ILO is a specialized agency of the United Nations
ILO-en-strap
Governing Body

GB.276/2
276th Session
Geneva, November 1999

SECOND ITEM ON THE AGENDA

Proposals for the agenda of the 90th Session (2002)
of the International Labour Conference

Contents

Summary of the proposals

I. Developed proposals

II. Proposals for revision

III. Other proposals

Summary of the proposals

1. Since its November 1997 session, the Governing Body has had before it a portfolio of proposals intended for the first discussion of the items to be placed on the agenda of the Conference. According to the guidelines and directions given by the Governing Body, the content of the portfolio is regularly being updated. In this updating process account is taken of recent developments and of the views expressed by the governments of member States and the representatives of the employers' and workers' organizations in the Governing Body, and through direct annual consultations, which have been held since 1997.

(a) Consultations with constituents

2. Since the beginning of this consultation process, over 100 member States from all regions have contributed to the development of the portfolio. In the majority of the replies constituents have expressed their satisfaction at being consulted directly. The views communicated often contain detailed opinions and included reasons for specific proposals in the portfolio as well as new suggestions. In this year's consultations and at the time of writing (24 September) the Office has received the views of 61 governments and of employers' organizations.(1) 

3. A considerable number of replies refer to preliminary tripartite consultations held at the national level. In several cases, the separate opinions of the national employers' and workers' organizations are appended to the governments' replies. It therefore appears that consultations on the portfolio are contributing to the promotion of social dialogue and in keeping with the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144), and Recommendation, 1976 (No. 152).

(b) Restructuring of the portfolio around strategic objectives

4. In response to requests expressed by constituents in the Governing Body as well as in the consultations, the structure of the portfolio has been further developed. It now carries a new first part which contains developed proposals. In order to reflect the new directions given by the Director-General in his Programme and Budget proposals for 2000-01, these developed proposals have been structured around the four strategic objectives which will orient the future activities of the ILO. This new structure could also provide the appropriate framework for a more thematic approach to the proposals in the portfolio, should such an approach be thought desirable.

(c) Emphasis on proposals for revision

5. Another change has been to single out, in a new second part of the portfolio, the proposals for revision of Conventions resulting from the work of the Working Party on Policy regarding the Revision of Standards, which all concern the social protection objective. This is intended to enable the Governing Body to ensure follow-up on its earlier decisions. Such an emphasis on revisions has been requested by a number of constituents, in particular in the most recent consultations.(2) 

6. At the same time, some questions have been raised on the most appropriate ways to proceed with these revisions. The Office has taken into account the calls for a more comprehensive approach, particularly in the field of occupational safety and health. Therefore, in almost all cases several optional methods for implementing the decisions to revise outdated Conventions have been proposed. This is the case, for instance, in the section on the use of hazardous substances (Revision of Conventions Nos. 13 and 136). In order to ensure appropriate follow-up on the decisions for revision, a more general analysis of the merits and limitations of different methods for revising ILO instruments will be examined by the Working Party at the present session.(3)  The results of this examination will help the Office and the Governing Body evaluate the most appropriate options for further development of the proposals for revision.

(d) Changes in the content of the portfolio

7. The regular updating and development of the proposals has resulted in the following main changes in the content of the portfolio. First, in response to priorities expressed in the consultations and in the Governing Body, the Office has taken up and developed further four proposals, concerning The informal sector, Labour market consequences of ageing, Privatization of public enterprises and Migrant workers. These proposals now appear in the new first part of the portfolio as developed proposals. Secondly, among the developed proposals, further thinking and research has resulted in a review of the focus of the sections on the Social dimensions of sustainable peace-building and Investment and employment. The titles of two developed proposals have been amended in order clearer to reflect the content of the proposal. As regards the Recording and notification of occupational accidents and diseases the Office is now presenting an additional third option on standard-setting action in this field. As regards the items for revision, the decision by the Governing Body to revise Conventions Nos. 16 and 73 is reflected in the introduction of a new revision item on the Medical examination of seafarers. Finally, under the heading "Other proposals" a new proposal, entitled Work and family has been introduced at the suggestion of one Government(4)  in the most recent round of consultations. Three proposals(5)  to examine the situation of International service providers has been taken up in the context of migrant workers. One item has been removed from the portfolio.(6) 

8. In order to keep the portfolio up to date, the Office relies on the Governing Body to provide guidelines on the proposals it considers to be a priority and on which further research should be undertaken; on the questions which in its view should be removed from the portfolio; and on the changes that should be made to the titles and content of certain detailed proposals. Furthermore, among the other proposals listed in the third part of this document, a number of suggestions or ideas could be enlarged and incorporated into the developed proposals to be submitted to the Governing Body in November 2000.

(e) Level of preparation of the proposals

9. The portfolio responds to the need to establish a programme of work covering several years so as to ensure better preparation for the work of the Conference. It therefore includes proposals at very different stages of development. One of the advantages of this portfolio is its presentation of a more varied range of subjects to the Governing Body than in the past. The Office has, however, taken note of the concerns expressed that this form of presentation might induce the Governing Body to select items which could not be sufficiently prepared to be the focus of standard-setting action or even of a general discussion at the Conference. In order to provide clearer guidance in this respect, a new introductory paragraph to each of the proposals has been inserted which describes its state of development. The Office has also drawn up the list below of those proposals which, in its opinion, are sufficiently developed to be ready for inclusion in the agenda of the 90th Session (2002) of the Conference.

(f) Agenda of the 90th Session (2002) of the Conference

10. During this 90th Session (2002) the Conference will have before it the following standing agenda items:

11. Furthermore, the agenda of the 89th Session (2001) of the Conference, as drawn up by the Governing Body at its 274th Session (March 1999), includes the following three items: (1) Safety and health in agriculture (second discussion); (2) Promotion of cooperatives (first discussion); and (3) Social security -- Issues, challenges and prospects (general discussion). At the Conference in 2002, a second discussion would therefore take place on the question of the promotion of cooperatives.

12. It is also recalled that at its 86th Session, the International Labour Conference adopted a "resolution concerning the possible adoption of international instruments for the protection of workers in the situations identified by the Committee on Contract Labour" which invited the Governing Body "to place these issues on the agenda of a future session of the International Labour Conference with a view to the possible adoption of a Convention supplemented by a Recommendation if such adoption is, according to the normal procedures, considered necessary by that Conference. The Governing Body is also invited to take this action so that this process is completed no later than four years from now".(7)  This item should therefore be placed on the agenda of the Conference in 2002.

(g) Purpose of the first discussion

13. The Governing Body is invited to hold a first discussion of the proposals in the portfolio in the framework of the provisions of article 10, paragraph 1, of the Standing Orders of the Governing Body with a view to selecting certain items for closer scrutiny at its 277th Session (March 2000). For that session, and based on this selection, the concise statement on law and practice stipulated in article 10, paragraph 2, of the Standing Orders of the Governing Body will be prepared, as appropriate. In March 2000 the Governing Body will then determine which item will be selected to complete the agenda of the 90th Session (2002) of the Conference.

14. At the present session, the Governing Body may wish to examine more closely certain proposals for which sufficient preparatory work has been done to be able to place them on the agenda of the Conference in the year 2002. The Office considers that the following proposals are at such an advanced stage of preparation:

(a) New measures concerning discrimination in employment and occupation -- Extension of the grounds on which discrimination is prohibited in Article 1 of Convention No. 111.

(b) Employment of women.

(c) The informal sector.

(d) Investment and employment.

(e) Migrant workers.

(f) Recording and notification of occupational accidents and diseases.

(g) New trends in the prevention and resolution of labour disputes.

(h) The use of hazardous substances -- Revision of Conventions Nos. 13 and 136.

15. Items (a) and (f) have been formulated with a view to the adoption of new standards, and item (h) is a proposal for the revision of standards. The proposal in (e) is for a general discussion to assess the need for future standard-setting action or the revision of existing instruments in this field. The remaining proposals are submitted with a view to a general discussion.

16. It should be recalled that, for logistical and administrative reasons, the Conference can only deal with two standard-setting items at the same Conference.

17. As two items for the adoption of standards are already on the agenda of the 90th Session (2002) of the Conference, the Governing Body will thus only have to select one additional technical item, which should be an item intended for a general discussion or a revision item, in order to complete the agenda.

18. In addition to selecting the items for closer scrutiny at its 277th Session (March 2000), the Governing Body is invited to indicate which other proposals should take priority for research work and consultations by the Office in order to advance their level of preparation, taking into account the resources and time necessary for this to be done.

19. In order to draw up the agenda of the 90th Session (2002) of the Conference and to develop the portfolio, the Governing Body is invited --

(a) to examine the portfolio of proposals for the agenda of the Conference;

(b) to indicate the proposals for which it wishes research work and consultations to be accelerated;

(c) to select the proposals to be examined in greater depth at its 277th Session (March 2000), when it will finalize the agenda of the 90th Session (2002) of the International Labour Conference.

* * *

I. Developed proposals

A. Fundamental principles and rights at work

1. New measures concerning discrimination in employment
and occupation -- Extension of the grounds on which
discrimination is prohibited in Article 1 of Convention No. 111

20. This item, which is proposed for standard setting, was submitted for the first time to the Governing Body in November 1996.(8)  On the basis of a more developed proposal, it was short-listed in November 1998. The present proposal has been slightly modified, and in particular the title changed, in order to clarify that the standard-setting action proposed is an optional extension of the grounds on which discrimination is prohibited by means of the adoption of an additional Protocol to Convention No. 111. This Protocol would not affect the substance of Convention No. 111. This proposal could be ready for inclusion in the agenda of the 90th Session (2002) of the Conference.

21. In its 1996 Special Survey on the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), the Committee of Experts on the Application of Conventions and Recommendations recommended that consideration be given to adopting an additional Protocol to the Convention that would cover two points: (1) to extend the grounds on which discrimination was prohibited under the Convention, taking account of changes which have taken place in this field and are reflected in national law, as well as incorporating prohibited grounds of discrimination already covered in other ILO Conventions; and (2) to allow countries to undertake to reverse the burden of proof, under some circumstances, in cases of alleged discrimination.

22. The Committee of Experts suggested the adoption of a Protocol that could be ratified in addition to the Convention, either by countries that had already ratified it, or at the time of ratification. The optional nature of such a Protocol would preserve the current framework of the Convention. The Committee of Experts referred in this context to the extension of the application of the Labour Inspection Convention, 1947 (No. 81), by way of the adoption of an additional Protocol in 1995.(9)  There appears to be general agreement that this approach would be the preferred one should the subject be addressed.

23. As regards additional grounds of discrimination, the Committee of Experts found that there had been a significant increase in the grounds on which discrimination is prohibited in ILO standards and in the national law and practice of a number of States, beyond the seven grounds already listed in Convention No. 111. That Convention requires ratifying States to take action against discrimination in employment and occupation on the basis of race, colour, sex, religion, political opinion, national extraction or social origin. The Committee found, however, that there were sufficient indications in national laws on discrimination, or in other ILO Conventions, to merit the adoption of an additional Protocol that would allow States to undertake further obligations in respect of some or all of the following criteria (listed in alphabetical order): age, disability, family responsibilities, language, matrimonial status, nationality, property, sexual orientation, state of health and trade union affiliation.

24. While the detailed findings of the Committee of Experts are not reproduced here,(10)  they provide substantial indications that these additional grounds of prohibited discrimination are being used increasingly in national legislation. Information is included in a large number of national reports under article 22 of the Constitution on the application of Convention No. 111 to this effect. It may be recalled that the Convention was adopted in 1958, before the principal standards on different kinds of discrimination were adopted by the United Nations, adding additional prohibited grounds in international law.(11)  In the nearly 40 years since then, this subject has also evolved at the national level, leading a number of States to expand protection in their national law.

25. Renewed attention should be directed to the fact that the Committee of Experts also devoted considerable attention in the Special Survey to the additional grounds of discrimination that are covered in other ILO standards.(12)  Even though Convention No. 111 is the ILO's principal instrument on the prevention of discrimination, it does not cover many of the areas on which ILO standards offer the strongest -- and often the only -- protection in international law. On such subjects as age, disability, family responsibilities, trade union affiliation or nationality and migrant status, protection against discrimination in employment and occupation is found in other ILO standards, but not in Convention No. 111. The adoption of a suitable Protocol would allow the consolidation of protection, and added coherence in the ILO's advisory and supervisory efforts on the subject. This may be a particularly important point in the context of the ILO's work in revising its body of standards and rendering them more coherent.

