|
GB.271/LILS/WP/PRS/4/1
| ||
|
| ||
|
Working Party on Policy regarding the Revision of Standards |
LILS/WP/PRS |
|
| |
FOURTH ITEM ON THE AGENDA
Other questions
Information note
In accordance with the request by the Working Party on Policy regarding the Revision of Standards, the Office prepares and updates an information note addressed to all units of the Office summarizing the decisions taken by the Governing Body on policy regarding the revision of standards. The attached updated information note takes into account the decisions of the Governing Body up to and including its 270th Session (November 1997).
Geneva, 26 February 1998.
Appendix
Policy regarding the revision of standards
Follow-up measures pursuant to Governing Body decisions
Information note addressed to all units of the Office
Contents
I. Conventions on basic human rights at work and priority Conventions
III. Promotion of the ratification of revised Conventions
IV. Promotion of the ratification of up-to-date Conventions
V. Shelving, abrogation and prospects for withdrawal of Conventions
1. At its 262nd Session (March-April 1995), the Governing Body approved the setting up of a Working Party on Policy regarding the Revision of Standards.(1) This decision was taken following the discussions on the standard-setting policy at the International Labour Conference in 1994. Since its creation, the Working Party has held five meetings (in November 1995, March and November 1996, and March and November 1997). It has formulated a significant number of recommendations that have been unanimously approved by the Committee on Legal Issues and International Labour Standards (LILS Committee) and the Governing Body. This note summarizes the decisions taken thus far by the Governing Body, in order to inform the technical and regional departments, the external offices and the multidisciplinary teams, and to guide them in the setting up of follow-up measures that the Governing Body decisions require.
2. Until now, the Working Party has conducted individual examinations of 120 Conventions. Decisions have been taken by the Governing Body for 115 of these Conventions.(2) The Conventions thus examined have been arranged into five groups for which the Governing Body recommends a certain range of actions, to be taken either by the Office or by the member States.
I. Conventions on basic
human rights at work
and priority Conventions
3. In November 1995, the Governing Body confirmed the central role of ten Conventions within the standards system. It considered that these Conventions remained fully relevant and up to date, and that there was no reason to contemplate their revision.
(a) Six Conventions on basic human rights in three areas:
|
Freedom of association |
Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87)
|
|
Forced labour |
Forced Labour Convention, 1930 (No. 29)
|
|
Non-discrimination |
Equal Remuneration Convention, 1951 (No. 100)
|
In the course of the examination of the Right of Association (Agriculture) Convention, 1921 (No. 11), the Governing Body invited member States to ratify on a priority basis Convention No. 87.
4. The Governing Body decision strengthens the essential role and function of these Conventions, as recognized by the World Summit on Social Development in Copenhagen (March 1995). It will be recalled that a ratification campaign is under way which is aimed at the universal ratification of these Conventions including the Minimum Age Convention, 1973 (No. 138).(3)
(b) Four priority Conventions, in three areas:
|
Employment policy |
Employment Policy Convention, 1964 (No. 122) |
|
Labour inspection |
Labour Inspection Convention, 1947 (No. 81)
|
|
Tripartite consultation |
Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) |
5. The decision regarding these ten Conventions follows from the decisions of the Governing Body in 1993(4) that detailed reports on the application of these Conventions be requested every two years for examination by the Committee of Experts on the Application of Conventions and Recommendations.
A. Decisions to revise
6. Proposals for revision have been approved by the Governing Body with respect to seven Conventions.
(a) Five proposals are final:
|
Maternity protection |
Maternity Protection Convention, 1919 (No. 3)
|
|
Night work of children and young persons |
Night Work of Young Persons (Industry) Convention, 1919 (No. 6)
|
The question of a revision of the instruments on maternity protection is already on the agenda of the Conference for 1999. The Working Party recommended that Convention No. 3 be taken into consideration in this context. The Working Party also invited the States parties to Conventions Nos. 3 and 103 to contemplate denouncing Convention No. 3.
