement of labour disputes; new and innovative ways of preventing and settling labour disputes; the role of the social partners; and the need and prospects for relevant technical cooperation programmes.

(c) Origin of the proposal

134. The proposals on this subject are substantially similar to those presented to the Governing Body at its 261st, 262nd, 267th and 268th Sessions.

135. At the Governing Body's 267th and 268th Sessions, the Employers' and Workers' groups agreed that the item should not be taken up for standard setting but could be retained as a general discussion item. The Governments of Argentina, Austria, Mexico, South Africa and Spain favoured a general discussion, while Congo and the Russian Federation supported its being taken up for standard setting.

(d) Relation to existing instruments

136. The existing international labour standards on dispute settlement are of a general nature, reflecting the wide variety of existing systems. They include the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), the Collective Agreements Recommendation, 1951 (No. 91), the Voluntary Conciliation and Arbitration Recommendation, 1951 (No. 92), the Collective Bargaining Convention, 1981 (No. 154), the Collective Bargaining Recommendation, 1981 (No. 163), the Examination of Grievances Recommendation, 1967 (No. 130), and the Labour Relations (Public Service) Convention, 1978 (No. 151).

(e) Progress made in research and preparatory work

137. The prevention and settlement of labour disputes as an essential component of industrial relations has been a continuing major activity of the Office. Although not the direct subject or objective of an activity, this topic is almost always automatically subsumed in activities or projects for the improvement or promotion of sound labour relations. It is a subject that is thought to be of basic importance, particularly in developing countries and countries in transition to a market economy.

138. In response to previous demand from many developing countries, a Training Manual on Conciliation and Mediation is due to be published by the Office before the end of 1997. During the past two years various training workshops and seminars on dispute settlement, focusing on conciliation, mediation and arbitration, have been conducted regularly at various levels in almost all regions.

(f) Future prospects

139. There appears to be a broad consensus among constituents on the importance of the settlement of labour disputes in the field of industrial relations. The divergence of views among members of the Governing Body was on whether the subject was appropriate for a general discussion or for standard setting. It has been observed that while many new developments and changes have taken place which can be instructive, there remains a wide variety of national labour dispute settlement machinery and practices. However, at its session in March 1997 the Governing Body decided that it was not yet time to put the settlement of labour disputes on the Conference agenda, but that it should remain and the proposals for a general discussion retained.

140. During the consultations on the portfolio in May 1997, 13 member States referred to the proposal (Australia, Austria, Chile, China, Cyprus, Finland, Germany, Myanmar, Peru, Romania, Sri Lanka, Suriname and the United Kingdom). Twelve of those member States supported the proposal, while one expressed serious reservations.

141. Of the governments that supported the proposal, three unequivocally advocate standard-setting action. Austria proposes the adoption of a Recommendation. Australia advocates preliminary general discussion before adopting any standards in this area which it considers particularly sensitive. Myanmar does not specify the type of standard-setting action it considers appropriate.

142. Three States, Chile, Cyprus and the United Kingdom propose a general discussion, and Cyprus wants the discussion to include the question of essential services.

143. China, Finland, Peru, Romania, Sri Lanka and Suriname do not specify in what form the item should be considered by the Conference. In the case of Finland, the proposal was retained at the express wish of the employers' representatives.

144. One government opposes the inclusion of the question on the Conference agenda. The country in question is Germany, for whom the considerable reservations already expressed in the Governing Body regarding a Conference discussion of this topic (even in the form of a general debate) continue to exist.

11. Workers' participation in decision-making at the level of the enterprise

(a) The problem

145. Workers' participation in decision-making at the level of the undertaking can be envisaged in two ways. The first is institutional participation, where participation is through workers' representatives. Institutional participation has existed in some countries for many years. The second, more recent form, is direct participation, where workers become directly involved in decisions concerning their work at the shop-floor level.

(b) Proposed solution

146. There are various possible levels, or degrees, of worker participation in decision-making at the level of the undertaking today. For some enterprises, having a suggestion box where employees can make recommendations or suggestions constitutes worker participation. At the other extreme, there are cases where workers, or their representatives, have been granted a seat on the board of directors of an enterprise and are actively involved in all management-level decisions.

147. Major steps were taken towards the promotion of workers' participation in decision-making when 17 European States adopted legislation requiring the establishment of European works councils (EWC), as mandated by the European Works Council Directive. The Directive is somewhat limited in scope, however, as it only applies to large, community-scale undertakings, i.e. those with at least 1,000 employees within the participating States, and at least 150 employees in each of two or more participating States. According to the Directive, covered employees in participating member States must be "properly informed and consulted when decisions which affect them are taken in a member State other than that in which they are employed". The EWCs are intended to inform and consult workers regarding business decisions that affect the workforce and have an impact on employees' interests.

148. The creation of the EWCs, and the attention that the Directive has attracted worldwide, also raises the visibility of worker participation and consultation efforts in non-European countries. Nevertheless, the Directive has its limitations: it excludes all small and medium-sized undertakings, as well as those operating in fewer than two participating States.

(c) Origin of the proposal

149. This issue was included among the proposals for future standard setting in the 1987 Ventejol report. During the consultations on the portfolio conducted during May 1997, six member States referred to this question (Australia, Chile, Croatia, Germany, Myanmar and Sri Lanka) and requested its inclusion in the portfolio. Many workers' organizations also expressed clear support for the proposal.

(d) Relation to existing instruments

150. The current proposal to establish a standard for workers' participation in decision-making is related to one existing Convention and three Recommendations:

Workers' Representatives Convention, 1971 (No. 135) (Convention concerning Protection and Facilities to be Afforded to Workers' Representatives in the Undertaking -- ratified by 58 countries);
Workers' Representatives Recommendation, 1971 (No. 143) (Recommendation concerning Protection and Facilities to be Afforded to Workers' Representatives in the Undertaking -- accompanies Convention No. 135);
Cooperation at the Level of the Undertaking Recommendation, 1952 (No. 94) (Recommendation concerning Consultation and Cooperation between Employers and Workers at the Level of the Undertaking);
Communications within the Undertaking Recommendation, 1967 (No. 129)
(Recommendation concerning Communications between Management and Workers within the Undertaking).

(e) Progress made in research and preparatory work

151. Some research has been done on the subject. As provided for in the Programme and Budget for 1998-99, a research project on workers' representation in multinational enterprises will be undertaken. It is thus expected that, by the end of 1999, a substantial amount of the preparatory work will have been carried out.

(d) Future prospects

152. At present, there is no worldwide consensus on the definition of the concept of workers' participation in decision-making. It would hence be difficult to achieve a consensus on a meaningful instrument at this stage.

153. Before proceeding on the development of an instrument, it would first be necessary to decide whether to focus on representative (or institutional) forms of workers' participation or on direct workers' participation, since the two forms are quite distinct. The above EU Directive, for example, focuses on representative forms of workers' participation. However, the EU has recently been undertaking a large-scale survey on the practice of direct participation in European countries with a view to determining the feasibility of developing a directive or guidelines on this issue. It would also be necessary to have clear ideas about the issues (e.g. work organization, personnel policies, safety and health, training, work environment, etc.) with respect to which the possible instrument could promote workers' participation in decision-making. The choice of the appropriate means of participation (whether it be information sharing, consultation, negotiation, etc.) would also have to be made with care, although the instrument could be flexible on this issue, as is the case with the EU Directive.

154. Due to the difficulties involved in reaching consensus on the concept, extensive preparatory work would be needed before it could be placed on the Conference agenda for standard setting.

155. Among the replies received during the consultations of May 1997, those of Australia and Chile contain comments on the appropriateness of standard-setting action. Australia is in favour of a preliminary general discussion "in order to ascertain the views of ILO constituents as to the appropriateness of adopting standards on the topic". Chile proposes the adoption of a Recommendation.

156. Croatia indicates that this item is of particular concern to it, as it undoubtedly concerns most transition States. On the other hand, the item is not a priority issue for Germany.

157. Another State, Mauritius, suggested that the related issue "Workers' participation" should be examined by the Conference.

158. A workers' organization brought up the related issue of "working in self-managing teams".

12. Other proposals

159. Multinational enterprises: many workers' organizations requested the inclusion in the portfolio of a proposal concerning questions of information sharing, consultation and collective bargaining within multinational enterprises. It will be recalled that this theme is already covered by the Tripartite Declaration of Principles concerning Multinational Enterprises and Social Policy adopted in 1977. It is also addressed by the proposal concerning workers' participation in decision-making at the level of the enterprise (item 11 above). However, the Workers' group considers that the subject should be dealt with in a more detailed proposal which should be included in the portfolio.

160. Protection of individuals' employment rights: one workers' organization has expressed the wish for this proposal, which could address issues relating to industrial tribunals and arbitration procedures, to be included in the portfolio. It also expressed an interest in questions relating to the protection of workers in matters of discipline and works rules. Another workers' organization brought up the related issue of the right of workers to a written employment contract.

161. Collective lay-offs: this item was proposed by Romania either for general discussion or standard-setting action.

162. Collective bargaining: Egypt considers that a proposal in this area could be included in the agenda of future sessions of the Conference and emphasizes the universal relevance of the issue and its importance "for stabilizing the relationship between the parties to production under new economic changes, including wages and conditions of employment".

163. Informal sector: Brazil and Tunisia consider that this question could be dealt with in a general discussion. Egypt is submitting a similar proposal under the heading "Marginal Work". Lastly, the workers' organizations request that social security protection should be extended to the informal sector.

F. Conditions of work

13. Working time arrangements

(a) The problem

164. This proposal can be presented in two different ways. On the one hand, it covers the issue of working time arrangements as such. At present, many countries are setting up working time arrangement procedures aimed at reconciling the needs of the enterprise and those of workers. These procedures encompass calculation of average annual hours of work, staggered timetables, the compressed working week, flexible working hours or shift work. At the same time, the proposal is closely linked to the question of length of work.

