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GB.274/2
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SECOND ITEM ON THE AGENDA
Follow-up action on the ILO Declaration on
Fundamental Principles and Rights at Work
and its Follow-up
Contents
1. The mechanics of the global reports
(a) The sequence of the global reports
(b) Coordinating the reporting periods under article 22 of the Constitution
2. Drafting of the global report
3. The respective roles of the Conference and of the Governing Body
A. Freedom of association and the effective recognition of the right to collective bargaining
B. The elimination of all forms of forced or compulsory labour
C. The effective abolition of child labour
D. The elimination of discrimination in respect of employment and occupation
1. At its 273rd Session (November 1998) the Governing Body conducted an initial examination of the steps to be taken to set in motion the follow-up action on the ILO Declaration on Fundamental Principles and Rights at Work.(1) It decided on the timetable for the two components of the follow-up: the requests for information for the annual report will be sent immediately after the present session of the Governing Body so that it can conduct a first review at its session in March 2000; the first global report, on freedom of association and the effective recognition of the right to collective bargaining, will be prepared for discussion at the Conference in June 2000.
2. As regards all other aspects involved in implementing the follow-up, the Governing Body has requested the Office to submit concrete proposals at its 274th Session (March 1999). This paper has been prepared in the light of the guidance given in November and during the consultations held in Geneva at the end of January and beginning of February. It is intended to provide the Governing Body with an overview of how the follow-up will function and with the elements needed to decide on the various aspects of follow-up on the Declaration according to the timetable it has adopted. These decisions fall within the general framework defined by the Declaration and the follow-up contained in its Annex.
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The relevant sections of the Annex to the Declaration are reproduced in the boxes.
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1. The aim of the follow-up described below is to encourage the efforts made by the Members of the Organization to promote the fundamental principles and rights enshrined in the Constitution of the ILO and the Declaration of Philadelphia and reaffirmed in this Declaration. 2. In line with this objective, which is of a strictly promotional nature, this follow-up will allow the identification of areas in which the assistance of the Organization through its technical cooperation activities may prove useful to its Members to help them implement these fundamental principles and rights. It is not a substitute for the established supervisory mechanisms, nor shall it impede their functioning; consequently, specific situations within the purview of those mechanisms shall not be examined or re-examined within the framework of this follow-up. 3. The two aspects of this follow-up, described below, are based on existing procedures: the annual follow-up concerning non-ratified fundamental Conventions will entail merely some adaptation of the present modalities of application of article 19, paragraph 5(e), of the Constitution; and the global report will serve to obtain the best results from the procedures carried out pursuant to the Constitution. |
3. The strictly promotional objective of the Annex is intended to encourage the efforts made by Members to implement the principles set out in the Declaration and to assess the effectiveness of the Organization's action in this area. This means that the follow-up cannot serve as a basis for complaints regarding Members' observation of these principles. Nor can it lead to a dual examination of situations that are already the subject of supervisory procedures with respect to the obligations entailed by Conventions or in those procedures being held up, since by definition its purpose is not the same. The follow-up will hence not lead to any questions being reopened that have already been discussed or are being discussed through the supervisory procedures, or to any new questions being examined under those procedures. Should such questions be raised, they would have to be declared outside the scope of any of the components of the follow-up on the Declaration. Finally, it was emphasized on several occasions during the Conference debate that the follow-up is not a new procedure, since both its components are based on existing procedures or relate to the outcome of those procedures. The annual review is an adaptation of the requests for reports under article 19, paragraph 5(e) of the Constitution, and the global report is a way of making the best possible use of the information already available -- in particular through constitutional procedures.
4. All the Organization's bodies are bound by this promotional objective of the follow-up and by the guarantees inherent in its application. This applies equally to the decisions that the Governing Body is now called upon to take.
II. Annual follow-up
concerning States that have not ratified
one or more of the fundamental Conventions
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A. Purpose and scope 1. The purpose is to provide an opportunity to review each year, by means of simplified procedures to replace the four-year review introduced by the Governing Body in 1995, the efforts made in accordance with the Declaration by Members which have not yet ratified all the fundamental Conventions. |
5. It should be recalled that at its 273rd Session (November 1998), when it set the timetable for introduction of the follow-up, the Governing Body decided to terminate the cycle of special reports requested under article 19, paragraph 5(e) with the 1998 report on freedom of association. As from 1999 the annual reviews will replace the arrangements introduced in 1995.
1. The mechanics of the annual review
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2. The follow-up will cover each year the four areas of fundamental principles and rights specified in the Declaration. |
6. In accordance with this provision of the Annex to the Declaration, the Governing Body has decided that the annual review for the four areas of fundamental principles and rights will begin with the dispatch of requests for reports in 1999 and their examination by the Governing Body in March 2000.
7. In order to cope with the extra work that this timetable will probably entail for certain Members and for the Office, especially during the first years of the annual review process, the Office and its field structure will provide all possible assistance to the Members concerned and, if necessary, resources will be set aside to ensure that the timetable is respected.
