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GB.273/LILS/7
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Committee on Legal Issues and International Labour Standards |
LILS |
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SEVENTH ITEM ON THE AGENDA
Choice of Conventions and Recommendations
on which reports should be requested in 2000
and 2001 under article 19 of the Constitution
1. The Committee is called upon to make proposals to the Governing Body regarding the choice of Conventions and Recommendations on which governments might be requested to supply reports under article 19, paragraphs 5(e), 6(d) and 7(b), of the Constitution. These provisions require member States to report "at appropriate intervals, as requested by the Governing Body" on non-ratified Conventions and on Recommendations, indicating in their reports the extent to which effect has been given or is proposed to be given to those instruments. The practice followed by the Governing Body is to select instruments for article 19 reporting for two consecutive years. Therefore, this document contains the choice of instruments for reporting in 2000 and 2001.
2. This procedure enables the Committee of Experts on the Application of Conventions and Recommendations to carry out general surveys of the effect given to the selected instruments in all member States. These studies cover national law and practice as well as the reasons which prevent or delay the application of the Recommendations or ratification of the Conventions. The general surveys (Report III, Part 1B) form the subject of a general discussion in the Conference Committee on the Application of Standards.
3. At its 264th Session, the Governing Body decided that the special procedure already in force for the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), would be extended to the six other Conventions concerning human rights. Without prejudice to the reports submitted under article 19 for general surveys, reports on obstacles to ratification have accordingly been requested for the Conventions on forced labour (Conventions Nos. 29 and 105) in 1997, and on the right to organize and collective bargaining (Conventions Nos. 87 and 98) in 1998. It was planned to request reports on the Conventions on discrimination (Conventions Nos. 100 and 111) in 1999, and on child labour (Convention No. 138) in 2000.(1) However, at its 86th Session, in June 1998, when it adopted the ILO Declaration on Fundamental Principles and Rights at Work and its follow-up, the International Labour Conference decided that the annual review of non-ratified fundamental Conventions based on the reports requested under article 19(5)(e) of the Constitution would replace the system of four-yearly reports established by the Governing Body in 1995.(2) The Governing Body is therefore invited to decide on the timetable for the establishment of the follow-up of the Declaration at this session.(3)
4. In addition, it should be recalled that, since 1995, the Working Party on Policy regarding the revision of Standards has proceeded with its examination of ILO Conventions adopted before 1985.(4) As a result of that examination, the Governing Body has decided, in the case of 17 Conventions, that additional information should be requested from constituents in order to be able to evaluate more precisely the need for the revision of these instruments.(5)
5. Concerning eight of these 17 Conventions, the Governing Body has decided to invite member States to provide reports under article 19 of the Constitution and to ask the Committee of Experts to carry out a general survey based on those reports. Of these, the Governing Body has already requested a General Survey concerning the Migration for Employment Convention (Revised), 1949 (No. 97), and the Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143), which will be submitted to the International Labour Conference in 1999.
6. With respect to the following Conventions, the time for carrying out a General Survey remains to be determined:
Hours of work:
Hours of Work (Industry) Convention, 1919 (No. 1);
Hours of Work (Commerce and Offices) Convention, 1930 (No. 30).
Night work of women:
Night Work (Women) Convention, 1919 (No. 4);
Night Work (Women) Convention (Revised), 1934 (No. 41);
Night Work (Women) Convention (Revised), 1948 [and Protocol, 1990] (No. 89).
Dockers:
Dock Work Convention, 1973 (No. 137).
7. To date, the Committee has generally based its choice on certain criteria established by the Governing Body from its past experience:
- the number of instruments selected is not too great, so as to avoid placing an undue burden on the national administrations responsible for drawing up the reports, or on the ILO supervisory bodies. The Conventions and Recommendations selected are grouped by subject-matter;
- the subjects chosen are of current interest. The reports and their examination by the supervisory bodies may thus be useful in drawing up the ILO's programme of work, including the possible adoption of new or revised standards. They also make it possible to assess the effectiveness and current value of the instruments being reported on. Finally, the reports give national administrations and governments an opportunity to review their policies and to institute other measures in the fields covered by the instruments, as well as carrying out new ratifications where appropriate.