165. The issue of hours of work is of universal relevance. Working time arrangements, on the other hand, are governed by regulations at national level, mainly in certain industrialized countries.

(b) Proposed solution

166. Consideration could be given to the adoption of new standards in this area and/or to the revision of existing standards. Any standard-setting action could be preceded by a preliminary general discussion with a view to determining the appropriate standard-setting action and the content of any new instrument or revised instruments.

167. The Governing Body, on the recommendation of the LILS Committee, also plans to carry out a general survey on the subject (see paragraph 170 below). The Governing Body will have to determine the most appropriate procedure.

(c) Origin of the proposals

168. The question of new standards on working time arrangements and/or revision of existing standards on hours of work has been discussed since the 1960s and has been mentioned as a survey topic in Governing Body documents setting the Conference agenda from 1994 to 1998.

169. In 1993, the Meeting of Experts on Working Time acknowledged that some of the provisions contained in the Hours of Work Conventions (Nos. 1 and 30) did not adequately reflect recent developments in the area of working time arrangements, although those Conventions remained relevant in other ways. A majority of the experts favoured revision of the Conventions make them reflect those concerns and to include provisions guaranteeing the necessary flexibility and adequate protection for workers.

170. The Working Party on Policy regarding the Revision of Standards of the LILS Committee has examined a number of Conventions of relevance in this area. In November 1996, it recommended that the Committee should carry out a general survey on Conventions Nos. 1 and 30 as a preliminary to a possible revision of those Conventions. The Governing Body has not yet set a date for the general survey in question.

171. The Working Party also recommended that two sectoral Conventions of relevance to the issue of hours of work should be included among the Conventions considered for revision. These are the Sheet-Glass Works Convention, 1934 (No. 43) and the Reduction of Hours of Work (Glass-Bottle Works) Convention, 1935 (No. 49). With regard to the Forty-Hour Week Convention, 1935 (No. 47), the Working Party recommended maintenance of the status quo pending the adoption of revised standards on hours of work and working time arrangements.

172. Lastly, during the consultations that took place in May 1997 a considerable number of member States referred to this item. The 15 governments that referred to the item all supported it (Argentina, Australia, Austria, Cambodia, Chile, China, Croatia, Germany, Greece, Italy, Myanmar, Peru, Romania, Sri Lanka and the United Kingdom).

(d) Relation to existing instruments

173. The Hours of Work (Industry) Convention, 1919 (No. 1), is the primary international labour standard and one that has proved most influential. Since 1919, the ILO has adopted many other standards relating to hours of work. The majority concern hours of work in particular sectors, the most important being the Hours of Work (Commerce and Offices) Convention, 1930 (No. 30). Another example is the Hours of Work and Rest Periods (Road Transport) Convention, 1979 (No. 153).

174. The ILO has not adopted any specific standard in the area of working time arrangements. The instrument closest to a modern conception of working time regulation is the Reduction of Hours of Work Recommendation, 1962 (No. 116). In addition, all those instruments concerning weekly rest periods, paid leave or part-time work are closely linked to this issue.

(e) Progress made in research and preparatory work

175. The Office has accorded an important place to research on problems relating to working time. There have been many studies on hours of work since the early 1980s. Four files have been published in the Conditions of Work Digest series, namely, "Flexibility in working time" (1986), "Part-time work" (1989), "The hours we work: New work schedules in policy and practice" (1990) and "Working time around the world" (1995). There have also been studies on working time in different sectors for the sectoral committees, meetings and tripartite symposia.

176. Although important preparatory work has been done in this field, the question has been studied more from the point of view of hours of work than of emerging forms of working time arrangements. It might be possible to intensify the research done by the Office on the latter aspect.

(f) Future prospects

177. To date, it has not been possible to achieve a consensus on this item. The last Meeting of Experts on Working Time in 1993, agreed that conditions were not suitable for the adoption of a code of practice on working time arrangements at plant level. Governments and the Workers' group have nevertheless expressed support for the revision of existing instruments. During the consultations on the portfolio conducted in May 1997, the workers' organizations reiterated their support for a revision of Conventions Nos. 1 and 30.

178. Of the replies from the 15 States which supported the proposal during the May consultations, eight contain substantial comments in favour of standard-setting action (Argentina, Australia, Cambodia, Chile, Croatia, Greece, Italy and Myanmar).

179. Seven of the States which unequivocally support standard-setting action (Argentina, Australia, Chile, Croatia, Greece, Italy and Myanmar) provide additional details regarding the form which that standard-setting action might take.

180. Argentina proposes revision of Convention No. 1 to allow "a progressive reduction in working hours from 2,400 hours per year [...] to 1,500 hours per year as a new upper limit applicable in all member States from the year 2010". It also proposes "extensive decentralization in the execution [...] in such a way as to allow the social actors to use collective agreements to adjust working hours and rest breaks and to spread the costs entailed by any reductions". Chile advocates the adoption of an additional Protocol to Conventions Nos. 1 and 30. Italy considers that it would be appropriate to consider revision of the existing Conventions and accords particular importance to measures aimed at facilitating working time arrangements and reducing hours of work.

181. Croatia and Greece refer to new standards but give no details.

182. Australia and Myanmar "would support a proposal for a General Survey to be carried out [...] before deciding whether new standards are appropriate".

183. Lastly, Austria advocates a general discussion without specifying whether or not this could lead to standard-setting action. It alters the wording of the proposal to include "new forms of working time". The United Kingdom considers that this question should only be dealt with in a general discussion.

184. Germany considers that the item is not a priority issue.

14. Protection of workers' personal data⁽¹²⁾

(a) The problem

185. The question of data protection must be seen in the wider context of concerns relating to privacy and human dignity. Progress in information technology has considerably enhanced the ability of employers to collect, store and process personal data on their employees as well as their ability to absorb data rapidly from other sources. Such data can be gathered without the knowledge of the workers concerned. They can also be used for purposes other than those for which they were originally collected or passed on to unauthorized third parties. This is a source of particular problems for workers and could result in certain forms of discrimination in employment or occupation.

186. These problems are not unique to the industrialized countries. They are found almost everywhere. Modern telecommunications, the rapid fall in the costs of information technology, the globalization of the economy and the transfer of technology including the introduction of data-processing systems developed in the developing countries, multiply the risks of violation of workers' privacy in an increasing number of countries.

(b) The proposed solution

187. In view of the increasing use of electronic technologies at the workplace, the spread of such technologies throughout the world, and the increasing internationalization of data processing, it is reasonable to consider the establishment of new ILO standards on the protection of workers' personal data. While recognizing employers' prerogatives in the matter of recruitment and supervision, these new standards would set out general principles governing the protection of personal data and other aspects of workers' privacy which might be raised by certain data-collection methods. Such standards could acknowledge the advantages inherent in automatic data processing while setting out principles for minimizing the risks of violating employees' basic liberties. The new standards would also define what is meant by personal data and the areas to which those data refer, and would include provisions for sharing information with employees and for consultation and negotiation with their representatives on the introduction or adaptation of methods for gathering and using employees' personal data. They would also contain provisions on the creation or designation of national bodies responsible for monitoring their application.

(c) Origin of the proposals

188. This proposal was submitted for examination by the Governing Body for possible inclusion in the Conference agenda for 1995, 1996, 1997 and 1999. To date it has not been selected. It was brought up previously by a number of ILO bodies (consultative committees, the 1987 Ventejol Working Party, the Director-General's Report in 1988 and meetings of experts.).

189. Participants at the Meeting of Experts on Workers' Privacy could not agree on the possibility of adopting international standards in this field, and therefore made no recommendation. However, a code of practice was adopted.

(d) Relation to existing instruments

190. Protection of workers' personal data has not been covered by specific ILO standards, with the exception of certain provisions on the protection of data concerning workers' health included in several instruments relating to health-care services at the workplace, maximum weight and night work. However, the Declaration of Philadelphia states as a general principle that all human beings have the right to pursue their material well-being in conditions of freedom and dignity. Moreover, measures to protect workers' privacy play a part in the application of the principle of equality of opportunity and treatment in employment recognized in the Discrimination (Employment and Occupation) Convention, 1958 (No. 111).

(e) Progress made in research and preparatory work

191. Research and preparatory work in this field are comparatively far advanced, and were carried out in particular for the 1991 and 1993 issues of the Conditions of Work Digest on Workers' Privacy (Protection of personal data and Monitoring and surveillance in the workplace), and for the 1996 Meeting of Experts.

(f) Future prospects

192. This item has been submitted for examination by the Governing Body on several occasions. There has been no strong opposition to it, but nor has any consensus been reached to date. Bearing in mind the recent adoption of a code of practice in this area, the Governing Body could wait until the effect of that code of practice becomes known and defer selection of this proposal to a later date.

193. During the consultations conducted in May 1997, ten member States expressed support for the proposal (Australia, Chile, Finland, Germany, Greece, Myanmar, Nicaragua, Sri Lanka, United Kingdom and Uruguay) and the workers' organizations were also broadly in favour of it.

194. Two governments considered that the item was possibly not ripe for immediate inclusion on the Conference agenda. Germany and Finland considered that discussion of the item would be premature and proposed awaiting the impact of the code of practice. Nicaragua hoped that the question would be examined "at future Conferences".

195. On the other hand, Australia, Chile, Greece and the United Kingdom are unequivocally in favour of standard-setting action. Chile advocates the adoption of a Convention complemented by a Recommendation. Australia proposes a preliminary general discussion to assess the usefulness of the code of practice and the need for standard-setting action.