2. Functioning of the annual review
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B. Modalities 1. The follow-up will be based on reports requested from Members under article 19, paragraph 5(e), of the Constitution. The report forms will be drawn up so as to obtain information from governments which have not ratified one or more of the fundamental Conventions, on any changes which may have taken place in their law and practice, taking due account of article 23 of the Constitution and established practice. |
8. This provision means that the annual review will be based on the information supplied each year by the States that have not ratified one or more of the fundamental Conventions following requests for reports under article 19, paragraph 5(e) of the Constitution, and on the comments that employers' and workers' organizations may make on the government reports in accordance with article 23 of the Constitution.(2)
9. The relevance of this information to the promotional objective of the follow-up in general and of the annual review component in particular will largely depend on the requests that are sent to States. In drafting the report forms appended to this paper the Office has endeavoured to reflect the points of view expressed on this matter by constituents with regard to both their form and their content.
10. As regards the form of the reports, the forms are simple and have a common structure for all the categories of fundamental principles and rights. As the follow-up was devised by reference to the categories of principles and rights contained in the Declaration and not to the specific provisions of the various Conventions expressing and developing them, the Office has drawn up the draft report forms following a standard model for each category of principles and rights. Members will be asked to reply on those aspects of the principle covered by the Convention or Conventions to which they are not party.
11. As regards their content, and to meet the objective set out in the Annex to the Declaration that the report forms will be drawn up so as to obtain information on any changes which may have taken place in the law and practice of each State, it will be necessary to have reference data against which any subsequent changes can be measured. The draft report forms are accordingly designed to obtain details on all relevant institutional and factual information. Once this information is obtained, States will only thereafter be called upon to supplement or update the information with respect to the reference data.
12. As this information concerns concrete situations and trends and not the application of specific provisions of the Conventions, it was generally recognized that it was very important to have objective indicators. These indicators would enable constituents to assess their situation and to have a firmer grasp of the gradual objectives to be set according to their own possibilities, and would enable the Organization to assess the efforts of Members and the effectiveness of its own action objectively. In line with the promotional objective of the follow-up, there is no question of this tool being used for classifying or comparing States in terms of their respective situation.
13. However, it would seem difficult at this stage to define indicators that would be valid for all countries. Initially, therefore, it would probably be advisable to ask the States concerned to communicate the indicators available to them. The group of experts referred to in section II.B.3 of the Annex to the Declaration (see paras. 16-23 below) could devote part of its work to an examination of the most appropriate indicators for each of the categories of fundamental principles and rights; on the basis of experience, the Governing Body could subsequently take steps to develop this working tool. It may therefore be useful to give the group of experts an opportunity to propose possible adjustments to the report forms to the Governing Body, on the understanding that it would be for the Governing Body itself to decide on the adoption of any such adjustment. Meanwhile, in order to facilitate the task for States, the Office might on request provide lists of indicators already used by the Organization and in other countries.
14. The annual reviews should also help obtain information that is useful for the preparation of the global report with respect to the assessment of the Organization's action and future needs in the area of technical cooperation -- for example, through the development of appropriate indicators for evaluating the situations. Specific questions on these matters appear in the draft report forms.
15. The Governing Body may wish to approve the four report forms in the appendix to this paper and to request the Director-General to send them as soon as possible to the States concerned, with the beginning of November 1999 as the deadline for replies.
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B. Modalities (continued) 2. These reports, as compiled by the Office, will be reviewed by the Governing Body. 3. With a view to presenting an introduction to the reports thus compiled, drawing attention to any aspects which might call for a more in-depth discussion, the Office may call upon a group of experts appointed for this purpose by the Governing Body. |
16. The Annex to the Declaration provides for the possibility of appointing a group of experts to assist in preparations for the Governing Body's examination of the compilation of reports prepared by the Office. The Office's consultations have helped to produce a set of common ideas and principles in this respect: the experts will have to be a fairly small high-level group; its members must be impartial and independent, enjoy the confidence of the members of the Governing Body, be appointed by it on the basis of their integrity and competence in the various aspects of the Declaration and, as far as possible, reflect the different situations prevailing in the world.
17. In the light of these considerations, the Office has endeavoured to present proposals on the outstanding questions, namely the criteria for selection, the method of selection, the composition, and the term of office of the group of experts.
18. The selection criteria should be as follows: the members of the group must be independent, impartial and eminent persons with recognized experience in the various fields covered by the Declaration; they should not have any other function within the ILO or its various bodies. Finally, account will have to be taken of the need for balance in their selection.
19. As regards the method of selection, the Director-General might propose to the Officers of the Governing Body a list of eminent persons on the basis of the above criteria. The Officers would then invite the Governing Body to proceed with the appointment of the experts.
20. As regards the composition of the group of experts, several considerations will have to be taken into account: first, there should be an uneven number of experts; the composition should ensure that the group has the expertise necessary for a correct understanding of the different situations it is called upon to examine, in terms of both from the interdisciplinary nature of the exercise and the diversity of socio-economic circumstances. A group of seven members would seem appropriate.
21. The term of office could at this stage be fixed at three years. Once the system is functioning, the method of renewing the group's members, i.e. the possibility of staggering the renewal of its membership so as to ensure some degree of continuity and of limiting the number of renewals, could be examined by the Governing Body on the expiry of this first term of three years.