8. The appendices to this paper list the instruments on which the Governing Body has decided that reports should be requested under article 19 of the Constitution since 1949, as well as a list by subject-matter.
9. In the light of the foregoing and of an exchange of views in the Committee, the Committee may wish to recommend that the Governing Body request governments to submit reports under article 19 of the Constitution on the following instruments:
in 2000:
the Hours of Work (Industry) Convention, 1919 (No. 1), and the Hours of Work (Commerce and Offices) Convention, 1930 (No. 30);
or
the Night Work (Women) Convention, 1919 (No. 4), the Night Work (Women) Convention (Revised), 1934 (No. 41), and the Night Work (Women) Convention (Revised), 1948 (No. 89), and Protocol, 1990;
in 2001:
the instruments not chosen for 2000;
or
the Dock Work Convention (No. 137) and Recommendation (No. 145), 1973.
Geneva, 5 October 1998.
Point for decision:
Paragraph 9.
Appendix I
List of Conventions and Recommendations on which
the Governing Body has decided that reports
should be requested from governments
under article 19 of the Constitution
1949
C. 29 Forced Labour, 1930
C. 68 Food and Catering (Ships' Crews), 1946
C. 69 Certification of Ships' Cooks, 1946
C. 71 Seafarers' Pensions, 1946
C.73 Medical Examination (Seafarers), 1946
C. 74 Certification of Able Seamen, 1946
R. 35 Forced Labour (Indirect Compulsion), 1930
R. 36 Forced Labour (Regulation), 1930
R. 67 Income Security, 1944
R. 68 Social Security (Armed Forces), 1944
R. 69 Medical Care, 1944
R. 77 Vocational Training (Seafarers), 1946
1950
C. 32 Protection against Accidents (Dockers) (Revised), 1932
C. 81 Labour Inspection, 1947
C. 85 Labour Inspectorates (Non-Metropolitan Territories), 1947
R. 40 Protection against Accidents (Dockers) Reciprocity, 1932
R. 57 Vocational Training, 1939
R. 60 Apprenticeship, 1939
R. 81 Labour Inspection, 1947
R. 82 Labour Inspection (Mining and Transport), 1947
1951
C. 44 Unemployment Provision, 1934
C. 88 Employment Service, 1948
R.44 Unemployment Provision, 1934
R. 45 Unemployment (Young Persons), 1935
R. 51 Public Works (National Planning), 1937
R. 71 Employment (Transition from War to Peace), 1944
R. 73 Public Works (National Planning), 1944
R. 83 Employment Service, 1948
1952
C. 87 Freedom of Association and Protection of the Right to Organise, 1948
C. 84 Right of Association (Non-Metropolitan Territories), 1947
C. 97 Migration for Employment (Revised), 1949
R. 86 Migration for Employment (Revised), 1949
1953
C. 94 Labour Clauses (Public Contracts), 1949
C. 95 Protection of Wages, 1949
R. 84 Labour Clauses (Public Contracts), 1949
R. 85 Protection of Wages, 1949
1954
C. 60 Minimum Age (Non-Industrial Employment) (Revised), 1937
C. 78 Medical Examination of Young Persons (Non-Industrial Occupations), 1946
C. 79 Night Work of Young Persons (Non-Industrial Occupations), 1946
R. 79 Medical Examination of Young Persons, 1946
R. 80 Night Work of Young Persons (Non-Industrial Occupations), 1946
1955
C. 98 Right to Organise and Collective Bargaining, 1949
R. 91 Collective Agreements, 1951
C. 100 Equal Remuneration, 1951
R. 90 Equal Remuneration, 1951
1956
C. 81 Labour Inspection, 1947
R. 81 Labour Inspection, 1947
R. 82 Labour Inspection (Mining and Transport), 1947
C. 87 Freedom of Association and Protection of the Right to Organise, 1948
1957
C. 26 Minimum Wage-Fixing Machinery, 1928
R. 30 Minimum Wage-Fixing Machinery, 1928
C. 99 Minimum Wage Fixing Machinery (Agriculture), 1951
R. 89 Minimum Wage-Fixing Machinery (Agriculture), 1951
1958