(b) Two proposals are conditional:
|
Hours of work |
Sheet-Glass Works Convention, 1934 (No. 43)
|
The Working Party has recommended that these two Conventions be included among the Conventions that might be revised should the Working Party recommend a revision of other Conventions dealing with hours of work and working conditions of shift workers.
B. Requests for additional information
7. In the case of 28 Conventions, the Governing Body decided that additional information should be requested from the constituents in order to be able to evaluate more precisely the needs for revision of these instruments.
8. General surveys. Concerning eight Conventions, the Governing Body decided to invite the member States to provide reports under article 19 of the Constitution and to ask the Committee of Experts to carry out a General Survey based on such reports.
|
Migrant workers |
Migration for Employment Convention (Revised), 1949 (No. 97)
|
General Survey
|
|
Hours of work |
Hours of Work (Industry) Convention, 1919 (No. 1)Hours of Work (Commerce and Offices) Convention, 1930 (No. 30) |
General Survey
|
|
Night work of women |
Night Work (Women) Convention, 1919 (No. 4)
|
General Survey
|
|
Dockworkers |
Dock Work Convention, 1973 (No. 137) |
General Survey
|
9. Requests for ad hoc information. As regards 20 Conventions, the Governing Body decided to request information directly from the member States.
(a) In the case of three Conventions, the Governing Body has invited member States to inform the Office of the need for a full or partial revision of each of these Conventions, and, if appropriate, of the form that such a revision might take.(5)
|
Occupational safety and health |
Marking of Weight (Packages Transported by Vessels) Convention, 1929 (No. 27)
|
(b) In the case of 13 other Conventions, the Governing Body has invited the member States, which have not already ratified these Conventions, to examine the possibility to do so, and to inform the Office of the obstacles and difficulties encountered, if any, that might prevent or delay the ratification or which might point to the need for a full or partial revision.
|
Equality of opportunity and treatment |
Workers with Family Responsibilities Convention, 1981 (No. 156) |
|
Employment security |
Termination of Employment Convention, 1982 (No. 158) |
|
Hours of work |
Hours of Work and Rest Periods (Road Transport) Convention, 1979 (No. 153) |
|
Paid leave |
Holidays with Pay Convention, 1970 (No. 132)
|
|
Occupational safety and health |
Guarding of Machinery Convention, 1963 (No. 119)
|
|
Social security |
Invalidity, Old-Age and Survivors' Benefits Convention, 1967 (No. 128)
|
|
Employment of children and young persons (6) |
Medical Examination of Young Persons (Industry) Convention, 1946 (No. 77)
|
(c) In the case of four other Conventions, the Governing Body has invited those member States which have not yet ratified these Conventions to inform the Office of the obstacles and difficulties encountered, that might prevent or delay ratification.
|
Wages |
Labour Clauses (Public Contracts) Convention, 1949 (No. 94)
|
|
Occupational safety and health |
White Lead (Painting) Convention, 1921 (No. 13) |
|
Social security |
Social Security (Minimum Standards) Convention, 1952 (No. 102) |
The Governing Body has noted the importance of the substantive content of Convention No. 102. It sought to obtain from member States information regarding reasons for the limited recourse to the flexibility clauses included in the Convention. The Working Party will re-examine the status of the Convention in due course, including the possible need for a full or partial revision of the Convention in the light of the information available. Furthermore, the Programme and Budget for 1998-99 provides for a high-level technical study on the principles contained in the Convention.
