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GB.274/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
Follow-up on the recommendations
of the Working Party
Contents
Information note on the progress of work and decisions taken concerning the revision of standards
Appendix II
Ratifications and denunciations registered between 1 November 1995 and 31 December 1998
1. This document contains updated information concerning follow-up on the recommendations of the Working Party on Policy regarding the Revision of Standards.(1) It is submitted for examination by the Working Party at its eighth meeting during the 274th Session (March 1999) of the Governing Body in response to requests by the Working Party at the 271st and 273rd Sessions (March and November 1998) of the Governing Body.
2. Since its establishment in March 1996, the Working Party has held seven meetings. With the exception of the Conventions concerning seafarers and fishermen, it has essentially concluded its work of examining the Conventions within its mandate. The review of follow-up on the recommendations of the Working Party concerning these Conventions initially highlights the main action taken by the Organization and its principal bodies. In a second part, the focus is on follow-up action at the level of the member States. In the present document, this part contains a detailed report on the result of a follow-up action undertaken in 1998 aimed at promoting the ratification of revised Conventions. In a concluding section proposals are made as to the future directions of the follow-up action to be undertaken by the Office.
3. In accordance with the demands of the Working Party, the Office regularly updates a summary of the work of the Working Party. This summary has been updated to include the decisions taken by the Governing Body based on the recommendations of the Working Party up to and including its 273rd Session (November 1998) of the Governing Body. Account has also been taken of the comments made in November, and the title adjusted accordingly.(2)
4. The Office has also updated the table listing ratifications and denunciations of Conventions examined by the Working Party since its inception. This table is included as Appendix II and covers now the period 1 November 1995 up to and including 31 December 1998.
I. Follow-up action at the level of the Organization
5. The ensuing review of follow-up at the level of the Organization contains two parts. The first highlights activities by the Office related to specific Conventions. For ease of reference this part has been structured in accordance with the Information note. In a second part, focus is on other promotional activities within the Office on policy regarding the revision of standards.
1. Special follow-up action
(a) Conventions on fundamental rights at work and priority Conventions
6. A separate document, submitted to the Governing Body at its present session, assesses the progress of the campaign for the ratification of Conventions on fundamental human rights at work launched by the Director-General in May 1995.(3)
7. As regards the priority Conventions, 20 new ratifications have been registered since 1 November 1995. Twelve of these concern the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144). The Office is actively promoting the application of this Convention in its follow-up action at the level of member States. The communications addressed to member States have included invitations to governments to consult with the social partners on the requests for information on the need to revise Conventions, on the invitations to ratify up-to-date Conventions, and to denounce outdated Conventions. As regards the Labour Inspection Convention (No. 81) and Recommendation (No. 81), 1947, special promotional activities have also been carried out by the Office, inter alia, in collaboration with the International Association of Labour Inspection (IALI). Two meetings have been held or are scheduled: the IALI/ADMITRA/Government of Norway meeting on Labour Inspection in the Small and Medium Enterprises (SME) Sector (Bergen, May 1998); and the forthcoming IALI/ADMITRA/Government of Tunisia meeting on Labour Inspection and Prevention (Hammamet, April 1999).
(b) Prospective revisions
8. Decisions to revise. The Working Party examined the instruments on maternity protection in November 1996 and recommended their revision. The International Labour Conference will hold a first discussion on the revision of these instruments at its 87th Session (1999).
9. The revision of a series of six Conventions was decided as a result of the follow-up action taken by the Office in 1997.(4) The revision of these Conventions was included in the portfolio of proposals for the agenda of the International Labour Conference at its 89th Session (2001).(5) When the Governing Body examined this portfolio in November 1998 it decided, inter alia, to request the Office to prepare a more detailed proposal concerning the use of hazardous substances, including the revision of the White Lead (Painting) Convention, 1921 (No. 13), and the Benzene Convention, 1971 (No. 136).(6) This proposal will be examined by the Governing Body at its present session under the item on its agenda concerning the date, place and agenda of the 89th Session (2001) of the International Labour Conference.(7)
10. The question of revision of the three Conventions on the night work of children and young persons (Conventions Nos. 6, 79 and 90) is also included in the portfolio and will have to be further examined in the November 1999 portfolio.
11. As regards Conventions concerning seafarers, it was decided in November 1998 to revise the Medical Examination of Young Persons (Sea) Convention, 1921 (No. 16). Follow-up on this decision will be examined in the light of the continued examination of Conventions concerning seafarers at the present session of the Working Party and the role that the Joint Maritime Commission (JMC)(8) might have in this context.
12. Requests for additional information. In the case of several Conventions the Working Party has decided to request additional information from member States in order to be able to evaluate more precisely the need for revision of these instruments. Following requests by members of the Governing Body at its 268th Session (March 1997)(9) and in order to facilitate for member States the task of taking the requested action, the Office has undertaken to stagger these requests.
13. In a circular letter addressed in 1997 to all member States, the Office requested observations from member States on the ratification prospects, obstacles to the ratification and the needs for revision of 13 Conventions. In response, observations were received from 72 member States. A report on this follow- up action was examined by the Working Party in March 1998.(10) The resulting proposals, all approved by the Governing Body,(11) included the six recommendations for revision noted above, as well as three recommendations to consider Conventions up to date. Furthermore, in three cases it was decided to solicit additional information in the form of a short survey.(12)
14. Since this follow-up action, additional information remains to be requested by the Office with respect to 17 Conventions in three different forms. The Working Party has made recommendations, followed by the Governing Body, to undertake General Surveys in the cases of several Conventions. The Committee of Experts recently concluded a General Survey on migrant workers(13) which will be discussed at the forthcoming International Labour Conference in June 1999; at its 273rd Session (November 1998) the Governing Body decided to request General Surveys in the area of night work for women(14) for the year 2000 and in the area of dockworkers in 2001.(15) Of the General Surveys recommended by the Working Party it is only the General Survey on hours of work(16) for which a date remains to be fixed.
15. In the cases of the Termination of Employment Convention, 1982 (No. 158), and the Holidays with Pay Convention (Revised), 1970 (No. 132), it has been decided to undertake short surveys which will further examine the obstacles and difficulties several member States reported having encountered when considering ratification. Preparations for these surveys are under way and they are planned to be submitted to the Working Party at its meeting during the 276th Session (November 1999) of the Governing Body.
16. As regards the Paid Educational Leave Convention, 1974 (No. 140), which member States were invited to ratify, it was also decided to undertake a short survey, which similarly is planned to be submitted to the Working Party in November 1999.
17. The Working Party concluded the examination of the 24 social security Conventions within its mandate in March 1998. The Office is considering the appropriate way to follow up on the different decisions taken with respect to these Conventions, which include decisions to request ad hoc information.
18. The views of constituents are also needed with respect to the three Conventions on the medical examination of young persons (Conventions Nos. 77, 78 and 124), including the question of their possible consolidation.
(c) Promotion of the ratification of revised Conventions
19. Generally, it is encouraging to note that since the inception of the work of the Working Party, 50 new ratifications of revised Conventions and 42 denunciations of the corresponding outdated Conventions have been registered. With few exceptions these denunciations result from ratifications of revised Conventions or are related to the ratification of a corresponding up-to-date Convention.
20. In an effort to contribute to this development, the Office decided to focus its second major follow-up action in 1998 on promoting the ratification of revised Conventions. As analysed below, this action has already produced certain results. It should be underscored, however, that it is rather early to evaluate the full effects of this follow-up action. Both the ratification and, in relevant cases, the denunciation processes necessarily involve rather lengthy procedures at the national level.
21. The follow-up action undertaken in 1998 consisted in engaging in direct written consultations with 135 member States parties to older, outdated Conventions in the areas of minimum age, employment services, labour statistics, occupational safety and health and indigenous and tribal peoples, encouraging them to ratify a series of corresponding revised Conventions. This action also included invitations to ratify up-to-date Conventions pertaining to subject-matters such as night work, the employment of women, migrant workers and indigenous workers, and to denounce at the same time certain corresponding outdated Conventions. In these latter cases the up-to-date Conventions did not formally revise the outdated ones. The States parties to the older Conventions have therefore been requested to initiate parallel ratification and denunciation processes, as the denunciation of the older Conventions would not follow automatically from the ratification of the instrument considered up-to-date.