22. Since the group of experts is to meet prior to the March 2000 session of the Governing Body, which will be the occasion of the first annual review, the terms of reference of the group of experts should be approved at the current session so that the Director-General can, through the Officers of the Governing Body, present specific proposals to it with a view to the appointment of the group of experts no later than November 1999. In order not to prejudge any subsequent decisions of the Governing Body on the term of office or the question of renewals of the membership of the group of experts, its terms of reference might be as follows:
The Governing Body shall appoint a group of experts composed of seven eminent persons, who shall be responsible, in accordance with the objectives of the follow-up on the ILO Declaration on Fundamental Principles and Rights at Work as set out in the Annex to the Declaration, for --
(a) examining the information compiled by the Office on the basis of replies from Members that have not ratified the relevant Conventions to the report forms sent by the Office in accordance with article 19, paragraph 5(e), of the Constitution, as well as any comments on those replies made in accordance with article 23 of the Constitution;
(b) presenting to the Governing Body an introduction to the compilation based on those reports, drawing its attention to aspects that seem to call for more in-depth discussion;
(c) proposing to the Governing Body any adjustments that they think desirable to the report forms.
23. The Governing Body may wish to approve the above terms of reference of the group of experts and to request the Director-General to submit concrete proposals for the appointment of the group of experts not later than November 1999.
(c) Discussion of the annual review in the Governing Body
24. In accordance with the Annex to the Declaration, the review of the reports submitted by Members will be in three stages. First, the Office will make a compilation of the reports sent by the Members concerned and of any comments on the reports communicated in accordance with article 23 of the Constitution. The deadline for presenting these reports is set at the beginning of November so that the Office can prepare its compilation in time for the meeting of the group of experts. The second stage -- examination of the Office's compilation by the group of experts so that they can prepare an introduction to it for the Governing Body -- is scheduled for February of each year, so that the introduction is available before the March session of the Governing Body when the annual review is discussed. The purpose of this introduction is to facilitate the Governing Body's discussions by analysing the replies received, in particular as regards the assessment of the factual situation and the progress made, so as to draw attention to any aspects that might call for more in-depth discussion. The form and coverage of this introduction can be adjusted in the light of the Governing Body's experience and wishes. As regards the third stage -- the discussion of the compilation and of the group of experts' introduction by the Governing Body -- the Annex to the Declaration foresees the need to adjust existing procedures so as to allow Members not represented on the Governing Body to take part in its discussions and provide any clarifications that might prove necessary, as follows:
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B. Modalities (continued) 4. Adjustments to the Governing Body's existing procedures should be examined to allow Members which are not represented on the Governing Body to provide, in the most appropriate way, clarifications which might prove necessary or useful during Governing Body discussions to supplement the information contained in their reports. |
25. According to the timetable outlined above, the time available between the publication of the compilation and its accompanying introduction and their discussion in the Governing Body should allow the Members concerned to consider whether they wish to provide clarification on the outcome of the work of the group of experts and to prepare any useful additional information. This possibility is foreseen in the Annex to the Declaration. The question is how it will be arranged.
26. The Annex to the Declaration states that Members' participation should be "in the most appropriate way". This appropriate way has both a legal and a practical aspect. From the legal standpoint, participation in the Governing Body's proceedings by States that are not members of it is provided for under the ILO Constitution in only two cases: the examination of representations and complaints under articles 24 and 26 of the Constitution. This possibility has been extended by article 5bis of the Standing Orders of the Governing Body to the freedom of association procedure. Under the Constitution and Standing Orders currently in force, the participation of States that are not members of the Governing Body is strictly limited to adversarial procedures. In order to accommodate the promotional participation called for by the Conference as part of follow-up on the Declaration, and so as not to create any precedent and to avoid any confusion with the adversarial procedures, the Office has prepared a solution that involves enabling the Governing Body to suspend its official sittings and to meet as a committee of the whole.
27. This solution would thus not involve States that are not members of the Governing Body in the decision-making process, which is legally impossible, but would simply enable them to provide relevant information in the course of a debate that would not be governed by the Standing Orders of the Governing Body. It is accordingly proposed that a specific provision to this effect be introduced into the Standing Orders of the Governing Body.
28. In practical terms, it seems desirable to allow States some discretion as to whether they make their contributions in writing or orally.
29. As regards the details of arrangements for the Governing Body's annual review, the Annex to the Declaration specifically states that the role of the group of experts is to draw attention "to any aspects which might call for a more in-depth discussion". It will hence be for the Governing Body to organize its work and select the issues to be examined according to the volume of the reports, the requests for participation received from Members, the requests for participation that might be useful or necessary, and the time at its disposal. The Governing Body could thus decide in plenary sitting on the aspects it prefers to discuss and then adjourn so as to sit as a committee of the whole so as to hear additional information from, or proceed to an exchange of views with, States that are not members of the Governing Body. Since the committee of the whole as such would not be empowered to take decisions, the Governing Body will then need to resume its discussion in plenary sitting, draw its conclusions and close the debate on the point concerned. It could, for example, give the Office and the group of experts guidance for the following annual review and assess requirements in terms of technical cooperation. For technical reasons, the examination of the annual follow-up should be held at the very beginning of the plenary sittings so that conclusions can be adopted in due time.
