GB.273/2 - Governing Body

1. At its November 1997 session, the Governing Body had before it, on an experimental basis, a draft portfolio of proposals intended for the first discussion of the items to be placed on the agenda of the Conference in the year 2000. On the basis of guidelines that the Governing Body had defined in November 1997 and March 1998, the Director-General was invited to repeat the experience. In May 1998 he sent a letter to all the governments of the member States and to the representatives of the employers' and workers' organizations within the Governing Body to request their views and proposals in this regard. The information provided by the constituents in their replies to the Director-General's letter served as the basis for this document.

(a) The constituents' consultations

2. At the time of writing (21 September) the Office has received replies from 59 member States.⁽¹⁾ The Employers' group sent the Office detailed proposals on behalf of the organizations it represents. The Workers' group sent observations on behalf of the workers' organizations, reserving the right to submit additional proposals directly to the Governing Body at its November session. All the proposals received have been listed in this document as requested by the Governing Body.

3. There was an increase of approximately 30 per cent in 1998 in relation to 1997 in the government response rate to consultations on the portfolio. A considerable number of replies referred to preliminary tripartite consultations. In a number of cases, the separate opinions of the national employers' and workers' organizations were annexed to the governments' replies. It therefore appears that consultations on the portfolio have the support of a growing number of governments and employers' and workers' organizations and that they are contributing to the promotion of the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144), and Recommendation, 1976 (No. 152). In many replies the constituents expressed their satisfaction at having been consulted directly. The replies often contained detailed proposals and in some cases new suggestions.

4. The Director-General therefore proposes to the Governing Body that the consultation of constituents should continue next year, with a letter being sent to them following the March session of the Governing Body to request their proposals, which will then be examined at the November 1999 session of the Governing Body.

(b) Changes to the portfolio

5. In November 1997, the Governing Body approved the layout of the portfolio, based on the classification by subject of international labour standards. The same layout has been used in this document, which also contains a list of items that could be selected by the Governing Body for a second discussion at its March 1999 session. At the end of the document, under "Other proposals", there is a series of less detailed proposals. Most of these are suggestions or ideas put forward by the constituents in their replies to the Director-General's letter, which the Office has not yet researched.

6. The Governing Body had decided that the portfolio should be a flexible working instrument and that it should be regularly updated. This document includes a number of modifications as compared with the list of detailed proposals submitted in 1997. Some proposals have been added, in particular six proposals for the revision of Conventions following the recommendations of the Working Party on Policy regarding the Revision of Standards of the LILS Committee and the decisions taken by the Governing Body in March 1998. Furthermore, two new proposals for a general discussion have been included: youth employment, as requested by the Employers' group, and the employment of women, an issue which has gained the support of a number of governments and of the Workers' group. On the other hand, the question of the protection of workers' personal data has been temporarily removed from the list of proposals, until sufficient information is gathered about the implementation of the code of practice recently adopted on this subject. The question of contract labour has been set aside, in accordance with the decision taken by the Conference in June 1998, and it will be put back into the portfolio when appropriate.

7. Several proposals submitted in 1997 were revised in the light of suggestions made by the Governing Body and consultations held by the constituents. The issue of ILO peace-building operations was broadened to include cooperation within the United Nations system and the coordination of international efforts in favour of the some 50 countries emerging from armed conflicts. The proposal on labour dispute resolution placed greater emphasis on the new trends being seen in dispute settlement within enterprises; the title and wording of the proposals have been changed as a result. Prison labour no longer comes under the heading of basic human rights at work, but instead takes the form of a proposal on conditions of work in prisons. The proposal concerning the recording and notification of occupational accidents and diseases now includes two options for standard-setting action, to take into account the observations made within the Governing Body. Lastly, the question of equality of treatment among men and women in the sphere of social security has been incorporated into the revised proposal concerning the issues and prospects of social security.

8. In order to keep the portfolio up to date, the Governing Body is invited to provide guidelines on the proposals it considers to be priority ones; on the questions which in its view should be removed from the portfolio; and on the changes that should be made to the titles and content of certain detailed proposals. Furthermore, among the "Other proposals" listed at the end of the document, a number of suggestions or ideas could be enlarged upon and incorporated into the more detailed proposals to be submitted to the Governing Body in November 1999. At present, the Office is planning to prepare a more detailed proposal concerning the informal sector for next year, and another one on better collaboration and coordination with the United Nations agencies and bodies in the field of working life, taking due account of the follow-up to the Copenhagen Summit.

9. (c) The preparation of proposals

As the new title of this document indicates, the portfolio responds to the need to establish a programme of work covering several years to ensure better preparation for the work of the Conference. It therefore includes proposals at very different stages of development. One of its main advantages is its presentation of a much more varied range of subjects to the Governing Body than in the past. This could, however, prove dangerous if it led the Governing Body to select an item that had not been developed sufficiently to be the focus of standard-setting action or even a general discussion at the Conference. In order to reduce this risk, the Office has been careful to specify the degree of research and preparatory work carried out for each proposal, and to list those proposals which have already been sufficiently developed. This list, which can be found at the end of the document, is not an exhaustive one; its aim is to provide the Governing Body with information on the proposals that the Office considers to be sufficiently developed to be ready to be included in the agenda of the Conference in the year 2001.

10. As for the other proposals, a distinction must be made between those for which research has already been done, and in some cases for which meetings of experts have already been convened, and the new proposals which are still no more than simply ideas. In the first case, if the Governing Body decided to give priority to one of these proposals, the Office could accelerate the preparatory work and specify a timetable for its completion, so that the Governing Body will know how long it will probably be before the question can be discussed by the Conference. In the case of new proposals, or of ideas, the Governing Body is invited to indicate which proposals should be presented in greater detail in the next version of the portfolio, so that their feasibility and relevance may be ascertained.

11. The Governing Body is invited to examine the draft portfolio in the framework of the selection of subjects for a first discussion, as provided in article 10, paragraph 1, of the Standing Orders of the Governing Body, with a view to drawing up the agenda of the 89th Session of the Conference in the year 2001. For the March 1999 session, the Office will prepare documents to allow the Governing Body to determine whether the items it has selected during the current session are appropriate for standard-setting action given their "added value", and also the concise statement stipulated in article 10, paragraph 2, of the Standing Orders of the Governing Body. The Conference will also have before it the following standing agenda items:

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.

12. The agenda of the 88th Session (2000) of the Conference, as drawn up by the Governing Body at its 271st Session (March 1998), includes the following three items: (1) Revision of the Maternity Protection Convention (Revised), 1952 (No. 103), and Recommendation, 1952 (No. 95) (second discussion); (2) Human resources training and development: Vocational guidance and vocational training (general discussion); (3) Safety and health in agriculture (first discussion). Furthermore, the Conference will have before it the withdrawal of Conventions Nos. 31, 46, 51, 61 and 66. Given that a second discussion should take place in the year 2001 concerning the question of safety and health in agriculture, at its March 1999 session the Governing Body will only have to select two other technical items in order to complete the agenda of the 89th Session (2001) of the Conference.

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A. Basic human rights at work

1. New measures concerning discrimination in
employment and occupation

(a) The problem

13. 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 a Protocol to the Convention that would cover two points: (1) to provide additional grounds on which discrimination would be prohibited under the Convention, taking account of changes which have taken place in this field and are reflected in national law, as well as incorporating 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.

14. The Committee of Experts did not propose revising the Convention, but rather suggested adding a 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. There appears to be general agreement that this approach would be the preferred one should the subject be dealt with.

15. 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 requires ratifying States to take action against discrimination in employment and occupation on the basis 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.

16. While the detailed findings of the Committee of Experts are not reproduced here,⁽²⁾ 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, adding additional prohibited grounds in international law.⁽³⁾ 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.

17. Renewed attention should be directed to the fact that the Committee of Experts also devoted considerable attention in the Special Survey to the additional grounds of discrimination that are covered in other ILO standards.⁽⁴⁾ 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. This may be a particularly important point in the context of the ILO's work in revising its body of standards and rendering them more coherent.

18. In addition, the Committee of Experts felt that there was a need to examine the burden of proof as an element for a 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. In the previous discussion, little weight was placed on this question; and while it is relevant to the question of extended grounds, it need not be considered on the same footing if the Governing Body considers that the former question is of greater urgency.

(b) Proposed solution

19. The Governing Body is therefore invited to give further consideration to the proposal by the Committee of Experts to examine a Protocol to Convention No. 111 on possible additional grounds of discrimination. The Committee recommended that the Governing Body and the Conference consider two alternative solutions in this respect. 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 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. 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. 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.

(c) Origin of the proposal

20. 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.

(d) Relation to existing instruments

21. This would be a Protocol to Convention No. 111 and would not modify the Convention itself.

22. 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.⁽⁵⁾ The ILO instruments in which others of the proposed grounds are included are listed in the Special Survey.

23. 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. While one speaker in the previous discussion⁽⁶⁾ would have preferred that this route be pursued, the Committee of Experts suggested the Protocol as a better way of allowing States to extend the grounds covered by the Convention. It may also be noted that suggestions by the Committee of Experts to governments that they have recourse to Article 1(1)(b) have not yet met with a positive response.

24. 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 carry out consultations in this regard.

25. 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.

(e) Future prospects

26. In the previous discussion at the Governing Body concerning this issue six governments supported the proposal to adopt new measures in this regard, while two opposed it. In earlier discussions the Workers' group had favoured the proposal while the Employers' group had opposed it.

27. In the 1998 consultations, 21 governments⁽⁷⁾ supported this proposal. One government⁽⁸⁾ reiterated its opposition and another government⁽⁹⁾ proposed to postpone any action in this area. Of those in favour, 11 governments specified that they would support a standard-setting action,⁽¹⁰⁾ while eight governments⁽¹¹⁾ proposed to hold a general discussion.

28. If the Governing Body so decides, the Office would be prepared to move ahead quickly to examine a possible Protocol, on the basis of information already available in the Office (principally legislation forwarded in the context of reports on Convention No. 111 and on the other ILO standards covering various grounds of discrimination).

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B. Employment

2. Investment and employment⁽¹²⁾

(a) The problem

29. Many conclusions and recommendations of the ILO place an explicit reliance on investment as the prime determinant of economic growth and development. However, little attention has been given to ensuring that conditions are met for investment to contribute to social goals and for social considerations to be respected in the process of capital accumulation.

(b) Proposed solution

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

means of increasing the employment-generating capacity of investment processes;
a framework for ensuring that investment contributes to both social and economic goals;
review of the effectiveness of policies and programmes aimed at increasing investment by small and medium-sized enterprises;
the interaction between different forms of labour market regulation and decisions on the scale and location of investment;
review of the foreign direct investment flows, taking into account the role of the domestic demand in the host countries, the share of investments for expansion or rationalization and the investment flows between regions;
appropriate policies and programmes to ensure the consistency of foreign direct investment with social considerations, including its impact on regional development within host countries;
the role of social security funds, especially private pension funds, as investors.

31. This topic could be extended to the issue of means to sustain investment during periods of economic crisis and of ensuring socially acceptable responses to sudden downturns in business activity, in view of the recent Asian crisis, the current crisis in Russia and concerns regarding development in Latin America. In this respect, the discussion might also include crisis-preventive and countermeasures for minimizing job losses and negative social consequences of such an event.

(c) Origin of the proposals

32. 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

33. 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

34. 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 undertaken by the Office.

(f) Future prospects

35. This proposal enjoyed wide support by the members of the Governing Body at its November 1997 and March 1998 sessions when it examined questions for inclusion on the Conference agenda for the year 2000. In November 1997 nine governments⁽¹³⁾ supported this proposal. In March 1998 when the Governing Body examined a more detailed proposal on this subject, it was supported by 12 governments⁽¹⁴⁾ as well as by the Employers' group.

36. In the ensuing consultations in 1998, 23 governments⁽¹⁵⁾ took up and supported this item, while two governments⁽¹⁶⁾ preferred it not to be retained in the portfolio. Two governments⁽¹⁷⁾ suggested a joint consideration of this subject and issues related to youth employment. Of those in favour, 13 governments⁽¹⁸⁾ expressed a preference for holding a general discussion while six governments⁽¹⁹⁾ would envisage a standard-setting action.

3. Youth employment

(a) The problem

37. Youth unemployment is chronic in many member States and the rate of unemployment among young people is much higher than among adults. In developing countries, as well as in transition economies, existing data suggest that the gap between youth and adult unemployment rates is particularly wide. Although youth unemployment tends to be of shorter duration than adult unemployment, patterns of behaviour established early in working life are likely to persist. Unemployment in early working life increases the likelihood of further and more prolonged spells of unemployment and permanently affects a worker's employability.

38. The most important single cause of youth unemployment is insufficient aggregate demand for labour, followed by demographic factors, such as the fast growth of the young labour force. The effect of wage levels on youth unemployment is less conclusive, but appears to be minor compared to the previous two factors. Any strategy to combat youth unemployment has to take the macroeconomic environment into account.

39. Youth employment policies need to be administered in an integrated framework that also takes into account educational and training policies. Attention needs to be paid to the expectations and aspirations of young people, and programmes should be carefully targeted. The problems faced by teenagers (15-19) and young adults (20-24) in obtaining high-quality jobs are quite different. A number of subgroups within the category of young people also merit special attention, including young women, ethnic minorities and those with low levels of education and skills.

40. Experience has demonstrated that the involvement of employers' and workers' organizations in the design and implementation of policy and programmes improves their effectiveness. Youth employment is a major priority of employers' and workers' organizations. The International Organization of Employers (IOE) presented its action programme on youth employment at the first 1998 session of its General Council. The action programme stresses the crucial role of the private sector in providing vocational training and offering job opportunities for young people. The International Confederation of Free Trade Unions adopted an action plan on youth employment at the 100th meeting of its executive board. The action plan stresses that youth unemployment is a global problem requiring global action and emphasizes the role that can be played by tripartite structures in designing and implementing action on job creation, education and training for young people.

41. In many countries there is a dearth of adequate and up-to-date labour market information that would help in the design of policy and provide better information to young people themselves on available opportunities. Similarly, programmes are often implemented without adequate mechanisms for monitoring and evaluation, which is of fundamental importance in identifying which schemes work and why.

(b) Proposed solution

42. If selected as a topic for general discussion, the Conference may find it appropriate to discuss some of the following questions with a view to drawing up an international strategy for youth employment:

Work experience as part of training. How to balance vocational training programmes with work experience and/or public works schemes?
The effectiveness of job search assistance.
Apprenticeships versus ongoing training. How big an initial investment in training should firms and individuals make? How should training be phased throughout individuals' working lives?
Effective enforcement of a minimum school-leaving age. This may both reduce the supply of young people to the labour market as well as improve the basic skills of labour market entrants.
Minimum wages and youth employment. The relationship between minimum wage fixing and employment, particularly the question of a lower minimum wage for young people, has long been a controversial one. Evidence on this point will be further investigated.
Who pays for youth training? Often the cost of training is split between the individual trainee through the payment of a relatively low allowance, the firm and the government. The lower remuneration of young trainees is an exchange for employment and significantly higher wages than unskilled workers.
Who provides youth training? Much evidence suggests that a strong work-based component in training enhances its effectiveness.
The importance of good quality employment. Young people should not get back to work at any cost. The quality of work in terms of the wages and conditions of such employment is important.
Special programmes for disadvantaged youth. Should special emphasis be placed on targeted programmes for young people who face multiple disadvantages in entering productive employment?
Should participation in schemes be compulsory? Some argue that compulsory participation is justified on the grounds that attachment to the labour market should be maintained, but compulsory schemes are likely to be less effective than voluntary ones. Such schemes may also contradict the fundamental ILO principle of promoting "full, productive and freely chosen employment".
Role of the social partners. Which mechanisms involve the social partners in the design and implementation of youth employment policy most fruitfully?

(c) Origin of the proposal

43. When the Governing Body examined the portfolio of proposals at its session in November 1997, the Employers' group proposed this subject as a new item for consideration. It gained the support of four other members of the Governing Body.⁽²⁰⁾

(d) Relation to existing instruments

44. The ILO has adopted several Conventions and Recommendations relevant in this context. These include, inter alia, the Employment Policy Convention, 1964 (No. 122), the Minimum Age Convention, 1973 (No. 138) and the Human Resources Development Convention, 1975 (No. 142).