C. 84 Right of Association (Non-Metropolitan Territories), 1947
C. 87 Freedom of Association and Protection of the Right to Organise, 1948
C. 98 Right to Organise and Collective Bargaining, 1949
R. 91 Collective Agreements, 1951
R. 94 Co-operation at the Level of the Undertaking, 1952
1959
C. 5 Minimum Age (Industry), 1919
C. 59 Minimum Age (Industry) (Revised), 1937
C. 6 Night Work of Young Persons (Industry), 1919
C. 90 Night Work of Young Persons (Industry) (Revised), 1948
C. 77 Medical Examination of Young Persons (Industry), 1946
1960
C. 102 Social Security (Minimum Standards), 1952
(Reports were also requested under Article 76 of the Convention)
1961
C. 29 Forced Labour, 1930
C. 105 Abolition of Forced Labour, 1957
R. 35 Forced Labour (Indirect Compulsion), 1930
R. 36 Forced Labour (Regulation), 1930
1962
C. 111 Discrimination (Employment and Occupation), 1958
R. 111 Discrimination (Employment and Occupation), 1958
1963
C. 52 Holidays with Pay, 1936
C. 101 Holidays with Pay (Agriculture), 1952
R. 47 Holidays with Pay, 1936
R. 98 Holidays with Pay, 1954
C. 14 Weekly Rest (Industry), 1921
C. 106 Weekly Rest (Commerce and Offices), 1957
R. 103 Weekly Rest (Commerce and Offices), 1957
1964
C. 3 Maternity Protection, 1919
C. 103 Maternity Protection (Revised), 1952
R. 12 Maternity Protection (Agriculture), 1921
R. 95 Maternity Protection, 1952
1965
C. 81 Labour Inspection, 1947
R. 81 Labour Inspection, 1947
R. 82 Labour Inspection (Mining and Transport), 1947
1966
C. 1 Hours of Work (Industry), 1919
C. 30 Hours of Work (Commerce and Offices), 1930
C. 47 Forty-Hour Week, 1935
R. 116 Reduction of Hours of Work, 1962
1967
C. 29 Forced Labour, 1930
C. 105 Abolition of Forced Labour, 1957
1968
17 key Conventions
1969
R. 97 Protection of Workers' Health, 1953
R. 102 Welfare Facilities, 1956
R. 112 Occupational Health Services, 1959
R. 115 Workers' Housing, 1961
1970
C. 111 Discrimination (Employment and Occupation), 1958
R. 111 Discrimination (Employment and Occupation), 1958
1971
C. 122 Employment Policy, 1964
R. 122 Employment Policy, 1964
R. 107 Seafarers' Engagement (Foreign Vessels), 1958
R. 108 Social Conditions and Safety (Seafarers), 1958
1972
C. 87 Freedom of Association and Protection of the Right to Organise, 1948
C. 98 Right to Organise and Collective Bargaining, 1949
1973
R. 119 Termination of Employment, 1963
1974
C. 100 Equal Remuneration, 1951
R. 90 Equal Remuneration, 1951
1975
R. 113 Consultation (Industrial and National Levels), 1960
1976
C. 118 Equality of Treatment (Social Security), 1962
1977
R. 123 Employment (Women with Family Responsibilities), 1965
1978
C. 29 Forced Labour, 1930
C. 105 Abolition of Forced Labour, 1957
1979
C. 97 Migration for Employment (Revised), 1949
C. 143 Migrant Workers (Supplementary Provisions), 1975
R. 86 Migration for Employment (Revised), 1949
R. 151 Migrant Workers, 1975
1980
C. 138 Minimum Age, 1973
R. 146 Minimum Age, 1973
1981
C. 144 Tripartite Consultation (International Labour Standards), 1976
R. 152 Tripartite Consultation (Activities of the International Labour Organisation), 1976
1982
C. 87 Freedom of Association and Protection of the Right to Organise, 1948
C. 98 Right to Organise and Collective Bargaining, 1949
C. 141 Rural Workers' Organisations, 1975
R. 149 Rural Workers' Organisations, 1975
1983
C. 14 Weekly Rest (Industry), 1921
C. 106 Weekly Rest (Commerce and Offices), 1957
C. 132 Holidays with Pay (Revised), 1970
R. 116 Reduction of Hours of Work, 1962
1984
C. 81 Labour Inspection, 1947
C. 129 Labour Inspection (Agriculture), 1969
R. 81 Labour Inspection, 1947