26. In addition, the Committee of Experts felt that there was a need to examine the burden of proof as an element for a Protocol. The Committee noted that it is often impossible, in practical terms, for the victim to prove discrimination. A number of States have adopted legislation or regulations that allow the burden of proof to be reversed in some cases in which discrimination has been alleged, so as to place on the person against whom discrimination is alleged the burden of proving that the disadvantageous treatment was not based on any of the prohibited grounds, where the complaint has produced plausible or prima facie evidence of discrimination. Measures have also been taken by courts in a growing number of countries to reverse the burden of proof in such circumstances; and work on a proposed European Directive on this question has been proceeding since 1995, with adoption predicted in the near future. In the previous discussion, little weight was placed on this question; and while it is relevant to the question of extended grounds, it need not be considered on the same footing if the Governing Body considers the former question to be of greater urgency.

27. The Governing Body is therefore invited to give further consideration to the proposal by the Committee of Experts to examine an additional Protocol to Convention No. 111 on possible added grounds of discrimination. The Committee recommended that the Governing Body and the Conference consider two alternative solutions in this respect. The first would be to allow States to ratify the additional Protocol and to choose which of the added grounds listed in it they wished to accept as further obligations under the Convention (see the indicative list above). The second possibility would be to adopt a list of "core" grounds that would have to be accepted when ratifying the additional Protocol, and allowing States to decide to accept others from the list as well. As noted, this procedure would preserve the current framework of the Convention. It would contain additional grounds of prohibited discrimination found in national legislation in a number of countries, in a certain number of other standards adopted by the Conference, and in the instruments adopted by other organizations, including by the United Nations in the International Covenant on Economic, Social and Cultural Rights, and in that on Civil and Political Rights, as well as in other human rights standards.

28. As indicated above, the source of the proposal was the Special Survey by the Committee of Experts, at its 1996 session, of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111). The Committee found that the Convention, one of the fundamental ILO standards, should be extended to cover grounds of discrimination that have emerged in national and international legislation since its adoption in 1958, and to add an additional method of protection against discrimination by reversal of the burden of proof in appropriate cases.

29. This would be an additional Protocol to Convention No. 111 and would not modify the substance of the Convention.

30. The other ILO standards which cover grounds not included in Convention No. 111 were listed in the Special Survey.(13)  For example, as regards age, the Committee listed seven Conventions and four Recommendations that include this as a prohibited ground of discrimination. The criterion of nationality is included in four Conventions and four Recommendations; and in addition the Committee found it to be "fundamental to the standards relating to migrants and [...] provisions intended to ensure them equality of opportunity and treatment and/or protection against discrimination are therefore included in the corresponding instruments", including six ILO Conventions and four Recommendations.(14)  The ILO instruments in which the other proposed grounds included are listed in the Special Survey.

31. On another aspect of the relation to existing Conventions, it was pointed out by the Committee of Experts that a provision already exists in Convention No. 111 allowing governments to undertake obligations with regard to grounds other than those detailed in the Convention. Article 1(1)(b) states that the definition of discrimination can be modified to include any other distinction, exclusion or preference which may be determined by the government of the ratifying country after consultation with representative employers' and workers' organizations. While one speaker in a previous discussion(15)  would have preferred that this route be pursued, the Committee of Experts suggested the additional Protocol as a better way of allowing States to extend the grounds covered by the Convention. It may also be noted that suggestions by the Committee of Experts to governments that they have recourse to Article 1(1)(b) have not yet met with a positive response.

32. It may be expected that this additional Protocol would have several important differences from Article 1(1)(b). It could include clear indications of how the determination referred to in Article 1(1)(b) should be made or communicated to the Committee of Experts which the text of the Convention does not do. Furthermore, there is no obligation on governments which have ratified the Convention to undertake any formal consultation on the grounds of discrimination under Convention No. 111, and they do not appear in fact to carry out consultations in this regard.

33. Upon adoption, an additional Protocol would have to be submitted to the competent authorities of all member States in the same manner as Conventions and Recommendations, and would therefore have to be considered formally by governments. Ratification of the additional Protocol would also constitute a public commitment to the grounds specified by the government ratifying it, providing a rallying point for action concerning the prevention of discrimination in employment and occupation. Depending on national legal systems, it would embed the grounds selected in national law as well as in international commitments, in a way that a voluntary declaration under Article 1 of the Convention would not. Finally, there is no contradiction between the approach of ratifying an additional Protocol and that of making additional declarations under Article 1 of the Convention -- they would be compatible and could be complementary if governments were to begin using the declaration procedure allowed for in the Convention.

34. During the discussions in the Governing Body as well as in the context of the consultations on the portfolio held so far, this proposal has received the support of 52 governments(16)  and of the Workers' group, while five governments(17)  and the Employers' group have stated their objections thereto.

35. If the Governing Body so decides, the Office would be prepared to move ahead quickly to examine a possible Protocol, on the basis of information already available in the Office (principally legislation forwarded in the context of reports on Convention No. 111 and on the other ILO standards covering various grounds of discrimination). This proposal could be ready to be selected for inclusion in the agenda of the 90th Session (2002) of the Conference.

* * *

B. Employment

2. Employment of women

36. This item was submitted for the first time in November 1997, and was short-listed in March 1998 and 1999. The present proposal, which is aimed at a general discussion on this subject, has remained unchanged since November 1998, when it was updated to take into account comments made in the consultations. This proposal could be ready to be selected for inclusion in the agenda of the 90th Session (2002) of the Conference.

37. One of the most striking phenomena of the twentieth century has been the extent to which women have increased their share of paid employment. Since the 1980s, women have been providing the bulk of all new labour supply in the world at the same time as men's level of economic activity has been consistently falling. With globalization, revolutionary advances in information and communications technology and modern service economies, women appear to be the winners. However, progress towards gender equality needs to be assessed in terms of several basic questions:

38. These questions could be put more simply: Have quantitative increases in female employment been matched by qualitative improvements in working conditions? There is no denying that women have come a long way, but why do some old barriers to equality remain impenetrable and why are new ones raised? A disproportionate number of women are engaged in employment that is atypical: part-time, temporary, casual work, involving unusual or irregular hours, or done on a contract or piece-rate basis. These jobs are poorly paid, insecure and often unsafe. Essentially, they are dead-end jobs which offer little scope for upgrading skills and no career prospects. There are also new and growing highly vulnerable groups: female heads of households, migrant women, indigenous women, and the extremely poor are just some of the groups of women who do not appear to be able to escape in any meaningful or sustainable way from falling victim to discrimination and marginalization. In times of high or rising unemployment, women still tend to be the first and most severely affected. Even those women who have succeeded in attaining professional and managerial jobs continue to find it a struggle as men close ranks against them.

39. Whatever their employment status, women still bear the bulk of family responsibilities. A growing number of companies are now implementing family-friendly policies. The challenge, however, is to convince employers, especially of smaller enterprises, that such policies are not a cost of hiring female rather than male workers; and to encourage not only women but also men workers to make use of such policies without fearing that it will be construed as lack of commitment to their work or justification for denying them promotion opportunities. With dual-earner couples increasingly becoming the norm, it is also essential that men assume a more equitable share of the domestic burden.

40. Most countries now have put in place legislative and administrative measures and programmes to eliminate discrimination and promote equality of opportunity and treatment. Enforcement of these measures has been premised on the idea that the government would be a major and model employer, that there would be clear employer-employee relationships, that women workers would be represented by trade unions and that collective bargaining would protect and improve their rights and entitlements. The problem is that these assumptions are increasingly irrelevant as employment for women (and for some men) has changed tremendously in terms of work organization, working time and working life, employment contracts, skill requirements and arrangements for training and social security, etc.

41. Progress towards the achievement of equality of opportunity and treatment has been far from continuous or sustained. In times of economic growth and prosperity, equality is paid more than mere lip service, and resources are devoted to its promotion. However, in periods of transition, recession or downturn, efforts to promote equality are minimized and the measures to enable women to better balance work and family responsibilities are often among the first to be abandoned. Moreover, women are less inclined to seek redress for discrimination in troubled economic periods for fear of retaliation that could result in a loss of employment. Cyclical adherence to this most fundamental human right has thus resulted in slow and uneven progress towards gender equality, and there is sometimes a distinct reversal of whatever gains have been made. With the threats of a global financial crisis or depression looming ever larger, the question cannot be avoided of whether women will be the major losers.

42. To address the critical issues raised above, it is proposed that the subject of women's employment be included in the portfolio, with a view to a general discussion. A general discussion will provide an important and timely basis for the social partners to identify the special areas in which the ILO could take a leading role to end gender discrimination in employment and occupation. This discussion would also be significant in the light of follow-up on the ILO Declaration on Fundamental Principles and Rights at Work.

43. The general discussion could cover topics dealing with how global trends and developments have led to changes in labour markets and in the nature of jobs and how they affect men and women, both in the world of work and as regards their social relationships and family responsibilities. It can also help identify where in-depth research needs to be done to identify more precisely, for example, how many and what types of jobs are being created or destroyed, why jobs remain seemingly earmarked for women or men, which groups of women (and men) are most vulnerable to unemployment, marginalization and exploitation, and why it is that gender equality appears to be so difficult to achieve. The experience of the social partners will be invaluable in reviewing the effectiveness of current arrangements for the promotion of gender equality, and in determining how the ILO can become more visible globally, and more influential nationally, as an organization that places a high priority on the elimination of gender discrimination.

44. A proposal to consider "Equality and employment for women in the context of globalization and structural change" was proposed for a general discussion at the 1996 International Labour Conference and supported by three governments.(18)  It was again proposed for a general discussion for the Conference in 1998, and the Workers' group expressed its support for it.

45. This proposal on the employment of women is integrally linked to several existing international labour standards. The most significant are the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), and the Equal Remuneration Convention, 1951 (No. 100): these Conventions are central to the elimination of discrimination, as endorsed in the Declaration on Fundamental Principles and Rights at Work. Other important Conventions are the Workers with Family Responsibilities Convention, 1981 (No. 156), and the Part-Time Work Convention, 1994 (No. 175).

46. The ILO Declaration on Fundamental Principles and Rights at Work, adopted by the Conference in June 1998, is also relevant to women's employment.

47. The promotion of gender equality in employment and occupation has been a continuing major activity of the Office. A substantial amount of background materials is therefore already available, in terms of: (i) in-depth research on specific topics related to women's employment (for example, recent publications on gender and jobs, breaking through the glass ceiling, vulnerable groups such as migrant women and those in the sex sector, etc.); (ii) gender disaggregated data on key indicators of the labour market (the KILM project) at the global, regional and national levels; and (iii) information from the large number of technical cooperation activities dealing with various dimensions of gender equality.

48. The ILO's International Programme on More and Better Jobs for Women will be able to provide an evaluation and assessment of the results achieved in formulating and implementing national action plans for more and better jobs for women. The global programme is also in the process of preparing several manuals on good practices for the promotion of more and better jobs for women, dealing with equal pay, discrimination, the protection of vulnerable groups, sexual harassment, and family friendly policies, etc. and the identification of what works in different national contexts, what does not and why. These manuals are being prepared on the basis of the systematic collation and evaluation of policies and programmes of the social partners in different countries, monitoring and evaluation reports of technical cooperation activities, and a review of information from other international organizations and NGOs, etc. The Office is therefore relatively well-placed to provide the materials for a general discussion on the proposed item.