196. Uruguay and Sri Lanka do not state clearly whether or not they support standard setting.

15. Prevention of sexual harassment at the workplace

(a) The problem

197. Sexual harassment in the working environment is a universal problem. While there are several definitions, the one most commonly cited is that of the European Commission's 1991 Recommendation on the protection of the dignity of women and men at work. There are various definitions, which differ only in detail. The key elements are:

(i) conduct of a sexual nature and other conduct based on sex affecting the dignity of women or men which is "unwelcome, unreasonable and offensive to the recipient";

(ii) a person's refusal or rejection of such conduct on the part of employers or fellow workers which is used implicitly or explicitly as a basis for a decision that affects a person's job;

(iii)conduct that creates an "intimidating, hostile or humiliating environment" (e.g. physical or verbal attack, offensive gestures and displays, sexual jokes).

198. The articulation of this concept in recent years has led to a widening recognition of its existence in all parts of the world. While it has not yet been regulated by law in most countries, the number of those that penalize, and even criminalize, this behaviour is growing rapidly. Legislation that addresses the subject directly has been adopted in the last two years, according to information available in the Office, in Australia, Belgium, Belize, Brazil, Costa Rica, Finland, France, Ireland, Japan, Paraguay, Philippines and Switzerland. Very large numbers of individual employers in the public and private sectors (including the ILO), as well as trade unions, have developed guidelines and codes of practice on sexual harassment. This problem, which can also lead to loss of employment, is also dealt with through judicial decisions rather than through specific legislation, as documented in recent Office research. In addition, the Office's experience indicates that even when the phenomenon in a particular society is denied by some, its existence is equally positively asserted by those who suffer from it, indicating that lack of awareness of its existence does not necessarily mean that it is not present.

(b) Proposed solution

199. It is proposed to include in the portfolio the subject of sexual harassment for additional research and preparatory work, which might lead in the foreseeable future to consideration of a normative instrument. While the subject is clearly appropriate for the adoption of standards (see below concerning standards already adopted and other treatment of the issue), international consensus and national standards on the definition and concepts may not yet have proceeded far enough to allow the ILO to make concrete recommendations for an instrument to be adopted on the subject. Additional research is needed to form a basis for proposals.

(c) Origin of the proposal

200. The Committee of Experts discussed the question of sexual harassment in the course of its work on the 1995 General Survey on equality in employment and occupation. It was also discussed in the Special Survey on equality adopted by the Committee of Experts in 1996, and at the Conference in 1996 (see especially paragraphs 39, 40, 179 and 180 of the Special Survey).

201. This subject has also been dealt with in ILO sectoral meetings: as early as 1992 the Standing Technical Committee for Health and Medical Services included a strong statement about the extent to which sexual harassment constitutes a problem in that sector, and recommendations by employers' and workers' organizations as well as governments to deal with it.⁽¹³⁾ Office publications and training materials on combating discrimination on the basis of gender also deal with this problem.

202. As regards international organizations other than the ILO, mention has already been made of the European Commission Recommendation of 1991 on the protection and dignity of women and men at work.

203. The United Nations has also dealt with this issue. It was discussed at the Fourth World Conference on Women (Beijing, 1995). The Committee on the Elimination of Discrimination against Women, which supervises the implementation of the Convention on the Elimination of all Forms of Discrimination against Women, has -- like the ILO -- dealt with sexual harassment as a form of discrimination on the basis of sex, and as a form of violence against women. Its General Recommendation No. 19 on violence against women clarifies what constitutes sexual harassment under that Convention, and recommends that states parties include in their reports information on sexual harassment and on measures to protect women from sexual harassment at the workplace, and that states parties take all legal and other measures necessary to provide effective legal and preventive measures for the protection of women against all gender-based violence. The subject is also within the mandate of the United Nations Special Rapporteur on Violence Against Women.

(d) Relation to existing instruments

204. The Committee of Experts has addressed sexual harassment under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), as a form of discrimination on the basis of sex, a prohibited ground under that Convention. A prohibition of sexual harassment in work-related situations -- the only explicit such treatment in any international Convention -- was adopted by the International Labour Conference in 1989, in Article 20 of the Indigenous and Tribal Peoples Convention (No. 169).

(e) Progress made in research and preparatory work

205. As indicated above, while a certain amount of information has been gathered, more comprehensive research probably needs to be done before putting forward a precise proposal. It may be recalled that the Symposium on Sexual Harassment in the Programme and Budget for 1996-97 was replaced, in the course of the biennium, by the Meeting of Experts on Workers' Privacy, which has slowed down planned work in this area.

(f) Future prospects

206. A considerable number of member States showed a very definite interest in this proposal during the consultations held last May. Twelve States took up and supported the proposal (Australia, Cambodia, Chile, Germany, Greece, Myanmar, Nicaragua, Panama, Romania, Sri Lanka, Suriname and the United Kingdom). The workers' organizations largely favoured the adoption of a Convention on this question.

207. Five governments made statements in support of standard-setting action, while the others had nothing specific to add. Australia, Cambodia, Chile, Panama and the United Kingdom clearly favoured standard-setting action. Chile proposed the adoption of a Convention supplemented by a Recommendation. Australia and Panama respectively endorsed the adoption of a Recommendation and a Convention, while the two other governments did not specify the type of standard-setting action envisaged.

208. Romania suggested that the question could be included in the portfolio as a subject for general discussion or for the adoption of new standards.

16. Other proposal

209. Flexible working/family-friendly policies: the United Kingdom wished to include this proposal in the portfolio. In its view, this item should be included in the agenda of the Conference as a point for general discussion.

G. Occupational safety and health

17. Recording and notification of occupational accidents and diseases ⁽¹⁴⁾

(a) The problem

210. Despite significant advances in dealing with many of the challenges to the safety, health and well-being of workers, some 220,000 work-related deaths still occur each year. In addition, each year approximately 125 million workers worldwide are injured or fall ill due to work-related accidents and diseases. A major obstacle to preventing loss of life and injury on this scale is the absence of reliable information on the causes of these accidents and diseases.

211. Previous Conventions and Recommendations have dealt only to a very limited extent with the effective recording and notification of occupational accidents and diseases as a tool for preventive action. In practice, they do not cover methods of recording and notification, do not specify appropriate national procedures or systems, and do not include sufficient guidance. The Employment Injury Benefits Convention, 1964 (No. 121), requires that national legislation should prescribe a list of occupational diseases broad enough to cover at least the diseases enumerated in Schedule I to the Convention. This ILO reference list, last amended in 1980, needs thorough revision.

212. Measures at the level of the enterprise for the recording of occupational accidents differ greatly. While large enterprises tend to make detailed records of accidents and their causes, smaller enterprises are less likely to do so. Different recording systems might be in use in specific sectors of the economy of one country. The notification of occupational accidents is generally linked either to a national compensation scheme and/or to a statutory requirement of reporting to the competent authority. In general, only compensated accidents or those meeting certain criteria are covered by the national notification schemes, while many minor accidents are not considered.

213. The recording and notification of occupational diseases is even more complicated. Some countries have a list of specified diseases which may be similar to Schedule I (as amended in 1980) to Convention No. 121. Other member States operate a so-called mixed system (prescribed diseases and other diseases). As a result, national statistics on occupational diseases differ with respect to the diseases covered, their definitions, the criteria for the recognition of such diseases and the coverage of working populations. A fairly large number of developing countries are not in a position to collect or publish national data on occupational diseases due to a lack of national expertise or facilities for the diagnosis of occupational diseases, or both.

214. The application of different definitions, differences in collection and notification procedures for occupational accidents and diseases, as well as lack of national expertise, lead to diverse situations in member States. The number of cases of occupational accidents and diseases that go unreported is impossible to quantify.

215. During the adoption of the code of practice on the recording and notification of occupational accidents and diseases in 1994,⁽¹⁵⁾ the experts stressed that the collection, recording and notification of data concerning occupational accidents and diseases and the identification of their causes, were instrumental to the prevention of occupational injuries, and agreed that it was the task of the competent authority to establish and implement a national system. The experts acknowledged the value of and the need for guidance by lists of occupational diseases, as well as the difficulties inherent in the reference to a list established 15 years ago, and recommended that Schedule I to Convention No. 121 be updated.

(b) Proposed solution

216. International standards on the recording and notification of occupational accidents and diseases would provide for the harmonized collection of consistent and comparable data, comparative analysis, implementation of policy and programmes for preventive action, promotional measures at the national level and at the level of the enterprise, and for the economical and meaningful use of scarce resources all over the world for the protection of the working population. A Convention containing basic principles, supplemented by a Recommendation, could be envisaged.

217. Revision of the list of occupational diseases. It would be appropriate at the same time for the Conference to consider updating the ILO list of occupational diseases together with the international instrument(s) that might be adopted on the recording and notification of occupational accidents and diseases. The proposed list of occupational diseases would have two purposes: (i) it would become the revised Schedule I to the Employment Injury Benefits Convention, 1964 (No. 121), i.e. it would be a list for compensation purposes; (ii) it would also be a list of occupational diseases for the new instrument(s), i.e. for the purpose of recording and notification. The new ILO list of occupational diseases will offer useful guidance on the health surveillance of workers exposed to specific occupational hazards and will promote close cooperation between insurance organizations and enforcement agencies.

(c) Origin of the proposal

218. A Conference agenda item on the recording and notification of occupational accidents and diseases was initially proposed for consideration by the Governing Body at its session in November 1989, but was not selected as an item for the 1991 Conference agenda.⁽¹⁶⁾ An item on the revision of the List of occupational diseases appended to Convention No. 121 (1964) was proposed to the Governing Body at its session in November 1992, but was not selected as an item for the 1994 Conference agenda.⁽¹⁷⁾ An item on the recording and notification of occupational accidents and diseases was again proposed for consideration by the Governing Body for the Conference agenda in 1996,⁽¹⁸⁾ 1997,⁽¹⁹⁾ and 1999.⁽²⁰⁾

(d) Relation to existing instruments

219. The Labour Statistics Convention, 1985 (No. 160), and its corresponding Recommendation (No. 170), as well as the resolution concerning statistics of occupational injuries adopted by the 13th International Conference of Labour Statisticians (1982), encourage the compilation of statistics of occupational injuries and diseases. The Occupational Safety and Health Convention, 1981 (No. 155), provides in Article 11 for the competent authority or authorities to ensure that procedures will be progressively established and applied for the notification of occupational accidents and diseases by employers and, when appropriate, insurance institutions and others directly concerned, and for the production of annual statistics. Under the terms of Paragraph 15 of the Occupational Safety and Health Recommendation, 1981 (No. 164), employers should be required to keep records relevant to occupational safety and health and the working environment. The Employment Injury Benefits Convention, 1964 (No. 121), requests that legislation shall prescribe a definition of industrial accidents and a list of diseases that shall be regarded as occupational diseases under prescribed conditions. National legislation should include a general definition of occupational diseases broad enough to cover at least the diseases enumerated in Schedule I to the Convention. According to the Protection of Workers' Health Recommendation, 1953 (No. 97), national laws or regulations should require the notification of cases and suspected cases of occupational diseases.