(e) Progress made in research and preparatory work

45. Several initiatives have been launched recently that are of special relevance to the ILO's work on youth and employment.⁽²¹⁾ These include the Action Programme on Youth Unemployment (during the 1996-97 biennium) and the Action Programme on Strategies to Combat Youth Marginalization and Unemployment (during the 1998-99 biennium). Attention has also been given to the effective integration of young people into working life.⁽²²⁾

46. Most recently, at the 86th Session of the International Labour Conference in 1998, a resolution entirely devoted to the issue of youth employment was adopted calling for the establishment of an international strategy for youth employment and disseminating best practice information and research on employment initiatives for youth. This resolution also provides that the ILO should "consider including, as soon as possible, an item for general discussion on the issue of youth employment in the agenda of the International Labour Conference".⁽²³⁾

(f) Future prospects

47. This new item, proposed by the Employers' group in November 1997, was examined in more detail by the Governing Body at its March 1998 session. The Employers' group reiterated their support for it, but clarified that they were in favour of a joint consideration thereof with the proposal related to human resources development. Eleven member States⁽²⁴⁾ also supported it. It was finally agreed that the question of human resources development be placed on the agenda for the Conference in the year 2000, but that the question of youth employment be maintained as a separate item in the portfolio.

48. In the consultations held during 1998, 26 governments⁽²⁵⁾ and one employers' organization took up and expressed support for this proposal. Of these, two governments⁽²⁶⁾ stated that it should be considered as a priority. Eleven governments⁽²⁷⁾ proposed a general discussion on this issue, while eleven governments⁽²⁸⁾ suggested standard-setting action.

49. The effect to be given to the 1998 resolution will be discussed in the Committee on Employment and Social Policy of the Governing Body at its present session.⁽²⁹⁾ The programme and budget to be submitted in March 1999 will probably include a proposal to convene a World Employment Forum during the 2000-01 biennium. These initiatives are directly related to the possibility of holding a general discussion at the Conference in 2001 on the issue of youth employment.

50. In August 1998, the first World Conference of Ministers Responsible for Youth was held in Portugal.⁽³⁰⁾ The main outcome of the conference was the Lisbon Declaration on Youth Policies and Programmes. The Preamble to the Declaration recognizes "the urgency of creating more and better jobs for young women and men and the central role of youth employment in facilitating the transition from school to work, thereby reducing crime and drug abuse and ensuring participation and social cohesion".⁽³¹⁾ In the section on employment, signatories to the Declaration committed themselves, inter alia, to affirming the ultimate societal goal of full employment; promoting equal employment opportunities and providing protection against discrimination; promoting research on youth unemployment, as well as taking effective measures to eliminate the worst forms of child labour and providing support to the ILO in developing a Convention for its elimination. The Declaration was adopted on 12 August, which was also designated as International Youth Day.

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C. Social policy

4. Promotion of cooperatives

(a) The problem

51. Some 800 million people around the globe are members of cooperatives. A further 100 million people are employed by cooperatives without being members. If one adds to these figures the numbers of persons who are economically dependent on those involved in cooperative businesses, one realizes that a considerable proportion of the world's population is economically dependent at least partly on cooperatives. Despite these facts, it is felt that the self-help potential of cooperatives remains underutilized, even though economic and social challenges in many countries require the mobilization of all available assets.

52. Since the adoption in 1966 of the Co-operatives (Developing Countries) Recommendation, 1966 (No. 127), on the role of cooperatives in the economic and social development of developing countries, political, economic and social changes have affected the situation of cooperatives throughout the world. While cooperatives seem to have a new role to play both in industrialized countries and in the former socialist countries, the focus of Recommendation No. 127 is limited to developing countries. New universal standards in this area could enable cooperatives to develop more fully their self-help potential, placing them in a better position to meet a number of current socio-economic challenges.

53. As far as developing countries are concerned, Recommendation No. 127 mirrored the development concerns of the 1960s, especially in its approach to the role of governments and cooperatives in the development process. Today, development is not conceived as a process to imitate already industrialized countries, nor are cooperatives seen as tools to be used by governments. In accordance with universally recognized cooperative principles, they are perceived as a means for their members to achieve their common economic and social goals.

54. In former socialist countries cooperatives were an integral part of the political system, a means of centralizing land use, employing agricultural labour and distributing consumer goods. The current privatization of the former socialist economies reaches beyond the land reform referred to in Recommendation No. 127; it involves the privatization of manufacturing facilities and service infrastructures. Some socialist-type cooperatives have been transformed into genuine cooperatives, while others have been bought out by individuals or by former members jointly. In view of the increasing number of requests to the ILO for technical assistance from both developing and transition countries, the Office needs direction in the form of new standards.

55. In industrialized countries it is the changing structure of cooperative enterprises and new forms of cooperatives that call for the application of new standards. The traditional structure of cooperatives in many of these countries is currently evolving to cope more effectively with competitive pressure from other forms of business organizations. On the other hand, the cooperative model of joint ownership and management is increasingly 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 continued downsizing resulting from globalization and technological change. The existing ILO standard does not take account of these developments.

(b) Proposed solution

56. It is proposed to elaborate standards of universal scope and to promote cooperative principles worldwide as a means of empowering civil society to reach economic and social goals through self-help. At a time when the changing role of governments coincides with the globalization of capital and the increasing internationalization of enterprises it is necessary to reinstate the role of the individual in decision-making. Cooperatives serve as a model of enterprise which are member-centred, oriented towards members' needs and have a specific mechanism for the distribution of surplus. Furthermore, the purpose of the new standards would be to focus on the autonomy of cooperative enterprises in competitive market environments and to limit state intervention in their affairs.

(c) Origin of the proposal

57. 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 effect 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 employers' and workers' 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.

58. 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 the adoption of 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

59. The only comprehensive international standard on cooperatives is Recommendation No. 127. Also of relevance are the Rural Workers' Organizations Convention, 1975 (No. 141), and Recommendation (No. 149); the Employment Policy Recommendation, 1984 (No. 169); and the Indigenous and Tribal Peoples Convention, 1989 (No. 169). These standards give examples of how specific groups may organize, including in the form of a cooperative, to what ends cooperatives may be used by their members, or they emphasize that groups living according to cultural traits which are not the ones of the majority of society should be protected in their way of organizing self-help associations, including cooperatives.

(e) Progress made in research and preparatory work

60. The Office issued a number of working papers in conjunction with the two meetings of experts. These include a series on factors leading to a favourable climate for cooperative development in Africa (1993), Asia (1994), Latin America (1996) and 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); a 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 studies on labour law and cooperatives (1995).

(f) Future prospects

61. The subject has been discussed three times in the Governing Body with support from a number of members. During the discussions at the November 1997 session of the Governing Body on the portfolio, the Workers' group reiterated their support for this item and it enjoyed the further support by four governments.⁽³²⁾ It was retained for a more detailed consideration at the March session 1998 at which time four governments⁽³³⁾ were favourable. The Employers' group noted that they were not opposed thereto.

62. During the ensuing consultations in 1998, 21 governments took up this item for discussion. Of these, 17 governments⁽³⁴⁾ supported this item. Two governments⁽³⁵⁾ held that it should not be considered with priority, while two governments⁽³⁶⁾ took the view that it should not be retained in the portfolio. Of those in favour, 11 governments⁽³⁷⁾ recommended standard-setting action while six governments⁽³⁸⁾ and one employers' organization preferred a general discussion on this subject. The workers' organizations were in favour of standard-setting on this subject.

5. The ILO's contribution to peace-building operations

(a) The problem

63. One of the most important tasks of the United Nations system today is to assist countries emerging from civil war and armed conflicts and who are in urgent need of restoring conditions for peace and ensuring respect for the rule of law which are fundamental to social justice.

64. The ILO has been engaged in peace-building operations ever since its creation and the adoption of, inter alia, the Employment (Transition from War to Peace) Recommendation, 1944 (No. 71), was a direct result of these efforts in the context of the Second World War. At present, half a century later, the ILO is faced with frequent requests to contribute to peace-building in the area of work. The ILO action should be undertaken in cooperation and coordination with the United Nations' actions in this field as well as with other international efforts with a view to assisting countries emerging from civil war or other armed conflicts.

65. 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 internal, 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.

66. 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.

67. 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.

68. 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 United Nations system-wide efforts and strategic framework for post-conflict reconstruction and sustainable peace promotion.

(b) Proposed solution

69. 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.

70. A general discussion at the International Labour Conference on assisting countries emerging from civil war or other armed conflicts and contributing to peace-building in the area of work 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.

71. 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.

72. 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.

73. 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.

74. 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

75. 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 ascendant, and that the link between the 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

76. 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

77. 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.

78. National studies have been completed in 16 countries.⁽³⁹⁾ Analytical synthesis reports have been finalized. 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.

79. 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

80. 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 would help define in more precise terms the nature and scope of the general discussion and of the proposals for subsequent standard-setting activities. In the discussion of the portfolio at the November 1997 session of the Governing Body, the Workers' group supported this item and proposed that additional research be carried out.

81. In the consultations carried out during 1998, 13 governments⁽⁴⁰⁾ were in favour of holding a general discussion on this subject. Of these, one government⁽⁴¹⁾ specifically wished to see the issue of child soldiers included in the considerations. One government⁽⁴²⁾ suggested that this issue should be included in the general discussion to be held in 1999 on "The role of the ILO in technical cooperation". One government⁽⁴³⁾ considered this subject should not be given priority and one government⁽⁴⁴⁾ and one employers' organization proposed that this subject be taken out of the portfolio. The workers' organizations were in favour of a general discussion on this subject.

* * *

D. Industrial relations

6. Alternative forms of labour conflict resolution

(a) The problem

82. A globalized economy and the transition to a market economy in many countries together with a host of other developments under a new workplace and economic environment have had far-reaching effects on labour management relations in general and on the level and nature of labour disputes and the way they are managed in particular. At one end is a declining rate of disputes which can however be more adversarial, complex, lengthy and intractable, and at the other, a more manageable incidence of dispute accompanied by major inroads to make labour-management relations more collaborative and teamwork-based for the mutual benefit of the parties. The future of the dispute resolution system and the existing traditional structures and approaches as well as related labour law reforms are now being debated and studied in many countries including the need to establish systems which are efficient and easily accessible to workers to ensure respect for their rights.

83. With the growing intensity of economic competition and financial turmoil, many countries, particularly developing countries, are additionally facing several new, more complex and costly labour disputes at national and local levels in both unionized and non-unionized sectors of the economy involving issues which range from wages and termination of employment to mass layoffs and job security arising from deregulation, downsizing, mergers, restructuring and bankruptcies. Institutions for dispute settlement and the traditional methods of conciliation, mediation, arbitration and adjudication are being challenged to adapt and become relevant to the new situation. More than simply acting as "firefighters" or reacting to a "crisis", the expectations now extend to their ability to guide the parties in moving from a relationship of antagonism to a relationship based on reconciliation, teamwork and cooperation.

84. Side by side with dispute resolution is the growing emphasis now being given to the prevention of disputes through various innovative techniques and approaches and the promotion of greater workplace cooperation in lieu of confrontation to enable the parties to solve their own problems amicably. They include timely advisory assistance with problems that have not developed into a dispute, addressing the underlying causes of disputes, and encouraging the effective use of collective bargaining, bilateral negotiations and joint problem-solving approaches. The list can be expanded to cover the promotion of "win-win" negotiation techniques and the application of preventive mediation together with the various forms of alternative dispute resolution (ADR).

85. The effective prevention and settlement of labour disputes remains a cornerstone of sound labour relations and it is essential that efficient and accessible machineries exist for this purpose in the interest of economic growth and social justice. Since labour disputes are inherent in all labour relations systems and different models of procedures and systems exist, what is important ultimately is to be able to take stock of the new developments in the world of work and to understand the essence of labour disputes and how they can be prevented and settled as promptly and fairly as possible.

(b) Proposed solution

86. The inclusion of the subject of the prevention and settlement of labour disputes in the portfolio is proposed with a view to a general discussion. A general discussion will be very timely and helpful to many countries in the context of the present-day labour relations landscape in the era of globalization through a better appreciation of labour disputes including their gender dimensions and how they can best be prevented and resolved, the introduction or strengthening of essential systems, mechanisms and procedures and the application of innovative, creative and effective tools and techniques to prevent and settle disputes. The general discussion can cover topics which may consist of the overall trends and developments on the subject, measures required to promote both the prevention and resolution of disputes, the need to establish or improve necessary mechanisms and procedures including labour law reforms, how to strengthen the traditional methods of dispute settlement together with the introduction of new methods and approaches, the role of the social partners and prospects for technical cooperation.

(c) Origin of the proposal

87. Proposals on this subject were presented to the Governing Body at its 26lst, 262nd, 267th, 268th, 270th and 27lst Sessions. Following the decision to maintain the subject in the portfolio and to update it, the proposals have accordingly been updated and reformulated.

(d) Relation to existing instruments

88. The 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 Right to Organise and Collective Bargaining Convention, 1949 (No. 98), the Labour Relations (Public Service) Convention, 1978 (No. 151), the Collective Bargaining Convention, 1981 (No. 154), the Examination of Grievances Recommendation, 1967 (No. 130), the Collective Agreements Recommendation, 1951 (No. 91), the Voluntary Conciliation and Arbitration Recommendation, 1951 (No. 92), the Labour Relations (Public Service) Recommendation, 1978 (No. 159), and the Collective Bargaining Recommendation, 1981 (No. 163).

(e) Progress made in research and preparatory work

89. The prevention and settlement of labour disputes as one of the main components of the industrial relations programme has been a continuing major activity of the Office. Although not the direct subject or objective of research in the past, it is almost always automatically subsumed in various activities and projects on the promotion of sound labour relations. It is a subject of basic importance to many countries today particularly in developing countries and those in transition to a market economy.

90. In response to previous demands from the constituents, a Training package on conciliation and mediation has been published recently by the Office for use in various workshops and seminars on dispute settlement.

(f) Future prospects

91. There seems to be a growing consensus among the constituents on the importance of giving high priority to the subject of prevention and settlement of labour disputes as a component of sound labour relations and the promotion of economic growth and equity. Many developments and changes have taken place requiring in-depth studies, research and exchange of views to provide the basis for the strengthening of existing systems and procedures, the establishment of new ones, labour law reforms and the introduction of new and innovative methods, tools, and techniques to effectively prevent, minimize or resolve disputes. There has been a divergence of views among the members of the Governing Body on whether the subject is appropriate for inclusion in the Conference agenda for a general discussion or for standard setting. At its session in March 1997, however, the Governing Body decided that the subject should remain in the portfolio and the proposals for a general discussion retained.

92. In the consultations conducted during 1998, 24 governments⁽⁴⁵⁾ manifested a positive interest in this proposal. In addition, one government⁽⁴⁶⁾ considered it should not be given priority, one government⁽⁴⁷⁾ had some reservations and one government⁽⁴⁸⁾ considered that this item be taken out of the portfolio. Of those in favour, eight governments⁽⁴⁹⁾ considered that a general discussion on this topic was appropriate. Two of these governments⁽⁵⁰⁾ could envisage a subsequent standard-setting activity in this area. Eight governments⁽⁵¹⁾ and one employers' organization specifically proposed standard-setting action.

93. It might also be recalled in this context that in the 1997 consultations a workers' organization proposed consideration of an item concerning labour courts, tribunals and non-judicial settlement of disputes procedures which also has been the subject of a draft resolution at the 1998 International Labour Conference.

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

(a) The problem

94. The last decade has seen a renewed interest in workers' participation in decisions at the level of the enterprise. In general, the intensified competition at the global level has driven management to seek more workers' involvement and participation as a strategy to facilitate adaptability, flexibility, commitment, productivity and efficiency. Corporate restructuring in industrialized countries, privatization of public-sector enterprises which is particularly large-scale in eastern Europe, and socio-political changes in many developing and newly industrialized economies which have led to more democratic national and corporate governance also appear to have given new momentum to various forms of workers' participation in different parts of the world.

95. However, various schemes of workers' participation have not been without problems. In some countries and enterprises, for example, managerial schemes of direct participation through quality circles and teamwork appear to have had conflicts with traditional representation and participation mechanisms involving trade unions and collective bargaining, which may undermine the positive contribution of workers' participation on corporate performance and employment conditions. Also, workers' participation schemes in some countries and enterprises appear to have failed to reap the expected benefits due to unfavourable environments such as adversarial labour-management relations and contest between different forms of workers' participation.

96. It is possible to distinguish modern types of workers' participation in terms of levels, functions and forms. Even within the enterprise, participation is evolving at different levels: shop-floor, department, plant, undertaking, whole corporation and MNEs operating across national borders. Functions may range from the simple provision of information through suggestion schemes, to consultation, co-influence and co-determination. As for forms, the distinction is sometimes made between formal and informal, and direct and indirect forms of workers' participation.