49. In the course of the discussions in the Governing Body as well as in the consultations on the portfolio held so far, 37 governments(19)  and the employers' organizations have supported this proposal. Two governments(20)  have considered that it requires a more specific focus and two others(21)  have stated their opposition to it. One Government(22)  has proposed to change the title to "the influence of economic and social policies on women's employment". Three additional proposals regarding the scope of the subject have been made: to consider legal protection of women working in a rural environment;(23)  to deal with this item within an integrated approach to the themes in the employment sector;(24)  and to include the question of the education and training aspects of promoting equality of opportunities.(25) 

3. The informal sector

50. This item is proposed for a general discussion. A consideration of this issue was relaunched by the Director-General in his Report to the Conference in 1991. In the context of the portfolio, it was initially taken up under "other proposals". Based on support for this proposal from constituents in the consultations and in the Governing Body, the Office has focused attention on this item and a developed proposal is now submitted for the first time. It could be ready to be selected for inclusion in the agenda of the 90th Session (2002) of the Conference.

51. The explosive growth of the informal sector at the end of the twentieth century has been one of the greatest concerns and perhaps one of the least understood aspects of changing national and global labour markets. Paradoxically, the informal sector seems to grow during times of economic growth as well as in times of economic decline, albeit in different segments or sub-sectors: micro-enterprises flourish in good times, while people turn more to survival strategies as own-account (self-employed) or dependent workers in bad times. The sector is vast and heterogenous, and comprises both dynamic enterprises as well as those operating under subsistence conditions. Even in developed countries all these segments coexist and continue to grow. There are also many grey areas wherein the informal sector appears to be part of a continuum embracing subcontracting and flexible work arrangements with and in the formal sector.

52. The informal sector is seen by many both as a problem due to its unregulated and amorphous character and as a solution, since it acts as a sponge for those unable to find employment in the formal sector of the economy. In many developing countries it provides employment for the majority of workers and up to 90 per cent of new entrants into the labour market. The growth of the informal sector is being fuelled by macroeconomic forces ranging from structural adjustment, privatization and liberalization at the national level, as well as the processes of globalization and informalization at the global level.

53. Development and gender are cross-cutting issues. Women comprise a disproportionate number of workers in the informal sector and are concentrated in the poorest and most vulnerable segments. Child labour is also rife, including some of the most intolerable forms.

54. Based on the ILO's long experience, a number of key issues for discussion come to the fore.

55. First are macroeconomic and sectoral policy issues ranging from the methods of addressing distortions arising from globalization and informalization to national and local issues related to space and security, investment policies (e.g. infrastructure and agriculture), social protection, formal and informal linkages, coverage by labour legislation, regulation and market failures. These require a review of the concept and definition, statistical and measurement issues, and methods to assess the magnitude and trends related to positive and negative policy impact at an early stage.

56. A second major concern is the issue of the organization and representation of informal sector workers, not only for engagement in social dialogue at the local and national levels, but also at the international level (including within the ILO itself). These representative structures provide a crucial and essential vehicle for voicing the basic needs and concerns of the informal sector and defending their interests collectively.

57. A third concern relates to the extension of the underlying principles of international labour standards to the informal sector, including the Declaration on Fundamental Principles and Rights at Work (freedom of association, collective bargaining, forced labour, discrimination and child labour) as well as existing Conventions and Recommendations of particular relevance. Consideration may be given to the possible development of a new instrument laying down these principles and guiding governments on how to apply them to the informal sector, either to specific segments such as street vendors or to the informal sector as a whole.

58. A fourth area requiring review and guidance from constituents concerns identifying suitable institutional and organizational structures for the delivery of, and increasing access to such services as micro-credit, occupational health and safety services, skill and technology upgrading, social protection, and business services. This may imply increasing ILO collaboration with local governments and municipalities, as an operational strategy to bring the informal sector closer to the formal economy.

59. The ILO coined the term "informal sector" in 1972 in an employment strategy mission to Kenya to describe the activities of the working poor. The Director-General relaunched a discussion on this issue in his 1991 Report to the 78th Session (1991) of the International Labour Conference, The dilemma of the informal sector. With the support of three governments it was taken up in the context of the portfolio in 1997.

60. This proposal is linked to a number of ILO instruments, first and foremost those included in the Declaration on Fundamental Principles and Rights at Work and its Follow-up. Other relevant instruments include the Employment Policy Convention, 1964 (No. 122), and the Employment Policy (Supplementary Provisions) Recommendation, 1984 (No. 169); the Employment Promotion and Protection against Unemployment Convention, 1988 (No. 168); the Social Policy (Basic Aims and Standards) Convention, 1962 (No. 117); the Minimum Wage Fixing Convention, 1970 (No. 131); the Home Work Convention (No. 177) and Recommendation (No. 184), 1996; the Private Employment Agencies Convention (No. 181) and Recommendation (No. 188), 1987; the Rural Workers' Organisations Convention, (No. 141) and Recommendation (No. 149), 1975; the Social Security (Minimum Standards) Convention, 1952 (No. 102), and the Job Creation in Small and Medium-Sized Enterprises Recommendation, 1998 (No. 189).

61. Following the Director-General's initiative in 1991, the International Conference of Labour Statisticians adopted in 1993 a resolution which defined the informal sector for statistical purposes and provided methodological guidelines for its statistical measurement. In the 1994-95 biennium, the ILO carried out an interdepartmental project on the informal sector which generated cross-sectoral cooperation within the ILO in addressing issues in an integrated way. The country reports and conclusions drawn provided a good platform for further action.

62. The Director-General's Report to the Conference in 1999, Decent work, reiterated the ILO's mandate and concern to reach out to all workers, in particular the working poor, and called on the ILO to open up new channels of representation and technical cooperation to address their problems and concerns. A major step in this direction was the ILO's International Symposium on Trade Unions and the Informal Sector (Geneva, October 1999) with the objective of setting an international agenda for organizing atypical workers and the working poor in the informal sector, particularly own-account (self-employed) and dependent workers. Some employer groups, most notably in India, have now also initiated efforts to assist in quality job creation in the informal sector, particularly in the micro-enterprise sub-sector.

63. During the last ten years, the ILO has made quite substantial efforts to promote the development of informal sector statistics among ILO constituents. These activities extended to all of three main work areas (standard setting, data collection and technical cooperation). During the coming years, substantial and concerted work will be carried out on the informal sector by the ILO, covering macroeconomic policy research, gender, micro-enterprise development, training, organization and representation, extending principles of core labour standards, the extension of social protection, safety and health at work, and data collection. Indeed, many InFocus programmes are actively planning activities specifically targeted at the informal sector. Expansion of the ILO's knowledge and database will be accompanied by pilot demonstration projects and policy advice to the extent that resources permit.

64. It is now generally agreed that the informal sector is here to stay and will play a critical role in employment generation for many years to come. The ILO can play a crucial role in the promotion of decent work in the informal sector, but this must be based on the profound support and clear guidance of its constituents.

65. In the course of discussions in the Governing Body and in the consultations on the portfolio held so far, 24 governments(26)  and the employers' organizations have expressed support for this proposal. Sixteen governments have responded favourably in the context of this year's consultations. One Government(27)  is opposed to the proposal. The workers' organizations have requested that the extension of social security protection to the informal sector be examined. A proposal has also been made to focus on occupational safety and health issues in the informal sector.(28) 

66. The year 2002 will mark 30 years since the term was first coined by the ILO. It would therefore be a suitable occasion for the Conference to take stock, through a general discussion, of the ILO's progress in reaching out to the world's working poor and to set future directions for ILO research and action.

4. Investment and employment

67. This item is proposed for a general discussion. It was proposed for the first time by the Employers' group at the 268th Session of the Governing Body in March 1997. It has been short-listed twice (1997 and 1998). The present proposal builds on the updated detailed proposal examined in March 1999 and has been updated. It could be ready to be selected for inclusion in the agenda of the 90th Session (2002) of the Conference.

68. Globalization has strengthened the importance of private investment at the national level. Globally, foreign direct investment (FDI), which companies make to only a limited number of countries, has largely replaced public investment, such as development aid. The share of portfolio investments has increased. These trends have a considerable impact on the level and structure of economic growth, employment and income distribution.

69. Investment is a crucial element in the process of employment generation and output growth. Since then, concern has only intensified about how labour markets that remain local are affected by capital markets that are increasingly global. Governments, trade unions and employers' organizations have several means to encourage investments in general, especially those with positive employment effects, even though the role of a State as an investor and provider of finance for investments has decreased radically. Changes in the composition, location and sources of finance for investments have affected the selection of available means to influence the investment decisions that are taken primarily in enterprises.

70. The debate on investment and employment is motivated by the underlying question of how more and better jobs can be generated from investment in the changing context of decision-making, especially in areas where they are needed most: in least developed countries; in less developed regions within countries; and in smaller enterprises.

71. A general discussion on the topic might include the following aspects:

72. Following a request by the Employers' group at the November 1996 session of the Governing Body, this subject has been submitted for examination by the Governing Body since the 1997 portfolio with a view to a general discussion at the Conference.

73. The instruments adopted by the ILO in this area include the Employment Policy Convention, 1964 (No. 122), and Recommendation, 1964 (No. 122), as well as the Employment Policy (Supplementary Provisions) Recommendation, 1984 (No. 169).

74. A working paper on the topic Economic growth and investment was published in 1996. For the current biennium, an action programme on Globalization, area-based enterprise development and employment is under way.

75. In the course of the discussions in the Governing Body and in the consultations on the portfolio held so far, 58 governments(29)  have expressed support for this proposal while one Government(30)  has objected to it. While the majority view is to favour a general discussion on this item, a few proposals for standard- setting action have been made.(31)  The employers' organizations have noted that, as currently formulated, they could no longer support this proposal. Their original proposal had changed to such a degree that "the outcome would end up deterring investment rather than promoting it". They reiterated support for a general discussion -- not standard setting -- on this topic as originally proposed.

76. This issue will be part of the ILO's work programme in the 2000-01 biennium, and the Office would be prepared for a Conference discussion in 2002.

5. Labour market consequences of ageing

77. This item, proposed for a general discussion, stems from a government initiative during the November 1997 session of the Governing Body. It was listed under "Other proposals" in the 1998 portfolio. With the support from constituents in the consultations and in the Governing Body, this proposal has now been developed and is presented for the first time. It could be ready to be selected for inclusion in the agenda at the earliest for the 91st Session (2003) of the Conference.

78. With the continuing decline in fertility and the increase in life expectancy, the world population will age much faster over the next few decades. However, developments in the ageing of populations vary by region and level of development: while developing countries still have a young population that will age only gradually, populations in industrialized countries are relatively old and are rapidly growing older. Europe is, and is projected to remain, the area of the world most affected by ageing. However, there are other regions in the world in which the problem is also becoming more pressing, for example, Japan and China.

79. These demographic developments have important consequences for labour markets. As the supply of young people in the labour force is declining, the older workforce will have to remain additional years in the labour market, not only to prevent financial problems in pension systems, but also to avoid possible bottlenecks in the labour market. The demographic trends and their consequences will also lead to a reconsideration of the widespread practice of early retirement, especially in industrialized countries. In fact, the policy of reducing labour supply at the exit side of the labour market through early retirement has already been restricted in a number of countries. Instead of reductions in the labour supply, it is labour supply increases prompted by the prolongation of working life that are high on the political agenda.

80. While it seems that all the factors cited above point to the necessity to alter former supply reduction policies, there are many barriers which do not allow an easy reversal of labour supply reduction policies. First of all, companies faced with continuous restructuring are more inclined to downsize than to expand employment, and there is no indication that public employment is on the rise. In both public and private companies, downsizing is still accompanied by early retirement. Early retirement gives companies adjustment flexibility and secure income and status to those made redundant. It is therefore not yet clear how firms could maintain or hire older workers.

81. Another example of these barriers is insufficient growth often linked to the low employment intensity of economic growth. In this case, labour markets cannot expand in order to absorb or even maintain older workers in sufficient numbers. In addition, unemployment is in many countries not yet sufficiently low to absorb any increase in labour supply. That is also the reason why in many countries -- despite the new direction of the debate -- the trend towards earlier retirement continues. Early retirement policies are very often supported by the social partners. The support of the social partners will remain as long as the functional arguments -- that the trend of early retirement has led to a loss in human resources -- remains unconvincing in the face of companies looking for inexpensive adjustment both in monetary and social terms. This form of adjustment is also popular among workers who often prefer to retire early. Therefore, both companies and their older workforce have to be convinced that longer active periods result in gains.