30. The wording of a possible new article 9bis of the Standing Orders of the Governing Body that was submitted in November 1998 has been modified slightly in the light of the above considerations:
The Governing Body may decide to meet as a committee of the whole in order to hold an informal exchange of views, in which it may decide to give, according to modalities to be determined by it, an opportunity to representatives whose governments are not represented on the Governing Body to take the floor or to submit a communication in writing. The committee of the whole shall submit a report to the Governing Body.
31. The Governing Body may wish to request the Office to submit to it, at its 276th Session (November 1999), through its Committee on Legal Issues and International Labour Standards, a draft amendment to the Standing Orders of the Governing Body that takes into account the guidance given by the Governing Body, such that the amendment is in force at the Governing Body's session in March 2000, when the first annual review is held.
(d) Amendment to article 7 of the Standing Order of the Conference
32. Since there is already a very broad consensus on the advisability of introducing an amendment to article 7 of the Standing Orders of the Conference so as to avoid any ambiguity as to the handling of the reports under article 19, paragraph 5(e), provided for under the Declaration, a specific proposal along these lines will be placed before the Governing Body through its Committee on Legal Issues and International Labour Standards.(3)
1. The mechanics of the global reports
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A. Purpose and scope 1. The purpose of this report is to provide a dynamic global picture relating to each category of fundamental principles and rights noted during the preceding four-year period, and to serve as a basis for assessing the effectiveness of the assistance provided by the Organization, and for determining priorities for the following period, in the form of action plans for technical cooperation designed in particular to mobilize the internal and external resources necessary to carry them out. 2. The report will cover, each year, one of the four categories of fundamental principles and rights in turn. |
(a) The sequence of global reports
33. At its session in November 1998 the Governing Body decided that the sequence of global reports would begin in 2000 with the report on freedom of association and effective recognition of the right to collective bargaining. It has not yet been decided, however, in what order the global reports for the other three categories of fundamental principles and rights are to be presented. For practical purposes it seems advisable, after the first report on freedom of association and effective recognition of the right to collective bargaining, to continue the cycle in the order provided for in the Declaration.
34. The Governing Body may wish to determine the cycle of global reports in the order provided for in the Declaration, namely, after freedom of association and the effective recognition of the right to collective bargaining --
- the elimination of all forms of forced or compulsory labour;
- the effective abolition of child labour;
- the elimination of discrimination in respect of employment and occupation.
(b) Coordinating the reporting period under article 22 of the Constitution
35. At its 273rd Session (November 1998), the Governing Body took a decision in principle that it was necessary to coordinate the reporting periods for reports under article 22 of the Constitution so as to ensure that they were in line with the cycle of global reports. For the moment this question of coordination concerns the Minimum Age Convention, 1973 (No. 138), which has so far had a five-year reporting cycle, and eventually the possible modification of the timetable for requests for reports on the fundamental Conventions on the occasion of the re-examination -- scheduled for 2001 -- of the system of reports due under article 22 that was introduced on an experimental basis in 1995. As regards the coordination of reports on Convention No. 138, a recommendation is submitted to the Governing Body through its Committee on Legal Issues and International Labour Standards.(4)
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B. Modalities 1. The report will be drawn up under the responsibility of the Director-General on the basis of official information, or information gathered and assessed in accordance with established procedures. In the case of States which have not ratified the fundamental Conventions, it will be based in particular on the findings of the aforementioned annual follow-up. In the case of Members which have ratified the Conventions concerned, the report will be based in particular on reports as dealt with pursuant to article 22 of the Constitution. |
36. As specifically indicated in the Declaration, the global report is drawn up under the responsibility of the Director-General, who will make use of the range of expertise available in the Office.
37. The Conference has expressed the wish that the global report should, over a four-year cycle, provide in turn an overview of the situation of all Members with respect to each of the four categories of fundamental principles and rights, making the best possible use of "official information, or information gathered and assessed in accordance with established procedures". The term "official information" refers to information that is considered as such at the national level, such as official gazettes. Information "gathered and assessed in accordance with established procedures" comprises in general information deriving from procedures that afford guarantees of due process, within both the ILO and other intergovernmental organizations, on the understanding that information from non-governmental organizations is not as such covered by this concept.(5) Specifically, the principal sources of information that the Office will use to prepare the global report will, for States that have not ratified the fundamental Conventions, be the annual reviews; in the case of States that have ratified the fundamental Conventions, the Office will use the information available through the various supervisory procedures for the application of Conventions under article 22 of the Constitution, articles 24 and 26 of the Constitution, and the procedures of the Committee on Freedom of Association, in so far of course as they are relevant to the purposes of the Declaration and its follow-up.
3. The respective roles of the Conference and of the Governing Body
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B. Modalities (continued) 2. This report will be submitted to the Conference for tripartite discussion as a report of the Director-General. The Conference may deal with this report separately from reports under article 12 of its Standing Orders, and may discuss it during a sitting devoted entirely to this report, or in any other appropriate way. It will then be for the Governing Body, at an early session, to draw conclusions from this discussion concerning the priorities and plans of action for technical cooperation to be implemented for the following four-year period. |
(a) Discussion of the global report at the Conference
38. For the purposes of its discussion at the Conference, the global report must be considered as a separate part of the Director-General's report to the Conference. At its 273rd Session (November 1998) the Governing Body decided, from among the three options put forward, that it should be discussed in plenary, at a sitting specifically set aside for examination of the global report. In order to accommodate the wish that constituents should have sufficient time to examine the global report in depth and the concern that this should not be to the detriment of the Conference's other work, it is planned in principle to devote one day to this discussion. As the first global report will be presented to the 88th Session of the Conference in 2000, the Office will only be in a position to suggest a specific timetable once the programme for the session of the Conference in the year 2000 has been finalized.