(e) Progress made in research and preparatory work

220. Based on the code of practice on the recording and notification of occupational accidents and diseases, a special endeavour was implemented by the Office in 1997 to develop more comprehensive and internationally comparable statistics on occupational fatalities. All member States were asked to explore the difficulties or special circumstances that they may be facing in gathering national data and communicate them to the ILO for evaluation.

221. Guidelines on the technical and ethical aspects of workers' health surveillance were prepared by an ILO Meeting of Experts in September 1997 which will assist in the design and implementation of a comprehensive workers' health surveillance system at both national and enterprise levels. This system comprises medical examinations, the recording and notification of occupational accidents and diseases as well as epidemiological studies and surveys.⁽²¹⁾

(f) Future prospects

222. Despite the proven usefulness of the code, it is obvious that international standards could help to improve and better harmonize both the terminology and the procedures with a view to compiling consistent and comparable data, providing the basis for coherent national, sectoral and enterprise-level policies, preventive measures and efforts to improve the international comprehensiveness, comparability and analysis of statistics on occupational accidents and diseases.

223. Eleven member States took up this proposal during the consultations held last May. Ten of them were in favour of the subject remaining in the portfolio (Australia, Austria, Cambodia, Chile, China, Finland, Malaysia, Nicaragua, Sri Lanka and the United Kingdom). One government expressed reservations. The workers' organizations expressed strong support for this proposal, and also for the revision of the list annexed to Convention No. 121.

224. Of the ten governments in favour of this question, eight made statements in support of standard-setting action (Australia, Austria, Cambodia, Chile, Finland, Malaysia, Nicaragua and the United Kingdom).

225. Six of these governments specified the type of standard-setting action they deemed appropriate. Austria, Malaysia and Nicaragua were of the view that the adoption of a Convention and a Recommendation could be considered straight away. The United Kingdom favoured the adoption of a Recommendation. Chile suggested the possibility of adopting an additional Protocol to Convention No. 121. Australia "would support a proposal for general discussion in the first instance in order to ascertain the views of ILO constituents as to the appropriateness of adopting standards".

226. One State, Germany, expressed reservations. In principle, it was in support of a Conference discussion, but it foresaw practical difficulties and suggested to initially consider the adoption of an instrument relating solely to the recording of occupational accidents and to postpone the preparation of standards on the recording of occupational diseases.

18. Safety and health in agriculture

(a) The problem

227. Agriculture is a very complex and heterogeneous sector. It involves a number of specific situations which vary from country to country and between developed and developing countries, from highly mechanized agriculture in plantations to traditional methods in small-scale subsistence agriculture. One of the distinguishing characteristics of agricultural work is that it is carried out in an essentially rural environment where working and living conditions are interwoven. Furthermore, "agriculture" covers not only farming, but also many other things such as crop processing and packaging, irrigation, pest management, grain storage, poultry, piggeries, fisheries, manure and associated domestic tasks (carrying water or fuel-wood, etc.). There are also environmental implications related to the degradation of natural resources and local and global environmental changes, which have to be considered. Agriculture is hence clearly both a specialized subject in itself and involves many subsectors that require specialized expertise. It is also a sector traditionally neglected as a result of the emphasis placed on industrial development, as well as the difficulties involved in dealing with its multiple problems. Economic and technological changes have had an impact on the employment and working conditions of agricultural workers and therefore on the quality of work and life.

228. Agriculture is one of the most hazardous occupations worldwide. According to ILO estimates, some 170,000 agricultural workers are killed each year. The increasing use of machinery and of pesticides and other agrochemicals has aggravated the risks. This is particularly evident in developing countries, where education, training and safety systems are largely inadequate. Agriculture is a particularly hazardous occupation even in the industrialized countries: in the United States the National Safety Council has ranked agriculture as one of the three most hazardous industries. Machinery such as tractors and harvesters have the highest injury and fatality rates. Exposure to pesticides and other agrochemicals constitutes one of the major occupational risks. Although reliable data on pesticide poisoning are difficult to obtain due to deficiencies in reporting systems, developing countries consume more than 20 per cent of world production and are responsible for approximately 70 per cent of the total number of cases of acute poisoning occurring in the world, which corresponds to more than 1.1 million cases.

229. Agriculture employs half of the world labour force, and an estimated 1.3 billion workers are active in agricultural production worldwide. Although the proportion of the workforce engaged in agriculture is under 10 per cent in the more developed regions (and under 3 per cent in the United States), the proportion is over 50 per cent in less developed regions. Nearly half of the latter are in wage labour. Most agricultural workers are under-protected and have no access to occupational health services, particularly temporary workers and those in remote areas. Temporary work in agriculture is characterized by casual forms of labour, precarious working conditions and little or no social protection. Temporary workers are more exposed to occupational hazards than other agricultural workers and are lower paid. Migrant workers may also have language and cultural difficulties at work and in their daily lives. Mobile and seasonal workers may suffer from multiple physical and chemical exposures that accumulate from different workplaces. The proportion of women and children in agricultural employment is increasing. Women now account for 20-30 per cent of total agricultural wage employment. Child labour is widespread, in some countries accounting for as much as 30 per cent of the agricultural workforce.

230. Official data on the incidence of occupational accidents and diseases is imprecise and notoriously underestimated. This may be explained by the fact that in agriculture, particularly hazardous work is likely to leave visible and immediate effects, such as serious accidents and acute poisoning, while other hazards are more difficult to evaluate. This could be chronic conditions due to noise, vibration, exposure to organic dusts or cumulative low exposure to pesticides, which lead to difficulties in the diagnosis and therefore to under-reporting in most countries. In addition, under-reporting is partially explained by the difficulties in establishing the employment status of agricultural workers: piece-rate, full-time or part-time work, seasonal and migrant work, etc. In many countries, agricultural workers are excluded from any employment injury benefit or insurance scheme, and the administrative machinery for collecting injury records and the incentive to report injuries are also insufficient. Nevertheless, agricultural workers suffer markedly higher rates of accidents and fatal injuries than workers in other sectors, with very few resources available for compensation. Fewer than 20 per cent of the world's agricultural wage-earners are covered by one or more of the nine contingencies of the ILO's Social Security (Minimum Standards) Convention, 1952 (No. 102). These are: medical care, sickness and maternity benefits, family benefits, unemployment benefits, employment injury, invalidity and survivors' benefits and old-age benefits.

(b) Proposed solution

231. A model strategy for developing occupational safety and health in agriculture was drawn up and tested within the framework of the ILO's Central American Project on Occupational Safety and Health in Agriculture, which started in 1993. The project strategy is oriented towards the implementation of a national policy for the improvement of the occupational safety and health of rural workers, the prevention of occupational accidents and diseases in agriculture and the protection of the environment. The ILO project has been promoting inter-institutional coordination involving all the relevant institutions at the national level: ministries of labour, agriculture, health and environment, social security institutions, trade unions, employers' organizations and NGOs. The experience gained through this project has demonstrated the need for an integrated approach including occupational, public and environmental health, which is consistent with current trends at the national and international levels. According to present technical assessments, the model is sound and its replication in other countries and regions advisable.

232. In line with the model, standards could be envisaged which should establish general principles covering appropriate work methods and practices in the agricultural sector, including the following main components: the legislative framework, inter-institutional coordination involving all the relevant institutions at the national level, a national structure (tripartite committee or council) responsible for the implementation of national policy on occupational safety and health in agriculture, a system of classification and prevention of occupational exposure to chemicals, a health surveillance system for occupational accidents and diseases, environmental protection measures and the strengthening of national capacity through information and training. These will include such elements as objectives, coverage and scope, definitions, application to and exception of specific forms of economic activity, ways of assessing risk of exposure, the role of the competent authorities, the responsibilities of employers, the rights and duties of workers, and information and training.

(c) The origin of the proposal

233. Within the Office a proposal to elaborate standards in the area of occupational safety and health in agriculture is mentioned among the work in preparation in the Programme and Budget for 1996-97, and it was one of the projects listed as making progress in the November 1996 document on the Conference agenda for 1999. A wide range of issues related to the conditions of employment and work of wage workers in agriculture were discussed at a sectoral meeting organized by the ILO in Geneva 1996. The resolutions adopted at that meeting emphasized the need for further studies, research and technical assistance in the field of agriculture.⁽²²⁾

(d) Relation to existing instruments

234. A series of ILO Conventions or Recommendations concern occupational safety and health issues relevant to agriculture or specific aspects of agriculture relevant to occupational safety and health. They include the following:

Migration for Employment Convention (Revised), 1949 (No. 97), and Recommendation (No. 86);
Plantations Convention, 1958 (No. 110), and Recommendation (No. 110);
Guarding of Machinery Convention, 1963 (No. 119), and Recommendation (No. 118);
Maximum Weight Convention, 1967 (No. 127), and Recommendation (No. 128);
Labour Inspection (Agriculture) Convention, 1969 (No. 129), and Recommendation (No. 133);
Occupational Cancer Convention, 1974 (No. 139) and Recommendation (No. 147);
Rural Workers' Organisations Convention, 1975 (No. 141), and Recommendation (No. 149);
Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148), and Recommendation (No. 156);
Occupational Safety and Health Convention, 1981 (No. 155), and Recommendation (No. 164);
Occupational Health Services Convention, 1985, (No. 161), and Recommendation (No. 171);
Chemicals Convention, 1990 (No. 170), and Recommendation (No. 177).

