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GB.271/LILS/2
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Committee on Legal Issues and International Labour Standards |
LILS |
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SECOND ITEM ON THE AGENDA
Evaluation of the reforms in the functioning of the
International Labour Conference: Legal aspects
1. It will be recalled that, as part of the measures to reduce expenditure, the Governing Body decided at its 265th Session (March 1996)(1) to introduce on a trial basis the following reforms in the functioning of the International Labour Conference:
(a) the shortening of the Conference by one day;
(b) the reduction of the time-limit for speeches in plenary sitting on the reports of the Chairperson of the Governing Body and the Director-General from ten to five minutes;
(c) the reduction of the duration of the plenary discussion of the reports of the Chairperson of the Governing Body and the Director-General to one calendar week;
(d) discontinuation of the in-session production of the issues of the Provisional Record of the Conference covering the discussion of the reports of the Chairperson of the Governing Body and the Director-General;
(e) the selective free distribution of Conference reports.
2. These reforms were put into effect for the first time at the 83rd Session of the Conference in June 1996. They were assessed by the Governing Body at its 267th Session (November 1996),(2) and continued with certain adjustments during the 85th Session of the Conference in June 1997.
3. The purpose of this paper is to suggest the conclusions that might be drawn at this stage with respect to these assessments. It provides information and considerations which may help the Committee to come to a conclusion as to the extent to which these reforms should be made permanent, and as to whether any changes should at this stage be made to the Standing Orders of the Conference.
Shortening of the Conference
4. As a result of this measure, which does not call for an amendment to the Standing Orders, the last two June sessions of the General Conference have been scheduled to complete their work one day earlier than hitherto (i.e. by the end of the Thursday of the third week), thus enabling the post-Conference Governing Body meeting to be held also a day earlier (i.e. on the Friday instead of the Saturday of the third week). In practice, the Conference has even completed its work an extra half day earlier than foreseen, as both in 1996 and 1997 the Conference closed in the morning of the third Thursday.
5. While there seems to be agreement on the reduced duration of the Conference, concern has been expressed by constituents and the secretariat that any further reduction in the duration of the Conference would impair the quality of the work produced by committees, in particular standard-setting committees. This is all the more relevant in view of possible future developments, in particular the repercussions on the work of the Conference of the follow-up mechanism for the possible ILO Declaration of principles concerning fundamental rights.
Time-limit for speeches
6. The ten-minute time-limit for speeches provided for in article 14, paragraph 6, of the Conference Standing Orders has been reduced to five minutes for the discussion in plenary sittings of the reports of the Chairperson of the Governing Body and the Director-General, and the same reduction is proposed for the forthcoming session of the Conference in June 1998. In practice, this change has led to an average of seven minutes per speech (including the pauses between speakers).
7. Although some drawbacks have been indicated (difficulties for delegates or interpreters to follow the speeches, need for better discipline and organization in the delivery of speeches, etc.), they seem to be outweighed by the significant savings resulting from the reduction in the number of plenary sittings and in the volume of Records of Proceedings produced. In general terms, this measure has been accepted gracefully by delegates.
8. Article 14, paragraph 6, of the Standing Orders of the Conference provides only for a maximum time-limit for speeches delivered in plenary, and permits the Conference to decide a longer time-limit or the Officers to propose a shorter time-limit for a specific topic. Such a proposal is submitted to the Conference for approval without discussion.
9. Two problems can be foreseen if the rules are amended so as to reduce the maximum time-limit on a permanent basis. One is that no firm conclusion can be drawn with respect to length: five minutes is unrealistic, while seven could jeopardize progress made in the reduction of plenary sittings. Furthermore, this particular reform is only intended to apply to speeches concerning the reports of the Chairperson of the Governing Body and the Director-General, but not for instance the discussion of committee reports. Thus, if an amendment were to be made to the Conference Standing Orders to provide for a duration for speeches of more than five to seven minutes, a difference would have to be introduced as regards the topics for which longer speeches would be allowed.
10. In these circumstances, it might be better at this stage to continue the practice of previous Conferences, i.e. that the time-limit for speeches specified in article 14, paragraph 6, be set at five minutes by way of suspension of that provision in accordance with article 76 of the Standing Orders.