C. Status quo
10. Regarding the following seven Conventions, the Governing Body decided to opt for the status quo, considering that at present a revision could not be recommended.
|
Employment policy |
Unemployment Convention, 1919 (No. 2) |
|
Employment services |
Employment Service Convention, 1948 (No. 88) |
|
Social policy |
Social Policy (Basic Aims and Standards) Convention, 1962 (No. 117) |
|
Wages |
Minimum Wage-Fixing Machinery Convention, 1928 (No. 26)
|
|
Hours of work |
Forty-Hour Week Convention, 1935 (No. 47) |
|
Dockworkers |
Dock Work Convention, 1973 (No. 137) |
D. Particular cases
11. In the case of four Conventions relating to workers in non-metropolitan territories, the Governing Body asked the Office to engage in consultations with the governments concerned.(8) These Conventions will be re-examined by the Working Party at a later stage, taking into account the outcome of these consultations.
III. Promotion of the ratification of revised Conventions
12. The Governing Body considered that 34 Conventions, out of the 120 examined, were no longer up to date. It decided to invite the States parties to these Conventions to contemplate ratifying the recent Convention and denouncing, at the same time, the corresponding previous Convention. This invitation is accompanied by a request for information on the obstacles and difficulties encountered, if any, that might prevent or delay the ratification of the recent instruments. In its decision of November 1997, the Governing Body underlined the importance of promoting the ratification of revised or up-to-date Conventions rather than previous or outdated Conventions.
13. The main concern of the Working Party has been to avoid a member State deciding on an immediate denunciation of a Convention while postponing, until a later date, the ratification of the corresponding recent Convention. In this regard, during the discussions in the Working Party, both the Employer and the Worker members stressed that these two measures (ratification/denunciation) together constituted a balanced action that should not be disrupted, and that they should be taken concurrently.(9)
14. The Governing Body has also emphasized that the implementation of these decisions implied that the member States would engage in tripartite consultations, particularly taking into account the procedures provided for in the framework of the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144), and the Tripartite Consultation (Activities of the International Labour Organisation) Recommendation, 1976 (No. 152).
15. The revised Conventions have not always been widely ratified, while leaving in force the initial Conventions normally closed to ratification. The Working Party has made proposals aimed at reactivating the ratification of these revised Conventions and the denunciation, at the same time, of the initial Conventions. The Governing Body has decided accordingly in the case of the following 26 Conventions:
|
Subject-matter |
Conventions proposed for ratification |
Conventions proposed for denunciation |
|
Employment services |
Private Employment Agencies Convention, 1997 (No. 181) |
Fee-Charging Employment Agencies Convention, 1933 (No. 34) |
|
Statistics |
Labour Statistics Convention, 1985 (No. 160) |
Convention concerning Statistics of Wages and Hours of Work, 1938 (No. 63) |
|
Hours of work |
Hours of Work and Rest Periods (Road Transport) Convention, 1979 (No. 153) |
Hours of Work and Rest Periods (Road Transport) Convention, 1939 (No. 67) |
|
Paid leave |
Holidays with Pay Convention (Revised), 1970 (No. 132) |
Holidays with Pay Convention, 1936 (No. 52)
and
|
|
Social security |
Medical Care and Sickness Benefits Convention, 1969 (No. 130) |
Sickness Insurance (Industry) Convention, 1927 (No. 24)
|
|
Invalidity, Old-Age and Survivors' Benefits Convention, 1967 (No. 128) |
Old-Age Insurance (Industry, etc.) Convention, 1933 (No. 35)
| |
|
Employment Promotion and Protection against Unemployment Convention, 1988 (No. 168) |
Unemployment Provision Convention, 1934 (No. 44) | |
|
|
Maintenance of Social Security Rights Convention, 1982 (No. 157) |
Maintenance of Migrants' Pension Rights Convention, 1935 (No. 48) |
|
Occupational safety and health |
Occupational Safety and Health (Dock Work) Convention, 1979 (No. 152) |
Protection against Accidents (Dockers) Convention, 1929 (No. 28)
and
|
|
Safety and Health in Construction Convention, 1988 (No. 167) |
Safety Provisions (Building) Convention, 1937 (No. 62) | |
|
Employment of women |
Night Work (Women) Convention (Revised), 1948 [and Protocol, 1990] (No. 89)
or
|
Night Work (Women) Convention, 1919 (No. 4),
and/or
|
|
Minimum age |
Minimum Age Convention, 1973 (No. 138) (10) |
Minimum Age (Industry) Convention, 1919 (No. 5)
|
|
Indigenous and tribal peoples |
Indigenous and Tribal Peoples Convention, 1989 (No. 169) |
Indigenous and Tribal Populations Convention, 1957 (No. 107) |
16. In eight other cases, although the previous Convention had not been formally revised, the Governing Body decided, as regards the parties to such Conventions, to promote the ratification of the recent corresponding Convention and the denunciation, at the same time, of the earlier Convention.