235. In spite of this multitude of related standards and although agriculture is covered along with all other sectors by the ILO's framework Convention on Occupational Safety and Health, 1981 (No. 155), there is no Convention dealing comprehensively with the safety and health problems of agricultural workers. Agriculture also tends to be excluded from the labour laws and occupational safety and health regulations in many countries. Even where regulations exist, they are applied only sporadically due to poor effective enforcement, inadequate understanding of legal provisions, a low level of notification and low unionization among workers. There is a need for a more holistic approach to occupational safety and health standards. Occupational safety and health in agriculture needs to be addressed with a well-defined strategy and must be integrated into a rural development policy involving both commercial (plantations) and small-scale farming.

(e) Progress made in research and preparatory work

236. Although the ILO, as background work, has elaborated a series of codes of practice and guides of direct concern to occupational safety and health in agriculture and related issues,⁽²³⁾ no preparatory work aimed at new standards specifically in this area has yet been undertaken.

237. Based on the experience gained through the implementation of the Central American Project on Occupational Safety and Health in Agriculture, the development of an international programme on occupational safety and health in agriculture has been identified as one of the key areas of intervention and will be an integral part of the ILO's Global Programme on Occupational Safety, Health and the Environment (Programme and Budget for 1998-99).

(f) Future prospects

238. The opinions expressed by constituents, the apparent areas of consensus and the points of divergence will be further clarified if and when preparatory work for a Convention is undertaken.

239. A considerable number of member States expressed their agreement with this proposal during the consultations held last May. Eleven governments took it up and strongly supported it (Australia, Chile, China, Finland, Germany, Greece, Myanmar, Panama, Sri Lanka, Tunisia and the United Kingdom). The workers' organizations also expressed their clear support for this proposal.

240. Five of the governments which took up this question specifically favoured standard-setting action (Australia, Chile, Finland, Panama and Tunisia), mainly in the form of the adoption of new standards.

241. Chile and Panama were in favour of adopting a Convention supplemented by a Recommendation. Australia, in spite of certain reservations as regards sectoral Conventions, "recognizes that farming is one of the most dangerous occupations, as is mining, and there is already a sectoral standard for safety in mines". It would support any proposal endorsing the adoption of a Convention. Finland considered that this subject, while particularly important for developing countries, was one of universal relevance. It thought that a new standard in this area "could further enhance the battle against the extreme forms of child labour, [as] numerous child labourers work on farms and in agricultural occupations". Lastly, Tunisia favoured the adoption of new standards and/or the revision of existing ones.

242. The United Kingdom was in favour of a general discussion.

19. Prevention of biological hazards in the workplace

(a) The problem

243. For the purpose of this document, the term "biological agents" refers to the traditional biological agents such as micro-organisms, cell-culture or human endoparasites, as well as to genetically modified organisms (GMOs) in the field of modern biotechnology. Biotechnology is broadly defined to include any technique that uses living organisms or parts of organisms to make or modify products, to improve plants or animals, or to develop micro-organisms for specific use. Modern biotechnology is also referred to as genetic engineering. The shift from traditional applications to the more complex techniques of genetic engineering in sectors such as agriculture and the pharmaceutical industries puts an estimated 16 million workers worldwide at the risk of exposure to biological agents.

244. Although reports on biologically related workplace incidents in the industrialized countries are sketchy, the development of regulations concerning protection from biological agents in these countries is gaining momentum. Economies in transition, especially those in Central Europe, are moving rapidly in biotechnology development and its safe applications. In the more technologically advanced developing countries in Asia and Latin America, biotechnology is given high priority in the development process. In Africa, the level of sophistication in biotechnology differs significantly from one country to another.

245. Given the inherent hazards of the biotechnology industry, awareness regarding biosafety in developing countries is relatively higher than safety and health concerns associated with the non-biological industries. The development of databases on biosafety in developing countries is becoming increasingly popular. This phenomenon is enhanced by the involvement of the biotechnology industry in a number of issues of major concern, such as intellectual property rights and their impact on higher productivity, improvement in the quality of agricultural produce and the conservation of the environment. In the process, inter-governmental initiatives, such as the International Centre for Genetic Engineering and Biotechnology (ICGEB, Trieste, Italy),⁽²⁴⁾ have been established with the aim of exploring biotechnologies and industrial opportunities. In the process, the expected hazards associated with the industry are giving cause for concern.

(b) Proposed solution

246. The adoption of new standards could be envisaged. The texts should establish general principles covering appropriate work methods and practices in the field of biotechnology, including risk assessment procedures and technical control, and organizational measures to safeguard the health of workers. Also covered will be pertinent issues concerning the protection of the public and the environment. The texts would include elements such as objectives, coverage and scope, definitions, application to and exemption of economic activities, ways of assessing risks of exposure, the role of the competent authorities, the responsibilities of employers, the rights and duties of workers and information and training.

247. The ILO has a leading role in promoting and addressing biosafety with respect to occupational safety and health. The Office has plans to prepare a draft code of practice on biological hazards and their prevention and to submit this code to a tripartite meeting of experts for discussion.

(c) Origin of the proposal

248. In 1993, the International Labour Conference adopted a resolution concerning exposure to and safety in the use of biological agents at work. Based on this resolution, the Governing Body requested the Director-General "to take steps to address the question of exposure to and safety in the use of biological agents at work and to consider the need for new international instruments in order to minimize the risks to workers, the public and the environment".⁽²⁵⁾

249. Chapter 16 of Agenda 21, adopted by the United Nations Conference on Environment and Development (UNCED) in 1992, deals with the environmentally sound management of biotechnology. The informal consultation on recent developments and trends in biotechnology (Vienna, October 1995), held by the United Nations Industrial Development Organization (UNIDO) in its capacity as Task Manager for this Chapter, requested the ILO to assume the leading role in promoting and addressing the biosafety issue with respect to occupational safety and health and to promote the safe use of biotechnology in the workplace. These activities fall under Programme Area D of Chapter 16, which deals with enhancing safety and developing international mechanisms for cooperation.

(d) Relation to existing instruments

250. The Office has not yet developed any instrument relating directly or indirectly to exposure to or safety in the use of biological agents at work. There are national and regional directives on the subject, but none of these covers the scope of the solution proposed under paragraph 246 above. The proposed Convention and Recommendation would fall under the group of occupational safety and health instruments which provide for protection against specific risks.

(e) Progress made in research and preparatory work

251. As background work, the Office prepared a paper on the impact of modern technology, including gene technology, on workers' health and the environment. The paper identifies potential risks related to the introduction of these new technologies. It is based on case-studies of experience gathered in countries in Asia, Europe and North America. Further research and preparatory work would be needed before selecting this item for the agenda of the Conference.

(f) Future prospects

252. The opinions expressed by constituents, the apparent areas of consensus and the points of divergence will be known once the code of practice on the subject is finalized.

253. During the consultations held last May, nine States took up and supported this question (Australia, Chile, Germany, Myanmar, Romania, Sri Lanka, Tunisia, United Kingdom and Uruguay). The workers' organizations expressed their support for standard-setting action.

254. The replies from five States provide detailed information as regards possible standard-setting action. Chile favoured the adoption of a Convention supplemented by a Recommendation. Tunisia advocated the adoption of new standards and/or the revision of existing ones. Australia would like this question to be the subject of a preliminary general discussion which could lead to standard-setting action. The United Kingdom endorsed only a general discussion. Lastly, Myanmar suggested "the possible setting of new standards as and when appropriate".

20. Other proposals

255. Work environment: Egypt considered that it was important to review occupational safety standards at regular intervals. It mentioned in particular the problems of air pollution and the hazards associated with the introduction of new technologies.

256. Personal protective equipment: Greece proposed that the Conference consider certain problems in the sphere of occupational safety and health, and in particular the questions of personal protective equipment and signalling equipment.

257. AIDS: Mauritius suggested investigating the question of the protection of workers with AIDS. The workers' organizations also expressed interest in a preliminary general discussion on this theme.

258. Protection against specific hazards: Tunisia made a general statement on the need to adopt new standards and/or strengthen existing standards in this area. It referred more particularly to work on visual display units and to exposure to explosive materials. The workers' organizations also emphasized the importance of protection for work performed on visual display units.

259. Furthermore, Tunisia favoured the revision of the provisions of the Occupational Cancer Convention, 1974 (No. 139).

260. Environmental protection: the workers' organizations proposed a general discussion on this theme. The discussion could focus on questions relating to the preventive measures to be taken by enterprises to ensure that their activities are not damaging to the surrounding environment.

261. Prevention of psychosomatic disorders and mental stress: the workers' organizations wished for this proposal to remain in the portfolio.

H. Social security

21. Basic social security standards

(a) The problem

262. In a increasing number of countries in all regions of the world, social security has reached a crossroads: questions are being asked about its legitimacy, how it is managed and financed, and even the principles underlying its organization, which some consider obsolete; others, while committed to the institution, agree that reforms -- often far-reaching ones -- are needed, but feel that these must be implemented with due respect for certain basic principles.

263. Economic globalization, the increased demands of competition, the social transformations both associated with and independent of structural adjustment, the disappearance of the former political blocs and growing pressure for less state involvement are all factors weighing upon the social security institution and making an examination of its future imperative.

264. The extent of the reforms, accompanied or not by total or partial privatization, and the financial pressures being exerted on member States and the social partners to make them accept an entirely new approach to national social security provisions as inevitable, are testimony to the intense activity being seen in this area, which had known relative stability since the early 1950s.