39. The necessary arrangements for this examination to be conducted with the desired flexibility will be considered in greater detail in the form of a proposed amendment to the Standing Orders of the Conference, which is submitted to the Governing Body at its present session through its Committee on Legal Issues and International Labour Standards.(6)
(b) Subsequent debates in the Governing Body
40. Although this is not an aspect that needs to be addressed immediately, since it will only arise in practice after the June 2000 session of the Conference, the Office has been asked to provide a preliminary indication of when, where and how the Governing Body will draw its conclusions from the Conference debate on the global report.
41. As regards timing, it is in the very spirit of the Declaration that this should take place as soon as possible after the Conference so that the action plans for each four-year period can be drawn up as soon as possible. As the Governing Body's session in June is short and the Office needs time to analyse the Conference discussions and earmark the necessary resources for the action plans in terms of technical cooperation, the Governing Body session in November would seem the most appropriate. If, as foreseen, the annual review takes place at the March session, this schedule would make it possible to distribute the workload for follow-up on the Declaration more evenly between the two major annual sessions of the Governing Body.
42. As regards which of the Governing Body's organs is most suitable to carry out such an exercise, of the various options open to the Governing Body constituents have indicated a preference for the debate not to take place in the Programme, Financial and Administrative Committee. The Committee on Technical Cooperation (whose terms of reference include the formulation of recommendations on priorities, the provision of guidance for the ILO's technical cooperation activities and the examination of action to be taken on Conference decisions on matters of technical cooperation) and the Governing Body itself have been suggested as appropriate bodies.
43. Discussions in the Governing Body on the action plans will inevitably go beyond the role of the Committee on Technical Cooperation and take in other more general aspects. The point has been made that it is therefore important to reconcile the global nature of the discussion with a concern for efficiency and to avoid any overlapping.
44. In order to reconcile these different concerns, the Governing Body may wish either to examine the question directly in one of its plenary sittings, or to refer to the Committee on Technical Cooperation the issues falling within its mandate and combine the adoption of that Committee's report with a discussion of the other aspects of follow-up on the global report at the same plenary sitting of the Governing Body.
45. It will be for the Governing Body to decide on a solution that will make it possible to include the programme and financial aspects in these discussions.
46. Finally, with regard to the form and content of the report on this subject to be presented to the Governing Body, it should be a summary of the Conference debate prepared by the Office. Since the Conference debate is supposed to determine priorities for the Organization (on the basis of ideas that may already appear in the global report) with a view to the preparation -- and then the assessment -- of the action plans for each of the four categories of fundamental principles and rights in turn, this summary would need to determine the priorities identified in the course of the Conference debate and, in the light of those priorities, to see what resources might be available (whether from the regular budget or from possible extrabudgetary contributions) to translate them into technical cooperation projects or other promotional measures.
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47. It must be borne in mind that, when the Conference adopted the Declaration, it decided that the operation of the follow-up would in due course be reviewed to assess whether it has fulfilled its promotional objective.
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IV. It is understood that: 1. Proposals shall be made for amendments to the Standing Orders of the Governing Body and the Conference which are required to implement the preceding provisions. 2. The Conference shall, in due course, review the operation of this follow-up in the light of the experience acquired to assess whether it has adequately fulfilled the overall purpose articulated in Part I. |
48. As indicated in paragraphs 32, 35 and 39 above, the necessary amendments for establishing the follow-up will be submitted to the Governing Body through its Committee on Legal Issues and International Labour Standards.
Geneva, 9 February 1999.
Points for decision:
Paragraph 15;
Paragraph 23;
Paragraph 31;
Paragraph 34.
1. GB.273/3.
2. During the Conference debate, it was noted that the reference to article 23 of the Constitution and to established practice in this area means the possibility for employers' and workers' organizations to make observations on the reports sent by Governments, either direct to the Office or through their governments (see the report of the Committee on the Declaration of Principles, in ILO: Record of proceedings, International Labour Conference, 86th Session, Geneva, 1998, para. 149).
3. See GB.274/LILS/3/1 and, in due course, the first report of the Committee on Legal Issues and International Labour Standards to the Governing Body at the current session in document GB.274/10/1.
4. See GB.274/LILS/3/1 and, in due course, the first report of the Committee on Legal Issues and International Labour Standards to the Governing Body at the current session in document GB.274/10/1.
5. See the legal opinions presented to the Committee on the Declaration of Principles in ILO: Record of proceedings, International Labour Conference, 86th Session, Geneva, 1998, paras. 148 and 157.
6. See GB.274/LILS/3/1 and, in due course, the first report of the Committee on Legal Issues and International Labour Standards to the Governing Body at the current session in document GB.274/10/1.