|
Subject-matter |
Conventions proposed for ratification |
Conventions proposed for denunciation |
|
Night work |
Night Work Convention, 1990 (No. 171) |
Night Work (Bakeries) Convention, 1925 (No. 20) |
|
Employment of women |
Safety and Health in Mines Convention, 1995 (No. 176) |
Underground Work (Women) Convention, 1935 (No. 45) (11) |
|
Migrant workers |
Migration for Employment Convention (Revised), 1949 (No. 97) |
Inspection of Emigrants Convention, 1926 (No. 21) |
|
Indigenous workers |
Indigenous and Tribal Peoples Convention, 1989 (No. 169)
and/or
|
Recruiting of Indigenous Workers Convention, 1936 (No. 50)
|
|
Indigenous and Tribal Peoples Convention, 1989 (No. 169) |
Penal Sanctions (Indigenous Workers) Convention, 1939 (No. 65)
|
IV. Promotion of the ratification of up-to-date Conventions
17. In the case of the following 18 Conventions, the Governing Body considered that their ratification should be encouraged either because these were recent Conventions, or because it considered that these Conventions continued to respond to current needs.
18. In the case of seven Conventions, the Governing Body has invited the member States to contemplate ratifying the Convention:
|
Employment |
Human Resources Development Convention, 1975 (No. 142)
|
|
Labour administration |
Labour Administration Convention, 1978 (No. 150) |
|
Weekly rest |
Weekly Rest (Industry) Convention, 1921 (No. 14)
|
|
Occupational safety and health |
Hygiene (Commerce and Offices) Convention, 1964 (No. 120) |
|
Plantations |
Plantations Convention, 1958 [and Protocol, 1982] (No. 110) |
19. As concerns 11 other Conventions, the invitation to the member States to contemplate ratifying the Convention is accompanied by a request for information on the obstacles and difficulties encountered, if any, with regard to ratification.
|
Freedom of association |
Workers' Representatives Convention, 1971 (No. 135)
|
|
Industrial relations |
Collective Bargaining Convention, 1981 (No. 154) |
|
Wages |
Minimum Wage Fixing Convention, 1970 (No. 131) |
|
Occupational safety and health |
Radiation Protection Convention, 1960 (No. 115)
|
|
Social security |
Equality of Treatment (Social Security) Convention, 1962 (No. 118) |
|
Nursing personnel |
Nursing Personnel Convention, 1977 (No. 110) |
In the course of the examination of the Equality of Treatment (Accident Compensation) Convention, 1925 (No. 19), the Governing Body invited the States parties to Convention No. 19 to contemplate ratifying the Equality of Treatment (Social Security) Convention, 1962, (No. 118), accepting the obligations of this Convention in particular in respect of its branch (g) (employment injury benefit).