265. A current additional concern is that the majority of people -- particularly in the developing countries -- are not covered by any form of social security protection. In the health sphere, many States can no longer ensure free access to health care; as far as cover for disability, retirement benefits and survivors' pensions are concerned, most workers have no social cover. Many States are currently drawing up policies to extend basic social cover to workers outside the formal sector. The adoption of standard-setting instruments could encourage them to formulate long-term policies and allow them to monitor progress made in the framework of the guidelines that should form the basis of all social security reforms.

266. The fact that social security is an issue at the very heart of the Organization's mandate makes it all the more appropriate for the ILO to be involved in this debate.

(b) Proposed solution

267. An examination of the question of social security guidelines and of the extension of a certain type of social cover, would allow the Conference to review the experience gained over the past decade, one particularly rich in reforms, during a preliminary general discussion. This discussion would focus on the essential data contained in the existing instruments, in particular the Income Security Recommendation, 1944 (No. 67), the Medical Care Recommendation, 1944 (No. 69), and the Social Security (Minimum Standards) Convention, 1952 (No. 102).

268. The discussion would help identify the guidelines contained in these instruments, and in later, more specific ones adopted by the Conference between 1952 and 1988 (the so-called "superior" social security standards), which are still relevant and which should continue to shape the design, establishment and reform of social security systems.

269. Given the experience gained in the 1980s and 1990s, and the work done by other global organizations such as the Bretton Woods institutions, and by regional organizations such as the Council of Europe, the Organization of American States and the European Community, the discussion would bring certain ideas to the fore which should also be applied as general principles in this area.

270. It is therefore proposed for the Conference to discuss the operational importance of the following concepts, all of which play a determining role in the development of viable and relevant social security schemes:

the nature and scope of general state responsibility, and hence the role of private and individual initiative;
the involvement of the social partners in managing the schemes, at the various levels of implementation and supervision;
the respective roles of the public and private sectors in the administration of the schemes, and the roles of the other parties involved (e.g. the beneficiaries);
equality of treatment between men and women, and also between nationals and non-nationals;
the personal (persons protected) and material (contingencies covered) scope of application of social security;
the reliability and adjustment of benefits, in particular as regards the concept of income replacement;
the respective roles of social insurance and social assistance, including means-tested benefits and the social services;
the features of the various collective financing mechanisms (funded systems and total or partial pay-as-you-go systems, general or specific assessment) and possible combinations;
the role and stability of supplementary schemes, both compulsory and optional;
the integration of the concepts of prevention and rehabilitation into the general social protection provisions.

271. A preliminary general discussion could perhaps result in the preparation of new standards, allowing a gradual revision of the standard-setting instruments drawn up by the International Labour Organization between 1944 and 1988 to be undertaken on a solid footing. For the moment a new Convention could be drafted which would include the adoption of a basic social cover index enabling the Organization's constituents to monitor the level reached and the progress made over time, and to formulate a national policy to expand basic social cover. The Recommendation supplementing the Convention could then contain the guidelines that should form the basis of all social security reforms.

(c) Origin of the proposals

272. Since 1995 the Office has organized or participated in a considerable number of subregional and regional meetings on the subject of social security. On each of these occasions the question of basic social cover and of social security guidelines -- more specifically the ILO's current position on these matters -- has been raised. These regional fora brought together the countries of Europe, of French-speaking and English-speaking Africa, of Latin America and of Asia. Many of these were tripartite meetings where all the social partners considered it important for the ILO to discuss this question.

273. During the consultations held last May, 13 States took up this question and all supported it (Australia, Chile, China, Finland, Germany, Latvia, Myanmar, Peru, Romania, Slovenia, Sri Lanka, Suriname and Tunisia). Six States specifically favoured standard-setting action (Australia, Chile, Lithuania, Myanmar, Slovenia and Tunisia). One State, Germany, considered that the proposal should not be the subject of standard-setting action. The other States did not state their views on this point.

(d) Relation to existing instruments

274. The Declaration of Philadelphia (Part III(f)) refers to "the solemn obligation of the International Labour Organization to further among the nations of the world programmes which will achieve [...] the extension of social security measures to provide a basic income to all in need of such protection and comprehensive medical care".

275. The right to social security is recognized in article 22 of the Universal Declaration of Human Rights (1948). This right is also included in article 9 of the International Covenant on Economic, Social and Cultural Rights (1966).

276. Following the Second World War, the International Labour Conference in turn adopted the following instruments:

the Social Security (Minimum Standards) Convention, 1952 (No. 102);
the Maternity Protection Convention (Revised), 1952 (No. 103) and Recommendation (No. 95);
the Equality of Treatment (Social Security) Convention, 1962 (No. 118);
the Employment Injury Benefits Convention, 1964 (No. 121) and Recommendation (No. 121);
the Invalidity, Old-Age and Survivors' Benefits Convention, 1967 (No. 128) and Recommendation (No. 131);
the Medical Care and Sickness Benefits Convention, 1969 (No. 130) and Recommendation (No. 134);
the Workers with Family Responsibilities Convention, 1981 (No. 156) and Recommendation (No. 165);
the Maintenance of Social Security Rights Convention, 1982 (No. 157) and Recommendation (No. 167);
the Employment Promotion and Protection against Unemployment Convention, 1988 (No. 168) and Recommendation (No. 176).

277. The Council of Europe and the Ibero-American Social Security Organization have adopted regional codes largely inspired by the proposals contained in the relevant ILO standards.

(e) Progress made in research and preparatory work

278. Since 1996 the Office has carried out a series of studies on social cover and social security guidelines. The results of this research and these preliminary investigations have been submitted to the social partners during various subregional meetings. Other similar meetings will be held before the end of 1997 and in early 1998, which will allow the views of the various sectors involved throughout the world to be researched and the results put into a form that can be used directly.

279. A research project on the principles of social security is included in the programme and budget of the Social Security Department for the 1998-99 biennium.

(f) Future prospects

280. The consultations that the Office has already conducted with the various constituents, as well as with the other international organizations concerned, headed by the World Bank and including the IMF, the ISSA, the Council of Europe, the European Community, the OECD and the OISS, demonstrate that there are real prospects for the proposed discussion to lead to a consensus on the essential principles to which the new or reformed social security schemes should adhere, which will be in keeping with the spirit that governed the development of the international standards currently in force.

281. This preliminary general discussion should therefore result in substantial progress for action in this essential area for workers, reforms taking account of both the social requirements and the prevailing economic constraints.

282. The observations made by the six governments which specifically declared themselves in favour of standard-setting action during the consultations held last May related principally to the revision of existing instruments, in particular the Social Security (Minimum Standards) Convention, 1952 (No. 102). For Australia, "there is obviously a need for a review of the international social security standards, given the relatively poor rate of ratification of the current standards". Latvia and Tunisia proposed revising Convention No. 102 and Slovenia pointed out that this Convention "needs to be revised in light of the new flexible forms of work such as: part-time work, home work, contract work, telework. It might be worthwhile to think about possibilities of an extension of insurance systems to the above stated work regimes". Chile favoured the adoption of a Convention supplemented by a Recommendation. Myanmar also mentioned the possibility of new standards in this area.

283. According to Finland, "as social security systems are undergoing major changes, this topic is very timely. The old standards do not quite correspond to the problems and prospects of the present era".

284. Only Germany rejected the idea of standard-setting action in this area: "this topic seems suitable at the most for a general debate but not for (additional) standard setting".

285. One workers' organization insisted on the importance of the question of the protection of workers' retirement pensions.

22. Equal treatment for men and women in matters of social security

(a) The problem ⁽²⁶⁾

286. This question assumes particular importance given the far-reaching changes seen in family structures and the significant developments in the economic contexts in which these systems are implemented. Formal equality generally implies equal treatment for all in comparable employment situations; the situation of most women tends, however, to differ from that of men.

287. Women are holding an increasingly significant position on the labour market, and at the same time progress is being seen in the level of social protection granted to them. However, they occupy most of the part-time, low-income, intermittent and precarious jobs, and these jobs, more often than not, fall outside the coverage of social security schemes. Furthermore, broad sectors of activity, such as the rural and informal sectors, in which women often outnumber men and lack any social protection, still exist, particularly in the developing countries.

288. The proposal relating to equality of treatment covers five fundamental areas of concern:

the tailoring of rights to benefits;
equality of treatment as regards retirement age;
equality of treatment as regards survival benefits;
the division of pension rights in the event of separation; and
taking into account for the calculation of or access to benefits the situation of parents with family responsibilities.

289. It should be noted that the directives of the European Communities,⁽²⁷⁾ which remain the most advanced international instruments in this area, deal only with questions related to access to protection schemes and to the manner in which contributions and benefits are calculated. They do not take up the more delicate themes of retirement age, supplementary benefits or the division of rights in the event of separation.

290. Furthermore, equality of treatment should not be construed in such a way as to interfere with certain specific social security provisions favourable to women workers, such as maternity protection.

(b) Proposed solution

291. There are three possibilities of integrating these concerns into ILO standards. One would be to include them in an instrument on social security guidelines, as considered in point 21 above; they could also be considered as part of a possible revision of the Social Security (Minimum Standards) Convention, 1952 (No. 102), or, alternatively, a specific instrument limited to the points mentioned above could be envisaged.

(c) Origin of the proposals

292. This question was the focus of two meetings of experts held in 1990 and 1994. The Tripartite Meeting of Experts on Social Security and Social Protection: Equality of Treatment between Men and Women (1994) recommended undertaking an analysis of existing social security instruments in order to assess their contribution to the promotion of equality between women and men in social protection systems. It should be noted that the experts did not however recommend the adoption of a specific international standard on this question in their conclusions.