97. This complexity concerning the modern types of workers' participation poses several challenges to the social partners. First, managerial schemes of direct participation can give more voice to employees in day-to-day decision-making at the workplace, and improve efficiency and quality to the benefit of workers and employers. This win-win situation appears to have existed in workplaces where the direct participation scheme has been introduced and implemented in close cooperation with workers' representatives and trade unions. In instances where the scheme has been unilaterally implemented and workers' representatives are kept outside the scheme, some conflicts seem to have arisen with trade unions or workers' representatives, which undermines the opportunity for partnership for the mutual benefit. Thus, there is a clear need to define and establish the conditions for the synergy between direct participation and indirect participation with a view to achieving sound labour-management relations.

98. Secondly, an issue which social partners in member countries have encountered relates to the relationship between the role of trade unions and of workers' participation mechanisms at the level of the enterprise. The traditional role of trade unions has generally been characterized as the defence of employees' interests concerning employment conditions through collective bargaining. In contrast, the role of works councils (and workers' participation more generally) has more usually been seen as focusing on consultation or joint decision-making over consensual issues such as vocational training or occupational safety and health. While various legislative efforts have attempted to make a distinction between subjects to be covered by one or the other forms of participation, in practice, such a distinction tends to be blurred. There are even an increasing number of countries where collective agreements at the industry level provide a framework for more detailed agreements at the works council level. While in many cases the two institutions have tended to complement each other, in others there have been conflicts undermining their effective functioning. Thus, there is a need to examine the various experiences in this area with a view to improving the performance of both institutions.

99. Thirdly, an important concern is the possible polarization of workers' participation along the lines of labour market segmentation. As the atypical workforce grows, there is a real possibility that the proportionately smaller primary labour force will be further dissociated from the former by the exclusiveness of representative participation and consultation. In a similar vein, the incidence of both direct and indirect forms of workers' participation, is at its peak in large-scale enterprises, but tends to decline as enterprises become smaller. Given that the number of atypical workers and workers employed by smaller scale enterprises continue to grow in many countries, the issue of giving these members of the workforce an equal opportunity to have a voice in decision-making within the undertaking needs to be addressed.

100. Fourth, the European Directive of 22 September 1994 on European Works Councils and the subsequent establishment of EWCs have given a new international dimension to the workers' participation institutions. 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 in which they are employed". This initiative appears to have encouraged labour and management in some MNEs to establish similar bodies at global level beyond the European boundary. Given the importance of MNEs in the global economy and the recent wave of mergers and acquisitions across borders, it would be relevant to examine the experiences of EWCs with a view to exploring the possibility of developing such arrangements beyond the European Union.

(b) Proposed solution

101. General discussion at the International Labour Conference of the situation surrounding workers' participation in member countries would allow for a full examination of the question and the experience of the ILO and its constituents in this sphere.

102. The discussion could include the question of the form of workers' participation (direct or indirect), since the two forms are quite distinct. The above European Union Directive, for example, focuses on representative forms of workers' participation. However, the European Union 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. The discussion could also include the issues (e.g. work organization, personnel policies, safety and health, training, work environment, etc.) with respect to which the workers' participation in decision-making could be promoted and the choice of the appropriate means of participation (whether it be information sharing, consultation, co-determination, etc.).

103. Besides, the discussion should permit the identification of principles in the ILO instruments: 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. Also, the formulation of an ILO guideline which can provide social partners with general principles regarding workers' participation in decision-making at the level of the enterprise could be considered.

(c) Origin of the proposal

104. 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 and requested its inclusion in the portfolio. Many workers' organizations also expressed clear support for the proposal.

(d) Relation to existing instruments

105. Workers' participation in decisions at the level of enterprise has been directly or indirectly covered by several ILO standards:

the Workers' Representatives Convention, 1971 (No. 135);
the Workers' Representatives Recommendation, 1971 (No. 143);
the Cooperation at the Level of the Undertaking Recommendation, 1952 (No. 94);
the Communications within the Undertaking Recommendation, 1967 (No. 129) (Recommendation concerning communications between management and workers within the undertaking).

106. It should be noted that Conventions Nos. 87 and 98 covering collective bargaining and trade union rights define the fundamental principles of workers' representation and participation. However, it appears that no existing instruments directly address the current issues arising from the recent development of the schemes of workers' participation in decision-making within the undertaking with various levels, functions and forms.

(e) Progress made in research and preparatory work

107. Up to the mid-1980s, ILO research had been undertaken to investigate the development of workers' participation schemes in member countries. Also, several research projects on the indirect participation had been undertaken regarding workers' and their representatives' participation in the process of changes in technology and work organization during the last decade. As provided for in the Programme and Budget for 1998-99, a research project on transnational workers' representation in multinational enterprises is being undertaken.

(f) Future prospects

108. During the consultations held in 1998, 20 governments referred to this proposal. Of the 17 governments⁽⁵²⁾ in favour, eight governments⁽⁵³⁾ and an employers' organization supported a general discussion on this issue, while eight governments⁽⁵⁴⁾ and a workers' organization proposed standard-setting action. Two governments⁽⁵⁵⁾ had some reservations concerning this topic. The employers' organizations proposed that this topic be excluded from the portfolio.

* * *

E. Conditions of work

8. Working time

(a) The problem

109. Changes in hours of work and arrangements of working time are being prompted by economic pressures, employment concerns, increased participation of women in the labour force, changing attitudes to work, technological innovation and new forms of work organization. In many countries, normal hours of work have been reduced, often through collective bargaining, approaching the 40-hour week as suggested in the Reduction of Hours of Work Recommendation, 1962 (No. 116). However, there are a number of countries, industries and occupations where many workers are still employed for particularly long hours. At the same time, a variety of working time arrangements are introduced in enterprises: more and different types of shift work, work teams working different hours in the same enterprise, staggered hours and compressed work-week schedules. Averaging hours of work, annualized computing of working hours and part-time work are also becoming more widespread. With the diversity in working time, hours of work and arrangement of working time are becoming increasingly linked. The diversity in working time arrangements also illustrates the increasing individualization of working time as workers seek to find a satisfactory balance between work and their other, often diverse, personal interests. Working time is becoming more closely linked to work content; work by results or "time to perform the task" underpins many working time practices. Taken together, these developments suggest the need to fashion new ways of organizing work and work schedules which offer possibilities of convergence between business imperatives, social requirements and the diversity of individual needs and preferences.

110. Hours of work and working time arrangements are increasingly a subject for collective bargaining. Indeed, in some countries, the possibility of derogating legislation on working time through collective bargaining is provided. Governments too are examining policy options regarding the best way to encourage reductions in working time, promote flexible work arrangements, reduce dismissals and increase employment.

(b) Proposed solution

111. One can conclude that working time arrangements are characterized by increasing complexity, and the duration of working time is becoming increasingly disaggregated according to the needs of enterprises and sectors and the preferences expressed by workers.

112. A thorough examination should be made of current trends in national law and practice regarding the organization of working time and the regulation of hours of work. The diversity of working time practices and preferences, the experimentation with new models and the range of government policies underscore the need for up-to-date international information on working time to contribute to an informed debate and decision-making.

(c) Origin of the proposal

113. The question of revising standards on working time has been raised intermittently over the years. The Meeting of Experts on Working Time (1993) agreed that "certain provisions of Conventions Nos. 1 and 30 on hours of work in industry and in commerce and offices with respect to the limitations on maximum hours of work over different periods did not adequately reflect some recent developments in working time arrangements". They recognized that "with these exceptions, Conventions Nos. 1 and 30 are still relevant". The experts, excluding those appointed by the Governing Body after consultation with the Employers' group, were in favour of revision to better reflect those concerns and to include provisions guaranteeing the necessary flexibility and adequate protection for workers.

114. In recent years, the Working Party on Policy regarding the Revision of Standards of the LILS Committee has examined a number of ILO standards related to working time. Upon its recommendation, the Governing Body has decided that a General Survey should be carried out on the Night Work (Women) Conventions (Nos. 4, 41, 89 and Protocol), a General Survey should be carried out on Hours of Work (Industry) Convention, 1919 (No. 1), and Hours of Work (Commerce and Offices), 1930 (No. 30). At this session of the Governing Body, the Committee on Legal Issues and International Labour Standards has before it a proposal relating to the choice of the above Conventions on which reports should be requested in 2000 and 2001 under article 19 of the Constitution in view of a General Survey by the CEACR.⁽⁵⁶⁾ In addition, a decision was reached to revise the Sheet-Glass Works Convention, 1934 (No. 43) and the Reduction of Hours of Work (Glass-Bottle) Works Convention, 1935 (No. 49), conditional upon the revision of other Conventions on hours of work. With regard to the Forty-Hour Week Convention, 1935 (No. 47), it was decided to maintain the status quo pending the adoption of revised standards on hours of work. At its 271st (March 1998) Session, the Governing Body decided to include the revision of the Hours of Work and Rest Periods (Road Transport) Convention, 1979 (No. 153), in the portfolio of proposals for the agenda of the Conference.

115. The decisions to undertake general surveys on working time Conventions and the interlinking of decisions regarding the revisions to be undertaken indicate a possible need for an overall assessment of trends in the regulation of hours of work and the arrangement of working time.

(d) Relation to existing instruments

116. The Hours of Work (Industry) Convention, 1919 (No. 1), is the primary international labour standard and one that has proved most influential (52 ratifications). More than 40 international labour standards (some 25 ILO Conventions and 19 Recommendations) relating to working time have been adopted since 1919. The Hours of Work and Rest Periods (Road Transport) Convention, 1979 (No. 153), the Protocol to Convention (No. 89) in 1990, the Part-Time Work Convention (No.175) and its accompanying Recommendation are among the more recent ones. In addition, working time issues are addressed within a number of other instruments such as those regarding dock work, nursing personnel, conditions of employment of young persons, and working conditions in hotels and restaurants, for example.

(e) Progress made in research and preparatory work

117. The Office has long accorded an important place to research on problems relating to working time. In recent years, four editions of the Conditions of Work Digest have been devoted to the theme, 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).

118. It is important to note, for example, that in a survey of 151 countries (Conditions of Work Digest on Working Time around the World (1995)) that the largest group of countries (53) still provide for a 48-hour week; 13 countries provide for 45 hours; and in 42 countries the 40-hour week is the norm. The European Directive on Working Time (1993) specifies that Member States should ensure that the average working time for each seven-day period, including overtime, does not exceed 48 hours. However, in practice, through collective agreements, hours of work are usually less than statutory provisions. Indeed, working time is increasingly regulated through collective agreements and other arrangements to allow for the adoption of flexible working time by the workers and employers concerned.

119. Studies on working time have been carried out in different sectors for the sectoral meetings and tripartite symposia as well. In the current biennium, a major study is being undertaken on working time and safety and health. It is expected to include information regarding long hours of work in the road transport sector among others.

(f) Future prospects

120. In the discussions on the portfolio at the 270th Session (November 1997) of the Governing Body, five governments⁽⁵⁷⁾ were in favour of this proposal, one of them⁽⁵⁸⁾ strongly so.

121. In the consultations held in 1998, 17 governments⁽⁵⁹⁾ were in favour of this proposal, two governments⁽⁶⁰⁾ considered it to be of less priority while one government⁽⁶¹⁾ was not in favour thereto. Of those in favour, six governments⁽⁶²⁾ and one employers' organization had a stated preference for the holding of a general discussion on this item, while ten governments⁽⁶³⁾ envisaged standard-setting action. The workers' organizations were in favour of standard-setting action in this field.

122. The desirability of comprehensively reviewing working time standards has been gradually growing. So too has recognition of the complexity of the task.

123. Although it has not been possible to achieve consensus as to the need for new standards or the revision of existing ones, the Office continues to carry out further research in this field. For the 2000-01 biennium, a major report on working time has been proposed. If approved, this report would provide an overview of trends in the duration and organization of working time as seen in current legislation and collective agreements as well as in specific sectors or industries, and would highlight innovative approaches and experimentation at enterprise level. The implications of changes in family patterns, work reorganization, and workers' needs and preferences for the duration and arrangement of working time would also be examined. In addition, issues raised concerning the adequacy of time as the sole measurement of work, especially as the nature of work changes, would be addressed. It is therefore proposed to keep this item in the portfolio pending further research on the question.

9. Prevention of sexual harassment at the workplace

(a) The problem

124. Recent years have seen a development in the perception of sexual harassment in employment and occupation in all regions of the world. Some countries -- Argentina, Australia, Belgium, Belize, Brazil, Costa Rica, Finland, France, Germany, Guyana, Ireland, Japan, New Zealand, Paraguay, the Philippines, South Africa, Suriname and Switzerland -- have adopted specific legislation declaring sexual harassment to be a prohibited behaviour or general legislation covering sexual discrimination under which protection from sexual harassment can be provided. Thus, while it has not been specifically regulated by law in most countries, the number of countries that penalize, and even criminalize, this behaviour is growing rapidly. There is an increasing body of codes, guidelines and enterprise regulations on the subject.

125. There is no single generally accepted definition of sexual harassment. However, the definition most commonly cited is contained in the European Commission's Recommendation (1991) on the protection of the dignity of women and men at work and it's accompanying code of practice. The three key elements of the definition are: (a) conduct of a sexual nature and other conduct based on sex affecting the dignity of men and women which is unwelcome, unreasonable and offensive to the recipient; (b) a person's refusal or rejection of such conduct on the part of employers or fellow workers which is used as a basis for a decision which affects a person's job; and (c) conduct that creates an "intimidating, hostile or humiliating environment" (e.g. sexual jokes, offensive behaviour).

126. Sexual harassment is considered an affront to individual dignity, and some surveys carried out in North America and Europe suggest that the problems take place on a larger scale than is generally acknowledged. However, there are issues still to be answered concerning scope, definition, responsibilities and remedies.

(b) Proposed solution

127. 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. A law and practice report on this theme may be found in GB.271/4/1, paragraphs 146-174. Additional research is needed to form the basis of a proposal.

(c) Origin of the proposal

128. 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).

129. 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.⁽⁶⁴⁾ The 1997 Tripartite Meeting on Breaking through the Glass Ceiling: Women in Management noted the important roles of governments and the social partners in promoting policies on the prevention of sexual harassment and other forms of discrimination. Office publications and training materials on combating discrimination on the basis of gender also deal with this problem.

130. 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.

131. 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

132. 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

133. 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

134. At the Governing Body session in November 1997 this proposal was supported by the Workers' group as well as by three governments.⁽⁶⁵⁾ It was retained for further consideration at the March 1998 session of the Governing Body. In March 1998, the Employers' group stated their opposition to this item for the 2000 agenda of the Conference. The Workers' group stated that they were positive with some hesitation. Governmental support was offered by one government.⁽⁶⁶⁾

135. In the ensuing consultations in 1998, 23 governments took up and commented on this proposal. Of these, five governments⁽⁶⁷⁾ were in favour of a general discussion, while 15 governments⁽⁶⁸⁾ proposed standard-setting action in this area. Two governments⁽⁶⁹⁾ considered that this item had a low priority and one government⁽⁷⁰⁾ was opposed to it. The employers' organizations proposed to delete this item from the portfolio. The workers' organizations were in favour of standard-setting action in this field.

136. In addition, four specific proposals were made: the Canadian Government proposed that the recent ILO publication "Violence at Work" be considered in this context; the Swedish Government proposed to include other kinds of victimization in the considerations; the Government of Portugal suggested a title change to the "Protection of women's and men's dignity at work"; and the South African Government proposed that a code of practice be developed.

137. For the 2000-01 biennium, a proposal will be submitted for an international study on sexual harassment in the workplace covering the nature and extent of the problem, trends in law, jurisprudence, and programmes and policies in enterprises. This research, if approved, would update and complement an earlier Office study on selected industrialized countries to provide a global overview of the situation.

10. Prison labour: Conditions of work in
a situation of privatization

(a) The problem

138. In an increasing number of countries, prisons are being privatized, or private enterprise is being allowed or encouraged to open facilities that employ prisoners inside state-run prisons. In many of these situations, conditions of work do not correspond to a normal working relationship, and in a number of cases labour legislation does not apply at all. In many cases wages, when they are paid, tend to be very low; hours of work and safety and health conditions are not regulated, and few or none of the normal employment-related benefits accrue in many cases. Laws protecting against violations of basic workers' rights, such as freedom from discrimination, are often not applicable to work carried out by prisoners. Finally, in an increasing number of cases, the products of prison labour enter into competition with the products of free labour. Thus, the extent to which prison labour should be entitled to the normal employment-related benefits needs to be examined, taking into account the potential exploitation of a captive workforce and the issue of unfair competition with a free workforce. It may be noted that this question is often dealt with by national ministries responsible for the administration of justice, without involving ministries of labour or the social partners.

