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GB.273/LILS/WP/PRS/1
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Working Party on Policy regarding the Revision of Standards |
LILS/WP/PRS |
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FIRST ITEM ON THE AGENDA
Effect given to the recommendations of
the Working Party
Information note
1. In accordance with the request by the Working Party on Policy regarding the Revision of Standards, the Office is preparing and updating an information note addressed to all Office units, which reviews the decisions taken by the Governing Body with respect to the policy regarding the revision of standards. In March 1998, the Working Party expressed the hope that the examination of this information note could be placed as the first item on the agenda of each of its future meetings. The updated information note, which is appended, takes into account the decisions of the Governing Body up until its 271st Session (March 1998) inclusive. Furthermore, following a request by the Working Party, at the last session of the Conference the Office provided the Committee on the Application of Standards with a copy of the note, for information purposes.
Procedures for the withdrawal and abrogation
of obsolete Conventions
2. The Governing Body retained three Conventions as candidates for a possible abrogation.(1) This procedure can only be implemented after the entry into force of the 1997 instrument to amend the ILO Constitution which will enable the Conference to abrogate, by a majority of two-thirds of the votes of the delegates present, Conventions that it considers to be obsolete. By 15 September 1998, 14 member States had ratified or accepted this amendment.(2) On 31 August 1998 the Director-General sent a reminder to the governments of the member States inviting them, if they had not already done so, to take the necessary measures with a view to the ratification or the acceptance of the constitutional amendment, to permit its entry into force before the year 2000. A number of encouraging replies have already been received. Furthermore, the information note recalls that the Governing Body has decided to place on the agenda of the 88th Session of the Conference (2000) the withdrawal of five Conventions which have not entered into force.(3)
General Surveys
3. Taking up the recommendations of the Working Party, the Governing Body decided to invite the member States to provide reports under article 19 of the Constitution concerning eight Conventions.(4) Two of these, the Migration for Employment Convention (Revised), 1949 (No. 97), and the Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143), have already been the subject of such reports. The Committee of Experts has carried out a General Survey relating to these Conventions which will be submitted to the International Labour Conference in June 1999. During the current session, the Governing Body will be asked to decide which of the remaining six Conventions should be the subject of a General Survey.(5)
4. Lastly, as per its request, at its March 1999 meeting the Working Party will have before it a detailed document on the measures that have been taken to implement its recommendations, particularly as regards the promotion of the ratification of revised Conventions.
Geneva, 19 October 1998.
Appendix
Policy regarding the revision of standards:
Follow-up measures pursuant to Governing Body decisions
Information note addressed to all Office units
Contents
I. Conventions on fundamental rights at work and priority Conventions
III. Promotion of the ratification of revised Conventions
IV. Promotion of the ratification of up-to-date Conventions
V. Shelving, abrogation or prospects for withdrawal of Conventions
1. At its 262nd Session (March-April 1995), the Governing Body approved the setting up of a Working Party on Policy regarding the Revision of Standards.(6) This decision was taken following the discussions on standard-setting policy at the International Labour Conference in 1994. Since its creation, the Working Party has held six meetings (in November 1995, March and November 1996, March and November 1997 and March 1998). It has formulated a significant number of recommendations that have been unanimously approved by the Committee on Legal Issues and International Labour Standards (LILS Committee) and the Governing Body. This note reviews the decisions taken thus far by the Governing Body, in order to inform the technical and regional departments, the external offices and the multidisciplinary teams, and to guide them in the setting-up of follow-up measures that the Governing Body decisions require.
2. Until now, the Working Party has conducted individual examinations of 120 Conventions. Decisions have been taken by the Governing Body for 119 of these Conventions.(7) The Conventions thus examined have been arranged into five groups, for which the Governing Body recommends a certain range of actions, to be taken either by the Office or by member States.
I. Conventions on fundamental rights at work
and priority Conventions
3. In November 1995, the Governing Body confirmed the central role of 11 Conventions within the standards system. It considered that these Conventions remained fully relevant and up to date, and that there was no reason to contemplate their revision.