(d) Relation to existing instruments

293. The ILO has adopted a certain number of instruments in this area. These include the Maternity Protection Convention (Revised), 1952 (No. 103), and Recommendation (No. 95), the revision of which is included in the 1999 Conference agenda. The Workers with Family Responsibilities Convention, 1981 (No. 156), establishes the principle that workers, both men and women, with family responsibilities should benefit from specific protection to guarantee them equality of treatment with other workers. Following the recommendations of the LILS Working Party in conjunction with the examination of this Convention, the Governing Body decided to promote its ratification.

(e) Progress made in research and preparatory work

294. The Office conducted research in this area in connection with the preparation of the two meetings of experts in 1990 and 1994. The question was also considered in a series of studies focusing on social cover and social security guidelines, undertaken by the Office since 1996. However, if the question of equality of treatment were to be the subject of a separate proposal, additional preparatory work would have to be carried out.

(f) Future prospects

295. The 12 governments which took up this proposal during the consultations held last May all wanted to keep it in the portfolio (Australia, Chile, China, Cyprus, Croatia, Finland, Germany, Greece, Myanmar, Sri Lanka, Suriname and Tunisia). The workers' organizations also favoured this proposal. They advocated the adoption of a new instrument relating specifically to this subject.

296. Four States clearly favoured standard-setting action. Chile and Tunisia advocate the adoption of a Convention supplemented by a Recommendation. Australia "supports consideration of a new Convention" and Croatia considered the adoption of standards in this area to be of particular importance.

297. Cyprus suggested holding a general discussion.

298. The other States did not make any particular observations, with the exception of Finland, for which "social security systems are of crucial importance if women's equal opportunities in the world of work are to be enhanced".

I. Employment of children and young persons

23. Night work of children and young persons (revision of Conventions Nos. 6, 79 and 90)

(a) The problem

299. Since the late 1980s it has been suggested that consideration be given to the adoption of new instruments on night work of young persons. The purpose would be to abandon the sectoral approach in this area -- separate Conventions have been adopted for particular sectors of economic activity -- and replace all existing instruments with an instrument of general scope. This procedure would correspond to the action taken in respect of minimum age. These considerations were highlighted in the Working Party on Policy regarding the Revision of Standards in the course of its examination of the Night Work of Young Persons (Non-Industrial Occupations) Convention, 1946 (No. 79), the Night Work of Young Persons (Industry) Convention, 1919 (No. 6), and the Night Work of Young Persons (Industry) Convention (Revised), 1948 (No. 90), in March 1996 and March 1997.

(b) Proposed solution

300. As a result of the work of the Working Party on Policy regarding the Revision of Standards, the Governing Body decided in March 1996 that appropriate measures be taken to revise the provisions of Convention No. 79, and "possibly of other instruments on the night work of young persons". Subsequently, in March 1997, the Governing Body decided to contemplate the revision of the Conventions on the night work of young persons, in particular Convention No. 90, and including Convention No. 6 in its examination, and to draw up recommendations on the form that such a revision might take, including the possible preparation of a Protocol to the Night Work Convention, 1990 (No. 171), that would deal with the specific conditions of night work for children and young persons.

(c) Origin of the proposal

301. The decisions by the Governing Body to revise Convention No. 79 were taken in March 1996 and to revise Conventions Nos. 6 and 90 in March 1997, in all three cases based on the work of the Working Party.

(d) Relation to existing instruments

302. In the area of night work, in 1990 the ILO adopted the Night Work Convention (No. 171). Existing standards thereby include protective measures for night work in general. Convention No. 171 contains, however, no provisions specifically aimed at adolescents. An updating of standards in this area could also be seen as a complement to the current actions by the ILO in the field of child labour, which include a proposal for the adoption of standards for discussion by the Conference in 1998.⁽²⁸⁾ The standards under discussion will have implications for the question of night work of children, which will have to be further examined when the new standards have been adopted.

(e) Progress made in research and preparatory work

303. Preparatory work on this subject has not yet started, and it has not been given priority at this stage in view of the ongoing focus on the work on new standards in the area of child labour.

(f) Future prospects

304. The Governing Body decided on a revision of Conventions Nos. 6, 79 and 90 based on the work of the Working Party Regarding the Revision of Standards. Should the Governing Body decide that this issue is a priority, it should request the Office to undertake the research and preparatory work required to enable the Governing Body to place this item on the agenda of a future session of the International Labour Conference.

J. Other themes proposed by constituents

24. Social impact of globalization

305. During the consultations held last May, several governments stated that they were in favour of the theme of globalization, often going on to suggest more specific subjects which could be considered during a general discussion.

306. Cyprus proposed a general discussion on the theme "Liberalization of trade, international competition and social security".

307. Mauritius suggested giving consideration to three subjects which relate directly to the theme of globalization: "Transfer of technology and capital and workers' rights", "Globalization. A threat to workers and their rights" and "The need to maintain the Welfare State in a competitive and borderless world".

308. The Egyptian Federation of Industries favoured the adoption of a recommendation on the theme "Job creation, productivity enhancement and quality improvement through the transfer of technology".

309. Uruguay proposed dealing with the question of economic and labour market globalization.

310. The workers' organizations reiterated their support, as expressed during the Conference debates in June 1997, for the question of social labels.

25. Transnational labour relations

311. This question had been considered in the document on the portfolio of proposals for standard-setting action submitted to the Governing Body last March. During the consultations held in May, Finland stated that it would like this question to be examined. "However, steps in this direction must be careful and require further reflection and analysis, as it certainly opens up entirely new horizons for standard setting. [...] this topic might well be suited to a general discussion at the Conference". Chile also made a proposal relating to transnational labour relations "en régimen de subcontratación". Lastly, Costa Rica and Tunisia expressed the desire that the impact of transnational relations on workers' claims in the event of the insolvency of their employer should be examined and that existing standards on the subject should be strengthened.

312. The Governing Body could propose that the Office clarify this theme which covers both conflicts of law associated with the cross-border movement of workers, cross-border employment contracts and subcontracting, and attempts to extend labour law beyond national borders by controlling the access of products to national markets. The subject is clearly too extensive, too multifaceted and, in some ways, too recent to correspond to standard-setting action. It would however be useful if it were the subject of a general discussion at the Conference, if necessary following a preliminary assessment of the questions during a meeting of experts.

26. Privatization

313. Two governments made proposals relating to this theme. Greece suggested considering the question of worker protection in the event of enterprise privatization, and Mauritius proposed a subject on "Privatization and deregulation".

27. Employment of women

314. A considerable number of member States took up this theme, in various forms, in their response to the Director-General's letter concerning the portfolio (Australia, China, Germany, Greece, Italy, Mauritius, Nicaragua, Peru, Romania and Tunisia).

315. Nicaragua favoured the adoption of a Recommendation on the question of the employment of women. Tunisia proposed that the promotion of the employment of women should be considered during a general discussion at the Conference.

316. A number of countries suggested that more specific subjects within this general theme should be examined. Germany considered that "topics under this heading seem to be eminently suitable for discussion at the ILC [...] in particular the promotion of equality of opportunity for women in employment". Romania suggested examining the question of the unemployment and occupational integration of women. Italy favoured a Recommendation providing measures to encourage female entrepreneurship. Lastly, Mauritius proposed a discussion on the themes "New challenges for women workers" and "Gender issues in employment".

317. Australia did not support the idea of standard-setting action on this subject at present: "consideration of new standards is not considered necessary at this stage".

318. One workers' organization also expressed its support for all initiatives in this sphere.

319. We would recall that an associated proposal concerning equality for women was examined by the Governing Body for general discussion in 1993 and 1995. This question received the support of a considerable number of Governing Body members, although it was not retained for the Conference agenda.

28. Employment of migrant workers

320. A document presenting the report of the Tripartite Meeting of Experts on Future ILO Activities in the Field of Migration, which was held in April 1997, will be examined by the Governing Body during this session.⁽²⁹⁾ This document includes a proposal by the experts to hold a general discussion on the employment of migrants, which would consider questions relating to fundamental human rights at work.

321. We would also recall that, during the consultations on the portfolio held last May, nine States took up the proposal relating to migrant workers (Australia, Brazil, Chile, Germany, Italy, Myanmar, Nicaragua, Sri Lanka and Tunisia). The replies from some States contained substantial statements.

322. Italy and Tunisia favoured a revision of existing standards, while Chile and Nicaragua advocated a general discussion.

323. Brazil submitted a specific proposal relating to equality of treatment for migrant workers in social security and the possibility of establishing links with the social security system of the country of origin.

324. As regards Australia "consideration of new standards is not considered necessary at this stage. Any discussion should await the outcome of the 1999 Conference discussion of the General Survey".

325. One State, Germany, expressed serious reservations and considered that "there is no discernible need for additional protection or for the inclusion of specific groups of migrant workers within the scope of the Convention [No. 143]". It specified that "considerable reservations exist regarding the choice of themes under this heading".

326. We would recall that the Governing Body adopted decisions in relation to the possible revision of Conventions Nos. 97 and 143 on migrant workers following the examination of these Conventions by the LILS Working Party. These decisions are submitted in point 38 below.

29. Agricultural workers

327. Some States in southern Africa informally communicated to the Office a proposal relating to the inclusion in the Conference agenda of a question relating to the "socio-economic conditions of agricultural wage workers". They noted that this subject could be considered during a general discussion. According to some governments "such a discussion should explore the possibility of improved standard setting for this category of workers. Existing Conventions are not considered adequate".

30. Seafarers

328. During the consultations held last May, Greece communicated to the Office certain observations by the Panhellenic Maritime Federation relating to the question of flags of convenience. It was of the view that the Conference should take a close look at the implications of the growing number of registrations of ships under flags of convenience on the labour market in this sphere. It made particular mention of the Merchant Shipping (Minimum Standards) Convention, 1976 (No. 147).

329. The Federation also submitted a proposal relating to the protection of seafarers in the event of the insolvency of their employer.

31. Fishermen

330. Following the Maritime Session of the Conference held in October 1996, new standards and/or the revision of existing standards could be considered for fishermen.