(b) Relation to existing instruments

139. As was pointed out in the previous paper on this subject, 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 in that Convention, but only on condition that this work is carried out "under the supervision and control of a public authority and that the said person not be hired to or placed at the disposal of private individuals, companies or associations" (Article 2, paragraph 2(c)). The Committee of Experts has made comments to a number of ratifying countries indicating that the arrangements being made are not in full conformity with the provisions of Convention No. 29.

140. In 1997, the Committee of Experts carried out a "mini-survey" concerning the application of the forced labour Conventions, which discussed several aspects of the problem, including some of the questions being raised here. The Committee noted that the increased number of prisoners working for private employers has an obvious effect on the application of the Convention, and that many prisoners who do work are covered by no labour law at all. Convention No. 29 is engaged in such situations only to the extent that prisoners are obliged to work in contradiction to the conditions laid down in Article 2(2)(c); but even in such situations the Convention gives no explicit guidance on conditions of work beyond the very limited provisions cited above. There are therefore situations in which prisoners have given their consent to carry out work for private employers, and their work is carried out "under the supervision and control of a public authority" as required by Convention No. 29, but where their conditions of work are not regulated by law or are inadequately regulated. In other situations, work is being carried out in contradiction to Convention No. 29, but that instrument may not have been ratified. Finally, the conditions under which the work is carried out may themselves involve some contradiction to Convention No. 29, for instance when formal consent has been given but the prisoner has no real options; or where wages and other conditions of work are so far removed from normal working conditions that the validity of the consent given is open to question.

141. The further analysis since the last examination of this question, which is reflected above, indicates that it would be best to deal with this subject under the section on "Conditions of work" rather than under "Basic human rights" as it was on the occasion of its first examination. This should also obviate any concern that standard-setting work in this field might enter into conflict with Convention No. 29, or that it might entail a partial revision of that fundamental human rights instrument, as this is not the case.

(c) Proposed solution

142. The forced labour aspects of this question should be left to Convention No. 29, which indicates the conditions under which prisoners can be required to work in prison, but gives insufficient guidance as the conditions of work when prisoners do work. The aspects of the question related to conditions of work, on the other hand, have not been dealt with adequately in other international standards adopted by the ILO or by any other international organization, and would appear to lend themselves to normative action. It is therefore proposed to keep this item in the portfolio pending further research on the question.

(d) Future prospects

143. There was no explicit reference to this item during the Governing Body's discussions in November 1997 and no indication of any evolution in constituents' thinking on it.

144. In the renewed consultations in 1998, 20 governments commented on this proposal. Of these, 16 expressed their support⁽⁷¹⁾ for the proposal while three governments⁽⁷²⁾ opposed it. One government⁽⁷³⁾ proposed to postpone action in this area. Among those in favour, nine governments⁽⁷⁴⁾ advocated standard-setting action, while five governments⁽⁷⁵⁾ favoured holding a general discussion on this theme. The workers' organizations were in favour of standard-setting on this subject.

11. Hours of Work and Rest Periods (Road Transport)
-- Revision of Convention No. 153

(a) The problem

145. In the course of the examinations in March 1996⁽⁷⁶⁾ and March 1998⁽⁷⁷⁾ of this Convention in the Working Party on Policy regarding the Revision of Standards, it was noted, inter alia, that this Convention was one of the recent Conventions which had received few ratifications.⁽⁷⁸⁾ It emerged from the consultations held with member States on the possible need to revise this Convention that one of the major obstacles to ratification appeared to be the relationship between Convention No. 153 and the AETR.⁽⁷⁹⁾ Several member States also reported on other general obstacles, mainly consisting in discrepancies between their national legislation and the Convention.⁽⁸⁰⁾

146. In the Working Party's discussions on this question, the Chairperson pointed out that this Convention raised complex questions, as it had prompted discussions between the European Commission and the ILO on the external competence of the European Community in matters of common interest. The Commission considered that the subject covered by Convention No. 153 was exclusively within the competence of the EEC and that, consequently, it was no longer up to Member States to ratify ILO Conventions on an individual basis in this matter. This position had brought to a standstill the ratification of certain ILO Conventions by Member States of the European Community. Although the Court of Justice of the European Community had recently ruled in an advisory opinion that there was a "shared competence" between the Commission and the Member States on this subject, the situation had changed little and the time was ripe to re-examine the problems posed by this Convention.⁽⁸¹⁾

147. In the consultations held in 1998 on the portfolio, it was specifically suggested by one government⁽⁸²⁾ that the revision of this Convention should take into account the difficulties in implementation and divergences noted by member States in the consultations of 1997 concerning, inter alia, the minimum duration of driving time per day and per week as well as the minimum duration of daily rest periods. Furthermore, the national conditions, especially those relating to geography, road systems, distances to be travelled and climate, were special circumstances which in a number of respects called for different regulation than that required by the Convention.

(b) Origin of the proposal

148. This proposal derives from the examination of Conventions in the Working Party on Policy regarding the Revision of Standards. The Governing Body examined at its 271st Session (March 1998) a proposal by the Working Party either to consider the question of the revision of Convention No. 153 in the context of the item "Working time arrangements" or to include the revision of Convention No. 153 as a separate item in the portfolio. The Governing Body opted for the latter alternative.⁽⁸³⁾

(c) Relation to existing instruments

149. This Convention is related to other ILO Conventions on working time. It should be recalled, however, that both the Employers' and the Workers' groups agreed in the course of the discussion of this Convention in the Committee on Legal Issues and International Labour Standards at the 271st Session (March 1998) of the Governing Body that the issues covered by this Convention had "specific characteristics [...] which differed from the concept of working time in general".⁽⁸⁴⁾

(d) Progress made in research and preparatory work

150. As noted in the context of the proposal concerning "Working time arrangements", research is currently ongoing on working time and safety and health. It is expected to include information regarding long hours of work in the road transport sector among others. For the 2000-01 biennium, a major report on working time has been proposed. If approved, this report would provide an overview of trends in the duration and organization of working time as seen in current legislation and collective agreements as well as in specific sectors or industries, and would highlight innovative approaches and experimentation at enterprise level.

(e) Future prospects

151. Two governments⁽⁸⁵⁾ considered that this Convention should be abrogated as it was sector-specific. For two other governments⁽⁸⁶⁾ a revision of this Convention should be given priority. Specific research into the questions arising in relation to the revision of Convention No. 153 remains to be done. It could be undertaken once the results of the research mentioned above have been examined, unless the Governing Body decides to consider this revision on a priority basis.

152. Research is needed on the specific issues that may be taken into account in any revision of Convention No. 153, including the points raised above in paragraphs 145 and 147. This item could be considered by the Governing Body once the research required has been completed.

* * *

F. Occupational safety and health

12. Recording and notification of occupational
accidents and diseases⁽⁸⁷⁾

(a) The problem

153. 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.

154. Available information from member States indicates that national law and practice for the recording and notification of occupational accidents at the level of the enterprise and for their notification to national competent authorities differ greatly. 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.

155. National statistics on occupational diseases, if they exist, 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, however, are still 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, and due to a lack of requirements for their notification.

156. 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 due to insufficient requirements and practice is impossible to quantify.

157. During the adoption of the Code of practice on the recording and notification of occupational accidents and diseases in 1994,⁽⁸⁸⁾ 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. They acknowledged the value of and the need for guidance by lists of occupational diseases, but also the difficulties inherent in the reference to an ILO list established 15 years ago in Schedule I to Convention No. 121, and they recommended that this Schedule be updated.

(b) Proposed solution

158. 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.

159. After careful consultations, the Office does not propose to follow the suggestion made by one member State during the consultations held in 1997 to initially consider the adoption of an instrument relating solely to occupational accidents and to postpone the preparation of standards on the recording and notification of occupational diseases. The exclusion of occupational diseases from the scope of an international instrument would maintain the unsatisfactory situation highlighted in previous paragraphs, the existing information and awareness gaps and the insufficient measures carried out for the prevention of occupational diseases, the number of which all over the world is impossible to quantify.

160. As 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, guidance by reference to updated lists of occupational diseases should be provided. It would be appropriate at the same time for the Conference to consider updating the actual ILO list of occupational diseases (Schedule I to Convention No. 121) together with the international instrument(s) that might be adopted on the recording and notification of occupational accidents and diseases. 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.

161. As a response to concerns and reservations expressed in previous discussions on this item, two options are proposed for the form and content of the proposed list of occupational diseases:

First option:

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;

and

it would also be a list of occupational diseases for the new instrument(s), i.e. for the purpose of recording and notification.

Second option:

it would become only the list of occupational diseases for the new instrument(s), i.e. for the purpose of recording and notification.

(c) Origin of the proposal

162. Conference agenda items on the recording and notification of occupational accidents and diseases were proposed for consideration by the Governing Body for the Conference agenda in 1991, 1996, 1997, 1999 and 2000.⁽⁸⁹⁾ An item on the revision of the list of occupational diseases appended to Convention No. 121 was proposed in 1994.⁽⁹⁰⁾

(d) Relation to existing instruments

163. 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. Convention 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 specified 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.

164. Despite the proven usefulness of the Code of practice on the recording and notification of occupational accidents and diseases adopted in 1994, it is obvious that international standards could better help to improve and harmonize national terminology and 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.

(e) Progress made in research and preparatory work

165. Based on the experience acquired from previous work regarding the ILO list of occupational diseases as well as from the ongoing practical implementation of the Code of practice on the recording and notification of occupational accidents and diseases and detailed research undertaken regarding fatal accidents, the Office is prepared to provide the necessary preparatory work for an item on the Conference agenda for standard setting.

(f) Future prospects

166. In the 1998 consultations, 23 governments⁽⁹¹⁾ took up this subject and with one exception,⁽⁹²⁾ supported it. Among those in favour, 12 governments⁽⁹³⁾ would support standard-setting action, while six governments stated a preference for a general discussion.⁽⁹⁴⁾ The workers' organizations were in favour of standard-setting action in this field.

13. Prevention of biological hazards in the workplace⁽⁹⁵⁾

(a) The problem

167. For the purpose of this proposal, 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.

168. 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.

169. Given the inherent hazards of the biotechnology industry, awareness regarding bio-safety in developing countries is relatively higher than safety and health concerns associated with the non-biological industries. The development of databases on bio-safety 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),⁽⁹⁶⁾ 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

170. The adoption of new standards could be envisaged. The instruments would 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 would be pertinent issues concerning the protection of the public and the environment. The instruments 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.

(c) Origin of the proposal

171. 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".⁽⁹⁷⁾

172. 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 bio-safety 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

173. 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 question proposed above. Any 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

174. As background work, the Office has 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. In addition, provisions are made in item 90.30 of the Programme and Budget for the biennium 1998-99 for the development of a draft code of practice on bio-safety. It is planned to submit the draft to a tripartite meeting of experts for its adoption in the biennium 2000-01.

(f) Future prospects

175. During the consultations held in 1998, 19 governments⁽⁹⁸⁾ expressed support for this proposal, while one government⁽⁹⁹⁾ proposed to examine whether this issue could be covered by a revision of existing safety and health standards. Three governments⁽¹⁰⁰⁾ were opposed to it. Among those in favour, five governments⁽¹⁰¹⁾ specified that they preferred a general discussion on this item, while nine governments⁽¹⁰²⁾ envisaged standard-setting action. The workers' organizations were in favour of standard-setting action in this field.

176. The necessary research and preparatory work for the development of the code of practice and the opinions expressed by constituents and experts in the course of its adoption will be the basis for the determination of the scope, coverage and provisions for possible instruments on the prevention of biological hazards at work. It is proposed to decide on the inclusion of such an item in the agenda of a Conference session after the adoption of the code.

14. The use of hazardous substances -- Revision of
Conventions Nos. 13 and 136

(a) The problem

177. While the White Lead (Painting) Convention (No. 13) was adopted in 1921 and the Benzene Convention (No. 136) 50 years later, both Conventions regulate the use of a single hazardous substance. They were adopted during periods of time with growing risks to workers due to the widespread use of white lead in paint and of benzene without adequate or appropriate preventive and protective measures and at a time when the use of hazardous substances was insufficiently regulated by international instruments or agreements, national legislation or standards.

178. Both Conventions include fixed maximum exposure limits which were appropriate at the time of the adoption of the Conventions, but which have both become outdated due to subsequent technological developments and advances. The benzene exposure limit is now 10 ppm in the majority of countries and 1 ppm in some. The provisions in Convention No. 13 are also obsolete when compared to the OECD Resolution concerning the Declaration on risk reduction for lead (1996). Other documents such as the OECD monograph on lead and a number of recent national and international risk assessment documents on both benzene and lead are now taken as the basis for national regulatory action.

179. In addition, it emerged from the consultations held with the member States on obstacles to ratification of these Conventions and on the needs for a possible revision of them, that several member States objected to the basic logic of the Conventions, namely to regulate the use of a single hazardous substance in one Convention. The continued need to regulate white lead was also questioned against the background that white lead was no longer in use. More specifically, objections were raised against the provision in both Conventions of special rules for women and young workers.⁽¹⁰³⁾

(b) Proposed solution

180. As a result of the consultations with member States, it was decided that both Conventions should be revised and their revision be included in an item concerning the use of hazardous substances in the portfolio of proposals for the agenda of the Conference.

181. Against this background it would seem that two principal alternatives could be envisaged: either to update the substantive content of the Conventions individually or to consider bringing the regulation of the use of these hazardous substances within the framework of the Chemicals Convention, 1990 (No. 170), which should be the ratification target for hazardous substances.

182. The first alternative, a full or partial revision of Conventions Nos. 13 and 136, which deal with the use of two specific chemicals, would go against all ongoing trends and international activities related to the sound management of chemicals and would require a complete and costly overhaul. Before the use of a chemical can be managed (methods and conditions of use, banning, restrictions, etc.), its hazardous properties and the risks it poses to health must first be assessed. Consequently, Article 6 of the Chemicals Convention, 1990 (No. 170), provides for the establishment of necessary systems and criteria. Hazard and risk assessment of chemicals evolves constantly in relation to technical and scientific progress. Therefore, both the format of a Convention for selected chemicals and the establishment of their exposure limits in Conventions are no longer appropriate. It is even doubtful if such revised Conventions would be of any use as most countries have now very strict regulations on the use of both benzene and lead.

183. At present, very extensive international cooperation on chemical safety is carried out through the International Programme on Chemical Safety (IPCS), the Inter-Organization Programme for the Sound Management of Chemicals (IOMC) and the Intergovernmental Forum on Chemical Safety (IFCS) to implement the recommendations of the United Nations Conference on Environment and Development (UNCED), Agenda 21, Chapter 19, on environmentally sound management of hazardous chemicals. One of the recommendations is increased ratification of the Chemicals Convention by member States and also increased production of international chemical risk assessment documents. The ILO is heavily involved in the harmonization of classification systems and labelling of chemicals and in the production of the IPCS International Chemical Safety Cards which are peer-reviewed assessment documents. For the time being, chemical safety cards for around 1,300 chemical substances are available.

184. In order for ILO action to be coherent with these ongoing efforts it is proposed to consider the possibility of a Protocol on the use of hazardous substances linked to the Chemicals Convention, 1990 (No. 170), which would extend the Convention to the internationally peer-reviewed risk assessment documents produced by the IPCS and to the list of carcinogens published by the International Agency for Research on Cancer (IARC). In this way, the Chemicals Convention would always refer to the latest validated, unbiased and internationally agreed information on the hazards and risks related to specific chemicals and be the respective ratification target. White lead and benzene would be considered and treated on an equal basis as other hazardous substances, and Convention No. 13 and Convention No. 136 would become obsolete.

185. This Protocol on the use of hazardous substances linked to the Chemicals Convention could refer to the relevant principles established in the Occupational Safety and Health Convention, 1981 (No. 155), the Occupational Health Services Convention, 1985 (No. 161) and the Occupational Cancer Convention, 1974 (No.^.139), and could call member States to:

(i) adopt voluntarily the Globally Harmonized System for the Classification and Labelling of Chemicals (GHS), expected to be endorsed by the IFCS at its third session, to be held in 2001;

(ii) build up the required human and institutional capacities;

(iii) refer in their national legislation to the latest validated and internationally agreed information on the hazards and risks related to specific chemicals, such as those published by the IPCS, including exposure limits and appropriate protective and preventive measures.

186. For the adoption of the Protocol, a single-discussion procedure could be envisaged.

(c) Origin of the proposal

187. Following examinations of these Conventions in the Working Party on Policy regarding the Revision of Standards and consultations with the member States, the Governing Body at its 271st Session (March 1998) decided to include an item on the "Use of hazardous substances" in the portfolio.