(a) Conventions on fundamental rights at work
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Subject-matter |
Conventions proposed for ratification |
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Freedom of association |
Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87)
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Forced labour |
Forced Labour Convention, 1930 (No. 29)
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Non-discrimination |
Equal Remuneration Convention, 1951 (No. 100)
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4. The Governing Body decision strengthens the essential role and function of these Conventions, as recognized by the Social Summit in Copenhagen (March 1995). It will be recalled that a ratification campaign is under way which is aimed at the universal ratification of these Conventions including the Minimum Age Convention, 1973 (No. 138).(8)
(b) Priority Conventions
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Subject-matter |
Conventions proposed for ratification |
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Employment policy |
Employment Policy Convention, 1964 (No. 122) |
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Labour inspection |
Labour Inspection Convention, 1947 (No. 81)
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Tripartite consultation |
Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) |
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5. The Governing Body decided in 1993(9) that detailed reports on the application of these Conventions be requested every two years by the regular supervisory bodies of the ILO.
A. Decisions to revise
6. Thus far, proposals for revision have been approved by the Governing Body with respect to 13 Conventions.
(a) Eleven proposals are final
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Subject-matter |
Conventions proposed for revision |
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Hours of work |
Hours of Work and Rest Periods (Road Transport) Convention, 1979 (No. 153) |
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Occupational safety and health |
White Lead (Painting) Convention, 1921 (No. 13)
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Maternity protection |
Maternity Protection Convention, 1919 (No. 3)
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Night work of children and young persons |
Night Work of Young Persons (Industry) Convention, 1919 (No. 6)
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7. The question of a revision of the instruments on maternity protection is already on the agenda of the Conference for 1999. The Working Party recommended that Convention No. 3 be taken into consideration in this context. In addition, the State parties to both Conventions Nos. 3 and 103 were invited to examine the possibility to denounce Convention No. 3.
(b) Two proposals are conditional
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Subject-matter |
Conventions proposed for revision |
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Hours of work |
Sheet-Glass Works Convention, 1934 (No. 43)
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8. The Working Party has recommended that these two Conventions be included among the Conventions that might be revised should the Working Party recommend a revision of other Conventions dealing with hours of work and working conditions of shift workers.
B. Requests for additional information
9. In the case of 17 Conventions, the Governing Body decided that additional information should be requested from the constituents in order to be able to evaluate more precisely the needs for revision of these instruments.
10. General Surveys. Concerning eight Conventions, the Governing Body decided to invite the member States to provide reports under article 19 of the Constitution and to ask the Committee of Experts to carry out a General Survey based on such reports.
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Subject-matter |
Conventions |
General Survey |
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Migrant workers |
Migration for Employment Convention (Revised), 1949 (No. 97)
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Requested for 1999 |
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Hours of work |
Hours of Work (Industry) Convention, 1919 (No. 1)
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Year to be determined |
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Night work of women |
Night Work (Women) Convention, 1919 (No. 4)
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Year to be determined |
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Dockers |
Dock Work Convention, 1973 (No. 137) |
Year to be determined |
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11. Short surveys. The Governing Body has requested the Office to undertake brief surveys concerning three Conventions.
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Subject-matter |
Conventions |
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Employment security |
Termination of Employment Convention, 1982 (No. 158) |
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Paid leave |
Holidays with Pay Convention (Revised), 1970 (No. 132)
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12. Requests for ad hoc information. As regards six Conventions, the Governing Body has invited the member States, which have not already ratified these Conventions, to examine the possibility to do so, and to inform the Office of the obstacles and difficulties encountered, if any, that might prevent or delay the ratification or which might point to the need for a full or partial revision.
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Subject-matter |
Conventions |
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Social security |
Invalidity, Old-Age and Survivors' Benefits Convention, 1967 (No. 128)
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Employment of children and young persons |
Medical Examination of Young Persons (Industry) Convention, 1946 (No. 77)
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C. Status quo
13. Regarding the following eight Conventions, the Governing Body decided to opt for the status quo, considering that a revision of these Conventions should not be recommended at present.