22. On request(17) and with the continuing aim of facilitating action at the national level, the Office individualized the requests for this follow-up action. For each member State, and in relation to its state of ratifications, the Office identified the specific action requested. Consequently, the Office letter to member States included in each case tables specifying the Conventions whose ratification was encouraged, as well as the corresponding outdated Conventions by which the member State remained bound. Where relevant, it was specified whether the outdated Conventions would be automatically denounced, or whether their denunciation would depend on an act of denunciation within specified time periods. For a full analysis of this action, see below, section II.
23. As regards the cases of the four Conventions relating to workers in non-metropolitan territories (Conventions Nos. 82, 83, 84 and 85),(18) one member State has communicated its intention to denounce Conventions Nos. 82, 84 and 85,(19) and consultations should be pursued.
(d) Promotion of the ratification of up-to-date Conventions
24. The Working Party has so far identified 25 Conventions that are considered up to date and whose ratification should be promoted independently of any other action. Since 1 November 1995 a total of 44 ratifications have been registered with respect to Conventions in this category. Where considered appropriate, the supervisory bodies (in particular the Committee of Experts and the Conference Committee on the Application of Standards) have drawn the attention of governments to recent instruments that could be the subject of ratification.
25. Furthermore, in the context of the Human Resources Development Convention (No. 142) and Recommendation (No. 150), 1975, the Conference agenda for the 89th Session (2000) of the Conference includes the holding of a general discussion on human resources training and development. This discussion could lead to a revision of the Human Resources Development Recommendation, 1975 (No. 150), which is being examined by the Working Party at the present session.(20)
26. At its 86th Session (1998) the International Labour Conference examined a General Survey on the application of the Vocational Rehabilitation and Employment (Disabled Persons) Convention (No. 159), and Recommendation (No. 168), 1983. The conclusions on this General Survey confirmed the recommendation by the Working Party that the ratification of Convention No. 159 should be promoted.
27. In addition, following the General Survey concerning the Labour Administration Convention, 1978 (No. 150), in which the Committee of Experts concluded that the ratification of Convention No. 150 should be promoted,(21) the Office has prepared and is disseminating kits for information and promotion of the Convention and is providing technical assistance at the national level to member States wishing to strengthen their labour administration systems. In addition, in the context of the project on the modernization of labour administrations in Central America(22) a tripartite seminar on the role of labour administration was held in the Dominican Republic in May 1998, which resulted in a declaration of intent to ratify Convention No. 150. Convention No. 150 has received four new ratifications since 1996.
(e) Shelving, abrogation and withdrawal of Conventions
28. As regards the Conventions that have been shelved and those proposed for possible abrogation, the Office no longer requests States to send in a report to the supervisory bodies. The multidisciplinary teams have also been called upon to discontinue encouraging the ratification of shelved Conventions. Furthermore, in publications and research work Conventions that are shelved are identified as such: the ILOLEX database specifically identifies the shelved Conventions. Information on the decisions by the Governing Body on policy regarding the revision of standards can also be consulted at the new website on international labour standards and human rights.(23)
29. The constitutional amendment on the abrogation of Conventions, adopted at the 86th Session (1997) of the International Labour Conference and based on an initiative of the Working Party, has already received 21 ratifications or acceptations. In autumn 1998 the Director-General relaunched the ratification campaign on this amendment.
30. Through the consequential amendment of its Standing Orders, the Governing Body can now decide to place on the agenda of the Conference the question of withdrawal of Conventions that are obsolete and which have not entered into force: the Governing Body decided at its 271st Session (March 1998) to place on the agenda of the 88th Session (2000) of the Conference the question of withdrawal of Conventions Nos. 31, 46, 51, 61 and 66.
2. Promotional activities
31. In addition to these specific targeted activities, the Office is also called upon to raise the awareness of all parties concerned of all the decisions by the Governing Body on policy regarding the revision of standards.
32. Accordingly, during the 86th Session of the International Labour Conference in June 1998, the Chairman of the Working Party informed the members of the Conference Committee on the Application of Standards on the progress of the work of the Working Party. He emphasized the extensive work already completed and the constructive approach within the Working Party which had enabled the Working Party to reach consensus decisions on all recommendations made.
33. Furthermore, and as in previous years, an updated version of the Information note circulated as a Committee document and was thus at the disposal of the members of the Conference Committee on the Application of Standards.
34. This Information note has also an important function: that of bringing the decisions of the Governing Body to the attention of all parties concerned including departments at headquarters, regional offices and multidisciplinary teams. The value of this document was re-emphasized by both groups and several members of the Working Party at the meeting in November 1998.(24) The Office will pursue its regular updating and bringing this document to the attention of all the parties concerned.
35. The efforts to raise awareness of policy regarding the revision of standards have also been pursued through seminars and lectures. A subregional seminar on policy regarding the revision of standards, hosted by the Government of Mexico, was held in December 1997. The participants at this seminar included representatives of the governments and of employers' and workers' organizations from Costa Rica, Cuba, the Dominican Republic, El Salvador, Guatemala, Haiti, Honduras, Mexico, Nicaragua and Panama. Assistance was provided by the Area Office, the Standards Department and the multidisciplinary advisory team in San José. Practical exercises were conducted which made it possible to analyse the decisions that had been taken on policy regarding the revision of standards and facilitated tripartite consultations on the Conventions for which information had been requested.(25)
36. Within the framework of various workshops and seminars organized by the International Labour Standards Department, participants directly concerned by standard setting are made aware of the need to give effect to the decisions on policy regarding the revision of standards. In the context of the annual seminar organized by the International Labour Standards Department in cooperation with the International Training Centre of the ILO in Turin during the two weeks preceding the International Labour Conference 1998, the participants were informed of the latest developments on policy regarding the revision of standards and were called upon to analyse the decisions by the Governing Body in relation to their relevance to their particular country.
37. The ILO frequently receives groups of professionals or representatives of associations from different parts of the world on study visits. In autumn 1998 the Office received a group representing the Swedish United Nations Association as well as a group of South African labour lawyers for whom the Office, inter alia, presented the work on policy regarding the revision of standards.
38. As regards future activities, it could be highlighted that several seminars, organized by, or in cooperation with, the International Labour Standards Department will be held in the coming months, inter alia, in Egypt, Turin and the Caribbean. It is foreseen that policy regarding the revision of standards will be addressed and analysed in the relevant regional and national contexts of these seminars.
39. The cooperation of all units and officials concerned, in particular the specialists of the multidisciplinary teams, is indispensable if appropriate effect is to be given to the decisions on policy regarding the revision of standards. Building on the experience of 1997, it is planned to hold a seminar for specialists on standards from the multidisciplinary teams during the Conference in June 1999 which will specifically address questions of policy regarding the revision of standards. The objective is further to involve the multidisciplinary teams and the regional and area offices, in accordance with the guidelines on the Active Partnership Policy, in the follow-up to the decisions on policy regarding the revision of standards. In this vein, technical documents on a country-by-country basis have been prepared for certain countries. These documents enable an assessment of how to target follow-up action at the national level. Within the limits of the resources available, the Office will continue to prepare these country-by-country analyses and is examining how to facilitate their preparation with automated functions.
40. It could also be noted that the follow-up action at the level of member States, described in detail below, also resulted in a few calls for direct technical assistance to help resolve problems that had arisen during the examination of Conventions in question, which the Office are responding to.
II. Follow-up action at the level of member States
1. Promotion of the ratification of revised Conventions
41. Follow-up action with member States focused on the ratification of revised Conventions, and is described above (section I.1(c)). It generated responses from 35 member States, which are analysed in more detail, by subject-matter, in the following paragraphs. The first section examines the responses concerning revised Conventions where the denunciations of the outdated Conventions do not depend on an act of denunciation. The second section examines the responses from States parties to older, outdated Conventions which are invited to ratify corresponding up-to-date Conventions on the same subject-matters. In these cases, member States concerned have been requested to engage in parallel ratification and denunciation processes.