(d) Relation to existing instruments

188. The Chemicals Convention, 1990 (No. 170), is designed to cover chemical elements or components, and mixtures thereof, whether natural or synthetic. Well-defined measures for their sound management are provided whatever the chemical is: establishment of classification systems, labelling and marking, elaboration of chemical safety data sheets including exposure limits; responsibilities of suppliers; responsibilities of employers (identification, transfer of chemicals, exposure not exceeding established limits, operational control including risk assessment, disposal, information, training and cooperation); duties and rights of workers and their representatives; and responsibilities of exporting member States. Article 6 of the Chemicals Convention, 1990 (No. 170), provides for the establishment by the competent authority, or by a body approved or recognized by the competent authority, of "systems and specific criteria appropriate for the classification of all chemicals according to the type and degree of their intrinsic health and physical hazards and for assessing the relevance of the information required to determine whether a chemical is hazardous". Other Conventions such as the Occupational Safety and Health Convention, 1981 (No. 155), the Occupational Health Services Convention, 1985 (No. 161) and the Occupational Cancer Convention, 1974 (No. 139) provide additional guidance relevant to chemical safety issues.

(e) Progress made in research and preparatory work

189. Preparatory work, such as further consultations with member States and the institutions involved in the preparation of the GHS, could be started as soon as there is a high relevance that this subject would become an item on the agenda of the Conference.

(f) Future prospects

190. In the consultations in 1997-98 that were conducted with the member States concerning Conventions Nos. 13 and 136, the majority of the member States which took part in the consultations opted for a revision of these Conventions. Several member States questioned, however, the basic logic of both Conventions to regulate the use of a single hazardous substance in a Convention and their continued relevance. The above proposal takes these positions into account.

191. If the proposal as presented is retained for consideration, the first report could be distributed after the endorsement of the GHS by the IFCS, which is expected to happen in 2000. This item could thus be placed on the agenda for the Conference for the year 2001.

15. Guarding of Machinery -- Revision of
Convention No. 119

(a) The problem

192. The Guarding of Machinery Convention, 1963 (No. 119), regulates the sale, hire and use of inadequately guarded machinery. A General Survey of 1987⁽¹⁰⁴⁾ revealed that there seems to be technical difficulties in the implementation of the Convention and that existing national legislation tended to be more general in scope than the provisions of the Convention. The Committee of Experts further noted that one of the problems in the full application of Convention No. 119 in ratifying countries had been the implementation of the rather complex provisions preventing dangerous machinery from reaching users. In the discussion of the General Survey at the 1987 Conference, members in the Committee on the Application of Conventions and Recommendations stressed the importance of the related issue concerning safety in the international transfer of machinery and technology and one Government representative suggested the adoption of a Protocol to Convention No. 119 on that issue.

193. Similar views were noted in the recent consultations with the member States on the need to revise this Convention.⁽¹⁰⁵⁾ Several member States made specific proposals for a revision of this Convention invoking the need to adapt the Convention to new concepts in the field of occupational safety and health and to technical developments regarding machinery. One member State suggested that the Convention be partially revised to reflect the problems developing countries have with the importation of second-hand machinery. In addition, the need to ensure compatibility between the Convention and EU legislation was mentioned.⁽¹⁰⁶⁾ In March 1998, the Governing Body decided that this Convention should be revised.

(b) Proposed solution

194. There seems to be two possible avenues that could be considered. The first option would be to revise the Convention, taking into account the latest technology and strides that have been made legislatively in Europe and elsewhere in developing legal instruments that protect the workers from the hazards of machines. In this revision, provisions should be included addressing the safety of machinery that is being transferred internationally and specifically would allow developing countries to restrict the importation of technologies that would be considered hazardous.

195. A second option would be to revise the areas that need updating mentioned above and adopting a Protocol to the Convention concerning the safety of machinery that is being transferred internationally as agreed by the workers' members of the Working Party.⁽¹⁰⁷⁾

196. The first option would mean a partial revision of Convention No. 119 and the extension of its scope to cover the safety of machinery that is being transferred internationally. Ratification by a member State of the new revising Convention, unless the new Convention otherwise provides, would involve the immediate denunciation of Convention No. 119 which, however, would remain in force in its actual form and content for the member States which have ratified it but have not ratified the revising Convention. The second option would mean a partial revision of Convention No. 119 and the elaboration of a new instrument in the form of a Protocol to the revising Convention which would extend its coverage to safety of machinery that is being transferred internationally. Both instruments would be open for ratification, the Protocol at the same time or at any time after the member States' ratification of the revising Convention. The merits of one or the other of these options require further consideration.

(c) Origin of the proposal

197. Based on an examination for the Convention in the context of the Working Party on Policy regarding the Revision of Standards in 1997 and 1998, the Governing Body approved, at its 271st Session (March 1998), a proposal to revise this Convention.

(d) Relation to existing instruments

198. The Occupational Safety and Health Convention, 1981 (No. 155), has been drafted to take into account, as a principle on national policy, spheres of action related to the design, testing, choice, substitution, installation, arrangement, use and maintenance of material elements of work including machinery tools and equipment (Part II, Article 5). It also provides for action at the national level to ensure that those who design, manufacture, import, provide or transfer machinery and equipment are satisfied that the machinery or equipment does not entail dangers for the safety and health of those using it correctly and that information is made available on the correct installation and use (Part II, Article 12). Additionally, employers are required at the level of the undertaking to ensure that machinery and equipment under their control is safe and without risk to health (Part IV, Article 6).

(e) Progress made in research and preparatory work

199. If the proposal would be accepted, a study would need to be undertaken to review the current laws and practices of member States regarding the guarding of machinery and the transfer of technology as well as the recent and relevant EU legislation.

(f) Future prospects

200. Twenty member States reported obstacles to ratification, most of them identified difficulties related to specific Articles in the Convention, discrepancies between the Convention and national legislation and problems with the implementation of the Convention. The updating (revision) of the operational parts of Convention No. 119 may contribute to future ratifications.

16. The Marking of Weight (Packages Transported by Vessels)
-- Revision of Convention No. 27

(a) The problem

201. The Marking of Weight (Packages Transported by Vessels) Convention, 1929 (No. 27), provides for the marking of the gross weight "plainly and durably" on any package or object of 1,000 kilograms or more consigned for transport by sea or inland waterway within the territory of any member State which ratifies the Convention. The handling of packages or objects while in transit to the port or place where they are loaded is, prima facie, not within the scope of the Convention. The purpose of the Convention is to protect seafarers and shore workers from the hazard of lifting an infinite variety of goods forming general cargo, the weight of which was often unknown and could not reliably be estimated.

202. Convention No. 27 was adopted at a time when shipping operations were markedly different from those of today. Since then shipping operations have radically changed by the development of container traffic and the design of vessels and port facilities to accommodate containers. In practice, however, it appears that a number of ratifying member States interpret Convention No. 27 so as to apply to containers. As Convention No. 27 does not cover modern and safe container-handling requirements, it needs to be revised in this respect.

(b) Proposed solution

203. It would seem that a revision of this Convention could be envisaged in different ways. The recent consultations proposed that the purpose of the revision should be to "adapt it to container traffic". More specifically, the Committee of Experts proposed in 1991 that a revision should be envisaged to ensure the "safe handling of containers". In addition, it should be noted that a specific proposal for revision was submitted in the course of the consultations in 1997 to the effect that an additional Protocol be adopted which would allow for an alternative to the marking of weight in the case of containers.

204. Furthermore, in the consultations recently conducted, several member States stated that a modification of the weight limit of 1,000 kilograms was due, that any possible conflict between Convention No. 27 and the International Convention for Safe Containers (CSC), adopted by the International Maritime Organization (IMO) in 1972,⁽¹⁰⁸⁾ should be avoided, and that a more modern risk-assessment approach to the subject should be adopted.⁽¹⁰⁹⁾

(c) Origin of the proposal

205. In 1985, the question of revising this Convention was raised in the context of the Working Party on International Labour Standards.⁽¹¹⁰⁾ The Working Party decided to retain this Convention among the instruments to promote on a priority basis. In 1987, the Committee of Experts made a general observation taking note of difficulties encountered by member States in applying Convention No. 27 to container traffic. Following a direct request to countries having ratified Convention No. 27 for information on the manner in which the Convention was applied to containers, the Committee of Experts made a general observation in 1991 in which it noted that "in spite of the existence of other international instruments bearing on some safety aspects in the use of containers (e.g. the CSC) it is desirable that Convention No. 27 be revised with a view to ensuring the safe handling of containers". The question of revision was taken up again in the context of the Working Party on Policy regarding the Revision of Standards. After examination in the Working Party⁽¹¹¹⁾ and consultations with the member States on the possible need to revise this Convention, the Governing Body decided in March 1998 that Convention No. 27 be revised.⁽¹¹²⁾

(d) Relation to existing instruments

206. Questions related to the safety and health of dockers are covered by the Protection against Accidents (Dockers) Convention, 1929 (No. 28) which is complementary to Convention No. 27. Articles 9 and 12 of Convention No. 28 are particularly relevant for the proper protection of workers when they have to deal with or work in proximity to goods.

207. Convention No. 27 is linked to safety provisions in the Occupational Safety and Health (Dock Work) Convention, 1979 (No. 152), and its accompanying Recommendation (No. 160). These instruments cover any part of the work of loading or unloading a ship. Relevant to the handling of containers in docks are Article 4 (provision of information, training and supervision to ensure the protection of workers; measures for handling of different types of cargo) and Article 31 (requirements for safe operation of freight container terminals) of Convention No. 152 and Paragraph 22 (measures for work on top of freight containers) of Recommendation No. 160. Neither Convention No. 27 nor Convention No. 152, however, covers the issue of "ensuring the safe handling of containers" sufficiently. A major question has recently arisen concerning new lifting methods such as vertical tandem lifting of containers and the relevant provisions applicable to them and the preceding regulations in this field.

208. Container traffic is also specifically regulated by other international instruments. The 1972 International Convention for Safe Containers (CSC) deals with the testing, inspection, approval and maintenance of containers. It requires, inter alia, that every approved container should have affixed to it a safety approval plate bearing prescribed information including the maximum gross weight which means the maximum allowable combined weight of the container and its cargo or contents. The term "container" is defined as an article of transport equipment with stated characteristics of size, strength and construction.

209. Furthermore, the IMO International Convention for the Safety of Life at Sea, 1974, which applies only to international shipping and not to inland waterways, provides that prior to loading cargo units on board ships the shipper is required to ensure that the gross mass or weight of such units is in accordance with that declared on the shipping documents, and that containers must not be loaded to more than the maximum gross weight indicated on the safety approval plate.

(e) Progress made in research and preparatory work

210. In order to determine the necessary course of action, the Office would need to undertake preparatory work to look at appropriate ways to adapt Convention No. 27 to changes in methods of transportation, taking into consideration whether the scope of the Convention should be extended to include container transport by whatever means, and whether a modification of the weight limit was appropriate. In addition, the Office would also need to examine whether a more modern risk-assessment approach to the subject should be adopted.

(f) Future prospects

211. As research on these issues has yet to be programmed, the required preparatory research could be undertaken during the 2002-03 biennium at the earliest, unless the Governing Body decides to undertake the revision of Convention No. 27 on a priority basis.

17. Maximum Weight -- Revision of
Convention No. 127 of 1967

(a) The problem

212. Manual lifting, lowering and moving of heavy material and work items are strenuous and are a major cause of accidents. Back injuries and back pain are the most common feature of accidents and disorders reported in a wide range of workplaces, including construction sites, agricultural undertakings, factories, mines, offices, warehouses, shops, hospitals and anywhere else where lifting or carrying of loads takes place as a feature of the work process. A significant number of manual-handling accidents have a lasting effect and sometimes lead to permanent disabilities of the victims.

213. The Maximum Weight Convention, 1967 (No. 127), and its accompanying Recommendation (No. 128) have a basic protective approach to these issues and focus on individual workers' protection, although some aspects of prevention also are mentioned.

214. In the course of the examination of Convention No. 127 in the context of the Working Party on Policy regarding the Revision of Standards,⁽¹¹³⁾ member States were consulted on the possible need to revise this Convention. The comments received from governments⁽¹¹⁴⁾ questioned, in particular, the basic approach of the Convention, the special rules for women and young workers in its Article 7 and the maximum permissible weight limit prescribed in Article 3. The problem is that these issues are interlinked and any attempt to resolve them separately raises new problems.

215. If the basic approach of the Convention is updated, the preventive approach that it would advocate may well be beyond the possibilities of many countries which still need a protective approach. A revision of the Recommendation could be useful, but the numerical value of the maximum permissible weight (55 kg) that it currently recommends would have to be divided by three. A Protocol is not likely to change the basic approach of the Convention.

(b) Proposed solution

216. There are several alternative solutions that could be envisaged and they may be combined, for example:

to address, with a preventive approach, the question of handling and transport of loads as a whole. New instruments would be needed for this purpose; the existing ones would remain unchanged for the benefit of those countries which still need a protective approach;
to revise the Recommendation in order to advocate a preventive approach and to lower sufficiently the maximum permissible weight so that this would nullify the need for special provisions for women and young workers; a Protocol to the Convention could indicate that when this numerical value is made compulsory, Article 7 (concerning women and young workers) does not apply.

217. Whatever solution will be chosen, the guidance necessary to implement a comprehensive preventive approach is too detailed to be incorporated in an international instrument and consideration should be given to the elaboration of a code of practice.

(c) Origin of the proposal

218. The origins of this proposal concerning Convention No. 127 can be traced to the difficulties in implementation identified by a number of governments in their reports on its application. More directly, this proposal is a result of the examinations in the Working Party and the consultations held with the constituents on the basis of which the Governing Body, in March 1998, decided that this Convention should be revised.

(d) Relation to existing instruments

219. The Occupational Safety and Health Convention, 1981 (No. 155), requires employers to ensure that, so far as is reasonably practicable, the workplaces and processes under their control are safe and without risk to health. The Occupational Safety and Health Recommendation, 1981 (No. 164), identifies the field of "handling, stocking and storage of loads and materials manually or mechanically" (paragraph 3(f)).

220. The Occupational Health Services Convention (No. 161) and Recommendation (No. 171), 1985, include provisions which are directly relevant to the transport of loads such as those concerning risk identification and assessment, surveillance of workers' health and ergonomics (Article 5 of the Convention and Paragraph 8 of the Recommendation).

(e) Progress made in research and preparatory work

221. Information on national legislation was gathered and published in 1988.⁽¹¹⁵⁾ More recent information has been collected and a brief review of current problems is under preparation.

(f) Future prospects

222. The first step would be for the Office to make an analysis of national law and practice in relation with the alternative solutions proposed under (b). On this basis it could be decided whether an acceptable solution can be found or if there is a need for advice and recommendations formulated by a tripartite meeting of experts convened for that purpose. If so, this meeting of experts could also produce advice on the preventive approach which should be adopted as regards the transport of loads and on the content of the instrument or instruments which should be prepared.

223. Provisions for such a meeting could be introduced in the Programme and Budget proposals for 2002-03.

* * *

G. Social security

18. Social security -- Issues and prospects

(a) The problem

224. For many years, there has been no systematic dialogue on social security among ILO constituents. In the meantime, many countries have been going through a process of social security reform and the ILO has not been in the forefront of the debate. Part of the problem is that governments, employers and workers can have quite different approaches towards social security, and the time has come to systematically discuss through the various divergences and to define a common ILO approach. For such a discussion it is very important to have a clear idea about the new challenges and realities that social security is facing today.

225. Social security is generally the expression of social, economic and cultural values and institutions at the national level, but is increasingly also shaped by the international community and the global economic system. Changes in values have reduced the importance of the extended family and boosted the role of women in employment and society. Moreover, in addition to the social partners there are new societal groups that are concerned with and involved in social security. Social security has also been marked by changes in the labour market, such as unemployment, labour flexibility and the informalization of employment. Finally, there is an almost universal interest in improving the coordination between policies for economic growth, employment and social protection.

(b) Proposed solution

226. Taking into account the profound changes affecting social security programmes, the Office proposes the review of five key issues for a general discussion at the Conference in 2001.