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Subject-matter |
Conventions |
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Employment policy |
Unemployment Convention, 1919 (No. 2) |
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Employment services |
Employment Service Convention, 1948 (No. 88) |
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Social policy |
Social Policy (Basic Aims and Standards) Convention, 1962 (No. 117) |
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Wages |
Minimum Wage-Fixing Machinery Convention, 1928 (No. 26)
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Hours of work |
Forty-Hour Week Convention, 1935 (No. 47) |
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Employment injury benefits |
Workmen's Compensation (Agriculture) Convention, 192l (No. 12) |
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Dock workers |
Dock Work Convention, 1973 (No. 137) |
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D. Particular cases
14. In the case of four Conventions relating to workers in non-metropolitan territories on subjects of relevance to a small number of member States, the Governing Body asked the Office to engage in consultations with the governments concerned.(10) These Conventions will be re-examined by the Working Party at a later stage, taking into account the outcome of these consultations.
III. Promotion of the ratification of revised Conventions
15. The Governing Body considered that 40 Conventions, out of the 120 examined, were no longer up to date. It decided to invite the States party to these Conventions to contemplate ratifying the recent Convention and denouncing, at the same time, the corresponding previous Convention. This invitation is accompanied by a request for information on the obstacles and difficulties encountered, if any, that might prevent delay of the ratification of the recent instruments. In its November 1997 decisions, the Governing Body emphasized the importance to take steps to promote the ratification of revised or up-to-date Conventions rather than earlier or obsolete ones.
16. The main concern of the Working Party has been to avoid a member State deciding on an immediate denunciation of a Convention while postponing, until an uncertain later date, the ratification of the corresponding recent Convention. In this regard, during the discussions in the Working Party, both the Employer and the Worker members stressed that these two measures (ratification/denunciation) together constituted a balanced action that should not be disrupted, and that they should be taken concurrently.(11)
17. The Governing Body has also emphasized that the implementation of these decisions implied that the member States would engage in tripartite consultations, particularly taking into account the procedures provided for in the framework of the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144), and the Tripartite Consultation (Activities of the International Labour Organisation) Recommendation, 1976 (No. 152).
18. The revising Conventions have not always been well ratified, while leaving in force the revised Conventions normally closed to ratification. The Working Party has made proposals aimed at reactivating the ratification of these revised Conventions and the denunciation, at the same time, of the initial Conventions. The Governing Body has decided accordingly in the case of the following 30 Conventions.
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Subject-matter |
Conventions proposed for ratification |
Conventions proposed for denunciation |
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Employment services |
Private Employment Agencies Convention, 1997 (No. 181), or the Fee-Charging Employment Agencies Convention (Revised), 1949 (No. 96) |
Fee-Charging Employment Agencies Convention, 1933 (No. 34) |
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Labour Statistics |
Labour Statistics Convention, 1985 (No. 160) |
Convention concerning Statistics of Wages and Hours of Work, 1938 (No. 63) |
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Hours of work |
Hours of Work and Rest Periods (Road Transport) Convention, 1979 (No. 153) |
Hours of Work and Rest Periods (Road Transport) Convention, 1939 (No. 67) |
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Paid leave |
Holidays with Pay Convention (Revised), 1970 (No. 132) |
Holidays with Pay Convention, 1936 (No. 52),
and
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Social security |
Employment Injury Benefits Convention, 1964 (No. 121) |
Workmen's Compensation (Accidents) Convention, 1925 (No. 17)
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Medical Care and Sickness Benefits Convention, 1969 (No. 130) |
Sickness Insurance (Industry) Convention, 1927 (No. 24)
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Invalidity, Old-Age and Survivors' Benefits Convention, 1967 (No. 128) |
Old-Age Insurance (Industry, etc.) Convention, 1933 (No. 35)
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Employment Promotion and Protection against Unemployment Convention, 1988 (No. 168) |
Unemployment Provision Convention, 1934 (No. 44) | |
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Maintenance of Social Security Rights Convention, 1982 (No. 157) |
Maintenance of Migrants' Pension Rights Convention, 1935 (No. 48) | |
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Occupational safety and health |
Occupational Safety and Health (Dock Work) Convention, 1979 (No. 152) |
Protection against Accidents (Dockers) Convention, 1929 (No. 28), and Protection against Accidents (Dockers) Convention (Revised), 1932 (No. 32) |
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Safety and Health in Construction Convention, 1988 (No. 167) |
Safety Provisions (Building) Convention, 1937 (No. 62) | |
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Employment of women |
Night Work (Women) Convention (Revised), 1948 [and Protocol, 1990] (No. 89),
or
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Night Work (Women) Convention, 1919 (No. 4),
and/or
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Minimum age |
Minimum Age Convention, 1973 (No. 138) (12) |
Minimum Age (Industry) Convention, 1919 (No. 5)
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Indigenous and tribal peoples |
Indigenous and Tribal Peoples Convention, 1989 (No. 169) |
Indigenous and Tribal Populations Convention, 1957 (No. 107) |
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19. In addition, in the case of the Equality of Treatment (Accident Compensation) Convention, 1925 (No. 19), the Governing Body invited the States parties to Convention No. 19 to contemplate ratifying the Equality of Treatment (Social Security) Convention, 1962 (No. 118), accepting the obligations of this Convention in particular in respect of its branch (g) (employment injury benefit).
