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NINTH ITEM ON THE AGENDA

Standard-setting policy: Ratification and
promotion of fundamental ILO Conventions

Introduction

1. Since the 264th Session (November 1995) of the Governing Body, the Committee has examined, at its March sessions, a document relating to the ratification and promotion of fundamental ILO Conventions. In March 1997 a number of Committee members, the Worker members in particular, asked the Office to develop further its technical assistance in connection with the promotion and ratification of these Conventions.⁽¹⁾  The Director-General thus submitted, at the 270th Session of the Governing Body (November 1997), a document on the technical assistance provided by the Office to member States in connection with the promotion and ratification of fundamental Conventions.⁽²⁾ 

2. That document enumerated obstacles to ratification invoked by member States, identifying four principal categories which often appear in combination: non-conformity of national legislation and practice with the provisions of fundamental Conventions; the political, economic and social situation; the rigidity of certain ILO instruments; and the lengthy and cumbersome nature of national ratification procedures. The document further examined the technical assistance countries had requested from the ILO in connection with the promotion and ratification of fundamental ILO standards. It identified two categories of assistance requested: legal assistance and technical advisory services, and activities aimed at promoting fundamental ILO Conventions. These can give rise to a third form of assistance, namely the development and implementation of technical cooperation projects. A summary table of the technical assistance provided by the ILO to member States in relation to the promotion and ratification of fundamental ILO Conventions covering the period May 1995-October 1997 was attached.

3. Since the Committee expressed its satisfaction with the progress achieved as regards the ratification of fundamental ILO Conventions and welcomed the clear and positive impact of the ratification campaign in this respect,⁽³⁾  the Director-General considers it appropriate to submit a further document on this subject so as to continue to inform the Committee on the progress made. Considering the opinion expressed by the Committee that the objective of ratification remained effective application,⁽⁴⁾  the present document focuses on the manner in which the technical assistance provided helps to overcome obstacles to ratification and goes beyond helping countries overcome these obstacles by encompassing the application of ratified Conventions (Parts I and II). Some conclusions are drawn in Part III. A summary table of the technical assistance provided by the Office to member States and other constituents in conjunction with the campaign to promote and ratify fundamental Conventions, as well as of the ratifications that have taken place since October 1997, can be found in the Appendix. This table also provides a summary of the new information available to the Office on the ratification processes formally under way to date.⁽⁵⁾ 

4. It should be recalled that the technical assistance the ILO provides in respect of standards is not limited solely to unratified fundamental Conventions, but in fact extends to all international labour standards, a number of which relate to questions closely linked to basic human rights at the workplace.

The functioning and dynamics of technical assistance

Some considerations

5. It should be noted from the outset that the ratification of international instruments hinges on many factors and that, since it is usually a variety or a series of assistance activities undertaken that leads to the removal of obstacles to ratification, it is often a difficult task to ascertain the exact effect technical assistance has in this regard. In addition, ratification depends on the opinions and actions of many actors who, ideally, have to come to a consensus on the necessity of ratification. This is true in particular for international labour standards, the acceptance of which depends on consensus among tripartite partners. Ultimately, of course, ratification is the sovereign act of an independent State and technical assistance can only help to remove obstacles to ratification should the country wish to move ahead. The ILO's tripartite structure ensures that dialogue in this respect is possible. It should also be noted that, since ratification and implementation is a process rather than a single act, technical assistance is often provided at different intervals with the aim of furthering this process.

6. A rough division can also be made between the function of the two types of assistance identified in the previous document (legal assistance and technical advisory services, and activities aimed at promoting fundamental ILO Conventions). The link between activities that seek to increase awareness of the Director-General's initiative in this respect and to encourage countries to review their position towards ratifying all the fundamental Conventions, and the removal of obstacles to ratification invoked by member States, is not as direct as the link between activities carried out in the areas of legal assistance and technical advisory services. It is in the latter framework that the provisions of the fundamental Conventions are clarified, the conformity of national legislation with the fundamental Conventions is examined, and activities related to legislative revision are undertaken to remove the obstacles to ratification invoked by member States. Similarly, the link between activities aimed at promoting fundamental Conventions and application of the provisions of these Conventions is not as direct as that between the provision of legal assistance and technical advisory services and their application. However, both forms of assistance go hand in hand and play an equally important role in furthering the process of ratification and application of fundamental Conventions.