R. 82 Labour Inspection (Mining and Transport), 1947
1985
C. 100 Equal Remuneration, 1951
R. 90 Equal Remuneration, 1951
1986
C. 119 Guarding of Machinery, 1963
R. 118 Guarding of Machinery, 1963
C. 148 Working Environment (Air Pollution, Noise and Vibration), 1977
R. 156 Working Environment (Air Pollution, Noise and Vibration), 1977
1987
C. 111 Discrimination (Employment and Occupation), 1958
R. 111 Discrimination (Employment and Occupation), 1958
1988
C. 102 Social Security (Minimum Standards), 1952
C. 128 Invalidity, Old-Age and Survivors' Benefits, 1967
R. 131 Invalidity, Old-Age and Survivors' Benefits, 1967
(All in so far as they apply to old-age benefit.)
1989
C. 147 Merchant Shipping (Minimum Standards), 1976
R. 155 Merchant Shipping (Improvement of Standards), 1976
1990
C. 140 Paid Educational Leave, 1974
R. 148 Paid Educational Leave, 1974
C. 142 Human Resources Development, 1975
R. 150 Human Resources Development, 1975
1991
C. 26 Minimum Wage-Fixing Machinery, 1928
R. 30 Minimum Wage-Fixing Machinery, 1928
C. 99 Minimum Wage Fixing Machinery (Agriculture), 1951
R. 89 Minimum Wage-Fixing Machinery (Agriculture), 1951
C. 131 Minimum Wage Fixing, 1970
R. 135 Minimum Wage Fixing, 1970
1992
C. 156 Workers with Family Responsibilities, 1981
R. 165 Workers with Family Responsibilities, 1981
1993
C. 87 Freedom of Association and Protection of the Right to Organise, 1948
C. 98 Right to Organise and Collective Bargaining, 1949
1994
C. 158 Termination of Employment, 1982
R. 166 Termination of Employment, 1982
1995
C. 111 Discrimination (Employment and Occupation), 1958
(Special Survey)
1996
C. 150 Labour Administration, 1978
R. 158 Labour Administration, 1978
1997
C. 159 Vocational Rehabilitation and Employment (Disabled Persons), 1983
1998
C.97 Migration for Employment (Revised), 1949
R.86 Migration for Employment (Revised), 1949
C.143 Migrant Workers (Supplementary Provisions), 1975
R.151 Migrant Workers, 1975
1999
C.144 Tripartite Consultation (International Labour Standards), 1976
R.152 Tripartite Consultation (Activities of the International Labour Organization), 1976
Appendix II
General subject areas covered by article 19 surveys
as set out in the Classified Guide to
International Labour Standards
I. Basic human rights
A. Freedom of association
1993: Conventions Nos. 87 and 98
1982: Conventions Nos. 87, 98 and 141 and Recommendation No. 149
1972: Conventions Nos. 87 and 98
1958: Conventions Nos. 84, 87 and 98
1955: Convention No. 98
1952: Convention No. 87
B. Forced labour
1978: Conventions Nos. 29 and 105
1967: Conventions Nos. 29 and 105
1961: Conventions Nos. 29 and 105 and Recommendations Nos. 35 and 36
1949: Convention No. 29 and Recommendations Nos. 35 and 36
C. Equality of opportunity and treatment
1995: Convention No. 111 (Special Survey)
1992: Convention No. 156 and Recommendation No. 165
1987: Convention and Recommendation No. 111
1985: Convention No. 100 and Recommendation No. 90
1974: Convention No. 100 and Recommendation No. 90
1970: Convention and Recommendation No. 111
1962: Convention and Recommendation No. 111
1955: Convention No. 100 and Recommendation No. 90
D. Child labour
1980: Convention No. 138 and Recommendation No. 146
II. Employment
A. Employment policy
1977: Recommendation No. 123
1971: Convention and Recommendation No. 122 and Recommendations Nos. 107 and 108
B. Employment services and agencies
1951: Convention No. 88 and Recommendation No. 83
C. Vocational guidance and training
1990: Conventions Nos. 140 and 142 and Recommendations Nos. 148 and 150
1950: Recommendations Nos. 57 and 60.