20. In eight other cases, although the previous Convention had not been formally revised, the Governing Body decided, as regards the parties to such Conventions, to promote the ratification of the recent corresponding Convention and the denunciation, at the same time, of the earlier Convention.
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Subject- matter |
Conventions proposed for ratification |
Conventions proposed for denunciation |
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Night work |
Night Work Convention, 1990 (No. 171) |
Night Work (Bakeries) Convention, 1925 (No. 20) |
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Employment of women |
Safety and Health in Mines Convention, 1995 (No. 176) |
Underground Work (Women) Convention, 1935 (No. 45) (13) |
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Migrant workers |
Migration for Employment Convention (Revised), 1949 (No. 97) |
Inspection of Emigrants Convention, 1926 (No. 21) |
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Indigenous workers |
Indigenous and Tribal Peoples Convention, 1989 (No. 169),
and/or
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Recruiting of Indigenous Workers Convention, 1936 (No. 50)
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Indigenous and Tribal Peoples |
Penal Sanctions (Indigenous | |
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21. Furthermore, in the context of the examination of the Right of Association (Agriculture) Convention, 1921 (No. 11), the Governing Body invited the member States to ratify on a priority basis the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87).
IV. Promotion of the ratification of up-to-date Conventions
22. In the case of the following 22 Conventions, the Governing Body considered that their ratification should be encouraged either because these were recent Conventions, or because it considered that these Conventions continued to respond to current needs.
23. With respect to ten Conventions, the Governing Body has invited the member States to contemplate ratifying the Convention.
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Subject-matter |
Conventions proposed for ratification |
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Equality of opportunity and treatment |
Workers with Family Responsibilities Convention, 1981 (No. 156) |
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Employment |
Human Resources Development Convention, 1975 (No. 142)
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Labour administration |
Labour Administration Convention, 1978 (No. 150) |
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Protection of wages |
Protection of Wages Convention, 1949 (No. 95) |
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Weekly rest |
Weekly Rest (Industry) Convention, 1921 (No. 14)
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Occupational safety and health |
Hygiene (Commerce and Offices) Convention, 1964 (No. 120)
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Plantations |
Plantations Convention, 1958 [and Protocol, 1982] (No. 110) |
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24. As concerns 12 other Conventions, the invitation to the member States to contemplate ratifying the Convention is accompanied by a request for information on the obstacles and difficulties encountered, if any, with regard to ratification.
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Subject-matter |
Conventions proposed for ratification |
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Freedom of association |
Workers' Representatives Convention, 1971 (No. 135)
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Industrial relations |
Collective Bargaining Convention, 1981 (No. 154) |
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Wages |
Collective Bargaining Convention, 1981 (No. 131) |
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Occupational safety and health |
Collective Bargaining Convention, 1981 (No. 115)
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Social security |
Equality of Treatment (Social Security) Convention, 1962 (No. 118)
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Nursing personnel |
Nursing Personnel Convention, 1977 (No. 149) |
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25. Furthermore, the Governing Body invited member States which had not yet ratified the Social Security (Minimum Standards) Convention, 1952 (No. 102), to inform the Office of the obstacles and difficulties encountered, if any, that might prevent or delay ratification of this Convention. It also noted the importance of the issues covered by Convention No. 102 and requested the member States to inform the Office of the reasons for the limited recourse to the flexibility clauses included in this Convention. A technical study on the principles contained in Convention No. 102 is provided for in the Programme and Budget for 1998-99. The Working Party will re-examine the status of this Convention in due course, including the possible need for a full or partial revision of this Convention, in the light of the information available.