Some illustrations

7. A good illustration of how the different kinds of assistance complement and reinforce each other can be found in East Africa. Two subregional seminars were organized (October 1997 and September 1998) bringing together tripartite constituents from Kenya, the United Republic of Tanzania and Uganda, with the aim of promoting ratification of Convention No. 87. These meetings were used to discuss the contents of the Convention, to identify both legal and practical obstacles to ratification in those countries and, at the second seminar, to discuss progress made towards ratification. After the first seminar, all three countries undertook legislative reforms and/or implemented other measures, with the assistance of the ILO Area Office in Dar es Salaam, the multidisciplinary advisory team in Addis Ababa, and the Labour Law and Labour Relations and Freedom of Association Branches at headquarters, aimed at removing obstacles to ratification. In Kenya, certain provisions contrary to the Convention have already been repealed and other proposals await approval by the Attorney-General. In the United Republic of Tanzania, a draft Trade Union Bill is under discussion in Parliament. In Uganda, a special ministerial commission has been set up to prepare ratification of the Convention. Thus, through a combination of activities aimed at the promotion of Convention No. 87 and legal assistance and technical advisory services provided, the prospects for ratification of the Convention by the three countries have greatly improved. At the same time, since some of the legislation contrary to the Convention has already been repealed or amended in the respective countries, improved application of the Convention is already taking place even though it has not yet been ratified.

8. In the example described above, the obstacle to ratification is non-conformity of national legislation and practice with the provisions of a fundamental Convention. In this case, on request, the Office provides assistance prior to ratification in harmonizing national legislation with the provisions of the Convention, thus improving the application of a Convention prior to ratification. The case of the ratification of Convention No. 111 by Sri Lanka illustrates a different scenario. In order to promote the Convention's ratification, a national tripartite workshop was held in September 1997 to examine the Convention in detail, with the assistance of the Equality and Human Rights Coordination Branch. The workshop found that national law and practice was not entirely in conformity with the Convention. However, participants felt that, considering that the laws not in conformity were very old and obsolete in the present context, a decision to ratify should immediately be followed up by repealing the offending provisions of the law. Since then, the Cabinet of Ministers has approved ratification, while the Office continues providing assistance in clarifying certain matters. Thus, if ratification takes place shortly, application of the Convention will improve after its ratification when the laws concerned are repealed.

9. Within the framework of a technical cooperation project, the functioning of the International Programme on the Elimination of Child Labour (IPEC) illustrates how the different forms of assistance interact and mutually reinforce one another. During the period under consideration, IPEC has provided information on the contents and functioning of Convention No. 138 at a substantial number of international and regional conferences on child labour which are attended by governments that participate in IPEC, governments that do not participate, and donors that fund IPEC. Both within and outside IPEC, legal assistance was provided with regard to draft legislation dealing with child labour (Indonesia, South Africa) or issues that form obstacles to ratification (United Kingdom). Through its technical cooperation activities in countries that participate in IPEC,⁽⁶⁾  ratification of Convention No. 138 is promoted further. At the same time, these activities can be regarded as a way of improving application of the Convention, regardless of whether or not they take place in a country that has ratified the Convention. Another technical cooperation programme that functions to facilitate ratification as well as to further the application of Convention No. 138 is the Statistical Information and Monitoring Programme on Child Labour (SIMPOC). The Governments of both Belize and Trinidad and Tobago have indicated that they would consider ratification of Convention No. 138 following an assessment of the child labour situation in their respective countries. Thus, partly through the assistance provided, whether combined or separate, Convention No. 138 has received 17 new ratifications since the launch of the ratification campaign, of which four are by countries that participate in IPEC.⁽⁷⁾ 

Conclusions and recommendations

10. The considerations and practical examples put forward with regard to the functioning and dynamics of technical assistance provided by the Office within the framework of the Director-General's ratification campaign illustrate that, although the assistance provided by the Office in this regard is aimed primarily at fulfilling the initial objective of the campaign -- ensuring universal ratification of all seven fundamental Conventions -- it also contributes to meeting the underlying objective of the campaign, which is universal application of these Conventions.

11. A review of the technical assistance provided by the Office to member States in connection with the ratification of the fundamental Conventions shows that this assistance not only results in an increase in the number of ratifications registered for the fundamental Conventions, but often also functions as a means of improving application of their provisions, either before or after ratification. It appears that the impetus provided by the launch of the campaign in May 1995 has been consolidated through an increase in the technical assistance provided by the Office to various countries to help them overcome obstacles to ratification, and has thus decisively determined the success of the campaign. Since the beginning of the campaign the ILO has registered 94 new ratifications and confirmations of previous obligations concerning fundamental Conventions, and many countries are currently involved in formal ratification procedures or are in the process of examining or re-examining the appropriateness of ratifying those of the Organization's seven core Conventions that they have not yet ratified. The Office will continue to provide those countries with the technical assistance they request, as well as developing further initiatives to promote the ratification and implementation of the fundamental Conventions, in the context of the ILO Declaration on Fundamental Principles and Rights at Work and its Follow-up, adopted by the International Labour Conference at its 86th Session (Geneva, June 1998) aiming at universal respect for and promotion and realization of the principles concerning the fundamental rights which are the subject of these Conventions.⁽⁸⁾ 

12. While the present paper attempts to provide as detailed a picture as possible of the technical assistance and advice provided in this connection in the last year, this can only be regarded as a partial presentation of the many related activities carried out on a day-to-day basis throughout the Office.