331. During the consultations on the portfolio held last May, five member States commented on this question (Australia, Chile, Germany, United Kingdom and Sri Lanka). Two States supported standard-setting action, Sri Lanka and Chile, the latter favouring a revision of existing standards in this area. The United Kingdom proposed this question for general discussion only. According to Germany, "there is no need for a general review of existing standards for fishermen or the setting of new standards". It considers that only the Accommodation of Crews (Fishermen) Convention, 1966 (No. 126) requires revision. Lastly, Australia considers that "there is little need for new standards dealing with fishermen, giving that seafarer Conventions have the option of being applied to fishermen, where considered appropriate".

32. Public sector employment

332. Mauritius suggested that the Governing Body examine the question "Job security in the public sector" with a view to its inclusion in the Conference agenda.

33. Better collaboration and coordination of UN agencies and bodies in the field of working life

333. Finland submitted this additional proposal for general discussion at the Conference.

K. Possible revisions

334. One will recall that, as regards the 16 Conventions examined by the Working Party on Policy regarding the Revision of Standards of the LILS Committee, the Working Party had requested the constituents to send the Office additional information before recommending an eventual revision. Last June the Deputy Director-General for Standards sent a communication to all member States on this subject. Subject to the replies yet to be received by the Office, some of these Conventions could very well be included in the draft portfolio to be submitted to the Governing Body in March 1998. This relates in particular to the following three Conventions.

34. The Marking of Weight (Packages Transported by Vessels) Convention, 1929 (No. 27)

335. Member States have been invited to give their views on the need to revise this Convention, either totally or partially, and on the form this revision could take, including the adoption of an additional Protocol.

35. The Maximum Weight Convention, 1967 (No. 127)

336. The member States have been invited to give their views on the need to revise this Convention, totally or partially, and on the form this Convention could take.

36. The Benzene Convention, 1971 (No. 136)

337. The member States have been invited to give their views on the need to revise this Convention, totally or partially, and on the form that this revision could take, including the adoption of an additional Protocol.

37. The Night Work (Women) Conventions (Nos. 4, 41 and 89)

338. During its examination of Conventions Nos. 4, 41 and 89, the LILS Working Party recommended that the Committee of Experts undertake a general survey in this area, on the basis of reports provided by the member States in accordance with article 19 of the Constitution. This general survey will allow an assessment to be made of the need to revise these Conventions. The Governing Body has not yet decided when the general survey will be conducted.

38. The Conventions on migrant workers (Nos. 97 and 143)

339. During its examination of Conventions Nos. 97 and 143 on migrant workers, the LILS Working Party recommended that the Committee of Experts undertake a general survey in this area, on the basis of reports provided by the member States in accordance with article 19 of the Constitution. This general survey, to be conducted in 1999, will allow an assessment to be made of the need to revise these Conventions, which one could then consider including in the draft portfolio.

340. During the consultations on the portfolio held last May, three member States recalled this decision and endorsed the conducting of the general survey (Australia, Italy and Nicaragua).

341. Two States voiced their clear support for a revision of existing instruments. Tunisia favoured strengthening existing standards relating to the protection of migrant workers. Italy considered that it would be timely to revise Convention No. 97 in view of the far-reaching changes that have occurred in the socio-economic structures of member States since 1949.

* * *

Closing remarks

342. The Governing Body, at its 271st Session (March 1998), will be invited to examine in a more detailed manner certain proposals that are at a sufficient stage of preparation to be able to be included in the Conference agenda for the year 2000. It may be noted that the following proposals are already at an advanced stage of preparation:

new provisions concerning discrimination in employment and occupation;
human resource development: occupational guidance and training;
the promotion of cooperatives;
the role of the ILO in the reconstruction of countries affected by armed conflict;
investment and employment;
the settlement of labour disputes;
the recording and notification of occupational accidents and diseases;
basic social security standards.

343. The proposals listed in (a) and (g) above were formulated with a view to the adoption of new standards. The proposals in (e) and (f) were considered with a view to a general discussion. As regards the other proposals, the Governing Body is invited to specify whether it envisages the adoption of a Recommendation, a Convention, or a Convention supplemented by a Recommendation, or if it perhaps wishes to schedule a general discussion prior to any standard-setting action.

344. In respect of the revision of existing standards, it is recalled that the Governing Body has already approved the revision of Conventions Nos. 6, 79 and 90 on the night work of young persons. At its current session, the LILS Committee could perhaps recommend the revision of some further Conventions. If it so wishes, the Governing Body could include a question concerning the revision of existing standards with a view to a second discussion next March. However, we would note that the research and preparatory work has for the most part still to be carried out for the Conventions to be revised.

345. Some other proposals may prove to be of interest to the Governing Body, namely, working time arrangements, the prevention of sexual harassment at the workplace, safety and health in agriculture and equal treatment for men and women in matters of social security. Furthermore, some very interesting proposals have been put forward by various constituents. The Governing Body is invited to indicate the proposals for which the Office should make it a priority to carry out research work and consultations, taking into consideration the level of resources necessary and the deadlines to be met to ensure rapid progress in their preparation.

346. In order to determine the agenda of the 88th Session (2000) of the Conference and taking into consideration the proposals submitted for its examination, the Governing Body is invited:

to examine the draft portfolio of standard-setting proposals and to determine guidelines as to its structure and content;
to make any amendments it deems appropriate to the list of proposals included in the portfolio;
to identify the proposals for which it would like the research work, preparatory work and consultations to be carried out at a more rapid pace;
to select a limited number of proposals to be examined in greater depth at its March 1998 Session, when it will fix the definitive agenda of the 88th Session (2000) of the International Labour Conference.

Geneva, 13 October 1997.

Point for decision: Paragraph 346.

1. GB.268/3.

2. Argentina, Australia, Austria, Brazil, Cambodia, Canada, Cape Verde, Chile, China, Costa Rica, Cyprus, Denmark, Egypt, Eritrea, Finland, Greece, Guatemala, Indonesia, Italy, Japan, Jordan, Latvia, Malaysia, Mauritius, Mexico, Myanmar, New Zealand, Nicaragua, Norway, Panama, Peru, Qatar, Romania, Singapore, Slovenia, Sri Lanka, Switzerland, Suriname, Tunisia, United Kingdom, United States and Uruguay.

3. GB.268/4, paras. 17 and 20; and Minutes of the 268th Session of the Governing Body, pp. II/1-II/4.

4. Special Survey on Equality in Employment and Occupation in respect of Convention No. 111, Report III(4B), International Labour Conference, 83rd Session, 1996. See especially Ch. 3: The emergence of other grounds.

5. In particular the International Convention on the Elimination of all Forms of Racial Discrimination, adopted in 1965; the International Covenants on Economic, Social and Cultural Rights, and on Civil and Political Rights, both adopted in 1966; and the Convention on the Elimination of All Forms of Discrimination against Women, adopted in 1979.

6. Special Survey, op. cit., para. 243.

7. Note that in accordance with the decision of the Governing Body arising from the examination of the portfolio proposal, the ILO's Conventions on migrant workers will be the subject of the Committee of Experts General Survey under article 19 of the Constitution, at its session in November-December 1998.

8. Since the Special Survey was carried out, the Committee of Experts has asked some governments that have included other prohibited grounds of discrimination in their legislation, if they would consider making a declaration in the sense of Article 1(1)(b). The one reply received so far is that neither the Convention itself nor the report form makes it clear what kind of declaration is expected.

9. A contribution on this theme was submitted to the Governing Body during its March 1997 Session. See GB.268/2, paras. 104-123.

10. A contribution on this theme was submitted by the Governing Body at its November 1996 and March 1997 Sessions. See GB.267/2, paras. 169-182 and GB.268/2, para. 43.

11. A contribution on this subject was submitted to the Governing Body at its March 1997 Session. See GB.268/2, paras. 46-103.

12. A contribution on this subject was submitted to the Governing Body at its November 1996 and March 1997 Sessions; see GB.267/2, paras. 107-168 and GB.268/2, paras. 104-123.

13. STC/HMS/1/1992/13, Note on the Proceedings, paras. 17 and 18.

14. A contribution on this theme was submitted to the Governing Body at its March 1997 Session. See GB.268/2, paras. 9-41.

15. GB.261/STM/4/14.

16. GB.244/2/2, paras. 96-116.

17. GB.254/2/1, paras. 53-64.

18. GB.259/2/2, paras. 226-248.

19. GB.262/2, paras. 69-94.

20. GB.268/2, paras. 9-41.

21. GB.270/6.

22. Tripartite Meeting on Improving the Conditions of Employment and Work of Agricultural Wage Workers in the Context of Economic Restructuring, ILO, Geneva, 23-27 September 1996, Note on the Proceedings, resolutions adopted by the Meeting, pp. 29-31.

23. Codes of practice: Safe design and use of chain saws (1978); Safety and health in forestry work (to be revised); Safe construction and operation of tractors, (1976); Guides: Guide to safety in agriculture (1969); Guide to health and hygiene in agricultural work (1979); Safety and health in the use of agrochemicals; a guide (1987). In addition, work is under way on the preparation of a guide on the extension of occupational health services to agriculture, and on guidelines on ergonomic measures to improve work practices and reduce occupational injuries. These codes of practice are translated into various languages and are also used for technical cooperation activities.

24. Internet: http://base.icgeb.trieste.it.

25. GB.258/7/22, paras. 62-64.

26. See GB.262/ESP/3.

27. Directives 79/7/EEC and 86/278/EEC. See in particular Brocas, Cailloux, Oget: Women and social security: Progress towards equality of treatment (ILO, Geneva, 1988).

28. See, inter alia, ILO: Child labour -- Targeting the intolerable, International Labour Conference, 86th Session, 1998, Report VI(1) (ILO, Geneva, 1996), 123 pp.

29. GB.270/5. See also the report of the Meeting of Experts on Future ILO Activities in the Field of Migration, MEIM/1997/D.4, Annex III, point 2.1(b).

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