(a) Promotion of the ratification of revised Conventions
with automatic denunciation of outdated Conventions
(i) Minimum age
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Conventions proposed for ratification |
Conventions proposed for denunciation |
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Minimum Age Convention, 1973 (No. 138) |
Minimum Age (Industry) Convention, 1919 (No. 5)
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42. In the area of minimum age the follow-up action focused on five older Conventions which have been determined to be out of date.(26) The 74 States parties to these Conventions were invited to consider ratifying Convention No. 138, on a priority basis, with recourse to technical assistance as required. The ratification of Convention No. 138 entails in most cases, but on certain conditions, the automatic denunciation of these earlier Conventions. This follow-up action will have reinforced the promotional campaign regarding the fundamental Conventions launched by the Director-General in May 1995. The concerted efforts by the ILO in this area have indeed had the effect of increasing the number of ratifications of the Minimum Age Convention, 1973 (No. 138): a total of 20 new ratifications have been registered since 1 November 1995.(27)
43. These 20 new ratifications of Convention No. 138 have resulted in 16 denunciations of the corresponding, outdated minimum age Conventions. The detailed information provided by 17 member States(28) in the course of the follow-up action suggests that a further six ratifications will soon be forthcoming.(29) In addition, another six member States(30) reported that they intended to ratify Convention No. 138, in some cases after having adjusted national legislation. The ratification prospects for Convention No. 138 were not so encouraging in four other member States.(31)
(ii) Employment services
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Conventions proposed for ratification |
Conventions proposed for denunciation |
|
Private Employment Agencies Convention, 1997 (No. 181) |
Fee-Charging Employment Agencies Convention, 1933 (No. 34) |
44. In the area of employment services, three Conventions are at issue. In March 1996 the Working Party examined Convention No. 34, which was shelved with immediate effect.(32) The few remaining parties to Convention No. 34 were invited to ratify the Fee-Charging Employment Agencies Convention (Revised), 1949 (No. 96). It was noted, however, that Convention No. 96 was due to be revised. Following the adoption of the Private Employment Agencies Convention, 1997 (No. 181), the Working Party re-examined Convention No. 96. As Convention No. 96 still retained its usefulness for certain member States that had expressed the wish to maintain a public monopoly over employment agencies, it was decided to invite the States parties to Convention No. 96 to contemplate ratifying, as appropriate, Convention No. 181. (33)
45. Since the examination by the Working Party, one of the five States parties to Convention No. 34(34) has ratified Convention No. 96. Another State party(35) reported in the consultation that it was going to consider, in cooperation with the social partners, the ratification of either Convention No. 96 or Convention No. 181.
(iii) Labour statistics
|
Conventions proposed for ratification |
Conventions proposed for denunciation |
|
Labour Statistics Convention, 1985 (No. 160) |
Convention concerning Statistics of Wages and Hours of Work, 1938 (No. 63) |
46. In this area the Working Party determined in November 1997 that Convention No. 160 was the up-to-date Convention and that the 15 States parties to Convention No. 63 should be invited to ratify Convention No. 160.
47. The responses received through the follow-up action revealed that three member States(36) were examining the possibility of ratifying Convention No. 160. One member State(37) had determined that there were no major obstacles at the national level to ratification of Convention No. 160, but this was not the case in another member State.(38)
(iv) Occupational safety and health
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Conventions proposed for ratification |
Conventions proposed for denunciation |
|
Occupational Safety and Health (Dock Work) Convention, 1979 (No. 152) |
Protection against Accidents (Dockers) Convention, 1929 (No. 28)
|
|
Safety and Health in Construction Convention, 1988 (No. 167) |
Safety Provisions (Building) Convention, 1937 (No. 62) |
48. The Working Party has examined two sets of Conventions concerning occupational safety and health which were addressed in the context of this follow-up action. First, in the area of dock work, where Convention No. 152 has been determined to be up to date, and secondly, in the area of safety and health in construction, where Convention No. 167 is the modern and up-to-date standard.
49. In the area of dock work, Convention No. 152 was recently ratified by one member State.(39) The remaining State party to Convention No. 28 reported that it was not yet in a position to ratify Convention No. 152.(40) Of the 35 remaining States parties to Convention No. 32, five member States reported that they were currently examining, or intended to examine, the possibility of ratifying Convention No. 152.(41) In one case(42) discussions with the social partners were ongoing. The ratification prospects did not seem as encouraging in the reports of two member States.(43)
50. As regards safety and health in construction, three new ratifications of Convention No. 167 were registered rather recently.(44) Of the 23 States parties to Convention No. 62, two member States(45) indicated that they were in favour of ratifying Convention No. 167, while three member States(46) declared that they did not, at least at present, envisage ratification of this Convention.
(v) Indigenous and tribal peoples
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Conventions proposed for ratification |
Conventions proposed for denunciation |
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Indigenous and Tribal Peoples Convention, 1989 (No. 169) |
Indigenous and Tribal Populations Convention, 1957 (No. 107) |
51. The Working Party determined in November 1997 that Convention No. 107 was out of date and invited the 20 States parties to Convention No. 107 to ratify the modern standard in this field, Convention No. 169.(47) This follow-up action will have reinforced the ongoing special Project on Indigenous and Tribal Peoples aimed, inter alia, at promoting the application of Convention No. 169.(48) In the past three years seven member States previously parties to Convention No. 107 have ratified Convention No. 169.
52. The responses received from States parties to Convention No. 107 in the follow-up action indicate furthermore that the ratification process of Convention No. 169 had been initiated in one member State(49) and that three member States(50) were either favourable to, or were examining the possibility of, ratifying Convention No. 169. According to reports from an additional three States parties to Convention No. 107,(51) ratification of Convention No. 169 did not seem immediately forthcoming.
(b) Promoting the ratification of up-to-date Conventions
53. In addition to the Conventions examined above, the Working Party has determined that another series of Conventions are out of date. In these cases the Working Party decided to recommend the promotion of certain up-to-date Conventions on the same or similar subject-matter. As there is a substantive and not a formal link between these Conventions, the denunciation of the older, outdated instrument is not automatic, but depends on a specific act of denunciation which has to be undertaken by the member State. It should further be recalled that in some cases denunciations can only be registered during certain time periods which are specific to each Convention.
(i) Night work
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Conventions proposed for ratification |
Conventions proposed for denunciation |
Period for denunciation |
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Night Work Convention, 1990 (No. 171) |
Night Work (Bakeries) Convention, 1925 (No. 20) |
At any time |
54. The modern and up-to-date standard in the area of night work is Convention No. 171, which entered into force in 1994. It is promoted for ratification, while the corresponding outdated Convention No. 20 is proposed for denunciation. Although ratification of Convention No. 171 does not affect the ratification level of Convention No. 20, it should be noted that Convention No. 20 may be denounced at any time. Since its examination by the Working Party, Convention No. 20 has been denounced by two member States, neither of which had ratified Convention No. 171.(52) Meanwhile, Convention No. 171 has received two new ratifications.(53)
55. In the responses received, two member States(54) among those still bound by Convention No. 20 reported that they were examining the possibility of ratifying Convention No. 171. The responses from two other member States(55) were not so encouraging.
(ii) Employment of women
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Conventions proposed for ratification |
Conventions proposed for denunciation |
Periods for denunciation |
|
Safety and Health in Mines Convention, 1995 (No. 176) |
Underground Work (Women) Convention, 1935 (No. 45) (56) |
30.5.1997-30.5.1998
|
56. The up-to-date standard in this area, which is promoted for ratification, is Convention No. 176, which recently entered into force.(57) During the examination of Convention No. 45 in November 1996, it was noted that Convention No. 176 in practice comprised the scope of Convention No. 45.(58) Since the time of its examination by the Working Party, five member States(59) have denounced Convention No. 45. Only one(60) of them, however, has also ratified Convention No. 176.
57. In the consultations with the 82 remaining States parties to Convention No. 45, 16 member States seemed positive to the idea of ratifying Convention No. 176. Five of these(61) indicated that they intended to ratify Convention No. 176 or that the conditions for ratification had been met, while 11 other member States(62) stated that they were considering the possibility of ratifying Convention No. 176. Four member States were less positive, due to difficulties or obstacles in national legislation or because Convention No. 176 was considered to have limited practical application in their national context.
58. The level and content of the responses received demonstrate a significant movement in the direction recommended by the Working Party, although Convention No. 45 still binds a considerable number of member States. However, any further denunciations of Convention No. 45 can only be registered as of 30 May 2007. The Office could thus consider additional follow-up action in this respect at a later stage, and in the meantime promote the ratification of Convention No. 176.