V. Shelving
, abrogation and prospects for
withdrawal of Conventions
A. Decisions to shelve
20. The Governing Body considered that certain Conventions no longer corresponded to current needs, and that they had become outmoded or obsolete. It accordingly decided to shelve, with immediate effect, the 25 following Conventions:
|
Employment service |
Fee-Charging Employment Agencies Convention, 1933 (No. 34) |
|
Hours of work |
Hours of Work (Coal Mines) Convention, 1931 (No. 31)
|
|
Night work |
Night Work (Bakeries) Convention, 1925 (No. 20) |
|
Occupational safety and health |
Protection against Accidents (Dockers) Convention, 1929 (No. 28) |
|
Social security |
Old-Age Insurance (Industry, etc.) Convention, 1933 (No. 35)
|
|
Minimum age |
Minimum Age (Non-Industrial Employment) Convention (Revised), 1937 (No. 60) |
|
Migrant workers |
Inspection of Emigrants Convention, 1926 (No. 21)
|
|
Indigenous workers |
Recruiting of Indigenous Workers Convention, 1936 (No. 50)
|
21. Ratification of shelved Conventions is no longer encouraged and their publication in Office documents, studies and research papers is to be discontinued. Shelving also means that detailed reports on the application of these Conventions are no longer requested. However, it leaves intact the right to invoke provisions relating to representations and complaints under aticles 24 and 26 of the Constitution. It also allows employers' and workers' organizations to continue to make comments in accordance with the regular supervisory procedures, and the Committee of Experts to review these comments and to request, if appropriate, detailed reports under article 22 of the Constitution. Finally, shelving has no impact on the status of these Conventions in the legal systems of the member States that have ratified them.
B. Deferred shelving
22. Furthermore, the Governing Body decided to defer the shelving of ten Conventions.
23. The Governing Body considered the shelving of Conventions Nos. 63 (statistics), 4 and 41 (night work of women) could only be envisioned following ratifications of corresponding revised Conventions.
24. Regarding the Conventions Nos. 32 and 62 (occupational safety and health), 24, 25, and 44 (social security), the States parties are invited to inform the Office of the obstacles and difficulties encountered, if any, that might prevent or delay the ratification of the most recent Conventions, respectively the Occupational Safety and Health (Dock Work) Convention, 1979 (No. 152), Safety and Health in Construction Convention, 1988 (No. 167), Medical Care and Sickness Benefits Convention, 1969 (No. 130), and the Employment Promotion and Protection against Unemployment Convention, 1988 (No. 168).
25. Finally, the decision regarding the shelving of two Conventions relating to workers in non-metropolitan territories (Conventions Nos. 82 and 83) will be re-examined in the light of consultations to be held between the Office and the member States concerned.
C. Prospects for the abrogation or withdrawal of Conventions
26. At its 85th Session in June 1997, the Conference adopted an amendment to the ILO Constitution and the Standing Orders of the Conference so as to enable the Conference to abrogate or withdraw international labour Conventions and Recommendations. This amendment added to article 19 a new paragraph 9 enabling the Conference to abrogate, by a majority of two-thirds of the votes of delegates present, any Convention that has lost its purpose or that no longer makes a useful contribution to attaining the objectives of the Organization. Prior to its consideration by the Conference, the Governing Body should, as far as possible, reach a consensus on such decision, or, if such a consensus cannot be reached, take a decision by a four-fifths majority of its members. In accordance with article 36 of the Constitution, the amendment will enter into force when it has been ratified by two-thirds of the Members of the Organization, including five out of ten members which are represented on the Governing Body as members of chief industrial importance. In contrast, the Conference could withdraw a Convention which has never entered into force or was no longer in force because of denunciations or a Recommendation without waiting for the entry into force of the constitutional amendment.
27. The Governing Body retained eight shelved Conventions as candidates for a possible withdrawal or abrogation.(12) These include the following Conventions:
- Hours of work: Conventions Nos. 31, 46, 51, 61 and 67
- Occupational safety and health: Convention No. 28
- Minimum age: Convention No. 60
- Migrant workers: Convention No. 66.
Furthermore, at its meeting in November 1997, the Governing Body invited the Office to place before the Governing Body a document with a view to placing on the agenda of the Conference the withdrawal of Conventions Nos. 31, 46, 51, 61 and 66, since these had not entered into force. Such a document is before the Governing Body at this session.(13)
* * *
28. In response to a request by the Working Party, the Office presented a report at the meeting in November 1997 on the follow-up actions in relation to decisions of the Governing Body on the revision of standards taken by the Office and by member States. Requests for information on the need to revise 13 Conventions were addressed to all members States. The responses received will be examined at this session of the Governing Body.