82. In order to overcome the abovementioned barriers and to adjust to demographic developments, a proactive policy is required by companies, the social partners and the government, taking the following, in particular, into consideration:

83. This proposal results from a government initiative at the 271st Session (November 1997) of the Governing Body,(32)  and has been included in the portfolio since then under "Other proposals". In the course of the discussions in the Governing Body as well as in the consultations on the portfolio held so far, 22 governments(33)  and the employers' organizations have supported this item. One Government(34)  was opposed to it. In view of the interest for this item demonstrated by constituents in the consultations, this proposal was taken up by the Office for further research. This is the first time that a developed subject on this theme is being submitted to the Governing Body.

84. Older workers as a specific category requiring special attention and protection against discrimination are the subject of the Older Workers Recommendation, 1980 (No. 162), and they are also included in the Employment Policy (Supplementary Provisions) Recommendation, 1984 (No. 169).(35) 

85. Work carried out by the ILO in the early 1990s resulted in working papers on training for older workers and on selected OECD countries' experience regarding national and enterprise policies directed at the specific problems of older workers. Both the World Labour Report of 1995 and the World Employment Report of 1998 have taken up the issue. Recent employment and training papers make substantial contributions to the overall theme of ageing and its labour market consequences. A 1999 topical paper served as input for a special G8 conference on this theme in September 1999 in Tokyo.

86. The ageing of the workforce is an important topic, especially in OECD countries. The most critical effects of this process, however, have yet to come. The ILO needs to build up a solid knowledge base on this issue. Governments and social partners in all European countries have started to design and implement appropriate policies. The effects of these policies need to be closely watched by the ILO. Substantive research activities should be undertaken in several countries and regions. Relationships between the problems and needs of older workers and those of younger ones have also to be addressed. This issue could be considered for the Conference at a later stage, beyond 2002.

6. Privatization of public enterprises

87. This item stems from government initiatives in the 1997 consultations aimed at holding a general discussion. It was taken up under "Other proposals" in the 1998 portfolio. With support from constituents in the consultations and in the Governing Body, this proposal has now been developed and is presented for the first time. It could be ready to be selected for inclusion in the agenda at the earliest at the 91st Session (2003) of the Conference.

88. The privatization of previously state-controlled enterprises has been one of the important economic developments of the last 20 years. The privatization process accelerated rapidly in the late 1980s and the 1990s as a result of widespread economic restructuring provoked by the increasing pace of industrial globalization and the strong general trend towards market-based economic principles. There is every reason to believe that the pace of privatization will continue to be a major issue in the continuing efforts by many countries, not the least China and in Central and Eastern Europe, to restructure their economies in the face of increasing global competition and requirements for improved fiscal discipline.

89. Many countries are privatizing inefficient and loss-making state enterprises with a view to improving their competitiveness and reducing public sector deficits. However, inappropriate legal, financial and institutional frameworks, combined with ineffective management practices and lack of investment, have often meant that insufficient attention has been given to measures to deal with unemployment and the other negative social effects of privatization.

90. Nevertheless, privatization, when carried out properly, offers opportunities for further employment growth as well as providing better value to consumers and the public at large. The State benefits because it stops subsidizing loss-making enterprises and, if the privatization is successful, it also generates potential new corporate taxpayers.

91. Research carried out by the ILO also indicates, however, that privatization represents a unique opportunity to promote broad-based involvement in the economy, which can contribute to the smooth transition from a bureaucratic to a more efficient enterprise culture. In the medium term, it can also help to generate new jobs by facilitating the break-up of large enterprises into more competitive and viable small and medium enterprises.

92. As a central feature of the restructuring process, privatization can make an important contribution to creating the conditions for enhanced competitiveness and long-term employment growth. However, these are by no means inevitable results: privatization can, and frequently does, entail major social and employment costs.

93. Work by the ILO in a range of countries suggests that a number of conditions can lead to a more successful privatization process. These include: the transparency of the privatization process; a clear explanation of the potential economic benefits; securing the commitment of new owners to employment and investment issues; adequate compensation for retrenched workers; and training and redeployment services to enable skills development, labour mobility and job creation through enterprise creation and development, as well as self-employment. From an internal management perspective, studies show that unsuccessful enterprise restructuring, including privatization, is often caused by: the lack of a clearly and widely understood business strategy; the lack of any consistent commitment from top management; a focus on mere downsizing rather than real structural changes; and inadequate involvement and communications. A successful privatization and restructuring process takes account not only of strategy and structure, but also of human resources, culture, business systems and processes.

94. Evidence from the ILO studies(36)  underlines the fact that the involvement of all stakeholders in the privatization and restructuring processes is of particular importance for its success. The active participation of employee representatives and a clear understanding of market needs holds one of the keys to solving or easing many of the challenges of the privatization process. Yet evidence also shows that it is the issue of stakeholder involvement and participation which have so far fallen furthest short of their full potential. It is hence here that the focus needs to be concentrated in the future, thus providing a solid foundation on which an effective and socially sensitive process of privatization can be carried forward.

95. This item was proposed by two governments(37)  in the consultations on the portfolio in 1997.

96. The proposal is linked to a number of ILO instruments, first and foremost those included in the ILO Declaration on Fundamental Principles and Rights at Work. Other instruments include the Voluntary Conciliation and Arbitration Recommendation, 1951 (No. 92); the Employment Policy Convention, 1964 (No. 122), and the Employment Policy (Supplementary Provisions) Recommendation, 1984 (No. 169); the Labour Relations (Public Service) Convention (No. 151) and Recommendation (No. 159), 1978; the Termination of Employment Convention (No. 158) and Recommendation (No. 166), 1982; the Employment Promotion and Protection against Unemployment Convention, 1988 (No. 168); and the Job Creation in Small and Medium-Sized Enterprises Recommendation, 1998 (No. 189).

97. Privatization, restructuring and economic democracy were the subject of an Interdepartmental Action Programme (IPPRED) which was implemented during the 1996-97 biennium. This programme developed conceptual guidelines to enable ILO constituents and other stakeholders to understand the complexities of privatization and restructuring and to develop the managerial capacities to carry out these processes more effectively and equitably. The IPPRED produced some 27 technical papers, held seven policy workshops and several training programmes. A subregional programme for Asia is now being planned to disseminate the results of this work more widely. Work is also currently being carried out in the area of socially sensitive enterprise restructuring. Many of the good practice principles emerging from this work are directly relevant to privatization. ILO principles underlying the international labour standards as well as the Organization's experience in promoting good industrial relations can be of value in guiding enterprises through the difficulties of privatization.

98. In the course of discussions in the Governing Body and in the consultations on the portfolio held so far, 35 governments(38)  have expressed support for this proposal. One Government(39)  considered it was not a priority, while two governments(40)  and one employers' organization have opposed it . Suggestions have been made to consider this item jointly with either the proposal on public sector employment(41)  or with the proposal on investment and employment,(42)  or to change its focus, as reflected in a changed title "Modernization of the public sector".(43) 

99. As outlined earlier in this proposal, there is every reason to believe that privatization will continue to be a major issue in many countries in the years ahead and that there will continue to be strong demand for ILO services and advice in this area.

100. It would therefore be very timely to make privatization the subject of a general discussion at the Conference. Such a discussion would examine the economic and social impacts of privatization and seek to identify guiding principles for policy and practice in this area, with a focus on optimizing the economic and social benefits while mitigating the social costs. Such a discussion would provide valuable guidance to the Office's work in this area, and could also explore whether it would be useful to develop an instrument, most likely a Recommendation, to provide appropriate guidance to constituents on policy and practice in the area of privatization. The Office would be prepared for a Conference discussion in 2003.

7. Social dimensions of sustainable peace-building

101. This item originates in a government proposal in the 1997 consultations and was submitted to the Governing Body for the first time in November 1997.(44)  The objective of the present updated text is to consider holding a general discussion on possible ILO action in this area, which could include a consideration of future standard-setting action in this area. It could be ready to be selected for inclusion in the agenda of the 91st Session (2003) of the Conference.

102. The world is today experiencing an alarming number of armed conflicts, and by all accounts will continue to do so. A number of initiatives(45)  have been taken by the United Nations system in recent years aimed at strengthening its response to this trend. The ILO has been contributing to peace-building operations since its inception, and adopted the Recommendation concerning Employment Organisation (Transition from War to Peace), 1944 (No. 71), in the context of the Second World War. The ILO now faces new challenges and more demands for its assistance to the many conflict-affected member States and within the framework of the UN system's collaborative action.

103. With few exceptions, current conflicts are internal. Many of the warring factions make use of child soldiers. The use of anti-personnel land mines, poison gas, scatter bombs, etc. has become frequent in modern armed conflicts. These features have contributed to the extensive social, economic, physical, political and human damage. Some recent analyses(46)  point to armed conflict, more than any other factor, as being responsible in a number of countries for the rapid socio-economic decline, escalation in unemployment and poverty levels and general erosion of decent work.

104. The Organization's role so far and its ability to provide assistance and guidance to its constituents in grappling with the problems encountered by them in the conflict and post-conflict spheres have been constrained by the absence of a clear policy framework. Lack of such a policy has also limited the ILO's capacity to play effectively its expected role within the current United Nations coherent response. Some innovative approaches have been adopted, but more are required in a context characterized by the weak institutional capacity of the relevant labour-related structures, a general atmosphere of distrust, high levels of psychological trauma, and extensive population and other changes. Recent ILO studies(47)

  also show that employment promotion and other critical socio-economic processes remain seriously underemphasized in current peace-building efforts, with few exceptions. As observed by the UN Secretary-General in his Agenda for Peace (1992), the changed face of current conflicts obliges the UN system to be perceptive, adaptive, creative and courageous in its response.

105. The insights accumulated and the lessons learned from the ILO's own programmes and the different inter-agency initiatives in which the ILO has participated to support peace and reconciliation efforts, point to the need to understand first the origins, nature and impact of the conflict in a given country to permit the assistance to respond to them and thus avoid refuelling tension.

106. Areas of emphasis include labour and social policy formulation and its inclusion in peace accords, the reintegration of conflict-affected groups, the rebuilding of the country's institutional capacity and reservoir of skills, the reconstruction of the labour market infrastructure, the promotion of social dialogue and reconciliation, elaboration of social and economic policies and frameworks, the rebuilding of information systems, the rehabilitation of physical infrastructure and the provision of support for the broader aspects of the peace process.

107. A general discussion at the Conference of the ILO's role in the current major problem of armed conflicts and peace-building would allow for a full examination of the question and an assessment of the experience of the ILO and its constituents. It should identify measures to intensify the ILO's contribution to peace-building and to galvanize and inspire action by member States and social partners.

108. The specific issues to be addressed could include:

109. Experiences in recent years by the UN system, the Bretton Woods organizations, regional and other relevant institutions in relation to the conflict-affected context will form an essential framework for a full assessment of what needs to be done at the different levels.

110. This item, proposed for a general discussion, stems from a government suggestion in the 1997 consultations. It was listed under "Other proposals" in the 1998 portfolio. Following support in the consultations and by members of the Governing Body, a developed proposal is now presented for the first time. It could be ready to be selected for inclusion in the agenda at the earliest for the 91st Session (2003) of the Conference.

111. In addition to the Recommendation concerning Employment Organisation (Transition from War to Peace), 1944 (No. 71), the Social Security (Armed Forces) Recommendation, 1944 (No. 68), the Employment Service Recommendation, 1944 (No. 72), and the Public Works (National Planning) Recommendation, 1944 (No. 73), which were all adopted in Philadelphia, a number of other international labour standards are linked to this topic, including the Labour Administration Convention (No. 150) and Recommendation (No. 158), 1978; the Employment Policy Convention (No.122) and Recommendation (No. 122), 1964; the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), and Recommendation (No. 111), 1958; and the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87).