(iii) Migrant workers
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Conventions proposed for ratification |
Conventions proposed for denunciation |
Period for denunciation |
|
Migration for Employment Convention (Revised), 1949 (No. 97) |
Inspection of Emigrants Convention, 1926 (No. 21) |
At any time |
59. In the context of the examination of the Inspection of Emigrants Convention, 1926 (No. 21), by the Working Party in March 1996, it was noted that the provisions concerning measures to safeguard the welfare of workers and their families during the journey, and in particular on board ship, were contained in Convention No. 97. Consequently, the 32 States parties to Convention No. 21 were invited to ratify Convention No. 97 and to denounce Convention No. 21. Since then, Convention No. 21 has been denounced by one member State(63) that ratified Convention No. 97 in 1953.
60. In the consultations four member States(64) indicated that they were considering ratifying Convention No. 97. One of these first wanted to obtain technical advice concerning the application of Convention No. 97 in the context of its national legislation, which the Office is providing. Two member States(65) did not seem positive as regards any further action in this area for the time being.
61. The response received should be evaluated in the light of the outcome of the forthcoming General Survey on migrant workers, which will be discussed at the 87th Session (1999) of the Conference.
(iv) Indigenous workers
62. The Working Party has examined a series of five Conventions concerning indigenous workers which have all been determined to be out of date. The main modern standard in this field is the Indigenous and Tribal Peoples Convention, 1989 (No. 169), which has been proposed for ratification. This Convention does not cover all the subject-matter covered by the outdated Conventions, however. Consequently, the States parties to the older Conventions have also been invited to ratify the other relevant and up-to-date Conventions as detailed in the table below. The windows for denunciation of two of the older standards are currently open or will open shortly.
|
Conventions proposed for ratification |
Conventions proposed for denunciation |
Periods for denunciation |
|
Indigenous and Tribal Peoples Convention, 1989 (No. 169),
and/or
|
Recruiting of Indigenous Workers Convention, 1936 (No. 50) |
8.9.1999-8.9.2000 |
|
Contracts of Employment (Indigenous Workers) Convention, 1939 (No. 64) |
8.7.1998-8.7.1999 | |
|
Contracts of Employment (Indigenous Workers) Convention, 1947 (No. 86) |
13.2.2003-13.2.2004 |
63. Among the responses received from among the 38 member States that still are party to the three older Conventions, one(66) recently ratified Convention No. 169 and three(67) stated that they were considering ratification. Three member States seemed less positive.(68) Two of these member States(69) stated that they were contemplating denunciation of the outdated corresponding Conventions. A denunciation of Convention No. 64 by one of these member States was recently registered.(70)
|
Conventions proposed for ratification |
Conventions proposed for denunciation |
Periods for denunciation |
|
Indigenous and Tribal Peoples Convention, 1989 (No. 169) |
Penal Sanctions (Indigenous Workers) Convention, 1939 (No. 65) |
8.7.1998-8.7.1999 |
|
Abolition of Penal Sanctions (Indigenous Workers) Convention, 1955 (No. 104) |
7.6.1998-7.6.1999 |
64. Since March 1996, three States parties to Convention No. 65 or 104 have ratified Convention No. 169,(71) one of which also indicated that the process of denunciation of Convention No. 104 had been initiated.(72) The process of ratification of Convention No. 169 was under way or under discussion in four countries,(73) of which two(74) were also considering the denunciation of Convention No. 104. The ratification prospects for Convention No. 169 did not seem so positive in the reports of five member States.(75)
65. It should be noted that the denunciation periods for two of the older Conventions are open or will soon be so. Consideration could therefore be given to whether further follow-up action in this area should be undertaken.
66. In summary, it seems relevant to emphasize, as did the Chairperson of the Working Party on Policy regarding the Revision of Standards in the Committee on the Application of Standards of the International Labour Conference in June 1997, that the success of follow-up measures is entirely dependent on the will and active role of governments and the social partners. However, the follow-up action requested from member States in the form of ratification and denunciation of internationally undertaken obligations necessarily involves rather lengthy procedures at the national level. It is therefore rather early -- less than one year since its inception -- to evaluate the full effects of this follow-up action.
67. Nevertheless, this specific action has already produced results. Overall, some ten ratifications and a similar number of denunciations have occurred since the follow-up action began. Furthermore, the observations submitted by member States seem to indicate that some 40 ratifications of up-to-date Conventions may be forthcoming, which could result in a similar number of denunciations of outdated Conventions. Together with the results already obtained so far, this would represent a further significant step towards the effective implementation of the decisions on policy regarding the revision of standards. It is also encouraging that, with very few exceptions, member States have provided clear indications that this follow-up action has induced a dialogue with the social partners on the subjects in question.(76)
68. The ongoing programme of work of the Working Party includes the examination of the Conventions concerning seafarers and fishermen, which is expected to be concluded at the meeting of the Working Party during the present session of the Governing Body.(77) As noted earlier, the Joint Maritime Commission (JMC) will have an important role in follow-up on these decisions.
69. A first group of Recommendations will be examined at the present meeting of the Working Party using the methodology adopted in November 1998. The issue of appropriate follow-up action on decisions concerning Recommendations will be addressed at a later stage. A report is in preparation on methods of revision, to be submitted to the Working Party in November 1999, which will examine the current procedures for the revision of ILO instruments in view of the need to ensure effective implementation of the Governing Body's decisions on policy regarding the revision of standards.
70. As for the planned follow-up action on the recommendations of the Working Party, and as already noted, the cooperation of all the units and officials concerned, in particular the specialists of the multidisciplinary teams, is indispensable if appropriate effect is to be given to the decisions on policy regarding the revision of standards. Within the limits of the resources currently available, such cooperation has been requested for targeted action. Ideally, the Office would envisage engaging in a more continuous dialogue with member States with a view to identifying with them the standards that remain relevant and those that are obsolete; providing them with information on other up-to-date standards; helping them to evaluate the obstacles and difficulties encountered in the ratification of these Conventions; and inviting them to denounce the corresponding outdated Conventions, as the case may be.
71. In this context and in view of the information in the present report, the Working Party is invited to consider future priorities with respect to follow-up on its recommendations. One option would be to pursue the follow-up action already initiated for the promotion of the revised Conventions by undertaking more specifically targeted action in closer cooperation with the multidisciplinary teams, regional and area offices and technical departments. This action could focus on some of the areas covered, such as minimum age or indigenous workers, and possibly also labour statistics, occupational safety and health, night work and employment services. Follow-up on the 24 Conventions on social security could also be comprised in this action. Another option would be to undertake follow-up on the recommendations to promote up-to-date Conventions, and if so, to pursue the practice of engaging in written consultations with member States.
72. The Working Party will be regularly informed of progress made during consultations and of the results obtained. The Office suggests that an updated version of the Information note be presented to the Working Party at its meeting during the 276th Session of the Governing Body in November 1999, and that a detailed document on the follow-up action be presented to the Working Party at its meeting during the 277th Session of the Governing Body in March 2000.
73. The Working Party on Policy regarding the Revision of Standards is invited to take note of the information contained in this document and --
(a) to make recommendations to the Committee on Legal Issues and International Labour Standards on the future follow-up activities to be undertaken by the Office;
(b) to invite the Office to prepare a detailed document on the follow-up measures relating to policy regarding the revision of standards for its meeting in March 2000.
Geneva, 16 February 1999.
Point for decision: Paragraph 73.
1. The Working Party has examined detailed documents on this issue at previous meetings. See GB.268/LILS/WP/PRS/2 and GB.270/LILS/WP/PRS/1/1.
2. Appendix I.
3. GB.274/LILS/5.
4. GB.271/LILS/WP/PRS/2. See also below, following section.
5. Use of hazardous substances -- Revision of the White Lead (Painting) Convention, 1921 (No. 13), and the Benzene Convention, 1971 (No. 136); the Marking of Weight (Packages Transported by Vessels) Convention, 1929 (No. 27); the Guarding of Machinery Convention, 1963 (No. 119); the Maximum Weight Convention, 1967 (No. 127); and the Hours of Work and Rest Periods (Road Transport) Convention, 1979 (No. 153).