29. The Governing Body invited the Office to continue to request the information required for Governing Body decisions in respect of policy regarding the revision of standards, and to take steps to promote the ratification of revised or up-to-date Conventions and the denunciation of earlier or obsolete ones, and to promote the ratification of revised or up-to-date Conventions rather than earlier or obsolete ones. The Office is also invited to provide necessary technical assistance to member States so that they may provide detailed replies to requests for information, in order to contribute to the future work of the Organization in respect of policy regarding the revision of standards. A detailed report on follow-up measures will be presented to the Governing Body in November 1998.
30. The Director-General would expect the full cooperation from all units and officials concerned, and in particular from the specialists in the multidisciplinary teams, in the follow-up on the decisions taken by the Governing Body, which are of crucial importance to the credibility and the efficiency of the standards system of the Organization.
1. The mandate of the Working Party is appended to GB.267/LILS/WP/PRS/2.
2. The text of the decisions appear in GB.264/9/2, GB.265/8/2, GB.267/9/2, GB.268/8/2 and GB.270/9/2 and the factual background and analysis of the Conventions examined are contained in GB.265/LILS/WP/PRS/1, GB.267/LILS/PRS/2, GB.268/LILS/WP/PRS/1 and GB.270/LILS/WP/PRS/2.
4. GB.258/6/19, Appendix I.
5. Including the possible adoption of a Protocol as regards Conventions Nos. 27 and 136.
6. The member States have not been invited to contemplate ratifying Convention No. 13.
7. The Governing Body has invited the States parties to Convention No. 95 to contemplate ratifying the Convention concerning the Protection of Workers' Claims in the Event of the Insolvency of their Employer, 1992 (No. 173), which revises Article 11 of Convention No. 95.
8. With regard to the Social Policy (Non-Metropolitan Territories) Convention, 1947 (No. 82), it is a matter of making sure that its provisions are being applied by States parties in the framework of other Conventions in the non-metropolitan territories concerned.
In the case of the Labour Standards (Non-Metropolitan Territories) Convention, 1947 (No. 83), it is a matter of examining in what way the Conventions listed in the annex to Convention No. 83 could continue to be applied in the non-metropolitan territories concerned.
The member States that have made a formal commitment to apply the provisions of the Right of Association (Non-Metropolitan Territories) Convention, 1947 (No. 84), are invited to contemplate ratifying the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and/or, as appropriate, the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).
The five States parties to the Labour Inspectorates (Non-Metropolitan Territories) Convention, 1947 (No. 85), are invited to contemplate extending the application of the Labour Inspection Convention, 1947 (No. 81), and/or of the Labour Inspection (Agriculture) Convention, 1969 (No. 129), to non-metropolitan territories that continue to be governed by the provisions of Convention No. 85.
9. The technical modalities for denunciation vary from one instrument to another. Conventions incorporating standard final provisions state that ratification of the new revising Convention shall ipso jure involve the immediate denunciation of the Convention being revised. Where the Conference has decided otherwise, however, and for Conventions adopted before 1929 that did not contain this provision, denunciation is not automatic. Furthermore, technically the registration of a denunciation can only be made during a given period of time. However, the Governing Body wished to place emphasis on the political decision to be taken by the governments, in consultation with the social partners, and not on the technical modalities.
10. The Governing Body invited, on a priority basis, the States parties to previous Conventions to contemplate ratifying Convention No. 138, with recourse to technical assistance as required.
11. The Governing Body invited the States parties to Convention No. 45 to contemplate ratifying Convention No. 176 and possibly denouncing Convention No. 45.
12. Before the meaning of this term had been clarified in GB.267/LILS/WP/PRS/1.