112. Under the Special Allocation for Peace and Democracy in Central America, 1993, authorized by the Governing Body, the ILO was able to participate directly in the Guatemalan peace negotiations at the request of the UN Secretary-General and the relevant local parties. It was the only UN specialized agency to play a key role in the Agreement on Identity and Rights of Indigenous Peoples and the Agreement on Socio-economic Matters and the Agrarian Situation which included several ILO standards and were the principal elements of the country's peace and final settlement signed in December 1996. Of the various bodies promoted under the different peace agreements, those supported by the ILO have been the most lasting and most active, including the Fundación del Trabajo in Panama, the Consejo Tripartito in El Salvador and the Comisión Tripartita in Guatemala. In addition, the ILO has gathered insights from research and seminars (conducted by the ILO Action Programme on Skills and Entrepreneurship Training for Countries Emerging from Armed Conflict (1996-97)), its earlier work on ex-combatants and recent attempts at designing rapid and comprehensive responses to a number of conflicts, such as those in Kosovo, Liberia, the Democratic Republic of the Congo and Guinea-Bissau.

113. The ILO has also implemented a number of technical assistance activities to help with the process of reconstruction in some of its conflict-affected member States. Some important initiatives undertaken involve the ILO's technical contribution to inter-agency programmes supporting peace and reconciliation efforts, such the PRODERE Programme (one of the largest Central America Post-Conflict Programmes) and its active participation in the UNOPS-managed trust fund created by UNDP during the World Summit for Social Development to promote sustainable human development at the local level in countries in special situations. The latter currently covers more than 20 countries affected by conflict and natural disasters. Local economic development has been promoted as a process to support peace and reconciliation through economic recovery in Albania, Angola, Bosnia and Herzegovina, Cambodia, Croatia, El Salvador, Guatemala, Haiti, Mozambique, Nicaragua, Somalia, Tajikistan, etc., where employment-intensive infrastructure reconstruction programmes have helped to provide temporary incomes and to revive local economies during reconstruction programmes.

114. A large number of insights, empirical country data and key products(48)  that should permit general discussion to take place have resulted from the completed ILO Action Programme on Skills and Entrepreneurship Training for Countries Emerging from Armed Conflict included in the Programme and Budget for 1996-97, the earlier work on ex-combatants, and operational programmes in conflict-affected countries in the different regions, including the work undertaken with the Special ILO Allocation for Peace and Democracy in Central America authorized by the Governing Body in 1993.

115. A database is being set up and follow-up action elaborated within the framework of the new InFocus programme, to strengthen the capacity of member States and other constituents in planning and implementing effective reintegration and socio-economic programmes for peace-building; and to strengthen institutional capacity in ministries of labour, employers' and workers' organizations and grass-roots associations.

116. Many constituents have expressed views concerning the urgent need for intensified ILO action and guidance on the conflict-affected context, peace-building and the roles of constituents in this sphere. The results of the various recent ILO studies, seminars, other consultations and deliberations by the ACC, ECOSOC and the General Assembly on the subject will help define in more precise terms the nature and scope of the general discussion and of the proposals for ensuing standard setting and other ILO activities.

117. In the course of the consultations on the portfolio held so far, 33 governments(49)  and the employers' organizations(50)  have supported this proposal, while two governments(51)  have proposed that this subject be taken out of the portfolio. Among those in favour, 21 governments stated their preference for a general discussion on this subject. Of these, one Government(52)  specifically wished to see the issue of child soldiers included in the considerations.

* * *

C. Social protection

8. Conditions of work of prisoners in the context of privatization

118. This item is proposed for standard setting. It was submitted to the Governing Body for the first time in November 1997 and thoroughly redrafted in November 1998. In view of the general observation by the Committee of Experts in 1998, this proposal could be ready to be selected for inclusion in the agenda at the earliest as of the 91st Session (2003) of the Conference.

119. In an increasing number of countries, prisons are being privatized, or private enterprise is being allowed or encouraged to open facilities that employ prisoners inside state-run prisons. In many of these situations, conditions of work do not correspond to a normal working relationship, and in a number of cases labour legislation does not apply at all. In many cases, wages, when they are paid, tend to be very low; hours of work and safety and health conditions are not regulated, and few or none of the normal employment-related benefits accrue in many cases. Laws protecting against violations of basic workers' rights, such as freedom from discrimination, are often not applicable to work carried out by prisoners. Finally, in an increasing number of cases, the products of prison labour enter into competition with the products of free labour. Thus, the extent to which prison labour should be entitled to the normal employment-related benefits needs to be examined, taking into account the potential exploitation of a captive workforce and the issue of unfair competition with a free workforce. It may be noted that this question is often dealt with by national ministries responsible for the administration of justice, without involving ministries of labour or the social partners.

120. As pointed out in the previous proposal on this subject, the Forced Labour Convention, 1930 (No. 29), provides that "any work or service extracted from any person as a consequence of a conviction in a court of law" is excluded from the definition of forced or compulsory labour in that Convention, but only on condition that this work is carried out "under the supervision and control of a public authority and that the said person not be hired to or placed at the disposal of private individuals, companies or associations" (Article 2, paragraph 2(c)). The Committee of Experts has made comments to a number of ratifying countries indicating that the arrangements being made are not in full conformity with the provisions of Convention No. 29.

121. In 1997, the Committee of Experts carried out a "mini-survey" concerning the application of the forced labour Conventions, which discussed several aspects of the problem, including some of the questions being raised here. The Committee noted that the increased number of prisoners working for private employers has an obvious effect on the application of the Convention, and that many prisoners who do work are covered by no labour law at all. Convention No. 29 is applicable to such situations only to the extent that prisoners are obliged to work in conditions contrary to the provisions of its Article 2(2)(c); but even in such situations the Convention gives no explicit guidance on conditions of work beyond the very limited provisions cited above. There are therefore situations in which prisoners have given their consent to carry out work for private employers, and their work is carried out "under the supervision and control of a public authority" as required by Convention No. 29, but where their conditions of work are not regulated by law or are inadequately regulated. In other situations, work is being carried out in contradiction to Convention No. 29, but that instrument may not have been ratified. Finally, the conditions under which the work is carried out may themselves involve some contradiction of Convention No. 29, for instance when formal consent has been given but the prisoner has no real options; or where wages and other conditions of work are so far removed from normal working conditions that the validity of the consent given is open to question.

122. The further analysis since the last examination of this question, which is reflected above, indicates that it would be best to deal with this subject under the section on "Conditions of work" rather than under "Basic human rights", as it was on the occasion of its first examination. This should also obviate any concern that standard-setting work in this field might enter into conflict with Convention No. 29, or that it might entail a partial revision of that fundamental human rights instrument, as this is not the intention.

123. This proposal was included in the 1987 report of the Ventejol Working Party. It was taken up again by the Office in the portfolio in 1997.

124. The forced labour aspects of this question should be left to Convention No. 29, which indicates the conditions under which prisoners can be required to work in prison; but Convention No. 29 gives insufficient guidance on the conditions of work when prisoners do work. The aspects of the question related to conditions of work have not been dealt with adequately in other international standards adopted by the ILO or by any other international organization, and would appear to lend themselves to normative action.

125. The report of the Ventejol Working Party in 1987 did not give rise at that time to any preparatory work by the Office. In 1998, the Committee of Experts drew particular attention to the question of prison labour through a general observation intended to elicit information from States bound by Convention No. 29 on the extent, nature and conditions under which prison labour is used. The Committee intends to return to its examination of the question when responses to its general observations have been received, in principle at its November-December 1999 session.

126. In the course of the consultations on the portfolio held so far, as well as in the discussions in the Governing Body, 41 governments(53)  have expressed support for this proposal while four governments(54)  have opposed it. One Government(55)  has proposed postponing action in this area. Among those in favour, ten governments(56)  have advocated standard-setting action, while five(57)  have favoured holding a general discussion on this theme. The workers' organizations have stated support for standard setting on this subject and the employers' organizations have proposed further research prior to considering a general discussion.

9. Migrant workers

127. Following the discussions at the International Labour Conference this year on the General Survey undertaken on this subject, this item is proposed for a general discussion in order to clarify the need for future standard-setting action, including the possible need for revision of Conventions Nos. 97 and 143. This developed proposal is presented for the first time and it could be ready to be selected for inclusion in the agenda of the 90th Session (2002) of the Conference.

128. In response to the low number and declining rate of ratifications of the ILO's instruments on migrant workers,(58)  the Committee of Experts on the Application of Conventions and Recommendations was requested by the Governing Body at its 267th Session (November 1996) to undertake a General Survey on the state of law and practice in member States in relation to the Migration for Employment (Revised) Convention, 1949 (No. 97), and Recommendation (No. 86); and the Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143), and Recommendation (No. 151). This was the first time that a General Survey was initiated with the specific aim of re-examining "the possibility of including the question of migrant workers on the agenda of a forthcoming session of the Conference for a general discussion, and also in order to clarify the possible need for revision of Conventions Nos. 97 and 143".(59) 

129. It is instructive to outline some of the most prominent changes that the Committee of Experts found have occurred in international migration since the adoption of the instruments and their effect on how these instruments are applied.(60)  First, the gender stereotypes which held when the instruments were drafted are no longer valid, and women now form an increasingly significant proportion of migrants for employment. The Committee showed concern, in particular, over the lack of protection which the instruments offer to women trafficked for work in the sex sector. Secondly, the commercialization of recruitment which has occurred in recent decades has led to a number of abusive practices, including the use of misleading propaganda, the extraction of sometimes exorbitant fees from potential migrants, the withholding of information and the confiscation of travel documents -- practices which may be insufficiently regulated by the instruments. Thirdly, the recent increase and diversification of temporary migration has had important ramifications, and the Committee questioned whether the instruments' blanket coverage of permanent and temporary migrant workers reflected the contemporary diversity of their situations. Fourthly, the effect of regional integration on the movement of workers across borders has been significant, and in particular the application of the provisions respecting equality of opportunity and treatment of workers from outside regional groupings raises, in the Committee's opinion, questions of principle which need to be addressed. Fifthly, the increase in irregular migration has introduced difficulties in the interpretation of several of the provisions, in particular in relation to the lack of definition of the fundamental rights of migrant workers. Finally, the growth of migration by air travel has meant that some provisions of the instruments, such as Article 5 of Convention No. 97 (which requires a medical examination both prior to departure from the home country and upon arrival in the host country) may be outdated. The Committee concluded its analysis of this point by stating that "this question should be considered in the framework of a Conference discussion on migration for employment".(61) 

130. In addition to the lacunae in Conventions Nos. 97 and 143 due to changes in practice, a comparison between national legislation and international labour standards relating to migrant workers has made it clear that other lacunae exist in these instruments. For example, they do not deal with the elaboration and establishment of a national migration policy, in consultation with employers' and workers' organizations, within the framework of national policy. Questions relating to migrant workers' contracts, which are of vital importance for protecting workers, are not addressed in the existing instruments. The same can be said of questions touching certain aspects of the payment of migrant workers' wages. Additionally, the Committee drew up a list of the provisions mentioned by governments in their reports as giving rise to difficulties and observed that nearly all of the provisions of the Conventions, the annexes and the relevant Recommendations were cited.(62)  In the Committee's opinion, certain difficulties cited ought not to constitute fundamental obstacles to the ratification of these Conventions and it seems to be generally agreed that the principles enshrined in these instruments are still valid.

131. The Office notes that three courses of action are possible:

(a) the Governing Body could decide to include the subject of migrant workers on the agenda of a future session of the Conference for a general discussion, with a view to reviewing and possibly revising the instruments, taking into account the number of ratifications obtained between now and then;

(b) the Governing Body could consider that it can proceed immediately to place the revision of Conventions Nos. 97 and 143 on the agenda of the International Labour Conference at some stage in the future;

(c) the third possibility consists in maintaining the existing Conventions, and simultaneously placing on the agenda the adoption of an additional Convention to address contemporary migration concerns.

132. It has emerged from the General Survey and the Conference discussion that Conventions Nos. 97 and 143 contain the right principles for protecting migrant workers, though in the current situation it may be questioned whether they are adequate to the task. A new and more relevant instrument may be necessary to protect migrant workers in the global labour market. Although a general trend appears to have emerged from the discussion of the General Survey towards revisions of Conventions Nos. 97 and 143, a clear consensus was not reached on this subject. The Office proposes, therefore, that a general discussion at the International Labour Conference would be useful to examine the question thoroughly and reach a common understanding on the most appropriate course to follow.