Appendix
Draft report forms
A. Freedom of association
and the effective recognition
of the right to collective bargaining
Introduction
The ILO Declaration on Fundamental Principles and Rights at Work and its Follow-up, which was adopted by the International Labour Conference at its 86th Session on 18 June 1998, recalls that all Members, even if they have not ratified the Conventions regarded as fundamental, have an obligation arising from the very fact of their membership in the Organization to respect, to promote and to realize in good faith and in accordance with the Constitution, the principles concerning the fundamental rights which are the subject of those Conventions.
In order to give the Organization and its Members the opportunity of regularly observing their efforts to promote those principles, the Declaration has a promotional follow-up, one component of which sets out to obtain, through annual reports requested under article 19, paragraph 5(e), of the Constitution, information from Members that have not ratified the fundamental Conventions on any changes to their legislation and practice with regard to each of the categories of principles and rights set out in the Declaration.
This report form, which has been approved by the Governing Body of the International Labour Office for use by States that have not ratified both the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), forms part of this component of the follow-up on the Declaration and concerns the following:
Freedom of association and the effective recognition
of the right to collective bargaining
To be completed with regard to aspects of the principle covered by the Convention or Conventions(1) to which your State is not a party.
I. With regard to the means of assessing the situation in the country as it relates to freedom of association and the effective recognition of the right to collective bargaining, please indicate (where applicable with copies of the relevant text):
(1) Assessment of the institutional context:
(a) whether the principle of freedom of association and the effective recognition of the right to collective bargaining is recognized in your country;
(b) the manner in which it is recognized (in the Constitution, laws, regulations, by virtue of a ratified international instrument, or in some other way);
(c) to what extent or within what limits:
(i) are categories/people denied the right to organize (at all levels -- enterprise, sector, national or international), either explicitly or because they are not covered by the legislation?
(ii) is prior authorization necessary to establish employers' or workers' organizations?
(iii) can the Government intervene in the functioning of an employers' or workers' organization, and if so, and under what circumstances?
(iv) are any categories/people excluded from any systems/procedures that might exist to ensure the effective recognition of the right to collective bargaining?
(v) does the legislation provide for the authorization of collective agreements by the Government and, if so, under what circumstances?
(d) the means of implementing the principle (administrative, material, legal).
(2) Assessment of the factual situation:
(a) any indicators or statistics that are available or might be envisaged as a means of assessing the situation;(2)
(b) the data and trends resulting from the indicators or statistics currently available;
(c) any other information that might allow a better assessment of the situation in the country (structural, economic, demographic or training and education factors, etc.).
II. With regard to the efforts made or envisaged to ensure respect, promotion and realization of these principles and rights, please indicate:
(a) the measures taken to promote freedom of association and the effective recognition of the right to collective bargaining;
(b) the means deployed to promote freedom of association and the effective recognition of the right to collective bargaining by:
(i) your Government;
(ii) the Organization;
(iii) other bodies (please specify which);
(c) the objectives of your Government with a view to the observance, promotion or realization of these principles and rights;
(d) the conditions deemed necessary to meet these objectives, including technical cooperation resources that might help to achieve them (for example, the recognition of the principle in the country's legal system; the development of relevant indicators or statistics; the promotion of the principle in practice).
III. Please indicate which representative employers' and workers' organizations have been sent a copy of this report.
IV. Please indicate whether your Government has received from these employers' and workers' organizations any observations on the follow-up measures that have been taken or need to be taken on the Declaration with regard to freedom of association and the effective recognition of the right to collective bargaining.
1. The texts of these Conventions may be consulted on the ILO Internet site (http://www.ilo.org), in the official compilation of international labour Conventions and Recommendations, or obtained by request from the ILO Distribution Service, 4, route des Morillons, CH-1211 Genève 22.
2. A list of indicators and statistics that have already been used or are available at the ILO can be obtained on request from the ILO Distribution Service, 4, route des Morillons, CH-1211 Geneva 22.
B. The elimination of all forms
of forced
or compulsory labour
Introduction
The ILO Declaration on Fundamental Principles and Rights at Work and its Follow-up, which was adopted by the International Labour Conference at its 86th Session on 18 June 1998, recalls that all Members, even if they have not ratified the Conventions regarded as fundamental, have an obligation arising from the very fact of their membership in the Organization to respect, to promote and to realize, in good faith and in accordance with the Constitution, the principles concerning the fundamental rights which are the subject of those Conventions.
In order to give the Organization and its Members the opportunity of regularly observing their efforts to promote those principles, the Declaration has a promotional follow-up, one component of which sets out to obtain, through annual reports requested under article 19, paragraph 5(e), of the Constitution, information from Members that have not ratified the fundamental Conventions on any changes to their legislation and practice with regard to each of the categories of principles and rights set out in the Declaration.
This report form, which has been approved by the Governing Body of the International Labour Office for use by States that have not ratified both the Forced Labour Convention, 1930 (No. 29), and the Abolition of Forced Labour Convention, 1957 (No. 105), forms part of this component of the follow-up on the Declaration and concerns the following:
The elimination of all forms of forced
or compulsory labour
To be completed with regard to aspects of the principle covered by the Convention or Conventions(1) to which your State is not a party.