Geneva, 13 October 1998.

Appendix

Technical assistance provided by the ILO to
member States ⁽⁹⁾   for the promotion and
ratification of the ILO's fundamental Conventions
(November 1997-November 1998)
 

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

Explanation of symbols in the table
 

IPEC	International Programme on the Elimination of Child Labour
SIMPOC	Statistical Information and Monitoring Programme on Child Labour

 

Country (French alphabetical order)	Technical assistance				Ratification (ratifications registered, ratification procedure initiated or ratification announced by the Government)
	Legal assistance	Promotion Information Training	Technical cooperation
Afghanistan					C.138 -- no statement, ratification pending
South Africa	X		IPEC/SIMPOC
Albania			IPEC		C.138 -- ratified*
Angola					C.87 -- ratification procedure initiated
Antigua and Barbuda	X	X			C.100 -- ratification procedure initiated
Saudi Arabia	X
Armenia
Australia		X
Austria
Azerbaijan
Bahamas	X	X
Bahrain	X	X			C.105, 111, 138 -- ratification procedure initiated
Bangladesh	X	X	IPEC		C.100 -- ratified
Barbados		X			C.138 -- ratification procedure initiated
Belize		X	SIMPOC		C.100, 111 -- ratification procedure initiated
Benin	X	X	IPEC		C.138 -- ratification procedure initiated
Bolivia		X	IPEC
Bosnia and Herzegovina					C.105 -- ratification procedure initiated
Botswana	X	X			C.87, 98 -- ratified*
Brazil	X		IPEC
Bulgaria
Burkina Faso	X	X			C.138 -- no statement
Burundi					C.98 -- ratified
Cambodia	X	X	IPEC	X	C.87,98,100,105,111,138 -- ratification procedure initiated
Cameroon					C.138 -- ratification procedure initiated
Canada
Cape Verde					C.87 -- ratification procedure initiated
Central African Republic					C.138 -- ratification procedure initiated
Chile	X	X			C.105,138 -- ratification procedure initiated C.87,98 -- ratification rejected by Parliament
China	X	X			C.138 -- ratification procedure initiated
Cyprus					C.138 -- ratified*
Colombia			IPEC		C.138 -- ratification procedure initiated
Comoros		X
Congo			IPEC		C.98,100,105,111,138 -- ratification procedure initiated
Korea, Rep. of	X	X			C.100 -- ratified C.29 -- ratification under consideration
Côte d'Ivoire	X	X			C.138 -- ratification procedure initiated
Denmark					C.138 -- ratified*
Djibouti		X
Dominican Rep.			IPEC		C.138 -- ratification procedure initiated
Egypt	X	X	IPEC
El Salvador		X	IPEC
United Arab Emirates					C.138 -- no statement
Ecuador	X		IPEC
Eritrea
Estonia	X	X	X		C.111 -- ratification procedure initiated
United States	X				C.111 -- ratification procedure initiated
Ethiopia	X	X	X		C. 100, 105 -- ratification procedure initiated C.138 -- ratification rejected by Parliament
The former Yugoslav Rep. of Macedonia
Fiji		X
Gabon					C.138 -- ratification procedure initiated
Gambia		X
Georgia
Ghana		X
Grenada	X	X
Guinea		X
Guinea-Bissau		X			C.87 -- ratification procedure initiated
Equatorial Guinea					C.29, 87, 98, 105, 111 -- ratification procedure initiated
Guyana		X			C.138 -- ratified*
Haiti	X
Hungary			X		C.138 -- no statement
Solomon Islands		X
India	X	X	IPEC		C.105 -- ratification procedure initiated
Indonesia	X	X	IPEC		C.87 -- ratified C.138 -- ratification procedure initiated
Iran, Islamic Rep. of		X
Iraq
Ireland
Iceland
Jamaica	X	X			C.138 -- ratification procedure initiated
Japan
Jordan					C.138 -- ratified
Kazahkstan					C.29, 87,105 -- ratification procedure initiated
Kenya	X	X	IPEC		C.138 -- ratification procedure initiated
Kyrgyzstan		X			C.105 -- ratification procedure initiated
Kuwait	X	X			C.138 -- ratification procedure initiated
Lao People's Democratic Rep.	X	X			C.87, 98 -- ratification under consideration
Lesotho					C.100, 111 -- ratified
Latvia
Lebanon
Liberia
Libyan Arab Jamahiriya
Lithuania					C.138 -- ratified*
Luxembourg		X			C.111 -- ratification procedure initiated
Madagascar	X	X	IPEC		C.98 -- ratified
Malaysia	X	X
Malawi	X
Mali			IPEC
Morocco	X	X			C.87, 138 -- ratification procedure initiated
Mauritius	X
Mauritania		X
Mexico	X	X
Moldova, Rep. of
Mongolia					C.29, 105,138 -- ratification procedure initiated
Mozambique		X			C.29, 138 -- ratification procedure initiated
Myanmar
Namibia			X		C. 100, 111 -- ratification procedure initiated
Nepal	X	X	IPEC
Nigeria		X
New Zealand		X
Oman	X
Uganda	X	X			C.105 -- ratified C.87 -- ratification procedure initiated
Uzbekistan					C.105 -- ratified
Pakistan		X	IPEC	X
Panama			IPEC
Papua New Guinea		X			C.87, 100, 111, 138 -- ratification procedure initiated
Paraguay	X	X	IPEC
Peru		X	IPEC
Philippines	X	X	IPEC		C.138 -- ratified
Portugal					C.138 -- no statement
Qatar					C.138 -- ratification procedure initiated
Romania					C.105 -- ratified*
United Kingdom	X
Russian Federation	X				C.105 -- ratified
Rwanda
Saint Kitts and Nevis	X
Saint Lucia		X
Saint Vincent and the Grenadines	X				C.29, 87, 98, 105 -- ratification procedure initiated
Sao Tome and Principe					C.138 -- no statement, ratification pending
Senegal		X	IPEC		C.138 -- ratification procedure initiated
Seychelles		X			C.98, 100, 111, 138 -- ratification procedure initiated
Sierra Leone
Singapore		X
Slovakia					C.105, 138 -- ratified
Slovenia					C.105 -- ratified
Somalia
Sudan
Sri Lanka		X	IPEC		C.111, 138 -- ratification procedure initiated
Switzerland					C.98 -- ratification procedure initiated
Suriname	X		X		C.138 -- ratification procedure initiated
Swaziland
Syrian Arab Republic
Tajikistan
Tanzania, United Republic of	X	X	IPEC		C.138 -- no statement C.87 -- ratification procedure initiated
Chad					C.138 -- ratification procedure initiated
Czech Republic
Thailand	X	X	IPEC		C.100 -- ratification procedure initiated
Togo	X	X			C.105 -- ratification procedure initiated
Trinidad and Tobago	X		SIMPOC		C.138 -- ratification procedure initiated
Turkmenistan		X			C.138 -- no statement, ratification pending
Turkey			IPEC		C.29, 138 -- ratification procedure initiated
Ukraine		X	X
Viet Nam		X			C.100, 111 -- ratified
Yemen	X
Yugoslavia **
Democratic Republic of the Congo
Zimbabwe		X			C.29, 105, 98 -- ratified C. 87, 111 -- ratification procedure initiated
* This country has now ratified all the fundamental Conventions. ** This concerns the former Socialist Federal Republic of Yugoslavia since, pursuant to decisions taken by the Governing Body in line with the respective United Nations resolutions, no State is recognized as the continuation of this Member.