133. The ILO's long-standing concern for migrant workers was re-emphasized in 1996: first through the examination of Conventions Nos. 97 and 143 in the context of the Working Party on Policy regarding the Revision of Standards(63)  and also through discussions in connection with preparatory work for the Tripartite Meeting of Experts on Future ILO Activities in the Field of Migration which was held in April 1997.(64)  The Working Party's examination of these Conventions in 1996(65)  resulted in a decision that the Committee of Experts undertake the General Survey on the basis of reports provided by member States in accordance with article 19 of the Constitution. This General Survey has now been discussed at the Conference.

134. The question of revising the instruments concerning migrant workers stems directly from the conclusions of this General Survey. The Committee of Experts states that "without wishing to anticipate the final decision to be adopted by the Governing Body, the Committee suggests that the instruments be entirely revised in order to bring them up to date and, in so far as is technically possible, to merge them into a single Convention by the elaboration of a new Convention, designed to bridge the gaps in the current instruments".(66) 

135. Although the majority of speakers in the discussion of the General Survey during the Committee on the Application of Standards of the Conference in 1999 were inclined to agree with the proposal for revision, a clear consensus was not reached. The Worker members instead proposed the combined strategy given in paragraph 132(c) above (see also under Future prospects below).

136. It should be recalled that when the ILO was founded in 1919, the situation of workers employed abroad was addressed both in the Treaty of Versailles and in the Preamble to the Constitution of the ILO, and that the ILO Declaration on Fundamental Principles and Rights at Work, adopted by the International Labour Conference on 18 June 1998, reaffirms the need for the Organization to pay special attention to the protection of migrant workers, who are among the most vulnerable groups of workers. In this context, it appears that the Organization should be armed with an instrument on the subject which could, in relation to both its content and the number of ratifications which it could attract, play a more prominent role than Conventions Nos. 97 and 143.

137. It should be noted that all the ILO's instruments, in so far as they are of general application to all workers, are of relevance to migrant workers. ILO instruments with particular relevance to migrant workers are listed in paragraphs 33-38 of the General Survey.

138. A number of ILO standards make specific reference to Conventions Nos. 97 and 143 and urge Members to take into account their provisions.(67)  If Conventions Nos. 97 and 143 are considered to be candidates for revision therefore, references made to their provisions in the above instruments may have to be adopted.

139. In 1990, the United Nations General Assembly adopted the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families. It recognized and built upon the provisions contained in existing ILO Conventions. The reasons why this new Convention has not received a sufficient number of ratifications to enter into force should be analysed.(68) 

140. In this context it also seems relevant to refer to the General Agreement on Trade in Services (GATS) adopted in the context of the World Trade Organization in April 1994(69)  and to propose to examine the question of temporary migrant workers in so far as the movement across borders of natural persons for professional reasons is concerned. In the GATS, these natural persons are denominated "international service providers". Three governments(70)  have proposed that the ILO examine this issue further.

141. The Committee of Experts' General Survey revealed a number of provisions of the instruments which either no longer reflect current day migration practices, or which are not reflected in the migration policies of sending and receiving countries. These observations will undoubtedly prove instructive in the deliberations concerning possible standard-setting action.

142. The work of the Office gives a detailed picture of contemporary migration patterns and policy concerns. The publication of two manuals for migrant sending and receiving countries(71)  and a book on the collection and analysis of migration statistics(72)  cover the most pressing issues of concern to countries of origin and destination. The approval by the Governing Body in 1997 of the creation of the International Labour Migration Database has permitted the Office to collect data on the magnitude and nature of contemporary migration flows, which will be widely disseminated. The Office's International Migration Papers series also covers a large area of migration policy issues, ranging from the extent of discrimination against migrants in the world of work, to the impact of remittances on countries of origin.

143. In April 1997, the ILO held a tripartite meeting of experts to consider the future activities of the ILO in the field of migration (see footnote 64 above). The outcome of this meeting was the adoption by the Governing Body of two sets of guidelines for member States, aimed at preventing the abuse of particularly vulnerable migrant workers. The meeting also provided the occasion to develop a new mechanism in the field of international labour migration, known as pattern and practice studies, which result from the ILO being requested to investigate allegations of persistent and widespread exploitation of migrant workers.(73) 

144. The tripartite meeting of experts proposed in its report that the International Labour Conference carry out a general discussion on the employment of migrants, including questions relating to workers' fundamental rights. This suggestion was recalled in the initial portfolio of proposals (November 1997) for the agenda of the 88th Session (2000) of the International Labour Conference, but was not retained by the Governing Body.

145. In the Director-General's Report to the International Labour Conference at its 87th Session (1999), it was stated that in the next biennium the ILO's activities would "reflect the growing importance of labour migration in the global economy. The primary objective should be to help forge an international consensus [...] on how to ensure adequate protection for migrant women and men and their families, while allowing orderly and advantageous movements of workers in search of better lives".(74) 

146. During the discussion by the Conference Committee on the Application of Standards no speaker expressed the opinion that the current situation was satisfactory. Although opinions varied about the continuing usefulness of Conventions Nos. 97 and 143, most speakers favoured a general discussion of migration for employment at a forthcoming session of the International Labour Conference.

147. A number of Government representatives spoke in favour of revision of the instruments (Greece, Mexico, Tunisia). The Government of India stated that it might not be appropriate at this time to adopt a new international instrument on this subject, although if a consensus emerged to adopt a new framework Convention for migrant workers, his Government would like to be party to that consensus. The Government of the Netherlands stated that it was inappropriate to formulate another Convention, but also questioned whether the existing instruments were adequate, and called for a general discussion on the subject.

148. The Worker members indicated that the most important outcome of the discussion was the consensus on the need to envisage adequate protection for migrant workers. The advantage of completely revising the instruments and merging them into a single instrument which could become a framework Convention, would lie in the fact that the emphasis would be put on principles accepted by all governments. However, even the elaboration of such a flexible standard could not guarantee a large number of ratifications. It was also important, they stated, to avoid discouraging States from ratifying Conventions Nos. 97 and 143. It was proposed that a general policy discussion should be held at a future session of the Conference so as to clear the way for additional standard-setting activities, as for example, a Protocol.(75)  One Worker member supported revision of the existing instruments.

149. In the view of the Employer members, the General Survey in its totality was a compelling case in support of the second option given by the Committee of Experts: that the instruments be entirely revised and merged into a single Convention. They noted that the relatively low number of speakers illustrated the difficulties and complexities of the subject, and that no Government member claimed that the existing Conventions offered the path for the future, and promises of ratification had not been fulfilled. According to the Employers there was clearly a need for a new framework Convention on migrant labour to take into account present-day realities.

150. The Office could be prepared for a Conference discussion on this item in 2002.

10. Prevention of biological hazards in the workplace

151. This item is proposed for standard setting. It was submitted to the Governing Body for the first time in November 1997.(76)  It could be ready to be selected for inclusion in the agenda at the earliest for the 91st Session (2003) of the Conference.

152. For the purpose of this proposal, the term "biological agents" refers to the traditional biological agents such as micro-organisms, cell-culture or human endoparasites, as well as to genetically modified organisms (GMOs) in the field of modern biotechnology. Biotechnology is broadly defined to include any technique that uses living organisms or parts of organisms to make or modify products, to improve plants or animals, or to develop micro-organisms for specific use. Modern biotechnology is also referred to as genetic engineering. The shift from traditional applications to the more complex techniques of genetic engineering in sectors such as agriculture and the pharmaceutical industries puts an estimated 16 million workers worldwide at the risk of exposure to biological agents.

153. Although reports on biologically related workplace incidents in the industrialized countries are sketchy, the development of regulations concerning protection from biological agents in these countries is gaining momentum. Economies in transition, especially those in Central Europe, are moving rapidly in biotechnology development and its safe applications. In the more technologically advanced developing countries in Asia and Latin America, biotechnology is given high priority in the development process. In Africa, the level of sophistication in biotechnology differs significantly from one country to another.

154. Given the inherent hazards of the biotechnology industry, awareness regarding bio-safety in developing countries is relatively higher than safety and health concerns associated with the non-biological industries. The development of databases on bio-safety in developing countries is becoming increasingly popular. This phenomenon is enhanced by the involvement of the biotechnology industry in a number of issues of major concern, such as intellectual property rights and their impact on higher productivity, improvement in the quality of agricultural produce and the conservation of the environment. In the process, intergovernmental initiatives, such as the International Centre for Genetic Engineering and Biotechnology (ICGEB, Trieste, Italy),(77)  have been established with the aim of exploring biotechnologies and industrial opportunities. In the process, the expected hazards associated with the industry are giving cause for concern.

155. The adoption of new standards could be envisaged. The instruments would establish general principles covering appropriate work methods and practices in the field of biotechnology, including risk assessment procedures and technical control, and organizational measures to safeguard the health of workers. Also covered would be pertinent issues concerning the protection of the public and the environment. The instruments would include elements such as objectives, coverage and scope, definitions, application to and exemption of economic activities, ways of assessing risks of exposure, the role of the competent authorities, the responsibilities of employers, the rights and duties of workers and information and training.

156. In 1993, the International Labour Conference adopted a resolution concerning exposure to and safety in the use of biological agents at work. Based on this resolution, the Governing Body requested the Director-General "to take steps to address the question of exposure to and safety in the use of biological agents at work and to consider the need for new international instruments in order to minimize the risks to workers, the public and the environment".(78) 

157. Chapter 16 of Agenda 21, adopted by the United Nations Conference on Environment and Development (UNCED) in 1992, deals with the environmentally sound management of biotechnology. The informal consultation on recent developments and trends in biotechnology (Vienna, October 1995), held by the United Nations Industrial Development Organization (UNIDO) in its capacity as Task Manager for this chapter, requested the ILO to assume the leading role in promoting and addressing the bio-safety issue with respect to occupational safety and health and to promote the safe use of biotechnology in the workplace. These activities fall under Programme Area D of Chapter 16, which deals with enhancing safety and developing international mechanisms for cooperation.

158. The Office has not yet developed any instrument relating directly or indirectly to exposure to or safety in the use of biological agents at work. There are national and regional directives on the subject, but none of these cover the scope of the question proposed above. Any proposed Convention and Recommendation would fall under the group of occupational safety and health instruments which provide for protection against specific risks. A comprehensive approach to instruments in this area should be examined.

159. As background work, the Office has prepared a paper on the impact of modern technology, including gene technology, on workers' health and the environment. The paper identifies potential risks related to the introduction of these new technologies. It is based on case-studies of experience gathered in countries in Asia, Europe and North America. In addition, provisions are made in item 90.30 of the Programme and Budget for the biennium 1998-99 for the development of a draft code of practice on bio-safety. It is planned to submit the draft to a tripartite meeting of experts for its adoption in the biennium 2000-01.

160. In the course of the consultations held so far, 43 governments(79)  have expressed support for this proposal. It has also been suggested to examine whether this issue could be covered by a revision of existing safety and health standards.(80)  Three governments(81)  were opposed to this proposal. The workers' organizations were in favour of standard-setting action in this field while the employers' organizations supported a general discussion in due time.

161. The necessary research and preparatory work for the development of the code of practice and the opinions expressed by constituents and experts in the course of its adoption will be the basis for the determination of the scope, coverage and provisions for possible instruments on the prevention of biological hazards at work. It is proposed to decide on the inclusion of such an item in the agenda of a Conference session after the adoption of the code.

11. Prevention of sexual harassment at the workplace

162. This item is proposed for standard setting. It was submitted for the first time in November 1996. Included in the 1997 portfolio, it was short-listed in November 1997. This proposal could be ready to be selected for inclusion in the agenda at the earliest for the 91st Session (2003) of the Conference.

163. Recent years have seen a development in the perception of sexual harassment in employment and occupation in all regions of the world. Some countries(82)  have adopted specific legislation declaring sexual harassment to be a prohibited behaviour or general legislation covering sexual discrimination under which protection from sexual harassment can be provided. Thus, while it has not been specifically regulated by law in most countries, the number of countries that penalize, and even criminalize, this behaviour is growing rapidly. There is an increasing body of codes, guidelines and enterprise regulations on the subject.