V. Shelving, abrogation or prospects for withdrawal
of Conventions
A. Decisions to shelve
26. The Governing Body considered that certain Conventions no longer corresponded to current needs, and that they had become outmoded or obsolete. It accordingly decided to shelve, with immediate effect, the 25 following Conventions.
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Subject-matter |
Conventions shelved |
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Employment service |
Fee-Charging Employment Agencies Convention, 1933 (No. 34) |
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Hours of work |
Hours of Work (Coal Mines) Convention, 1931 (No. 31)
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Night work |
Night Work (Bakeries) Convention, 1925 (No. 20) |
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Occupational safety and health |
Protection against Accidents (Dockers) Convention, 1929 (No. 28) |
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Social security |
Old-Age Insurance (Industry, etc.) Convention, 1933 (No. 35)
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Minimum age |
Minimum Age (Non-Industrial Employment) Convention (Revised), 1937 (No. 60) |
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Migrant workers |
Inspection of Emigrants Convention, 1926 (No. 21)
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Indigenous workers |
Recruiting of Indigenous Workers Convention, 1936 (No. 50)
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27. Ratification of shelved Conventions is no longer encouraged and their publication in Office documents, studies and research papers will be modified. Shelving also means that detailed reports on the application of these Conventions are no longer requested. It leaves intact, however, the right to invoke provisions relating to representations and complaints under articles 24 and 26 of the Constitution. It also allows employers' and workers' organizations to continue to make comments in accordance with the regular supervisory procedures, and the Committee of Experts to review these comments and to request, if appropriate, detailed reports under article 22 of the Constitution. Finally, shelving has no impact on the status of these Conventions in the legal systems of the member States that have ratified them.
B. Deferred shelving
28. The Governing Body further decided to postpone the shelving of ten Conventions.
29. It considered that the shelving of Conventions Nos. 63 (statistics), 4 and 41 (night work for women) could not be envisaged until the number of ratifications of the corresponding revised Conventions had decreased.
30. As regards Conventions Nos. 32 and 62 (occupational safety and health), 24, 25 and 44 (social security), the State parties are invited to communicate to the Office information on the obstacles and difficulties, if any, that might prevent or delay the ratification of the more recent Conventions, that is, respectively, the Occupational Safety and Health (Dock Work) Convention, 1979 (No. 152), the Safety and Health in Construction Convention, 1988 (No. 167), the Medical Care and Sickness Benefits Convention, 1969 (No. 130), and the Employment Promotion and Protection against Unemployment Convention, 1988 (No. 168).
31. Finally, in the case of two Conventions relating to workers in non-metropolitan territories (Conventions Nos. 82 and 83) the question of shelving will be re-examined in the light of consultations to be held with the member States concerned.
C. Prospects for the abrogation or withdrawal of Conventions
32. At its 85th Session in June 1997, the Conference adopted a proposal to amend the ILO Constitution and the Standing Orders of the Conference which introduces a possibility for the Conference to abrogate or withdraw international labour Conventions or Recommendations. The amendment consists of adding to article 19 a new paragraph 9 enabling the Conference to abrogate, by a majority of two-thirds of the votes of delegates present, any Convention that has lost its purpose or that no longer makes a useful contribution to attaining the objectives of the Organization. Prior to its consideration by the Conference, the Governing Body should, as far as possible, reach a consensus on such decision, or, if such a consensus cannot be reached, take a decision by a four-fifths majority of its members. Pursuant to article 36 of the Constitution, this amendment will take effect when ratified or accepted by two-thirds of the Members of the Organization including five of the ten Members which are represented on the Governing Body as members of chief industrial importance. Independently of the entry into force of this constitutional amendment, however, the Conference can decide on the withdrawal of Conventions which have not entered into force or which are no longer in force as a result of denunciations, or of Recommendations.
33. The Governing Body retained three shelved Conventions as candidates for a possible abrogation.(14) These include the following Conventions:
- Hours of work: Convention No. 67;
- Occupational safety and health: Convention No. 28;
- Minimum age: Convention No. 60.