Coverage and exclusion

227. In spite of wide regional differences in formal coverage of social security, one of the key current global problems is that more than half of the world's workforce and their dependants are not covered by social security systems. Even in countries with high economic growth, more and more workers (and in particular women) are in less secure employment, such as the self-employed, casual and homeworkers. Many of these workers are usually barred from access to existing social security (mainly old-age pension) systems through a variety of explicit and implicit restrictions with regard to occupation, enterprise size, wage levels and employment contracts. Moreover, experience shows that even if such restrictions were lifted, most workers would not voluntarily join such schemes. Two important reasons seem to be that their contributory capacity is low and that they have different social security priorities. Existing schemes tend to provide old-age pension coverage, whereas the priorities of most workers outside the formal sector are focused on protection in case of death, disability and health care costs.

228. Among the most vulnerable groups outside the labour force are the disabled and the elderly who cannot count on family support, who do not have access to other forms of social benefits and who have not been able to make provisions for their own pensions. There is a need to develop new institutions and forms of social assistance financed by the State or from external resources to meet the specific social security needs of these groups.

Equality of treatment between men and women⁽¹¹⁶⁾

229. This issue has become increasingly important in the light of far-reaching changes in family structures as well as the changed role of women in the labour market. Women occupy most of the part-time, low-income, intermittent and precarious jobs, which more often than not fall outside the coverage of social security. Most women also often assume the greater part of parental responsibility and therefore have less time to build up their social security rights. Moreover, in most societies women still have a lower retirement age which very often makes it difficult for them to fulfil the qualifying conditions for full benefits. Men, on the other hand, also face inequality of treatment, as in most countries survivors' benefits are granted only to widows.⁽¹¹⁷⁾

230. Some particular items that could be discussed, and that would be amenable to the development or updating of standards, are the following:

equality of treatment as regards old-age benefits (retirement age, calculation of benefits);
equality of treatment as regards survivors' benefits;
the division of pension rights in the event of separation;
the calculation of, or access to, benefits for parents with family responsibilities.

Coordinating labour market and social security policies

231. Labour market policies have three major functions: to raise labour earnings (mainly through training); to improve the functioning of the labour market (mainly through employment services and the regulation of collective bargaining); and to protect workers (mainly through affirmative action as well as regulation of basic working and employment conditions). Social security comes into play when people are poor and unemployed; when workers leave the labour market for good as a result of old-age and disability, or temporarily as a result of sickness and maternity; and when they need to be protected against the vagaries of medical expenditure (health and employment injury insurance).

232. One of the principal goals of labour market and social security policies is therefore to improve the human outcomes of the labour market process. A major ongoing debate in this context is about the conditions under which policies for economic growth, a better functioning of the labour market and adequate social protection can reinforce each other. This debate originated in the OECD countries, then moved over to the countries in transition, and is now also affecting policy-making in the developing countries. One key issue is the complementarity between labour market policies and social protection policies, such as unemployment insurance and social assistance. Another important issue is the need for more unemployment insurance, in particular for countries recently hit by the financial crisis in South-East Asia.

Implications of globalization

233. The internationalization of the labour market has important implications for social security. Changes in the international economic environment can lead to sharp drops in the income of workers who are often not -- or not sufficiently -- covered by social protection. For those who are covered, there are important problems of portability of benefits when workers move from one country to another. Solutions are being found for countries that are part of regional economic unions, such as the EU and MERCOSUR, but more thought will have to be given to this problem at the global level.

234. The globalization of financial markets is having a major impact on the return of investments and on pension benefits. Pension funds, for example, are making large investments in stock markets and their role is likely to grow in the foreseeable future. As shareholders, pension funds have a considerable impact on company management whose decisions have wide-ranging implications for the economy, workers and the environment. On the other hand, many pension funds -- particularly in the developing countries -- need to diversify their investments beyond the national government bond market so as to obtain a stable and reasonable return for their members. Here the issue would be to discuss guidelines (or possibly a code of conduct for pensions funds) with respect to investments, legislation, tax treatment and the participation of social partners.

Governance and privatization

235. With the exception of most of those operating in developed countries, many social security schemes do not work very well. This may be due to weaknesses either at the planning and policy level, or at the institutional level or at the operational level, but a failure to meet the basic objectives of the scheme is a major issue. These failings may include an absence of strategic planning, a lack of clarity in the respective roles of the various competent officials and institutions, insufficient opportunities for participation in the supervision of the scheme by representatives of employers and workers who are principal stakeholders, an inability to maintain accurate records, excessive administration costs and high levels of evasion. Such weaknesses undermine the credibility and viability of the schemes and have provided the basis for calls for radical reform as, for example, in Latin America.

236. Privatization has therefore often been invoked as a means to improve the cost-effectiveness of social security administrations. In some cases, the process of privatization has provided an opportunity for more participation of members through collective bargaining and other arrangements. In other cases, it has led social security systems to permit the choice of coverage under approved private providers. The discussion would concentrate on the questions as to whether public institutions can be reformed so that they combine the best features of public and private ownership and whether there is scope for partial privatization. While the State remains responsible for social protection for its citizens, the key issue is the extent to which the State should directly provide social security rather than establish an environment and a regulatory framework in which individuals, their families and their employers make their own arrangements.

(c) Origin of the proposal

237. 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 coverage 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. The subject was brought up at the March 1997 session of the Governing Body⁽¹¹⁸⁾ and was supported by one government.⁽¹¹⁹⁾

(d) Relation with existing instruments

238. The proposed discussion for the International Labour Conference in 2001 would, first of all, take into consideration the implications of the outcome of the Working Party on Policy regarding the Revision of Standards. It might then review a few suggestions about possible future standard setting in two key areas: on the extension of basic social security and on equality of treatment between men and women, possibly in the context of the revision of Conventions. Finally, it could highlight the relevance and feasibility of other legal instruments, such as a code of conduct for pension fund investments.

(e) Progress made in research and preparatory work

239. By the end of 1999 the Social Security Department will have completed a research project on social security principles as well as the 1999-2000 World Labour Report which will be entirely devoted to social security. For the 2000-01 programme and budget, research projects are foreseen on the role of social security standards, protection for the unemployed and on pension fund investments.

(f) Future prospects

240. In the Governing Body discussions on the portfolio in November 1997 this subject was supported by the Employers' group and by five governments.⁽¹²⁰⁾

241. A more detailed proposal on this subject was discussed at the Governing Body session in March 1998 at which time it received support from the employers' organizations and five governments.⁽¹²¹⁾

242. During the consultations held in 1998, 18 governments⁽¹²²⁾ were in favour of this proposal while two⁽¹²³⁾ opposed it. Among those in favour, ten governments⁽¹²⁴⁾ proposed a general discussion on this theme.⁽¹²⁵⁾ Six governments⁽¹²⁶⁾ were in favour of standard-setting action. A modification of the approach to this item was suggested by, on the one hand, the Government of Morocco which proposed the following new title: "Management participation of the insured and the employers in social security institutions" and on the other hand, by the employers' organizations who proposed the title "Modernization of Social Security."

243. In addition, 19 governments⁽¹²⁷⁾ were in favour of the proposal concerning "Equal treatment between men and women" while one government⁽¹²⁸⁾ preferred no action in this respect. Of those in favour, 11 governments⁽¹²⁹⁾ were in favour of a general discussion while five governments⁽¹³⁰⁾ and the workers' organizations advocated standard-setting action on this issue. Two governments⁽¹³¹⁾ proposed a joint consideration of this item and the subject on basic social security standards.

* * *

H. Employment of women

19. Employment of women

(a) The problem

244. One of the most striking phenomena of the twentieth century has been the extent to which women have increased their share of paid employment. Since the 1980s, women have been providing the bulk of all new labour supply in the world at the same time as men's economic activity rate has been consistently falling. With globalization, revolutionary advances in information and communications technology and modern service economies, women appear to be the winners, while men are "losing out". Behind this appearance, however, progress towards gender equality needs to be assessed in terms of several basic questions:

What are the new jobs that are being created and what are the jobs that are being destroyed, and how are women and men being differentially affected by this process of job creation and job destruction?
Why do women seem to be more flexible and adaptable in entering the new areas of employment than men?
What are the implications of the employment of women for the employment of men - are women depriving men of jobs, or are labour markets still highly segregated and if so, why do men still not want to do "women's jobs"?
Given that women are now in the labour force to stay, what is needed to get governments, employers and workers themselves to recognize why women are good for business and why investing fully in their potential is critical?
How is women's employment related to the reduction of child labour, and how can such impacts be promoted?

245. These questions could also be put simply as: Have quantitative increases in female employment been matched by qualitative improvements in working conditions? There is no denying that women have come a long way, but why is it that some old barriers to equality remain impenetrable and new ones are raised. A disproportionate number of women are engaged in employment that is "atypical": part-time, temporary, casual work, involving unusual or irregular hours, or done on a contract or piece-rate basis. These jobs are poorly paid, insecure and often unsafe. Essentially, they are dead-end jobs which offer little scope for upgrading skills and no career prospects. There are also new and growing highly vulnerable groups: female heads of households, migrant women, indigenous women, and those who are extremely poor are just some of the groups of women who do not appear to be able to escape in any meaningful and sustainable way from being victims of discrimination and marginalization. In times of high or rising unemployment, women still tend to be first and most severely affected. Even those women who have "made it" into professional and managerial jobs continue to find it a struggle as men close ranks against them.

246. Whatever their employment status, women still bear the bulk of family responsibilities. A growing number of companies are now implementing family friendly policies. The challenge, however, is to convince employers, especially of smaller enterprises, that such policies are not a "cost" of hiring female rather than male workers; and to encourage not only women but also men workers to make use of such policies without fearing that it will be construed as lack of commitment to their work or a justification for lack of promotion opportunities. With dual-earner couples increasingly the norm, it is also essential that men assume a more equitable share of the domestic burden.

247. Most countries now have in place legislative and administrative measures and programmes to eliminate discrimination and promote equality of opportunity and treatment. Enforcement of these measures has been premised on the ideas that the government would be a major and model employer, that there would be clear employer-employee relationships, and that women workers would be represented by trade unions and collective bargaining would protect and improve their rights and entitlements. The problem is that these assumptions are increasingly irrelevant as employment for women (and for some men) has changed tremendously in terms of work organization, working time and working life, employment contracts, skill requirements and arrangements for training and social security, etc.

248. Progress towards the achievement of equality of opportunity and treatment has been far from continuous or sustained. In times of economic growth and prosperity, equality is paid more than just lip service and resources are devoted to its promotion. However, in periods of transition, recession or downturn, efforts to promote equality are minimized and the measures to enable women to better balance work and family responsibilities are often among the first to be abandoned. Moreover, women are less inclined to seek redress for discrimination in troubled economic periods for fear of retaliation that could result in a loss of employment. Cyclical adherence to this most fundamental human right has thus resulted in slow and uneven progress towards gender equality, and there is sometimes a distinct reversal of whatever gains have been made. With the threats of a global financial crisis or depression looming ever larger, the question cannot be avoided of whether women will be the major losers.

(b) Proposed solution

249. To address the critical issues raised above, it is proposed that the subject of women's employment be included in the portfolio, with a view to a general discussion. A general discussion will provide an important and timely basis for the social partners to identify the special areas in which the ILO could take a leading role to end gender discrimination in employment and occupation. This discussion would also be significant in the light of follow-up on the ILO Declaration on Fundamental Principles and Rights at Work.

250. The general discussion could cover topics dealing with how global trends and developments have led to changes in labour markets and in the nature of jobs and how they affect differentially men and women, both in the world of work and as regards their social relationships and family responsibilities. It can also assist in identifying where in-depth research needs to be done to identify more precisely, for example, how many and what types of jobs are being created or destroyed, why jobs remain "feminine" or "masculine", which groups of women (and men) are most vulnerable to unemployment, marginalization and exploitation, and why it is that gender equality appears to be so difficult to achieve. The experience of the social partners will be invaluable in reviewing the effectiveness of current arrangements for the promotion of gender equality, and in determining how the ILO can become more visible globally, and more influential nationally, as an organization that places a high priority on the elimination of gender discrimination.

(c) Origin of the proposal

251. A proposal to consider "Equality and employment for women in the context of globalization and structural change" was supported by three governments⁽¹³²⁾ and it was proposed for a general discussion at the 1996 International Labour Conference. It was again proposed for a general discussion for the International Labour Conference in 1998, and although it was not retained, the Workers' group expressed their support for this item.

(d) Relation to existing instruments

252. This proposal on the employment of women is integrally linked to several existing international labour standards. The most significant are Discrimination (Employment and Occupation), 1958 (No. 111), and Equal Remuneration, 1951 (No. 100): these Conventions are the basis of the fundamental right of workers to the elimination of discrimination, as set out in the Declaration on Fundamental Principles and Rights at Work. Other important Conventions are the Workers with Family Responsibilities Convention, 1981 (No. 156), and the Part-Time Work Convention, 1994 (No. 175).

253. The item of women's employment is also of particular relevance to the ILO Declaration on Fundamental Principles and Rights at Work, adopted by the Conference in June 1998.

(e) Progress made in research and preparatory work

254. The promotion of gender equality in employment and occupation has been a continuing major activity of the Office. A substantial amount of background materials is therefore already available, in terms of: (i) in-depth research on specific topics related to women's employment (for example, recent publications on gender and jobs, breaking through the glass ceiling, vulnerable groups such as migrant women and those in the sex sector, etc.); (ii) gender disaggregated data on key labour market indicators (the KILM project) at global, regional and national levels; and (iii) information from the large number of technical cooperation activities dealing with various dimensions of gender equality.

255. The ILO's International Programme on More and Better Jobs for Women will be able to provide an evaluation and assessment of the results achieved in formulating and implementing national action plans for more and better jobs for women. The global programme is also in the process of preparing several manuals on "good practices" for the promotion of more and better jobs for women: dealing with equal pay, discrimination, protection of vulnerable groups, sexual harassment, family friendly policies, etc. and the identification of what works in different national contexts, what does not and why. These manuals are being prepared on the basis of systematic collation and evaluation of policies and programmes of the social partners in different countries, monitoring and evaluation reports of technical cooperation activities, review of information from other international organizations and NGOs, etc.

256. The Office is therefore in a relatively well-prepared situation to provide the materials for a general discussion on the proposed item.

(e) Future prospects

257. This proposal enjoyed the support of four of the members of the Governing Body⁽¹³³⁾ at its November 1997 session when examining the portfolio of proposals for inclusion on the Conference agenda for 1999. In addition, the Workers' group emphasized the importance of this proposal.

258. In the consultations in 1998, 22 governments commented on this proposal, of which 18⁽¹³⁴⁾ were favourable to it. One government⁽¹³⁵⁾ suggested to postpone the proposed action, while two governments⁽¹³⁶⁾ took the view that it required a more specific focus. One government⁽¹³⁷⁾ was opposed to this item. Among those in favour, nine governments⁽¹³⁸⁾ specified that they supported holding a general discussion on this theme, while six governments⁽¹³⁹⁾ advocated standard-setting action. The Canadian Government suggested that this proposal be related to the ILO's International Programme on More and Better Jobs for Women.

259. In this context it should be recalled that during its examination of Conventions Nos. 4, 41 and 89, the Working Party on Policy regarding the Revision of Standards recommended that the Committee of Experts undertake a general survey concerning night work of women, 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 this general survey will be conducted.

* * *

I. Employment of children and young persons

20. Night work of children and young persons
-- Revision of Conventions Nos. 6, 79 and 90

(a) The problem

260. The Working Party on Policy Regarding the Revision of Standards has discussed the possible adoption of new instruments on night work of young persons to replace all existing instruments with an instrument of general scope. This procedure would correspond to the action taken on minimum age. These considerations were highlighted in the Working Party 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

261. As a result of the work of the Working Party, 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 include Convention No. 6 in its examination. This could take the form of a consolidated new instrument or 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

262. 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

263. In 1990 the ILO adopted the Night Work Convention (No. 171). This Convention, however, contains no provisions specifically aimed at young persons. The ILO is currently considering the adoption of new standards on the worst forms of child labour. The second discussion will take place during the Conference in 1999. The standards under discussion may 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

264. No preparatory work on this subject has been carried out.

(f) Future prospects

265. Should the Governing Body decide that this issue is a priority, the Office could be requested 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 proposals

266. As noted in the introduction, this heading includes a series of less detailed proposals or ideas which, in most instances, have been advanced by the constituents in the consultations held and concerning which the Office has not yet undertaken any specific research.

21. Public sector employment

267. One Government⁽¹⁴⁰⁾ suggested in the course of the 1997 consultations that the Governing Body examine the question "Job security in the public sector" with a view to its inclusion in the Conference agenda.

268. During the discussion at the Governing Body on the portfolio in November 1997, one Government member⁽¹⁴¹⁾ suggested a joint consideration of this item with other items in the portfolio related to employment.