I. With regard to the means of assessing the situation in the country as it relates to the elimination of all forms of forced or compulsory labour, please indicate (where applicable with copies of the relevant text):
(1) Assessment of the institutional context:
(a) whether the principle of the elimination of all forms of forced or compulsory labour is recognized in your country;
(b) the manner in which it is recognized (in the Constitution, laws, regulations, by virtue of a ratified international instrument, or in some other way);
(c) to what extent or within what limits:
(i) is forced or compulsory labour defined?
(ii) are any categories/people excluded from the ban on forced or compulsory labour, either explicitly or because they are not covered by the relevant legislation on the subject?
(iii) are categories of jobs or work or are sectors excluded or omitted from legislation regarding this principle?
(d) the means of implementing the principle (administrative, material, legal); for example, the existence of an administrative ban or penal sanctions, the attribution of responsibilities to the labour inspectorate, police or tribunals for taking action against forced labour.
(2) Assessment of the factual situation:
(a) any indicators or statistics that are available or might be envisaged as a means of assessing the situation;(2)
(b) the data and trends resulting from the indicators or statistics currently available;
(c) any other information that might allow a better assessment of the situation in the country (structural, economic, demographic or training and education factors, etc.).
II. With regard to the efforts made or envisaged to ensure respect, promotion and realization of these principles and rights, please indicate:
(a) the measures taken to promote the elimination of all forms of forced or compulsory labour;
(b) the means deployed to promote the elimination of all forms of forced or compulsory labour by:
(i) your Government;
(ii) the Organization;
(iii) other bodies (please specify which);
(c) the objectives of your Government with a view to the observance, promotion or realization of these principles and rights;
(d) the conditions deemed necessary to meet these objectives, including technical cooperation resources that might help to achieve them (for example, the recognition of the principle in the country's legal system; the development of relevant indicators or statistics; the promotion of the principle in practice).
III. Please indicate which representative employers' and workers' organizations have been sent a copy of this report.
IV. Please indicate whether your Government has received from these employers' and workers' organizations any observations on the follow-up measures that have been taken or need to be taken on the Declaration with regard to the elimination of forced or compulsory labour.
1. The texts of these Conventions may be consulted on the ILO Internet site (http://www.ilo.org), in the official compilation of international labour Conventions and Recommendations, or obtained by request from the ILO Distribution Service, 4, route des Morillons, CH-1211 Genève 22.
2. A list of indicators and statistics that have already been used or are available at the ILO can be obtained on request from the ILO Distribution Service, 4, route des Morillons, CH-1211 Geneva 22.
C. The effective abolition of child labour
Introduction
The ILO Declaration on Fundamental Principles and Rights at Work and its Follow-up, which was adopted by the International Labour Conference at its 86th Session on 18 June 1998, recalls that all Members, even if they have not ratified the Conventions regarded as fundamental, have an obligation arising from the very fact of their membership in the Organization to respect, to promote and to realize in good faith and in accordance with the Constitution, the principles concerning the fundamental rights which are the subject of those Conventions.
In order to give the Organization and its Members the opportunity of regularly observing their efforts to promote those principles, the Declaration has a promotional follow-up, one component of which sets out to obtain, through annual reports requested under article 19, paragraph 5(e), of the Constitution, information from Members that have not ratified the fundamental Conventions on any changes to their legislation and practice with regard to each of the categories of principles and rights set out in the Declaration.
This report form, which has been approved by the Governing Body of the International Labour Office for use by States that have not ratified the Minimum Age Convention, 1973 (No. 138), forms part of this component to the follow-up on the Declaration and concerns the following:
The effective abolition of child labour
To be completed with regard to aspects of the principle covered by the Convention(1) to which your State is not a party.
I. With regard to the means of assessing the situation in the country as it relates to the effective abolition of child labour, please indicate (where applicable with copies of the relevant text):
(1) Assessment of the institutional context:
(a) whether the principle of the effective abolition of child labour is recognized in your country;
(b) the manner in which it is recognized (in the Constitution, laws, regulations, by virtue of a ratified international instrument, or in some other way);
(c) to what extent or within what limits:
(i) is child labour defined (minimum age for admission to employment or to work; relationship between this minimum age and the end of compulsory schooling)?
(ii) is the age limit for engaging in dangerous work higher than that indicated above? If such is the case, what is that age, what is the definition of dangerous work or works, and does a list exist of work that is considered dangerous?
(iii) are any categories of jobs or work, economic sectors or types of enterprise excluded from the ban on child labour, either explicitly or because they are not included in the relevant legislation?
(iv) are there other exceptions to the ban on child labour -- for example, as regards light work?
(d) the means of implementing the principle (administrative, material, legal); for example, labour inspection, penal or other sanctions; any bodies or machinery specifically concerned with the problem of child labour, etc.
(2) Assessment of the factual situation:
(a) any indicators or statistics that are available or might be envisaged as a means of assessing the situation;(2)
(b) the data and trends resulting from the indicators or statistics currently available;
(c) any other information that might allow a better assessment of the situation in the country (structural, economic, demographic or training and education factors, etc.).