7. GB.274/2. The title of this item has changed to "Hazardous substances and products -- Revision of the White Lead (Painting) Convention, 1921 (No. 13), and the Benzene Convention, 1971 (No. 136).
8. The JMC advises the Governing Body on issues related to seafarers' working and living conditions suitable for standard setting.
9. GB.268/8/2, para. 7.
11. The six Conventions in the areas of hours of work and of occupational safety and health. See para. 11 above.
12. See below.
13. Recommended by the Working Party in November 1996 and based on the Migration for Employment Convention (Revised) (No. 97) and Recommendation (No. 86), 1949, and the Migrant Workers (Supplementary Provisions) Convention (No. 143) and Recommendation (No. 151), 1975.
14. Recommended by the Working Party in November 1996 and based on the Night Work (Women) Convention, 1919 (No. 4), the Night Work (Women) Convention (Revised), 1934 (No. 41), and the Night Work (Women) Convention (Revised), 1948 [and Protocol, 1990] (No. 89).
15. Recommended by the Working Party in November 1997 and based on the Dock Work Convention, 1973 (No. 137).
16. Recommended by the Working Party in November 1996 and based on the Hours of Work (Industry) Convention, 1919 (No. 1), and the Hours of Work (Commerce and Offices) Convention, 1930 (No. 30).
17. As requested during the March 1998 session of the Governing Body by a Worker member, GB.271/LILS/5(Rev.1), Appendix I to GB.271/11/2, para. 42.
18. See Appendix I, para. 15, including footnote 7.
19. Belgium.
20. Cf. GB.271/4/1 and GB.274/LILS/WP/PRS/3.
21. ILO: Labour administration, General Survey by the Committee of Experts on the Application of Conventions and Recommendations, Report III (Part 4B), International Labour Conference, 85th Session, Geneva, 1997, para. 263.
22. Modernisation des administrations du travail en Amérique centrale (MATAC).
23. http://www.ilo.org/public/english/50normes/comefrom/uptodate/index.htm.
25. GB.271/11/2, para. 8.
26. Since this follow-up action, the Working Party has also examined the Minimum Age (Trimmers and Stokers) Convention, 1921 (No. 15), at its session during the 273rd Session (November 1998) of the Governing Body.
27. As at 31.12.1998 the total number of ratifications of Convention No. 138 was 69.
28. Austria, Benin, Brazil, China, Colombia, Congo, Ecuador, Estonia, Japan, Lebanon, New Zealand, Panama, Switzerland, Syrian Arab Republic, Thailand, Turkey, United Kingdom. China reported that the situation with respect to the Hong Kong Special Administrative Region (SAR) was under examination
29. Benin, China, Colombia, Congo, Panama, Switzerland. In addition, Turkey reported having transmitted its instrument of ratification. Its ratification was registered on 30.10.1998.
30. Austria, Brazil, Estonia, Lebanon, Thailand, United Kingdom.
31. Japan and the Syrian Arab Republic reported on discrepancies between national legislation and Convention No. 138 which constituted a major obstacle to ratification of the latter. Ecuador and New Zealand declared not having the intention to ratify Convention No. 138 at present.
32. GB.265/LILS/WP/PRS/1.
34. Argentina.
35. Bulgaria.
36. Barbados, Cuba, New Zealand.
37. Nicaragua.
38. Syrian Arab Republic.
39. Netherlands.
40. Nicaragua.
41. Bulgaria, China, Mauritius, Panama, United Kingdom.
42. Croatia.
43. New Zealand, Belgium.
44. Dominican Republic, Finland, Lesotho
45. Belgium, Bulgaria.
46. Netherlands, Spain, Switzerland.
47. The subject-matter of Convention No. 169 was also considered to cover the main aspects of three other out-of-date Conventions concerning indigenous workers. The result of the follow-up related to these Conventions is examined in the following section.
48. See above para. 27.
49. Brazil.
50. Belgium, Panama, Portugal.
51. Cuba, Iraq, Syrian Arab Republic.
52. Peru, Luxembourg.
53. As at 31.12.1998 it had received six ratifications.
54. Panama, Estonia.
55. Cuba, Spain.
56. The Governing Body invited the States parties to Convention No. 45 to contemplate ratifying Convention No. 176 and possibly denouncing Convention No. 45.
57. Convention No. 176 entered into force on 5.6.1998 and had, as at 31.12.1998, received eight ratifications.
58. GB.267/LILS/4/2, para. 52.
59. See Appendix II.
60. Finland.
61. Austria, Belarus, Belgium, Lebanon, Zimbabwe.
62. Brazil, China, Cuba, Cyprus, Ecuador, Estonia, Italy, Panama, Portugal, Syrian Arab Republic, Turkey.
63. Belgium.
64. Austria, Brazil, Finland, Panama.
65. Cuba, Nicaragua.
66. Ecuador. Fiji and Guatemala have also ratified Convention No. 169 after the Governing Body decision in March 1996.
67. Belgium, New Zealand, Panama.
68. Japan, Mauritius, United Kingdom. China responded in the same vein with respect to the Hong Kong SAR.
69. Belgium (Conventions Nos. 50 and 64); Mauritius (Conventions Nos. 50, 64 and 86).
70. Belgium.
71. Ecuador, Fiji, Guatemala.
72. Ecuador.
73. Brazil, New Zealand, Panama, Portugal.
74. Brazil, Portugal.
75. Cuba, Mauritius, Syrian Arab Republic, United Kingdom. In addition, China, responded similarly on behalf of the Hong Kong SAR.
76. In most cases the views of the social partners have been specifically recorded in the observations submitted. In the few instances where observations received from member States have not reflected that consultations have been held, the Office has sent a reminder inviting such consultations.
77. As regards fishermen, the Working Party will at this session examine a proposal that the Tripartite Meeting on Safety and Health in the Fishing Industry, which is to be held from 13 to 17 December 1999, conduct a preliminary examination of the Conventions concerning fishermen.
Information note on the progress of work and decisions
taken concerning the revision of standards
Contents
- Conventions on fundamental rights at work and priority Conventions
- Prospective revisions
- Promotion of the ratification of revised Conventions
- Promotion of the ratification of up-to-date Conventions
- Shelving, abrogation and withdrawal of Conventions
- Other Conventions
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 on the state of the work and decisions taken concerning the revision of standards. This updated information note takes into account the decisions of the Governing Body through its 273rd Session (November 1998).
2. 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.(1) 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 seven meetings (November 1995, March and November 1996, March and November 1997, March and November 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 development of follow-up measures that the Governing Body decisions require.
3. Until now, the Working Party has conducted individual examinations of 147 Conventions. Decisions have been taken by the Governing Body for 124 of these Conventions.(2) 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. Moreover, the Working Party held a preliminary discussion on the examination of recommendations and approved the methodology to be followed in that respect.
I. Conventions on fundamental rights at work
and priority Conventions
4. The Governing Body confirmed the central role of 11 Conventions within the ILO standards system. It considered that these Conventions remain fully relevant and up to date, and that there was no reason to contemplate their revision.
(a) Seven Conventions on fundamental rights at work
|
Subject-matter |
Conventions proposed for ratification |
|
Freedom of association |
Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87)
|
|
Forced labour |
Forced Labour Convention, 1930 (No. 29)
|
|
Non-discrimination |
Equal Remuneration Convention, 1951 (No. 100)
|
|
Minimum age |
Minimum Age Convention, 1973 (No. 138) |
5. The Governing Body decision strengthens the essential role and function of these Conventions, as recognized by the World Summit on Social Development in Copenhagen (March 1995). The principles contained in these Conventions are the substance of the ILO Declaration on Fundamental Principles and Rights at Work and its Follow-up. A ratification campaign is under way which is aimed at the universal ratification of these Conventions.(3)
(b) Four priority Conventions
|
Subject-matter |
Conventions proposed for ratification |
|
Employment policy |
Employment Policy Convention, 1964 (No. 122) |
|
Labour inspection |
Labour Inspection Convention, 1947 (No. 81)
|
|
Tripartite consultation |
Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) |
6. The Governing Body decided in 1993(4) that detailed reports on the application of these Conventions be requested every two years for their examination by the Committee of Experts on the Application of Conventions and Recommendations.