269. This proposal was supported by 15 governments⁽¹⁴²⁾ while one government⁽¹⁴³⁾ considered that it should not be examined as an individual topic. Of those in favour, six governments⁽¹⁴⁴⁾ preferred a general discussion on this item, while eight governments⁽¹⁴⁵⁾ were in favour of standard-setting action.

270. The employers' organizations proposed a change of focus reflected by a different title: "Modernization of the public sector". One government⁽¹⁴⁶⁾ noted that before assessing the suitability of this item for general discussion, an evaluation should be made of the outcome of the ILO Joint Meeting on Human Resource Development in the Public Service in the Context of Structural Adjustment and Transition, to be held in December 1998.

22. Privatization of enterprises

271. This item was brought up by two governments⁽¹⁴⁷⁾ in the 1997 consultations. During the Governing Body's discussion on the portfolio in November 1997, one government member⁽¹⁴⁸⁾ suggested a joint consideration of this item with other items in the portfolio related to employment.

272. This proposal was taken up by 22 governments⁽¹⁴⁹⁾ and one employers' organization in the 1998 consultations. One government⁽¹⁵⁰⁾ was opposed to this proposal. The employers' organizations proposed to delete it from the portfolio. Eight governments⁽¹⁵¹⁾ and one employers' organization favoured a general discussion on this subject while nine governments⁽¹⁵²⁾ stated a preference for standard-setting action.

273. The employers' organizations proposed to change the focus of this proposal to cover "Impact of privatization on employment".

23. Export processing zones

274. In the consultations of 1997, the workers' organizations advocated a general discussion of this topic.

275. It should be recalled that a Tripartite Meeting of Export Processing Zones -- Operating Countries will be held in Geneva from 28 September to 2 October 1998.⁽¹⁵³⁾ This proposal could be considered in the light of the outcome of this meeting.

24. Informal sector

276. This item was brought up in the consultations of 1997 where three governments⁽¹⁵⁴⁾ supported it. The workers' organizations requested a consideration of an extension of social security protection to the informal sector.

277. It should be recalled that this subject was discussed at the Conference in 1991 on the basis of the Report of the Director-General.⁽¹⁵⁵⁾

278. In the consultations of 1998 this item was taken up by one government.⁽¹⁵⁶⁾ Another government⁽¹⁵⁷⁾ proposed a specific focus on occupational safety and health issues in the informal sector. Furthermore, the employers' organizations supported this item and noted that the informal sector remained largely unknown, yet it generated a considerable number of jobs and contributed to national wealth.

25. Multinational enterprises and social issues

279. In the 1960s, the advent of multinational enterprises ("MNEs") on the world economic scene, and the power and influence they exercised, gave rise to concerns, especially to governments in the developing regions, and to the international trade union movement.

280. The ensuing wide-ranging debate on the social, economic and political ramifications of MNE activities resulted in demands for the drawing up of instruments to regulate their conduct. While other aspects were dealt with in other relevant fora, the labour and social side of the issue was covered by the adoption, in the ILO in 1977, of the Tripartite Declaration of Principles concerning Multinational Enterprises and Social Policy.

281. In the years since, foreign direct investment by MNEs has "fuelled" globalization and MNEs play an increasingly important role in the economies of many countries, so much so that they have been called "the powerhouse of the global economic system". They are sources of capital, employment, know-how, human resources development, technology, and provide linkages to an expanding world market. MNEs impact every facet of industry, trade, services, commerce and manufacturing. No less than some 190 million people depend on MNEs for their direct or indirect employment.

282. The process of globalization itself has helped to highlight the increasing influence and power of the principal actors in the process, i.e. the multinational enterprises. This makes multinational enterprises a most powerful and formidable economic and social agent, and there is no doubt that their activities have profound social, cultural, economic, as well as political, impact.

283. It is to be recalled that the ILC, at its 69th (1983) Session, had discussed "Social aspects of industrialization", an issue which is in some ways related to MNE activities. However, in view of the dramatic changes that have taken place in the world economy and the growing concern that continues to be expressed worldwide on the consequences of accelerated globalization on social priorities and developments, it would appear useful for the Governing Body to examine the placing on the agenda of the ILC, for general discussion, an item entitled "MNEs, globalization and social issues".

284. Initiated during the 1997 consultations by several workers' organizations, a general discussion on a subject entitled "Multinational enterprises and social policy" was supported by one government⁽¹⁵⁸⁾ in the 1998 consultations. One workers' organization advocated standard-setting action. This item may also be related to the following subject.

285. It should also be recalled in this context that, following the Tripartite Meeting on the Human Resources Dimension of Structural and Regulatory Changes in Postal and Telecommunications Services,⁽¹⁵⁹⁾ a resolution was adopted that invited the Governing Body to request the Director-General "to consider the possibility of including labour-related issues of multinational enterprises on the agenda of a forthcoming session of the International Labour Conference".⁽¹⁶⁰⁾

26. Social impact of globalization

286. This theme was taken up by several governments in the 1997 consultations. Several suggestions for a specified focus were advanced.⁽¹⁶¹⁾

287. In the 1998 consultations 24 governments⁽¹⁶²⁾ took up this issue. With one exception,⁽¹⁶³⁾ a general discussion on this theme was supported. The workers' organizations were also in favour of a general discussion.

288. Several governments proposed modified titles or specified a focus for the discussion: ILO achievements to date and the role of the ILO in addressing the social challenges of globalization;⁽¹⁶⁴⁾ the three themes "Multinational enterprises and social policy", "Social impact of globalization" and "Industrial restructuring" should be considered jointly,⁽¹⁶⁵⁾ and the question of the effect of globalization on social legislation⁽¹⁶⁶⁾ or on international labour standards was also proposed to be addressed.⁽¹⁶⁷⁾

27. The role of labour administration in the promotion
of fundamental principles and rights at work and
in the application of ILO core Conventions

289. The ILO Declaration of Fundamental Principles and Rights at Work, adopted by the Conference in June 1998, provides for the promotion by the member States of the fundamental principles and rights which are the subject of the seven core Conventions.⁽¹⁶⁸⁾ In its Annex, it describes the follow-up by the Organization regarding this promotion. The question to be asked is, at the national level, what role the labour administration could play in this respect. In addition, should its role be promoted in the effective application of ratified ILO core Conventions?

290. A general discussion on the role of labour administration in the promotion of the principles and rights embodied in the Declaration of Fundamental Principles and Rights at Work and in ensuring the application of national laws and regulations which implement the core international labour standards could take place at a forthcoming session of the Conference. This proposal, in particular the preparation of the Conference report on which the discussion could be based, would involve different units in the Office as well as virtually all MDTs. It would start by analysing the role of labour administration systems in relation to the substantive issues covered by the Declaration and the seven core Conventions, and what could be done to strengthen member States' labour administration capacity to make an impact in the said promotion and the application of the legislation concerned, in permanent relationship with the social partners.

291. During the November 1997 session of the Governing Body, the contribution on labour administration in the Office document was entitled "The role of labour inspection in the application of Conventions on basic human rights at work". Two governments⁽¹⁶⁹⁾ and the Workers' group demonstrated an interest for this issue during the discussion on this proposal.

292. In the course of the consultations that were held this year, 22 governments referred to this proposal. Nineteen⁽¹⁷⁰⁾ were in favour of this subject, two⁽¹⁷¹⁾ were opposed to it, while one government⁽¹⁷²⁾ wished to see less priority given to this subject. Among the governments in favour, 12 governments⁽¹⁷³⁾ had a stated preference for general discussion and six governments⁽¹⁷⁴⁾ for standard-setting action. Three governments⁽¹⁷⁵⁾ added that this proposal should be examined in the context of the ILO Declaration on Fundamental Principles and Rights at Work.

28. Transnational labour relations

293. This question was brought up in the document on the portfolio of proposals for standard-setting action submitted to the Governing Body in March 1997.

294. In the 1998 consultations 18 governments took up this issue. Of these, 17 governments⁽¹⁷⁶⁾ supported it while the Employer's organizations proposed to delete it from the portfolio. In addition, one government⁽¹⁷⁷⁾ considered the subject "too extensive, too multifaceted and too recent" and pointed out that its focus should be clarified. Two governments⁽¹⁷⁸⁾ considered that this proposal could not be assessed or that its concept and aim was unclear.

295. As suggested in 1997, 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 attempts to extend labour law beyond national borders by giving it extraterritorial effects in certain cases.

29. Prevention of psychosomatic disorders
and mental stress

296. The item was suggested for new standards in 1987 by the Working Party on International Labour Standards⁽¹⁷⁹⁾ and it was included in the Programme and Budget for 1996-97 among the work in preparation for possible standard-setting action. In the 1997 consultations the workers' organizations wished for this proposal to remain in the portfolio.

297. During the discussions on the portfolio in the Governing Body at its November 1997 session, this proposal was supported by one government.⁽¹⁸⁰⁾

298. In the 1998 consultations one government⁽¹⁸¹⁾ suggested that consideration be given to an item entitled "Stress at work and welfare of workers".

30. Substance abuse at the workplace

299. In the 1998 consultations one government⁽¹⁸²⁾ proposed an item on this subject be included in the portfolio.

300. It might be recalled in this context that a meeting of experts was held in Geneva in 1995 to consider, inter alia, a draft code of practice on the management of alcohol- and drug-related problems at the workplace. The code of practice was adopted by the Governing Body in March 1995.⁽¹⁸³⁾ At this meeting, the experts' view was not unanimous as they did not agree on whether the ILO should undertake any further action in this field. The Governing Body is invited to indicate if this item should be retained in the portfolio.

31. Working and employment conditions
of ageing workers

301. During the discussions on the portfolio in the Governing Body at its November 1997 session, the Finnish Government noted that unemployment is increasingly happening in the group of older workers who generally have less education and thus have more problems coping with the tools and working methods of information society. Also, the proportion of older employees in the working population has grown in many countries to an alarmingly high level. For this reason, it was proposed that the "Working and employment conditions of ageing workers" be included in the portfolio for consideration of a possible general discussion.

32. Employment of migrant workers

302. 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, was approved by the Governing Body during its 270th (November 1997) Session. This document included 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. It should also be recalled that 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 concluded by the CEACR in December 1998 will allow an assessment to be made of the need to revise these Conventions, which one could then consider including in the portfolio.

33. Seafarers and fishermen

303. It should be borne in mind that the Working Party on Policy regarding the Revision of Standards will, at the present session of the Governing Body, examine the need for revision of the Conventions and Recommendations on seafarers and fishermen.

34. Better collaboration and coordination with United Nations
agencies and bodies in the field of working life

304. This proposal was submitted by the Government of Finland in the 1997 consultations.

305. In the 1998 consultations this proposal was supported by 13 governments.⁽¹⁸⁴⁾ The workers' organizations were in favour of a general discussion on this subject. Two governments⁽¹⁸⁵⁾ suggested to consider this issue in relation with administrative reforms within the United Nations system. Three governments⁽¹⁸⁶⁾ were not fully convinced of the interest and relevance of this topic.

35. Other suggestions

306. A number of other suggestions for themes to consider were made by constituents in the 1998 consultations. They included:

The ILO's role in improving social, statistical methods and models;
Evaluation of the effect of the supervisory system of the ILO on the promotion of human rights at work;
Work and the environment;
Socio-economic reintegration of former prisoners;
Specific working hazards -- Visual display units;
Occupational medicine in the public sector;
Ergonomics;
The present role and function of occupational safety and health.

307. Finally, the employers' organizations proposed a revision of the Dock Work Convention, 1973 (No. 137). The Governing Body is invited to indicate whether any further action should be undertaken by the Office concerning these suggestions.

* * *

Closing remarks

308. At its 274th Session (March 1999) the Governing Body will be invited to examine more closely certain proposals for which sufficient preparatory work has been done to be able to place them on the agenda of the Conference in the year 2001. By way of information, it is the following proposals that are at a reasonably advanced stage of preparation:

(a) New measures concerning discrimination in employment and occupation;

(b) Investment and employment;

(d) ILO's contribution to peace-building operations;

(e) Alternative forms of labour conflict resolution;

(f) Recording and notification of occupational accidents and diseases;

(g) Use of hazardous substances -- Revision of Conventions Nos. 13 and 136;

(h) Social security -- Issues and prospects;

(i) Employment of women.

309. Furthermore, it should be recalled that differing opinions have been expressed on the issue of the prevention of sexual harassment at work, favouring both short-term standard-setting action as well as other solutions. The Governing Body is invited to provide guidelines on this issue and if possible indicate the level of priority that the Office should give it in view of possible standard-setting action.

310. The proposals listed in clauses (a), (c) and (f) above were formulated in view of the adoption of new standards. The proposal under clause (g) implies the revision of existing standards. The proposals listed under clauses (b), (e), (h) and (i) are intended for a general discussion. Regarding the proposal under clause (d), the Governing Body is invited to state whether it plans to examine this question in view of only a general discussion, or whether it perhaps wishes to schedule a general discussion prior to standard-setting action, which could take the form of a new Recommendation.

311. Furthermore, the Governing Body is invited to indicate which proposals should take priority for research work and consultations by the Office in order to advance their level of preparation, taking into account the resources and time necessary for this to be done.

312. In order to draw up the agenda of the 89th Session (2001) of the Conference and to develop the portfolio, the Governing Body is invited to:

(a) examine the portfolio of proposals for the agenda of the Conference;

(b) indicate the proposals for which it wishes research work and consultations to be accelerated;

(c) select the proposals to be examined in greater depth at its March 1999 session, when it will finalize the agenda of the 89th Session (2001) of the International Labour Conference.

Geneva, 6 October 1998.

Point for decision:

Paragraph 312.

1. Albania, Algeria, Antigua and Barbuda, Australia, Austria, Azerbaijan, Bahrain, Belarus, Belgium, Benin, Botswana, Brazil, Bulgaria, Burundi, Canada, China, Colombia, Cuba, Cyprus, Czech Republic, Denmark, Ecuador, El Salvador, Eritrea, Finland, Germany, Ghana, Greece, Japan, Korea, Republic of, Lao People's Democratic Republic, Latvia, Lebanon, Lithuania, Mauritius, Morocco, Myanmar, Netherlands, New Zealand, Nicaragua, Norway, Oman, Panama, Peru, Poland, Portugal, Qatar, Russian Federation, Saudi Arabia, South Africa, Sweden, Switzerland, Syrian Arab Republic, Tajikistan, Tunisia, Turkey, United Arab Emirates, United Kingdom, Zimbabwe. Despite delaying the publication of this document to be able to include as many replies as possible, we have been unable to take into account those received after 14 September.

2. 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.

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

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

5. 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.

6. GB.270, Nov. 1997.

7. Algeria, Antigua and Barbuda, Australia, Botswana, Brazil, Bulgaria, Canada, China, Colombia, Denmark, El Salvador, Japan, Lithuania, Morocco, Netherlands, Panama, Portugal, South Africa, Sweden, United Arab Emirates, United Kingdom.

8. Germany.

9. Lebanon.

10. Algeria, Antigua and Barbuda, Canada, Colombia, El Salvador, Lithuania, Morocco, Panama, Portugal, United Arab Emirates, United Kingdom.

11. Australia, Botswana, Brazil, Bulgaria, China, Japan, Morocco, South Africa.

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

13. Brazil, China, Croatia, Germany, Guinea, Hungary, Italy, Japan, Korea, Republic of.

14. Brazil, Egypt, France, Germany, Guinea, Hungary, Italy, Japan, Korea, Republic of, South Africa, Swaziland, Turkey.

15. Antigua and Barbuda, Algeria, Australia, Austria, Bahrain, Botswana, Brazil, Bulgaria, Canada, China, Colombia, Germany, Japan, Lebanon, Lithuania, Netherlands, Panama, Peru, Portugal, South Africa, Tunisia, United Arab Emirates, United Kingdom.

16. Denmark, Switzerland.

17. Austria, Bulgaria.

18. Australia, Brazil, Bulgaria, Canada, China, Colombia, Japan, Lebanon, Panama, Portugal, Tunisia, South Africa ,United Kingdom.

19. Algeria, Antigua and Barbuda, Austria, Botswana, Lithuania, United Arab Emirates.

20. Austria, Cuba, Guinea, United States.

21. For details see GB.271/4/1, paras. 251-256.

22. Of relevance in this regard is the report to the 72nd Session of the session of the International Labour Conference in 1986 and the subsequent resolution concerning young people. International Labour Conference, 72nd Session of the session, 1986, Report V, and Record of Proceedings, pp. 37/21-29. Furthermore, in 1996, the 83rd Session of the International Labour Conference adopted the Conclusions concerning the achievement of full employment in a global context: The responsibility of governments, employers and trade unions. These conclusions included the affirmation that countries should design and implement special measures to enhance the employability of vulnerable groups such as young workers.