34. Furthermore, at its session in March 1998, the Governing Body decided to place on the agenda of the 88th Session (2000) of the Conference the withdrawal of five Conventions which have not entered into force:
- Hours of work: Conventions Nos. 31, 46, 51 and 61;
- Migrant workers: Convention No. 66.
* * *
35. The Governing Body has asked the Office to continue to solicit the information requested in its decisions concerning policy regarding the revision of standards, to promote the ratification of the more recent, up-to-date Conventions and to denounce at the same time the corresponding older, outdated Conventions as well as to promote the ratification of the more recent, up-to-date Conventions rather than older, outdated Conventions. The Office was asked also to provide technical assistance as required by member States in order to enable them to respond in detail to these requests for information. Such responses will direct the future work of the Organization on policy regarding the revision of standards. A detailed document on the follow-up measures will be presented to the Governing Body in March 1999.
36. The Director-General would expect the full cooperation from all units and officials concerned, and in particular from the specialists in the multidisciplinary teams, in the follow-up on the decisions taken by the Governing Body, which are of crucial importance to the credibility and the efficiency of the standards system of the Organization.
1. Information note, para. 33.
2. Bahrain, Barbados, Canada, China, Dominica, Ecuador, Finland, Hungary, Korea, Republic of, Mauritius, Mexico, Qatar, San Marino, Slovakia.
3. Information note, para. 34.
4. Information note, para. 10.
5. GB.273/LILS/7.
6. The mandate of the Working Party is annexed to GB.267/LILS/WP/PRS/2.
7. The text of the decisions appear in GB.264/9/2, GB.265/8/2, GB.267/9/2, GB.268/8/2, GB.270/9/2 and GB.271/11/2 and the factual background and analysis of the Conventions examined are contained in GB.265/LILS/WP/PRS/1, GB.267/LILS/PRS/2, GB.267/LILS/WP/PRS/1, GB.268/LILS/WP/PRS/1, GB.270/LILS/WP/PRS/2, GB.271/LILS/WP/PRS/1, GB.271/LILS/WP/PRS/2 and GB.271/4/2. In several cases Conventions are the object of more than one type of decision. The total number of decisions analysed below therefore exceeds the number of Conventions examined.
8. GB.271/LILS/6
9. GB.258/6/19, Annex I.
10. -- With regard to the Social Policy (Non-Metropolitan Territories) Convention, 1947 (No. 82), it is a matter of making sure that its provisions are being applied by States party in the framework of other Conventions in the non-metropolitan territories concerned.
-- In the case of the Labour Standards (Non-Metropolitan Territories) Convention, 1947 (No. 83), it is a matter of examining in what way the Conventions listed in the annex to Convention No. 83 could continue to be applied in the non-metropolitan territories concerned.
-- The member States that have made a formal commitment to apply the provisions of the Right of Association (Non-Metropolitan Territories) Convention, 1947 (No. 84), are invited to contemplate ratifying the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and/or, as appropriate, the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).
-- The five States party to the Labour Inspectorates (Non-Metropolitan Territories) Convention, 1947 (No. 85), are invited to contemplate extending the application of the Labour Inspection Convention, 1947 (No. 81), and/or of the Labour Inspection (Agriculture) Convention, 1969 (No. 129), to non-metropolitan territories that continue to be governed by the provisions of Convention No. 85.
11. The technical modalities for denunciation vary from one instrument to the other. Conventions incorporating standard final provisions state that ratification of the new revising Convention shall ipso jure involve the immediate denunciation of the Convention being revised. Where the Conference has decided otherwise, however, and for Conventions adopted before 1929 that did not contain this provision, denunciation is not automatic. Furthermore, technically the registration of a denunciation can only be made during a given period of time. However, the Governing Body wished to stress the political decision to be taken by the governments, in consultation with the social partners, and not on the technical modalities that vary considerably according to the Convention.
12. The Governing Body invited, on a priority basis, the States parties to earlier Conventions on minimum age to contemplate ratifying Convention No. 138, with recourse to technical assistance as required.
13. The Governing Body invited the States party to Convention No. 45 to contemplate ratifying Convention No. 176 and possibly denouncing Convention No. 45.
14. Before the meaning of this term had been clarified in GB.267/LILS/WP/PRS/1.