1. GB.268/8/2, paras. 56-75.

2. GB.270/LILS/5.

3. GB.270/9/2, paras. 24-56.

4. ibid., paras. 30, 32, 37 and 46.

5. The Office will submit to the 274th Session (March 1999) of the Governing Body, as it does every March, a document on the ratification prospects of fundamental Conventions as indicated by governments.

6. Argentina, Bangladesh, Benin, Bolivia, Brazil, Cambodia, Chile, Costa Rica, Dominican Republic, Egypt, Ecuador, El Salvador, Guatemala, Honduras, India, Indonesia, Kenya, Madagascar, Mali, Nepal, Nicaragua, Pakistan, Panama, Paraguay, Peru, Philippines, Senegal, South Africa, Sri Lanka, United Republic of Tanzania, Thailand, Turkey and Venezuela.

7. It should also be noted here that the Office has received eight communications that it has been unable to register as formal ratifications since the Declaration specifying a minimum age for admission to employment or work as required by Article 2 of the Convention was not appended.

8. GB.273/3.

9. The following countries are not included in the table, as they have ratified all the ILO's fundamental Conventions: Albania, Algeria, Argentina, Belarus, Belgium, Botswana, Costa Rica, Croatia, Cuba, Cyprus, Denmark, Dominica, Finland, France, Germany, Greece, Guatemala, Guyana, Honduras, Israel, Italy, Lithuania, Malta, Nicaragua, Niger, Norway, Netherlands, Philippines, Poland, Romania, Russian Federation, San Marino, Slovakia, Slovenia, Spain, Sweden, Tunisia, Uruguay, Venezuela and Zambia. However, this does not mean that they have not received ILO technical assistance, but simply that such assistance has focused on the application of the ratified Conventions.