23. Resolution concerning youth employment, International Labour Conference, 86th Session, Geneva, 1998, Provisional Record No. 14, pp. 14/43-45.

24. Austria, Brazil, France, Germany, Guinea, Hungary, Italy, Japan, Swaziland, Turkey, United Kingdom.

25. Algeria, Antigua and Barbuda, Australia, Bahrain, Botswana, Brazil, Canada, China, Colombia, Cuba, Cyprus, Czech Republic, Denmark, Germany, Japan, Lebanon, Lithuania, Morocco, Myanmar, Netherlands, New Zealand, Panama, Peru, Portugal, United Arab Emirates, United Kingdom.

26. Japan, Lebanon.

27. Antigua and Barbuda, Australia, Brazil, Canada, China, Cyprus, Japan, Lebanon, Morocco, New Zealand, Portugal.

28. Algeria, Botswana, Colombia, Cuba, Czech Republic, Lithuania, Myanmar, Panama, Peru, United Arab Emirates, United Kingdom.

29. GB.273/ESP/7.

30. Internet: http://www.un.org/events/youth98. The Declaration is at http://www.un.org/events/youth98/docs/declarat.htm

31. World Conference of Ministers Responsible for Youth, Lisbon 8-12 Aug., 1998, United Nations doc. WCMRY/1998/L-10.

32. Brazil, Finland, Guinea, Sweden.

33. Brazil, Finland, Germany, South Africa.

34. Algeria, Antigua and Barbuda, Bahrain, Botswana, Brazil, China, Denmark, El Salvador, Germany, Lebanon, Lithuania, Panama, Portugal, South Africa, Tunisia, United Arab Emirates, United Kingdom.

35. Canada, Netherlands.

36. Japan, Colombia.

37. Algeria, Antigua and Barbuda, Brazil, Cuba, Germany, Lithuania, Panama, Portugal, South Africa, United Arab Emirates, United Kingdom.

38. Botswana, Canada, China, El Salvador, Lebanon, Tunisia.

39. Angola, Bosnia and Herzegovina, Cambodia, El Salvador, Ethiopia, Guatemala, Lebanon, Liberia, Mali, Mozambique, Namibia, Niger, Sierra Leone, South Africa, Uganda, Zimbabwe.

40. Algeria, Antigua and Barbuda, Botswana, Canada, Colombia, Germany, Japan, Lebanon, New Zealand, Portugal, South Africa, Switzerland, Tunisia.

41. Switzerland.

42. Canada.

43. Netherlands.

44. United Arab Emirates.

45. Albania, Antigua and Barbuda, Austria, Bahrain, Botswana, Brazil, Canada, China, Colombia, Cyprus, Czech Republic, Latvia, Lebanon, Lithuania, Panama, Peru, Portugal, Russian Federation, South Africa, United Arab Emirates, United Kingdom.

46. Netherlands.

47. Germany.

48. Japan.

49. Albania, Botswana, Canada, Czech Republic, Latvia, Portugal, South Africa, United Kingdom.

50. Portugal, South Africa.

51. Antigua and Barbuda, Austria, China, Colombia, Cyprus, Lebanon, Lithuania, Panama.

52. Albania, Antigua and Barbuda, Belgium, Brazil, Bulgaria, China, Colombia, Cuba, Denmark, Japan, Latvia, Lebanon, Lithuania, Panama, Portugal, South Africa, United Kingdom.

53. Antigua and Barbuda, China, Colombia, Cuba, Lithuania, Latvia, Panama, South Africa.

54. Antigua and Barbuda, China, Colombia, Cuba, Latvia, Lithuania, Panama, South Africa.

55. Canada, Germany.

56. GB.273/LILS/7.

57. Argentina, Austria, Canada, France, Italy.

58. Argentina.

59. Algeria, Antigua and Barbuda, Australia, Austria, Bahrain, Belgium, Botswana, Canada, Colombia, China, Cuba, Cyprus, Lebanon, Portugal, South Africa, United Arab Emirates, United Kingdom.

60. Netherlands, Germany.

61. Japan.

62. Australia, Austria, Botswana, Colombia, Portugal, United Kingdom.

63. Algeria, Antigua and Barbuda, Belgium, Canada, China, Cuba, Cyprus, Lebanon, South Africa, United Arab Emirates. A Belgian employers' organization did not support standard setting in this area, however.

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

65. Canada, Germany, Mauritius.

66. Germany.

67. Algeria, Australia, China, Germany, Lebanon.

68. Antigua and Barbuda, Botswana, Canada, Czech Republic, El Salvador, Lithuania, Morocco, Myanmar, New Zealand, Panama, Portugal, South Africa, Sweden, United Arab Emirates, United Kingdom.

69. Japan, Netherlands.

70. Colombia.

71. Algeria, Antigua and Barbuda, Australia, Botswana, Czech Republic, Colombia, Cuba, Lebanon, Netherlands, New Zealand, Panama, Portugal, South Africa, Switzerland, United Arab Emirates, United Kingdom.

72. Canada, China, Germany.

73. Japan.

74. Antigua and Barbuda, Cuba, Czech Republic, Panama, Portugal, South Africa, Switzerland, United Arab Emirates, United Kingdom.

75. Australia, Botswana, Colombia, Lebanon, New Zealand.

76. GB.265/LILS/WP/PRS/1, pp. 39-40.

77. GB.271/LILS/WP/PRS/2, paras. 79-90.

78. Seven ratifications as of 30.06.1998: Ecuador, Iraq, Mexico, Spain, Switzerland, Uruguay, Venezuela. Latest ratification: Uruguay, 1989.

79. European Agreement concerning the Work of Crews of Vehicles Engaged in International Road Transportation (AETR), concluded in Geneva on 1 July 1970. Entry into force: 5 Jan. 1976, UNTS, Vol. 993, p. 143.

80. GB.271/LILS/WP/PRS/2, pp. 79-90.

81. GB.271/LILS/5, para. 65.

82. Canada.

83. See GB.271/LILS/5, para. 74.

84. GB.271/LILS/5, paras. 66-67.

85. Czech Republic, New Zealand.

86. South Africa, Sweden.

87. The last contributions on this theme were submitted to the Governing Body in Nov. 1997 and Mar. 1998. See GB.270/2, paras. 210-226; GB.271/4/1, paras. 175-205.

88. GB.261/STM/4/14.

89. GB.244/2, paras. 96-116; GB.259/2, paras. 226-248; GB.262/2, paras. 69-94; GB.268/2, paras 9-41; GB.270/2, paras. 210-226.

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

91. Algeria, Antigua and Barbuda, Australia, Austria, Bahrain, Botswana, Brazil, Canada, China, Colombia, Denmark, El Salvador, Germany, Japan, Lebanon, Lithuania, Morocco, Netherlands, Portugal, South Africa, Sweden, United Arab Emirates, United Kingdom.

92. Colombia.

93. Algeria, Antigua and Barbuda, Austria, Botswana, Canada, China, Lebanon, Lithuania, Morocco, South Africa, United Arab Emirates, United Kingdom.

94. Australia, Brazil, El Salvador, Germany, Japan, Portugal. While, in principle, in favour, the German Government reiterated that in its view, efforts should initially focus on producing instruments on the recording of occupational accidents, since accidents could be defined and recorded more easily and clearly than occupational diseases.

95. A contribution on this theme was submitted to the Governing Body in Nov. 1997. See GB.270/2.

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

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

98. Algeria, Antigua and Barbuda, Australia, Bahrain, Belgium, Botswana, China, Denmark, El Salvador, Germany, Lebanon, Lithuania, Myanmar, Netherlands, New Zealand, Portugal, South Africa, United Arab Emirates, United Kingdom.

99. Canada.

100. Colombia, Japan, Switzerland.

101. Australia, China, El Salvador, Lebanon, Portugal.

102. Algeria, Antigua and Barbuda, Botswana, Lithuania, Myanmar, New Zealand, South Africa, United Arab Emirates, the United Kingdom.

103. GB.271/11/2, Appendix I, paras. 35-38 and paras.80-82.

104. ILO: Safety in the Working Environment, General Survey of the Reports on the Guarding of Machinery Convention (No. 119) and Recommendation (No. 118), 1963, and on the Working Environment (Air Pollution, Noise and Vibration) Convention, (No. 148), and Recommendation (No. 156), 1977, Geneva.

105. For the initial examination in the Working Party on Policy regarding the Revision of Standards, see GB.268/LILS/WP/PRS/1, section VIII.4 and GB.268/8/2, Appendix II, para. 84. The 1997-98 consultations have been reported and analysed in GB.271/LILS/WP/PRS/2, paras. 111-120, Mar. 1998.

106. It should be noted that the EC recently adopted a new Directive on this subject -- Directive 98/37/EC of the European Parliament and of the Council of 22 June 1998 on the approximation of the laws of the Member States relating to machinery.

107. GB.271/LILS/5, section II.9.

108. Adopted by the International Maritime Organization, 1972. See further under "Relation to existing instruments", below.

109. GB.271/LILS/WP/PRS/2, section I.3.

110. The German Government expressed to the Working Party on International Labour Standards its view that the requirement to mark the gross weights on containers had become redundant with the use of documentation which preceded the delivery of containers to the docks at which they were loaded onto vessels. The information as to gross weights given in the documents was used for the purposes of loading and of stowage of containers on the vessel. There was no discussion at the Working Party and henceforth no conclusion was reached on the proposal. Convention No. 27 remained among the instruments to be promoted in the priority category.

111. GB.268/LILS/WP/PRS/1, section VIII.9, and GB.268/8/2, Appendix II, paras. 96-98.

112. GB.271/LILS/WP/PRS/2, section I.3, and GB.271/LILS/5, section I.3, paras. 39-40.

113. GB.268/LILS/WP/PRS/1, section VIII.5, and GB.268/8/2, Appendix II, paras. 85-87.

114. GB.271/LILS/WP/PRS/2, paras. 10-18.

115. Maximum Weight in Load Lifting and Carrying, Occupational Safety and Health Series, No. 59, ILO, Geneva, 1988.

116. This issue was previously considered as a separate issue. See GB.270/2, Nov. 1997, paras. 286-298.

117. ILO: Social security and social protection: Equality of treatment between men and women, TMESSE/1994, prepared for the Tripartite Meeting of Experts on Social Security and Social Protection: Equality of Treatment between Men and Women, Geneva, 21-25 Nov. 1994, and report of the Meeting: TMESSE/1994/D.1, appended to GB.262/ESP/3.

118. GB.268/3, para. 39.

119. France.

120. China, Egypt, France, Italy, Spain.

121. Brazil, China, France, Germany, Italy.

122. Antigua and Barbuda, Bahrain, Belgium, Botswana, Bulgaria, Canada, China, Cuba, Czech Republic, Germany, Japan, Lebanon, Lithuania, Morocco, Netherlands, Portugal, South Africa, United Arab Emirates.

123. Colombia, United Kingdom.

124. Botswana, Bulgaria, Canada, Cuba, Czech Republic, Germany, Japan, Morocco Portugal, South Africa.

125. Two governments (Canada and Japan) did not exclude a subsequent standard-setting action, however.

126. Antigua and Barbuda, Belgium, China, Lebanon, Lithuania, United Arab Emirates.

127. Algeria, Antigua and Barbuda, Bahrain, Botswana, Canada, China, Colombia, Cyprus, El Salvador, Germany, Japan, Lebanon, Lithuania, Netherlands, Portugal, South Africa, Sweden, Switzerland, United Arab Emirates.

128. United Kingdom.

129. Antigua and Barbuda, Botswana, Canada, China, Cyprus, El Salvador, Germany, Japan, Portugal, South Africa, Switzerland. The latter Government could envisage a subsequent Recommendation on this matter.

130. Algeria, Colombia, Lebanon, Lithuania, United Arab Emirates.

131. Japan, Netherlands.

132. Hungary, United Kingdom, United States.

133. Egypt, Germany, Guinea, Mauritius.

134. Antigua and Barbuda, Australia, Bahrain, Botswana, China, Denmark, Ecuador, El Salvador, Germany, Lebanon, Lithuania, New Zealand, Peru, Portugal, South Africa Switzerland, United Arab Emirates, United Kingdom.

135. Netherlands.

136. Canada, Japan.

137. Colombia.

138. Australia, El Salvador, Germany, Lebanon, New Zealand, Portugal, South Africa, Switzerland, United Kingdom.

139. Antigua and Barbuda, Botswana, China, Ecuador, Lithuania, United Arab Emirates.

140. Mauritius.

141. Guinea.

142. Albania, Antigua and Barbuda, Bahrain, Botswana, Bulgaria, China, Colombia, Cyprus, Ecuador, El Salvador, Lebanon, Portugal, South Africa, United Arab Emirates, United Kingdom.

143. Japan.

144. China, Cyprus, El Salvador, Lebanon, South Africa, United Kingdom.

145. Albania, Antigua and Barbuda, Botswana, Bulgaria, Colombia, Ecuador, Portugal, United Arab Emirates.

146. Canada.

147. Greece, Mauritius.

148. Guinea.

149. Albania, Antigua and Barbuda, Bahrain, Bulgaria, Botswana, Canada, China, Colombia, Czech Republic, Ecuador, Germany, Latvia, Lebanon, Lithuania, Peru, Portugal, South Africa, Switzerland, United Arab Emirates, United Kingdom.

150. Japan.

151. Canada, China, Czech Republic, Germany, Lebanon, South Africa, Switzerland, United Kingdom.

152. Albania, Antigua and Barbuda, Botswana, Bulgaria, Colombia, Ecuador, Latvia, Lithuania, United Arab Emirates.

153. See: "Labour and social issues relating to export processing zones", report for discussion at the Tripartite Meeting, TMEPZ/1998.

154. Brazil, Egypt, Tunisia.

155. The Dilemma of the informal sector -- ILC, 78th Session, 1991, Report of the Director-General, Geneva.

156. Czech Republic.

157. South Africa.

158. Belgium.

159. Held in April 1998 in Geneva.

160. Resolution concerning multinational enterprises in the postal and telecommunications services, in GB.273/STM/4/2 (Appendix).

161. GB.270/2, Nov. 1998, paras. 305-310.

162. Algeria, Antigua and Barbuda, Australia, Belgium, Botswana, Bulgaria, Canada, China, Colombia, Cuba, Cyprus, Denmark, El Salvador, Germany, Japan, Lebanon, Morocco, Netherlands, Portugal, South Africa, Switzerland, Tunisia, United Arab Emirates, United Kingdom.

163. United Arab Emirates.

164. Canada.

165. Belgium.

166. Algeria.

167. Morocco.

168. The Forced Labour Convention, 1930 (No. 29), the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), the Equal Remuneration Convention, 1951 (No. 100), the Abolition of Forced Labour Convention, 1957 (No. 105), the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), and the Minimum Age Convention, 1973 (No. 138).

169. Cuba, Guinea.

170. Antigua and Barbuda, Bahrain, Botswana, Canada, China, Colombia, Cyprus, Czech Republic, El Salvador, Japan, Latvia, Lithuania, Panama, Peru, Portugal, South Africa, Switzerland, Tunisia, United Arab Emirates.

171. Germany and the United Kingdom. The latter Government noted that it would support, at the most, a general discussion.

172. Netherlands.

173. Canada, China, Colombia, Cyprus, Czech Republic, Japan, Latvia, Panama, Portugal, South Africa, Switzerland, United Arab Emirates.

174. Antigua and Barbuda, Botswana, El Salvador, Lebanon, Lithuania, Tunisia.

175. Canada, Japan, South Africa. The Government of Japan specified that this item should only be considered after the procedure for the follow-up on the Declaration had been determined and implemented to a certain extent.

176. Antigua and Barbuda, Australia, Botswana, Brazil, China, Colombia, Czech Republic, Lebanon, Lithuania, Netherlands, Portugal, South Africa, Switzerland, United Arab Emirates, United Kingdom.

177. Canada.

178. Germany, Japan.

179. Final report of the Working Party on International Labour Standards, in Official Bulletin, Vol. LXX, 1987, Series A, Appendix II.

180. Germany.

181. Mauritius.

182. Mauritius.

183. Management of alcohol- and drug-related issues in the workplace", an ILO code of practice, Geneva, ILO, 1996.

184. Antigua and Barbuda, Bahrain, Botswana, China, Colombia, Japan, New Zealand, Portugal, Russian Federation, South Africa, Switzerland, Tunisia, United Kingdom.

185. Canada, Germany.

186. Denmark, Lebanon, Netherlands.

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