164. There is no single generally accepted definition of sexual harassment. However, the definition most commonly cited is contained in the European Commission's Recommendation (1991) on the protection of the dignity of women and men at work and its accompanying code of practice. The three key elements of the definition are: (a) conduct of a sexual nature and other conduct based on sex affecting the dignity of men and women which is unwelcome, unreasonable and offensive to the recipient; (b) a person's refusal or rejection of such conduct on the part of employers or fellow workers which is used as a basis for a decision which affects a person's job; and (c) conduct that creates an "intimidating, hostile or humiliating environment" (e.g. sexual jokes, offensive behaviour).

165. Sexual harassment is considered an affront to individual dignity, and some surveys carried out in North America and Europe suggest that the problems take place on a larger scale than is generally acknowledged. However, there are issues still to be answered concerning scope, definition, responsibilities and remedies.

166. It is proposed that the subject of sexual harassment be further developed and preparatory work undertaken, which might lead in the foreseeable future to consideration of a normative instrument. A law and practice report on this theme may be found in GB.271/4/1, paragraphs 146-174. Additional research is needed to form the basis of a fully developed proposal.

167. The Committee of Experts discussed the question of sexual harassment in the course of its work on the 1988 General Survey on equality in employment and occupation. It was also discussed in the 1996 Special Survey one equality and employment.(83) 

168. This subject has also been dealt with in ILO sectoral meetings: as early as 1992 the Standing Technical Committee for Health and Medical Services included a strong statement about the extent to which sexual harassment constitutes a problem in that sector, and recommendations by employers' and workers' organizations as well as governments to deal with it.(84)  The 1997 Tripartite Meeting on Breaking through the Glass Ceiling: Women in Management noted the important roles of governments and the social partners in promoting policies on the prevention of sexual harassment and other forms of discrimination. Office publications and training materials on combating discrimination on the basis of gender also deal with this problem.

169. As regards international organizations other than the ILO, mention has already been made of the European Commission Recommendation of 1991 on the protection and dignity of women and men at work.

170. The United Nations has also dealt with this issue. It was discussed at the Fourth World Conference on Women (Beijing, 1995). The Committee on the Elimination of Discrimination against Women, which supervises the implementation of the Convention on the Elimination of all Forms of Discrimination against Women, has -- like the ILO -- dealt with sexual harassment as a form of discrimination on the basis of sex, and as a form of violence against women. Its General Recommendation No. 19 on violence against women clarifies what constitutes sexual harassment under that Convention, and recommends that States parties include in their reports information on sexual harassment and on measures to protect women from sexual harassment at the workplace, and that States parties take all legal and other measures necessary to provide effective legal and preventive measures for the protection of women against all gender-based violence. The subject is also within the mandate of the United Nations Special Rapporteur on Violence Against Women.

171. The Committee of Experts has addressed sexual harassment under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), as a form of discrimination on the basis of sex, a prohibited ground under that Convention. A prohibition of sexual harassment in work-related situations -- the only explicit reference in any international Convention -- was adopted by the International Labour Conference in 1989, in Article 20 of the Indigenous and Tribal Peoples Convention (No. 169).

172. As indicated above, while a certain amount of information has been gathered, more comprehensive research probably needs to be done before putting forward a precise proposal. It may be recalled that the Symposium on Sexual Harassment in the Programme and Budget for 1996-97 was replaced, in the course of the biennium, by the Meeting of Experts on Workers' Privacy, which has slowed down planned work in this area.

173. Since it was first submitted to the Governing Body in November 1996, ten governments(85)  have expressed support for this proposal. At the Governing Body session in March 1998, the Employers' group was opposed to selecting this item. The Workers' group stated that they were positive with some hesitation. In the course of the consultations on the portfolio held so far 38 governments(86)  have stated that they favour it while three(87)  are opposed to the proposed action. The employers' organizations have reiterated their opposition to this item and have proposed that it be deleted from the portfolio.

174. In addition, a specific suggestion regarding the scope of this proposal has been made to consider the recent ILO publication "Violence at work" in this context.(88)  Having considered this suggestion the Office proposes to maintain the current scope of this item and not to extend it to include other forms of violence at work.

175. It has been proposed for the 2000-01 biennium to prepare a report covering the nature and extent of the problem, trends in law and jurisprudence, and enterprise policies and programmes. This would systematize and update the information in the 1992 Conditions of Work Digest on selected industrialized countries and, in particular, extend the knowledge base to cover developing countries. On the basis of this report, regional meetings could be held on sexual harassment at the workplace. There was also a proposal within the Office to organize a meeting of experts. These meetings would contribute not only to raising the profile of sexual harassment as an issue of concern but also to providing an opportunity to interact with ILO constituents to discern areas of common concern that might eventually form a basis for standard setting in this area. The proposed Office work is subject to the allocation of adequate resources. It should be noted that the Office is keeping abreast of developments, including information gathered under article 22 for Convention No. 111. With respect to practice, the Office is also collecting information on company policies on sexual harassment. An annotated bibliography on sexual harassment has been published. Against this background this proposal could be ready for selection for the agenda of the Conference at the earliest in 2003.

12. Recording and notification of occupational accidents and diseases

176. This item is proposed for standard setting. It had been proposed several times since November 1994(89)  and has been short-listed twice (November 1997 and 1998). Two optional courses of action were presented to the Governing Body at its March 1999 session. In the course of the further considerations given to this proposal since then, the Office has concluded that it would be highly relevant to examine an additional third option which constitutes a more comprehensive approach to the issues concerned. This proposal could be ready to be selected for inclusion in the agenda of the 90th Session (2002) of the Conference.

177. Previous Conventions and Recommendations have dealt only to a very limited extent with the effective recording and notification of occupational accidents and diseases as a tool for preventive action. In practice, they do not cover methods of recording and notification, do not specify appropriate national procedures or systems, and do not include sufficient guidance. The Employment Injury Benefits Convention, 1964 (No. 121), requires that national legislation should prescribe a list of occupational diseases broad enough to cover at least the diseases enumerated in Schedule I to the Convention. This ILO reference list, last amended in 1980, needs thorough revision.

178. Available information from member States indicates that, where they exist, national law and practice for the recording and notification of occupational accidents at the level of the enterprise and for their notification to national competent authorities differ greatly due to the lack of international guidelines. Different recording systems might be in use in specific sectors of the economy of one country. The notification of occupational accidents is generally linked either to a national compensation scheme and/or to a statutory requirement of reporting to the competent authority. A large number of member States do not have established recording and notification systems.

179. National statistics on occupational diseases, if they exist, differ with respect to the diseases covered, their definitions, the criteria for the recognition of such diseases and the coverage of working populations. A fairly large number of developing countries, however, are still not in a position to collect or publish national data on occupational diseases due to a lack of national expertise or facilities for the diagnosis of occupational diseases, or both, and due to a lack of requirements for their notification.

180. The application of different definitions, differences in collection and notification procedures for occupational accidents and diseases, as well as lack of national expertise, lead to diverse situations in member States. The number of cases of occupational accidents and diseases that go unreported due to insufficient requirements and practice is impossible to quantify.

181. During the adoption of the Code of practice on the recording and notification of occupational accidents and diseases in 1994,(90)  the experts stressed that the collection, recording and notification of data concerning occupational accidents and diseases and the identification of their causes were instrumental for the prevention of occupational injuries. They acknowledged the value of and the need for guidance by lists of occupational diseases, but also the difficulties inherent in the reference to an ILO list established 15 years ago in Schedule I to Convention No. 121, and they recommended that this Schedule be updated.

182. International standards on the recording and notification of occupational accidents and diseases would provide for the harmonized collection of consistent and comparable data, comparative analysis, implementation of policy and programmes for preventive action, promotional measures at the national level and at the level of the enterprise, and for the economical and meaningful use of scarce resources all over the world for the protection of the working population.

183. After careful consultations, the Office does not propose to follow the suggestion made by one member State during the consultations held in 1997 to initially consider the adoption of an instrument relating solely to occupational accidents and to postpone the preparation of standards on the recording and notification of occupational diseases. The exclusion of occupational diseases from the scope of an international instrument would maintain the unsatisfactory situation highlighted in previous paragraphs, the existing information and awareness gaps and the insufficient measures carried out for the prevention of occupational diseases, the number of which all over the world is impossible to quantify.

184. As a response to concerns and reservations expressed in previous discussions, three options could be envisaged for the form of the proposed instruments:

First option:

185. The adoption of a Convention on the recording and notification of occupational accidents and diseases containing basic principles, supplemented by a Recommendation. These instruments would also provide for the establishment of mechanisms for the periodic updating of the List of occupational diseases in Schedule I to the Employment Injury Benefits Convention, 1964 (No. 121), or any other corresponding list adopted by ILO bodies.

Second option:

186. The adoption of a Protocol to the Occupational Safety and Health Convention, 1981 (No. 155), with the objective to provide tools for the implementation of specific requirements. This option would be rooted in Articles 4 and 11 of the Convention and Paragraph 15 of the Occupational Safety and Health Recommendation, 1981 (No. 164).

187. Article 4 of the Convention calls for the formulation, implementation and periodic review of a coherent national policy on occupational safety, occupational health and the working environment, the aim of which shall be to prevent accidents and injury to health. To give effect to this policy, Article 11 provides for the competent authority or authorities to ensure that, between others, the following functions are progressively carried out:

(i) the establishment and application of procedures for the notification of occupational accidents and diseases, by employers and, when appropriate, insurance institutions and others directly concerned;

(ii) the production of annual statistics;

(iii) the annual publication of information on measures taken in pursuance of the policy and on occupational accidents, occupational diseases and other injuries to health. Under the terms of Paragraph 15 of the Recommendation, employers should be required to keep records relevant to occupational safety and health and the working environment.

188. The Protocol might be adopted in a single-discussion procedure. It would contain basic principles only, but might be supplemented by a Recommendation and would be open for ratification at the same time or at any time after the member State's ratification of Convention No. 155.(91) 

Third option:

189. Adoption of a Recommendation on the recording and notification of occupational accidents and diseases containing basic principles and incorporating the essential requirements of the Code of practice on the recording and notification of occupational accidents and diseases (1996). This instrument would have the objective to help member States to achieve progress in this field without the need to comply with all the obligations put on them by a ratified instrument. In addition, a single-discussion procedure might be applicable.

190. As a fairly large number of developing countries are not in a position to collect or publish national data on occupational diseases due to a lack of national expertise or facilities for the diagnosis of occupational diseases, or both, guidance by reference to an updated ILO list of occupational diseases should be provided. With a view to improving the rapid response capacity of the Office and as a consequence of concerns and reservations expressed in previous discussions on this item, it would be appropriate at the same time for the Conference to consider:

(i) updating, for the purpose of compensation and recording and notification, the actual ILO list of occupational diseases (Schedule I to the Employment Injury Benefits Convention, 1964 (No. 121)), together with the international instrument(s) that might be adopted on the recording and notification of occupational accidents and diseases;

and/or:

(ii) establishing a mechanism for the periodic updating of the list of occupational diseases in Schedule I to Convention No. 121 for compensation purposes and for the elaboration, adoption and periodic updating of any other corresponding list adopted by ILO bodies, like Meetings of Experts, for the purpose of recording and notification.

191. The new list of occupational diseases will offer useful guidance on the health surveillance of workers exposed to specific occupational hazards and will promote close cooperation between insurance organizations and enforcement agencies.

192. Conference agenda items on the recording and notification of occupational accidents and diseases have been proposed for consideration by the Governing Body for the Conference agenda in 1991, 1996, 1997, 1999, 2000 and 2001. An item on the revision of the list of occupational diseases appended to Convention No. 121 was proposed in 1994.