D. Rehabilitation and employment of disabled persons
1997: Convention No. 159 and Recommendation No. 168
E. Employment security
1994: Convention No. 158 and Recommendation No. 166
1973: Recommendation No. 119
III. Social policy
None
IV. Labour administration
1999: Convention No. 144 and Recommendation No. 152
1996: Convention No. 150 and Recommendation No. 158
1984: Conventions Nos. 81 and 129 and Recommendations Nos. 81 and 82
1981: Convention No. 144 and Recommendation No. 152
1965: Convention No. 81 and Recommendations Nos. 81 and 82
1956: Convention No. 81 and Recommendations Nos. 81 and 82
1950: Conventions Nos. 81 and 85 and Recommendations Nos. 81 and 82
V. Industrial relations
1975: Recommendation No. 113
1958: Recommendations Nos. 91 and 94
1955: Recommendation No. 91
VI. Conditions of work
A. Wages
1991: Conventions Nos. 26, 99 and 131 and Recommendations Nos. 30, 89 and 135
1957: Conventions Nos. 26 and 99 and Recommendations Nos. 30 and 89
1953: Conventions Nos. 94 and 95 and Recommendations Nos. 84 and 85
B. General conditions of employment
1983: Conventions Nos. 14, 106 and 132 and Recommendation No. 116
1966: Conventions Nos. 1, 30 and 47 and Recommendation No. 116
1963: Conventions Nos. 14, 52 and 106 and Recommendations Nos. 47, 98 and 103
C. Occupational safety and health
1986: Conventions Nos. 119 and 148 and Recommendations Nos. 118 and 156
1969: Recommendations Nos. 97, 102, 112 and 115
VII. Social security (various categories)
1988: Convention No. 102 (Part V)
1976: Convention No. 118
1964: Conventions Nos. 3 and 103 and Recommendations Nos. 12 and 95
1960: Convention No. 102
1951: Convention and Recommendation No. 44
1949: Recommendations Nos. 67 to 69
VIII. Employment of women
1964: Conventions Nos. 3 and 103 and Recommendations Nos. 12 and 95
IX. Employment of children and young persons
1980: Convention No. 138 and Recommendation No. 146
1959: Conventions Nos. 5, 6, 59, 77 and 90
1954: Conventions Nos. 60, 78 and 79 and Recommendations Nos. 79 and 80
X. Older workers
None
XI. Migrant workers
1998: Conventions Nos. 97 and 143 and Recommendations Nos. 86 and 151
1979: Conventions Nos. 97 and 143 and Recommendations Nos. 86 and 151
1952: Convention No. 97 and Recommendation No. 86
XII. Indigenous and tribal peoples, and workers
in non-metropolitan territories
None
XIII. Particular occupational sectors
A. Seafarers
1989: Convention No. 147 and Recommendation No. 155
1949: Conventions Nos. 68, 69, 71, 73 and 74 and Recommendation No. 77
B. Fishermen
C. Inland boatmen
None
D. Dockworkers
1950: Convention No. 32 and Recommendation No. 40
E. Plantation workers
F. Tenants and sharecroppers
None
G. Nursing personnel
None
1. GB.264/9/2, para. 53.
2. International Labour Conference, Provisional Record No. 20A, 86th Session, Geneva, 1998.
3. GB.273/3.
4. For a summary of the decisions taken by the Working Party, updated through June 1998 and including references to relevant documents, see GB.273/LILS/WP/PRS/1.
5. The Working Party will at the present session of the Governing Body examine the need for revision of the Conventions concerning seafarers and fishermen (GB.273/WP/PRS/4).