A. Decisions to revise
7. Thus far, proposals for revision have been approved by the Governing Body with respect to 14 Conventions.
(a) Twelve proposals are final
|
Subject-matter |
Conventions proposed for revision |
|
Hours of work |
Hours of Work and Rest Periods (Road Transport) Convention, 1979 (No. 153) |
|
Occupational safety and health |
White Lead (Painting) Convention, 1921 (No. 13)
|
|
Maternity protection |
Maternity Protection Convention, 1919 (No. 3)
|
|
Night work of children and young persons |
Night Work of Young Persons (Industry) Convention, 1919 (No. 6)
|
|
Seafarers -- Conditions for admission to employment |
Medical Examination of Young Persons (Sea) Convention, 1921 (No. 16) |
8. The question of revision of the instruments on maternity protection is already on the agenda of the Conference for 1999. The Working Party has recommended that Convention No. 3 be taken into consideration in this context. In addition, the States which have ratified both Conventions Nos. 3 and 103 have been invited to examine the possibility of denouncing Convention No. 3.
(b) Two proposals are conditional
|
Subject-matter |
Conventions proposed for revision |
|
Hours of work |
Sheet-Glass Works Convention, 1934 (No. 43)
|
9. 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
10. 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 need for revision of these instruments as follows.
11. 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 General Surveys based on such reports.
|
Subject-matter |
Conventions |
General Survey |
|
Migrant workers |
Migration for Employment Convention (Revised), 1949 (No. 97)
|
Requested for 1999 |
|
Hours of work |
Hours of Work (Industry) Convention, 1919 (No. 1)
|
Year to be determined |
|
Night work of women |
Night Work (Women) Convention, 1919 (No. 4)
|
Requested for 2000 |
|
Dockers |
Dock Work Convention, 1973 (No. 137) |
Requested for 2001 |
12. Short surveys. The Governing Body has requested the Office to undertake short surveys concerning three Conventions.
|
Subject-matter |
Conventions |
|
Employment security |
Termination of Employment Convention, 1982 (No. 158) |
|
Paid leave |
Holidays with Pay Convention (Revised), 1970 (No. 132)
|
13. 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.
|
Subject-matter |
Conventions |
|
Social security |
Invalidity, Old-Age and Survivors' Benefits Convention, 1967 (No. 128)
|
|
Employment of children and young persons |
Medical Examination of Young Persons (Industry) Convention, 1946 (No. 77)
|
III. Promotion of the ratification of revised Conventions
14. The Governing Body considered that 42 Conventions, of the 147 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 or delay the ratification of the recent instruments. In its November 1997 decisions, the Governing Body emphasized the importance of taking steps to promote the ratification of revised or up-to-date Conventions rather than earlier or obsolete ones.
15. 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.(7)
16. 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).
17. The revised Conventions have not always attracted a large number of ratifications, and in certain cases the older Conventions have remained in force. The Working Party has made proposals aimed at reactivating the ratification of revised Conventions and the denunciation, at the same time, of such older Conventions.(8) The Governing Body has decided accordingly in the following cases:
|
Subject-matter |
Conventions proposed for ratification |
Conventions proposed for denunciation |
|
Employment services |
Private Employment Agencies Convention, 1997 (No. 181) (9) |
Fee-Charging Employment Agencies Convention, 1933 (No. 34) |
|
Labour statistics |
Labour Statistics Convention, 1985 (No. 160) |
Convention concerning Statistics of Wages and Hours of Work, 1938 (No. 63) |
|
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) |
|
Paid leave |
Holidays with Pay Convention (Revised), 1970 (No. 132) |
Holidays with Pay Convention, 1936 (No. 52)
|
|
Social security |
Employment Injury Benefits Convention, 1964 (No. 121) [Schedule I amended in 1980] |
Workmen's Compensation (Accidents) Convention, 1925 (No. 17)
|
|
Medical Care and Sickness Benefits Convention, 1969 (No. 130) |
Sickness Insurance (Industry) Convention, 1927 (No. 24)
| |
|
Invalidity, Old-Age and Survivors' Benefits Convention, 1967 (No. 128) |
Old-Age Insurance (Industry, etc.) Convention, 1933 (No. 35)
| |
|
Employment Promotion and Protection against Unemployment Convention, 1988 (No. 168) |
Unemployment Provision Convention, 1934 (No. 44) | |
|
Maintenance of Social Security Rights Convention, 1982 (No. 157) |
Maintenance of Migrants' Pension Rights Convention, 1935 (No. 48) | |
|
Occupational safety and health |
Occupational Safety and Health (Dock Work) Convention, 1979 (No. 152) |
Protection against Accidents (Dockers) Convention, 1929 (No. 28)
|
|
Safety and Health in Construction Convention, 1988 (No. 167) |
Safety Provisions (Building) Convention, 1937 (No. 62) | |
|
Employment of women |
Night Work (Women) Convention (Revised), 1948 [and Protocol, 1990] (No. 89),
or
|
Night Work (Women) Convention, 1919 (No. 4),
and/or
|
|
Minimum age |
Minimum Age Convention, 1973 (No. 138) (10) |
Minimum Age (Industry) Convention, 1919 (No. 5)
|
|
Indigenous and tribal peoples |
Indigenous and Tribal Peoples Convention, 1989 (No. 169) |
Indigenous and Tribal Populations Convention, 1957 (No. 107) |
|
Seafarers -- Training and entry into employment |
Recruitment and Placement of Seafarers' Convention, 1996 (No. 179) |
Placing of Seamen Convention, 1920 (No. 9) |
|
Seafarers -- Minimum age |
Minimum Age Convention, 1973 (No. 138) |
Minimum Age (Trimmers and Stokers) Convention, 1921 (No. 15) |
18. In addition, in the case of the Equality of Treatment (Accident Compensation) Convention, 1925 (No. 19), the Governing Body invited the States party to this Convention to contemplate ratifying the Equality of Treatment (Social Security) Convention, 1962 (No. 118), accepting the obligations of Convention No. 118 in particular in respect of its branch (g) (employment injury benefit).
19. In eight other cases, although the previous Convention had not been formally revised, the Governing Body decided, as regards the States party to such Conventions, to promote the ratification of the recent corresponding Convention and the denunciation, at the same time, of the earlier Convention.
|
Subject-matter |
Conventions proposed for ratification |
Conventions proposed for denunciation |
|
Night work |
Night Work Convention, 1990 (No. 171) |
Night Work (Bakeries) Convention, 1925 (No. 20) |
|
Underground work |
Safety and Health in Mines Convention, 1995 (No. 176) |
Underground Work (Women) Convention, 1935 (No. 45) (11) |
|
Migrant workers |
Migration for Employment Convention (Revised), 1949 (No. 97) |
Inspection of Emigrants Convention, 1926 (No. 21) |
|
Indigenous workers |
Indigenous and Tribal Peoples Convention, 1989 (No. 169),
and/or
|
Recruiting of Indigenous Workers Convention, 1936 (No. 50)
|
|
Indigenous and Tribal Peoples Convention, 1989 (No. 169) |
Penal Sanctions (Indigenous Workers) Convention, 1939 (No. 65)
|
20. In the case of four Conventions relating to workers in non-metropolitan territories, the Governing Body asked the Office to engage in consultations with the governments concerned.(12) These Conventions will be re-examined by the Working Party at a later stage, taking into account the outcome of these consultations. 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
21. In the case of the following 25 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.
22. With respect to 11 Conventions, the Governing Body has invited the member States to contemplate ratifying the Convention.
|
Subject-matter |
Conventions proposed for ratification |
|
Equality of opportunity and treatment |
Workers with Family Responsibilities Convention, 1981 (No. 156) |
|
Employment |
Human Resources Development Convention, 1975 (No. 142)
|
|
Labour administration |
Labour Administration Convention, 1978 (No. 150) |
|
Wages |
Labour Clauses (Public Contracts) Convention, 1949 (No. 94)
|
|
Weekly rest |
Weekly Rest (Industry) Convention, 1921 (No. 14)
|
|
Occupational safety and health |
Hygiene (Commerce and Offices) Convention, 1964 (No. 120)
|
|
Plantations |
Plantations Convention, 1958 [and Protocol, 1982] (No. 110) |
23. As concerns 14 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.
|
Subject-matter |
Conventions proposed for ratification |
|
Freedom of association |
Workers' Representatives Convention, 1971 (No. 135)
|
|
Labour relations |
Collective Bargaining Convention, 1981 (No. 154) |
|
Wages |
Minimum Wage Fixing Convention, 1970 (No. 131) |
|
Paid leave |
Paid Educational Leave Convention, 1974 (No. 140) (13) |
|
Occupational safety and health |
Radiation Protection Convention, 1960 (No. 115)
|
|
Social security |
Equality of Treatment (Social Security) Convention, 1962 (No. 118)
|
|
Nursing personnel |
Nursing Personnel Convention, 1977 (No. 149) |
|
Seafarers |
Continuity of Employment (Seafarers) Convention, 1976 (No. 145) |
24. 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 was 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 and withdrawal
of Conventions
A. Decisions to shelve
25. 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 following 26 Conventions.