II. With regard to the efforts made or envisaged to ensure respect, promotion and realization of the effective abolition of child labour, please indicate:
(a) any measures taken to abolish child labour effectively (for example, removal and rehabilitation of children employed in work prohibited by law; preventive, protective and social security measures for the families concerned; the existence of a compulsory educational system);
(b) the means deployed to promote the effective abolition of child labour by:
(i) your Government;
(ii) the Organization (for example, through the International Programme on the Elimination of Child Labour, IPEC);
(iii) other bodies (please specify which);
(c) the objectives of your Government with a view to the observance, promotion or realization of these principles and rights;
(d) the conditions deemed necessary to meet these objectives, including technical cooperation resources that might help to achieve them (for example, the recognition of the principle in the country's legal system; the development of relevant indicators or statistics; the promotion of the principle in practice).
III. Please indicate which representative employers' and workers' organizations have been sent a copy of this report.
IV. Please indicate whether your Government has received from these employers' and workers' organizations any observations on the follow-up measures that have been taken or need to be taken on the Declaration with regard to the effective abolition of child labour.
1. The text of the Convention may be consulted on the ILO Internet site (http://www.ilo.org), in the official compilation of international labour Conventions and Recommendations, or obtained by request from the ILO Distribution Service, 4, route des Morillons, CH-1211 Genève 22.
2. A list of indicators and statistics that have already been used or are available at the ILO can be obtained on request from the ILO Distribution Service, 4, route des Morillons, CH-1211 Geneva 22.
D. The elimination of discrimination
in respect of
employment and occupation
Introduction
The ILO Declaration on Fundamental Principles and Rights at Work and its Follow-up, which was adopted by the International Labour Conference at its 86th Session on 18 June 1998, recalls that all Members, even if they have not ratified the Conventions regarded as fundamental, have an obligation arising from the very fact of their membership in the Organization to respect, to promote and to realize in good faith and in accordance with the Constitution, the principles concerning the fundamental rights which are the subject of those Conventions.
In order to give the Organization and its Members the opportunity of regularly observing their efforts to promote those principles, the Declaration has a promotional follow-up, one component of which sets out to obtain, through annual reports requested under article 19, paragraph 5(e), of the Constitution, information from Members that have not ratified the fundamental Conventions on any changes to their legislation and practice with regard to each of the categories of principles and rights set out in the Declaration.
This report form, which has been approved by the Governing Body of the International Labour Office for use by States that have not ratified both the Equal Remuneration Convention, 1951 (No. 100), and the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), forms part of this component of the follow-up on the Declaration and concerns the following:
The elimination of discrimination in respect of
employment and occupation
To be completed with regard to aspects of the principle covered by the Convention or Conventions(1) to which your State is not a party.
I. With regard to the means of assessing the situation in the country as it relates to the elimination of discrimination in respect of employment and occupation, please indicate (where applicable with copies of the relevant text):
(1) Assessment of the institutional context:
(a) whether the principle of the elimination of discrimination in respect of employment or occupation is recognized in your country;
(b) the manner in which it is recognized (in the Constitution, laws, regulations, by virtue of a ratified international instrument, or in some other way);
(c) to what extent or within what limits:
(i) is discrimination defined?
(ii) are criteria defined whereby discrimination in respect of employment and occupation (sex, race, religion, etc.) is prohibited?
(iii) are any categories/people excluded from the ban on discrimination in respect of employment and occupation, either explicitly or because they are not covered by the applicable legislation?
(iv) are categories of jobs or work or are sectors excluded or omitted from the applicable legislation?
(d) the means of implementing the principle (administrative, material, legal); for example, specific bodies or machinery (such as committees on equal access to employment)? If such means exist, for what categories of people (women, minorities, etc.)?
(2) Assessment of the factual situation:
(a) any indicators or statistics that are available or might be envisaged as a means of assessing the situation;(2)
(b) the data and trends resulting from the indicators or statistics currently available;
(c) any other information that might allow a better assessment of the situation in the country (structural, economic, demographic or training and education factors, etc.).
II. With regard to the efforts made or envisaged to ensure respect, promotion and realization of the elimination of discrimination in respect of employment and occupation, please indicate:
(a) the measures taken to promote the elimination of discrimination in respect of employment and occupation;
(b) the means deployed to promote the elimination of discrimination in respect of employment and occupation by:
(i) your Government;
(ii) the Organization;
(iii) other bodies (please specify which);
(c) the objectives of your Government with a view to the observance, promotion or realization of these principles and rights;
(d) the conditions deemed necessary to meet these objectives, including technical cooperation resources that might help to achieve them (for example, the recognition of the principle in the country's legal system; the development of relevant indicators or statistics; the promotion of the principle in practice).
III. Please indicate which representative employers' and workers' organizations have been sent a copy of this report.
IV. Please indicate whether your Government has received from these employers' and workers' organizations any observations on the follow-up measures that have been taken or need to be taken on the Declaration with regard to the elimination of discrimination in respect of employment and occupation.
1. The texts of these Conventions may be consulted on the ILO Internet site (http://www.ilo.org), in the official compilation of international labour Conventions and Recommendations, or obtained by request from the ILO Distribution Service, 4, route des Morillons, CH-1211 Genève 22.
2. A list of indicators and statistics that have already been used or are available at the ILO can be obtained on request from the ILO Distribution Service, 4, route des Morillons, CH-1211 Geneva 22.