Reduction of the discussion in plenary sitting of the reports
of the Chairperson of the Governing Body and the
Director-General to one calendar week
11. This measure has been made possible by the reduction in the time-limit for speeches and has proven viable at the last two June sessions of the Conference without giving rise to any major objection. As such, it does not call for an amendment to the Standing Orders of the Conference as, according to article 4, paragraph 2, of the Standing Orders, the time for the plenary sittings is decided by the Conference on the recommendation of the Selection Committee. One of the main advantages of this reduction is that after the opening day, the Conference is not again scheduled to meet in plenary sitting until the Tuesday or Wednesday of the following week. However, the suspension of the plenary sittings for one calendar week requires a series of procedural adjustments which would eventually call for amendments to the Standing Orders of the Conference, which alone has authority to take certain decisions.
12. Under articles 9 and 56 of the Standing Orders, the Conference decides, on the recommendation of the Selection Committee, on changes in the composition of committees and on requests by non-governmental organizations to be represented in committees. Most of the changes and requests occur at the beginning of the Conference during the suspension of the plenary. At the 83rd Session of the Conference, those changes and requests were first considered by the Officers of the Selection Committee, to whom authority had been delegated by the Committee itself, and then by the Officers of the Conference, who acted under the powers delegated to them by the Conference. This double consideration of routine matters was avoided at the 84th (Maritime) Session of the Conference and at its 85th Session in 1997: at the latter session, the Conference delegated to the Selection Committee, and authorized it to delegate in turn to its Officers, the authority to approve non-controversial changes in the composition of committees and non-controversial requests by non-governmental organizations to be represented in committees. In the event of disagreement between the Officers, under the current practice the matter would have to be submitted to the Conference for decision. The necessary derogation was made from articles 4, paragraph 2; 9(a); and 56, paragraph 9, of the Standing Orders. If this practice is to be continued, those provisions should at a later date be amended.
13. It might be considered premature to amend the Standing Orders now, as further experience might bring to light the desirability of extending the rationalization process so as to allow the same procedure of delegation to the Selection Committee to apply to decisions on non-controversial or routine matters other than the composition of committees and invitations to non-governmental organizations.
In-session issues of the
Provisional Record
covering the
discussion of the reports of the Chairperson of the
Governing Body and the Director-General
14. It will be recalled that the issues of the Provisional Record covering the discussion of the reports of the Chairperson of the Governing Body and the Director-General were not published during the 83rd Session of the Conference. To mitigate the inconvenience caused by this practice, the Governing Body recommended at its 267th Session (November 1996) that the non-production be maintained at the 85th Session of the Conference (1997) on condition that appropriate services were introduced to replace the in-session Provisional Record, namely Internet services, photocopying and audio services. However, delegates subsequently complained that even with these services it was not possible to follow the debate in plenary properly, in particular when important issues were addressed, such as the Director-General's Report in 1997. As a result, the Governing Body decided at its 270th Session (November 1997)(3) to reinstate the printing of the Provisional Record during each Conference session.
Selective free distribution of Conference reports
15. This measure was proposed by the Employers' group and consists in limiting the provision of free copies of Conference reports to certain categories of representatives of member States, intergovernmental organizations and international workers' and employers' organizations. Representatives of other non-governmental organizations, visitors and persons attending the Conference in a non-official capacity (such as members of delegates' families) are thus required to pay for the reports. After some complaints by non-governmental organizations during the 83rd Session of the Conference, this measure now seems to be an accepted feature of the Conference and appreciated by the constituents.
16. As there is no need for any amendment on this point, the Governing Body may simply wish to confirm the practice.
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17. It appears from the above that the reforms that have been generally considered acceptable are not yet ripe for consolidation in the Standing Orders.
18. The Committee may accordingly wish to recommend to the Governing Body --
(a) that all the measures adopted at its 267th Session (November 1996), with the exception of that relating to the in-session publication of the Provisional Record, be maintained at the 86th Session (June 1998) of the Conference;
(b) that it consequently propose that the Conference again make the necessary derogations from articles 4, paragraph 2; 9(a); 14, paragraph 6; and 56, paragraph 9, of the Conference Standing Orders, so as to implement the above measures at that session;
(c) that it request the Office to revert to the matter on the basis of further experience.
Geneva, 2 March 1998.
Point for decision: Paragraph 18.