|
Subject-matter |
Conventions shelved |
|
Employment service |
Fee-Charging Employment Agencies Convention, 1933 (No. 34) |
|
Hours of work |
Hours of Work (Coal Mines) Convention, 1931 (No. 31)
|
|
Night work |
Night Work (Bakeries) Convention, 1925 (No. 20) |
|
Occupational safety and health |
Protection against Accidents (Dockers) Convention, 1929 (No. 28) |
|
Social security |
Old-Age Insurance (Industry, etc.) Convention, 1933 (No. 35)
|
|
Minimum age |
Minimum Age (Non-Industrial Employment) Convention (Revised), 1937 (No. 60) |
|
Migrant workers |
Inspection of Emigrants Convention, 1926 (No. 21)
|
|
Indigenous workers |
Recruiting of Indigenous Workers Convention, 1936 (No. 50)
|
|
Seafarers -- Minimum age |
Minimum Age (Trimmers and Stokers) Convention, 1921 (No. 15) |
26. 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 decisions to shelve
27. The Governing Body further decided to postpone the decision to shelve ten Conventions.
28. 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 these Conventions has decreased.
29. As regards Conventions Nos. 32 and 62 (occupational safety and health), 24, 25 and 44 (social security), the States party 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, namely 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).
30. 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
31. 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 Conventions or Recommendations. The Constitution has been amended to enable 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 a decision, or, if such a consensus cannot be reached, take a decision by a four-fifths majority of its members.(14) Following the amendment of its Standing Orders,(15) the Conference can also 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.
32. The Governing Body has retained four shelved Conventions as candidates for a possible abrogation:(16)
- Hours of work: Convention No. 67;
- Occupational safety and health: Convention No. 28;
- Minimum age: Conventions Nos. 15 and 60.
33. 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.
34. Status quo. Regarding the following eight Conventions, the Governing Body decided to maintain the status quo, considering that no other type of decision was appropriate.
|
Subject-matter |
Conventions |
|
Employment policy |
Unemployment Convention, 1919 (No. 2) |
|
Employment services |
Employment Service Convention, 1948 (No. 88) |
|
Social policy |
Social Policy (Basic Aims and Standards) Convention, 1962 (No. 117) |
|
Wages |
Minimum Wage-Fixing Machinery Convention, 1928 (No. 26)
|
|
Hours of work |
Forty-Hour Week Convention, 1935 (No. 47) |
|
Employment injury benefits |
Workmen's Compensation (Agriculture) Convention, 1921 (No. 12) |
|
Dock workers |
Dock Work Convention, 1973 (No. 137) |
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 revised or up-to-date Conventions and to invite the member States to denounce at the same time, as appropriate, the corresponding older, outdated Conventions. The Office has been 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.
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. The mandate of the Working Party is annexed to GB.267/LILS/WP/PRS/2.
2. The text of the decisions appears in GB.264/9/2, GB.265/8/2, GB.267/9/2, GB.268/8/2, GB.270/9/2, GB.271/11/2 and GB.273/8/2. The factual background and analysis of the Conventions examined are contained in GB.265/LILS/WP/PRS/1, GB.267/LILS/WP/PRS/2, GB.268/LILS/WP/PRS/1, GB.270/LILS/WP/PRS/2, GB.271/LILS/WP/PRS/1, GB.271/LILS/WP/PRS/2, GB.271/4/2, GB.273/LILS/WP/PRS/2 and GB.273/LILS/WP/PRS/4.
3. GB.271/LILS/6. See also the updated version of this document submitted to the Governing Body at its present session.
4. GB.258/6/19, Annex I.
5. The Governing Body has also decided to promote the ratification of this Convention. See below, para. 26.
6. The request for information on the need for revision of Conventions Nos. 77, 78 and 124 includes the question of their possible consolidation.
7. The technical modalities for denunciation vary from one instrument to the other. Conventions incorporating the standard final provisions state that ratification of the revised Convention shall ipso jure involve the immediate denunciation of the former Convention. Where the Conference has decided otherwise, however, and for Conventions adopted before 1929 that did not contain this provision, denunciation is not automatic. In such cases, 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 according to the Convention.
8. See above, footnote No. 7.
9. The Governing Body has invited the States party to the Fee-Charging Employment Agencies Convention, 1949 (No. 96) to contemplate ratifying, as appropriate, the Private Employment Agencies Convention, 1997 (No. 181). It also decided that the Working Party would re-examine the status of Convention No. 96 in due course.
10. The Governing Body invited, on a priority basis, the States party to earlier Conventions on minimum age to contemplate ratifying Convention No. 138, with recourse to technical assistance as required.
11. The Governing Body invited the States party to Convention No. 45 to contemplate ratifying Convention No. 176 and possibly denouncing Convention No. 45.
- 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.
Ratifications and denunciations registered between
1 November 1995 and 31 December 1998
Ratifications registered between 1 November 1995
and 31 December 1998
|
| ||
|
Conventions |
Country |
Date of ratification |
|
| ||
|
I. Conventions on fundamental rights at work and priority Conventions | ||
|
Forced Labour Convention, 1930 (No. 29) |
Estonia
|
07.02.1996
|
|
Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) |
South Africa
|
19.02.1996
|
|
Right to Organise and Collective Bargaining Convention, 1949 (No. 98) |
South Africa
|
19.02.1996
|
|
Equal Remuneration Convention, 1951 (No. 100) |
Estonia
|
10.05.1996
|
|
Abolition of Forced Labour Convention, 1957 (No. 105) |
Estonia
|
07.02.1996
|
|
Discrimination (Employment and Occupation) Convention, 1958 (No. 111) |
Moldova, Republic of
|
12.08.1996
|
|
Minimum Age Convention, 1973 (No. 138) |
El Salvador
|
23.01.1996
|
|
Labour Inspection Convention, 1947 (No. 81) |
Moldova, Republic of
|
12.08.1996
|
|
Employment Policy Convention, 1964 (No. 122) |
Moldova, Republic of
|
12.08.1996
|
|
Labour Inspection (Agriculture) Convention, 1969 (No. 129) |
Belgium
|
08.09.1997
|
|
Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) |
Moldova, Republic of
|
12.08.1996
|
|
II. Prospective revisions |
||
|
Maternity Protection Convention (Revised), 1952 (No. 103) |
Moldova, Republic of
|
14.02.1997
|
|
Maximum Weight Convention, 1967 (No. 127) |
Moldova, Republic of |
09.12.1997 |
|
Holidays with Pay Convention (Revised), 1970 (No. 132) |
Czech Republic
|
23.08.1996
|
|
Paid Educational Leave Convention, 1974 (No. 140) |
Zimbabwe |
27.08.1998 |
|
Termination of Employment Convention, 1982 (No. 158) |
Portugal
|
27.11.1995
|
|
III. Promotion of the ratification of revised Conventions | ||
|
Fee-Charging Employment Agencies Convention (Revised), 1949 (No. 96) |
Argentina |
19.09.1996 |
|
Social Policy (Basic Aims and Standards) Convention, 1962 (No. 117) |
Moldova, Republic of
|
12.08.1996
|
|
Holidays with Pay Convention (Revised), 1970 (No. 132) |
See also Requests for additional information |
|
|
Minimum Age Convention, 1973 (No. 138) |
See also Conventions on fundamental rights at work |
|
|
Occupational Safety and Health (Dock Work) Convention, 1979 (No. 152) |
Netherlands |
13.05.1998 |
|
Labour Statistics Convention, 1985 (No. 160) |
Canada
|
22.11.1995
|
|
Safety and Health in Construction Convention, 1988 (No. 167) |
Finland
|
23.01.1997
|
|
Indigenous and Tribal Peoples Convention, 1989 (No. 169) |
Denmark
|
22.02.1996
|
|
Night Work Convention, 1990 (No. 171) |
Portugal
|
27.11.1995
|
|
Safety and Health in Mines Convention, 1995 (No. 176) |
Spain
|
22.05.1997
|
|
Recruitment and Placement of Seafarers Convention, 1996 (No. 179) |
Philippines |
13.03.1998 |
|
IV. Promotion of the ratification of up-to-date Conventions | ||
|
Labour Clauses (Public Contracts) Convention, 1949 (No. 94) |
Norway |
12.02.1996 |
|
Protection of Wages Convention, 1949 (No. 95) |
Moldova, Republic of
|
12.08.1996
|
|
Workers' Representatives Convention, 1971 (No. 135) |
Cyprus
|
03.01.1996
|
|
Occupational Cancer Convention, 1974 (No. 139) |
Belgium |
11.10.1996 |
|
Paid Educational Leave Convention, 1974 (No. 140) |
See also Requests for additional information |
|
|
Rural Workers' Organisations Convention, 1975 (No. 141) |
Burkina Faso |
25.08.1998 |
|
Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148) |
Guatemala
|
22.02.1996
|
|
Labour Administration Convention, 1978 (No. 150) |
Namibia
|
28.06.1996
|
|
Labour Relations (Public Service) Convention, 1978 (No. 151) |
Greece
|
29.07.1996
|
|
Occupational Safety and Health (Dock Work) Convention, 1979 (No. 152) |
Netherlands |
13.05.1998 |
|
Collective Bargaining Convention, 1981 (No. 154) |
Suriname
|
05.06.1996
|
|
Occupational Safety and Health Convention, 1981 (No. 155) |
Kazakhstan
|
30.07.1996
|
|
Workers with Family Responsibilities Convention, 1981 (No. 156) |
Russian Federation
|
13.02.1998
|
|
Vocational Rehabilitation and Employment (Disabled Persons) Convention, 1983 (No. 159) |
Cuba
|
03.10.1996
|
|
V. Conventions concerning seafarers and fishermen | ||
|
Food and Catering (Ships' Crews) Convention, 1946 (No. 68) |
Equatorial Guinea |
23.04.1996 |
|
Accommodation of Crews Convention (Revised), 1949 (No. 92) |
Equatorial Guinea |
23.04.1996 |
|
Seafarers' Identity Documents Convention, 1958 (No. 108) |
Sri Lanka
|
24.11.1995
|
|
Prevention of Accidents (Seafarers) Convention, 1970 (No. 134) |
Brazil |
25.07.1996 |
|
Merchant Shipping (Minimum Standards) Convention, 1976 (No. 147) |
Croatia
|
19.07.1996
|
|
Seafarers' Welfare Convention, 1987 (No. 163) |
Brazil |
04.03.1997 |
|
Health Protection and Medical Care (Seafarers) Convention, 1987 (No. 164) |
Brazil |
04.03.1997 |
|
Repatriation of Seafarers Convention (Revised), 1987 (No. 166) |
Guyana
|
10.06.1996
|
|
Recruitment and Placement of Seafarers Convention, 1996 (No. 179) |
See also Promotion of the ratification of revised Conventions |
|
|
VI. Other Conventions | ||
|
Forty-Hour Week Convention, 1935 (No. 47) |
Moldova, Republic of |
09.12.1997 |
|
Employment Service Convention, 1948 (No. 88) |
Moldova, Republic of
|
12.08.1996
|
|
Social Policy (Basic Aims and Standards) Convention, 1962 (No. 117) |
Moldova, Republic of
|
12.08.1996
|
|
Occupational Health Services Convention, 1985 (No. 161) |
Burkina Faso
|
25.08.1997
|
|
Asbestos Convention, 1986 (No. 162) |
Belgium |
11.10.1996 |
|
Chemicals Convention, 1990 (No. 170) |
Brazil
|
23.12.1996
|
|
Working Conditions (Hotels and Restaurants) Convention, 1991 (No. 172) |
Guyana
|
20.08.1996
|
|
Prevention of Major Industrial Accidents Convention, 1993 (No. 174) |
Armenia
|
03.01.1996
|
|
Part-Time Work Convention, 1994 (No. 175) |
Mauritius
|
14.06.1996
|
|
Protocol of 1995 to the Labour Inspection Convention, 1947 (No. 81) |
Finland
|
09.06.1997
|
|
| ||
Denunciations registered between 1 November 1995
and 31 December 1998 of Conventions that have
been shelved or revised
|
| ||
|
Conventions |
Country |
Date of registration of
|
|
| ||
|
Maternity Protection Convention, 1919 (No. 3) |
Chile |
03.10.1997 |
|
Night Work (Women) Convention, 1919 (No. 4) |
Peru |
05.02.1997 |
|
Minimum Age (Industry) Convention, 1919 (No. 5) |
Argentina
|
11.11.1996
|
|
Minimum Age (Sea) Convention, 1920 (No. 7) |
Argentina
|
11.11.1996
|
|
Placing of Seamen Convention, 1920 (No. 9) |
Australia |
31.08.1998 |
|
Minimum Age (Agriculture) Convention, 1921 (No. 10) |
Argentina
|
11.11.1996
|
|
Minimum Age (Trimmers and Stokers) Convention, 1921 (No. 15) |
Argentina
|
11.11.1996
|
|
Night Work (Bakeries) Convention, 1925 (No. 20) |
Peru
|
18.06.1996
|
|
Inspection of Emigrants Convention, 1926 (No. 21) |
Belgium |
14.08.1998 |
|
Protection against Accidents (Dockers) Convention (Revised), 1932 (No. 32) |
Netherlands |
13.05.1998 |
|
Minimum Age (Non-Industrial Employment) Convention, 1932 (No. 33) |
Argentina |
11.11.1996 |
|
Fee-Charging Employment Agencies Convention, 1933 (No. 34) |
Argentina |
19.09.1996 |
|
Night Work (Women) Convention (Revised), 1934 (No. 41) |
Peru |
13.01.1997 |
|
Underground Work (Women) Convention, 1935 (No. 45) |
Chile
|
30.05.1997
|
|
Holidays with Pay Convention, 1936 (No. 52) |
Czech Republic
|
23.08.1996
|
|
Minimum Age (Industry) Convention (Revised), 1937 (No. 59) |
Albania
|
16.02.1998
|
|
Safety Provisions (Building) Convention, 1937 (No. 62) |
Finland |
23.01.1997 |
|
Convention concerning Statistics of Wages and Hours of Work, 1938 (No. 63) |
Canada
|
22.11.1995
|
|
Contracts of Employment (Indigenous Workers) Convention, 1939 (No. 64) |
Belgium |
18.11.1998 |
|
Holidays with Pay (Agriculture) Convention, 1952 (No. 101) |
Hungary
|
19.08.1998
|
|
Indigenous and Tribal Populations Convention, 1957 (No. 107) |
Ecuador |
15.05.1998 |
|
Minimum Age (Underground Work) Convention, 1965 (No. 123) |
Jordan |
23.03.1998 |
|
Denunciations of other Conventions | ||
|
Termination of Employment Convention, 1982 (No. 158) |
Brazil |
20.11.1996 |
|
Minimum Age (Fishermen) Convention, 1959 (No. 112) |
Denmark
|
13.11.1997
|
|
| ||
13. The Governing Body has also decided that a short survey be undertaken on this Convention. See above, para. 12.
14. 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. By 31 December 1998, 21 member States had ratified or accepted this amendment: Bahrain, Barbados, Canada, China, Cyprus, Dominica, Ecuador, Finland, Hungary, Republic of Korea, Kuwait, Malaysia, Mauritius, Mexico, Nepal, Qatar, San Marino, Saudi Arabia, Slovakia, Sri Lanka, Zambia.
15. New Article 45bis of the Standing Orders of the Conference. See ILC, 85th Session, Geneva 1997, Record of Proceedings, p. 250.
16. Before the meaning of this term had been clarified in GB.267/LILS/WP/PRS/1.