193. The Labour Statistics Convention, 1985 (No. 160), and its corresponding Recommendation (No. 170), as well as the resolutions concerning statistics of occupational injuries adopted by the 13th (1982) and 16th (1998) International Conferences of Labour Statisticians, encourage the compilation of statistics of occupational injuries and diseases. The Occupational Safety and Health Convention, 1981 (No. 155), provides in Article 11 for the competent authority or authorities to ensure that procedures for the notification of occupational accidents and diseases will be progressively established and applied (see paragraph 187). Convention No. 121 requires that legislation prescribes a definition of industrial accidents and a list of diseases that shall be regarded as occupational diseases under specified conditions. National legislation should include a general definition of occupational diseases broad enough to cover at least the diseases enumerated in Schedule I to the Convention. According to the Protection of Workers' Health Recommendation, 1953 (No. 97), national laws or regulations should require the notification of cases and suspected cases of occupational diseases.

194. Despite the proven usefulness of the Code of practice on the recording and notification of occupational accidents and diseases adopted in 1994, it is obvious that international standards could better help to improve and harmonize national terminology and procedures with a view to compiling consistent and comparable data, providing the basis for coherent national, sectoral and enterprise-level policies, preventive measures and efforts to improve the international comprehensiveness, comparability and analysis of statistics on occupational accidents and diseases.

195. Based on the experience acquired from previous work regarding the ILO list of occupational diseases as well as from the ongoing practical implementation of the Code of practice on the recording and notification of occupational accidents and diseases and detailed research undertaken regarding fatal accidents, the Office is prepared to provide the necessary preparatory work for an item on the Conference agenda for standard setting.

196. In the course of discussions in the Governing Body as well as in the context of the consultations on the portfolio held so far, 53 governments(92)  and the employers' organizations have expressed support while one Government has opposed it.(93)  One Government(94)  has favoured limiting the preparation of standards to occupational accidents only and to postpone any action on occupational diseases. In the context of this year's consultations, a few governments have stated their preferences regarding the options for action in this area.(95) 

197. This proposal could be ready to be selected for inclusion in the agenda of the 90th Session (2002) of the Conference.

13. Working time

198. This item could be considered for a general discussion with a view to seeking to develop a consensus on this sensitive and complex issue. Action in this area was relaunched, inter alia, by government proposals in the Governing Body in 1993 and 1994 to revise Conventions Nos. 1 and 30. More recently, and based on the work of the Working Party, the Governing Body has endorsed a proposal to conduct a General Survey on Conventions Nos. 1 and 30. The year for conducting such a General Survey has yet to be determined. It could be ready to be selected for inclusion in the agenda at the earliest for the 91st Session (2003) of the Conference.

199. Changes in hours of work and arrangements of working time are being prompted by economic pressures, employment concerns, increased participation of women in the labour force, changing attitudes to work, technological innovation and new forms of work organization. In many countries, normal hours of work have been reduced, often through collective bargaining, approaching the 40-hour week as suggested in the Reduction of Hours of Work Recommendation, 1962 (No. 116). However, there are a number of countries, industries and occupations where many workers are still employed for particularly long hours. At the same time, new working time arrangements are being introduced in enterprises: more and different types of shift work, work teams working different hours in the same enterprise, staggered hours and compressed work-week schedules. Averaging hours of work, annualized computing of working hours and part-time work are also becoming more widespread. With the diversity in working time, hours of work and arrangement of working time are becoming increasingly linked. The diversity in working time arrangements also illustrates the increasing individualization of working time as workers seek to find a satisfactory balance between work and their other interests. Working time is becoming more closely linked to work content; work by results or "time to perform the task" underpins many working time practices. Taken together, these developments suggest the need to fashion new ways of organizing work and work schedules which offer possibilities of convergence between business imperatives, social requirements and individual needs and preferences.

200. Hours of work and working time arrangements are increasingly a subject for collective bargaining. Indeed, in some countries, the possibility of making derogations from legislation on working time through collective bargaining is provided. Governments, too, are examining policy options regarding the best way to encourage reductions in working time, promote flexible work arrangements, reduce dismissals and increase employment.

201. One can conclude that working time arrangements are characterized by increasing complexity, and the duration of working time is becoming increasingly disaggregated according to the needs of enterprises and sectors and the preferences expressed by workers.

202. A thorough examination should be made of current trends in national law and practice regarding the organization of working time and the regulation of hours of work with a view to improving conditions of employment and work, especially for the most vulnerable groups. The diversity of working time practices and preferences, the experimentation with new models and the range of government policies underscore the need for up-to-date international information on working time to contribute to an informed debate to enhance the capacity of constituents to develop effective policies.

203. The question of revising standards on working time has been raised intermittently over the years. The Meeting of Experts on Working Time (1993) agreed that "certain provisions of Conventions Nos. 1 and 30 on hours of work in industry and in commerce and offices with respect to the limitations on maximum hours of work over different periods did not adequately reflect some recent developments in working time arrangements". They recognized that "with these exceptions, Conventions Nos. 1 and 30 are still relevant". The experts, excluding those appointed by the Governing Body after consultation with the Employers' group, were in favour of revision to better reflect those concerns and to include provisions guaranteeing the necessary flexibility and adequate protection for workers.

204. In recent years, the Working Party on Policy regarding the Revision of Standards of the LILS Committee has examined a number of ILO standards related to working time. Upon its recommendation, the Governing Body has decided that a General Survey should be carried out on the Hours of Work (Industry) Convention, 1919 (No. 1), and the Hours of Work (Commerce and Offices) Convention , 1930 (No. 30). At its 273rd Session (November 1998), the Governing Body decided to invite governments to submit reports on the Night Work (Women) Conventions (Nos. 4, 41, 89 and Protocol) in 2000 under article 19 of the Constitution in view of a General Survey by the CEACR.(96)  In addition, a decision was reached to revise the Sheet-Glass Works Convention, 1934 (No. 43), and the Reduction of Hours of Work (Glass-Bottle) Works Convention, 1935 (No. 49), conditional upon the revision of other Conventions on hours of work. With regard to the Forty-Hour Week Convention, 1935 (No. 47), it was decided to maintain the status quo pending the adoption of revised standards on hours of work. At its 271st (March 1998) Session, the Governing Body decided to include the revision of the Hours of Work and Rest Periods (Road Transport) Convention, 1979 (No. 153), in the portfolio of proposals for the agenda of the Conference.

205. The decisions to undertake General Surveys on working time Conventions and the interlinking of decisions regarding the revisions to be undertaken indicate a possible need for an overall assessment of trends in the regulation of hours of work and the arrangement of working time.

206. The Hours of Work (Industry) Convention, 1919 (No. 1), is the primary international labour standard and one that has proved most influential (52 ratifications). More than 40 international labour standards (some 25 ILO Conventions and 19 Recommendations) relating to working time have been adopted since 1919. The Hours of Work and Rest Periods (Road Transport) Convention, 1979 (No. 153), the Protocol to Convention (No. 89) in 1990, the Part-Time Work Convention (No.175) and its accompanying Recommendation are among the more recent ones. In addition, working time issues are addressed within a number of other instruments such as those regarding dock work, nursing personnel, conditions of employment of young persons, and working conditions in hotels and restaurants, for example.

207. The Office has long accorded an important place to research on problems relating to working time. In recent years, four editions of the Conditions of Work Digest have been devoted to the theme, namely "Flexibility in working time" (1986), "Part-time work" (1989), "The hours we work: New work schedules in policy and practice" (1990) and "Working time around the world" (1995).

208. It is important to note, for example, that in a survey of 151 countries(97)  that the largest group of countries (53) still provide for a 48-hour week; 13 countries provide for 45 hours; and in 42 countries the 40-hour week is the norm. The European Directive on Working Time (1993) specifies that member States should ensure that the average working time for each seven-day period, including overtime, does not exceed 48 hours. However, in practice, through collective agreements, hours of work are usually less than statutory provisions. Indeed, working time is increasingly regulated through collective agreements and other arrangements to allow for the adoption of flexible working time by the workers and employers concerned.

209. Studies on working time have been carried out in different sectors for the sectoral meetings and tripartite symposia as well. In the current biennium, a major study is being undertaken on working time and safety and health.

210. In the course of discussions in the Governing Body as well as in the consultations on the portfolio held so far, 47 governments(98)  have supported this proposal while three governments(99)  have considered that it was not a priority. Three governments,(100)  the Employers' group and two employers' organizations have stated their opposition to it. Of those in favour, ten governments(101)  and one employers' organization have stated a preference for the holding of a general discussion on this item, while 13 governments(102)  could envisage standard-setting action.

211. The desirability of comprehensively reviewing working time standards has been gradually growing. So too has recognition of the complexity of the task. Although it has not been possible to achieve consensus as to the need for new standards or the revision of existing ones, the Office continues to carry out further research in this field. For the 2000-01 biennium, a report on working time trends in developing countries and countries in transition has been proposed. If approved, this would be an important step in extending and balancing the existing knowledge base, which is heavily oriented to advanced industrialized countries. Two regions would be covered in the first biennium; working time trends in the other regions would be covered in the next biennium. The reports would include a consideration of the economic implications of working time trends and developments. In addition, the development of a database on hours of work, weekly rest, holidays with pay, overtime, etc. in ILO member States has been proposed. Statistical analysis of working time would also be undertaken.

212. This proposal could be ready to be selected for inclusion in the agenda at the earliest for the 91st Session (2003) of the Conference.

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D. Social dialogue

14. New trends in the prevention and resolution of labour disputes

213. This item is proposed for general discussion. Since originally suggested for consideration by the Governing Body in 1992, this proposal has been considerably developed and its focus has changed. It has been short-listed several times, most recently in March 1999. It could be ready to be selected for inclusion in the agenda of the 90th Session (2002) of the Conference.

214. A globalized economy and the transition to a market economy in many countries together with a host of other developments under a new workplace and economic environment have had far-reaching effects on labour management relations in general and on the level and nature of labour disputes and the way they are managed in particular. At one end is a declining rate of disputes which can however be more adversarial, complex, lengthy and intractable, and at the other, a more manageable incidence of dispute accompanied by major inroads to make labour-management relations more collaborative and teamwork-based for the mutual benefit of the parties. The future of the dispute resolution system and the existing traditional structures and approaches, as well as related labour law reforms, are now being debated and studied in many countries including the need to establish systems which are efficient and easily accessible to workers to ensure respect for their rights.

215. With the growing intensity of economic competition and financial turmoil, many countries, particularly developing countries, are additionally facing several new, more complex and costly labour disputes at national and local levels in both unionized and non-unionized sectors of the economy involving issues which range from wages and termination of employment to mass layoffs and job security arising from deregulation, downsizing, mergers, restructuring and bankruptcies. Institutions for dispute settlement and the traditional methods of conciliation, mediation, arbitration and adjudication are being challenged to adapt and become relevant to the new situation. More than simply acting as "firefighters" or reacting to a "crisis", the expectations now extend to their ability to guide the parties in moving from a relationship of antagonism to a relationship based on reconciliation, teamwork and cooperation.

216. Side by side with dispute resolution is the growing emphasis now being given to the prevention of disputes through various innovative techniques and approaches and the promotion of greater workplace cooperation in lieu of confrontation to enable the parties to solve their own problems amicably. They include timely advisory assistance with problems that have not developed into a dispute, addressing the underlying causes of disputes, and encouraging the effective use of collective bargaining, bilateral negotiations and joint problem-solving approaches. The list can be expanded to cover the promotion of "win-win" negotiation techniques and the application of preventive mediation together with the various forms of alternative dispute resolution (ADR).

217. The effective prevention and settlement of labour disputes remains a cornerstone of sound labour relations, and it is essential that efficient and accessible machineries exist for this purpose in the interest of economic growth and social justice. Since labour disputes are inherent in all labour relations systems and different models of procedures and systems exist, what is important ultimately is to be able to take stock of the new developments in the world of work and to understand the essence of labour disputes and how they can be prevented and settled as promptly and fairly as possible.

218. The inclusion of the subject of the prevention and settlement of labour disputes in the portfolio is proposed with a view to a general discussion. A general discussion will be very timely and helpful to many countries in the context of the present-day labour relations landscape in the era of globalization through a better appreciation of labour disputes including their gender dimensions and how they can best be prevented and resolved, the introduction or strengthening of essential systems, mechanisms and procedures and the application of innovative, creative and effective tools and techniques to prevent and settle disputes. The general discussion can cover topics which may consist of the overall trends and developments on the subject, measures required to promote both the prevention and resolution of disputes, the need to establish or improve necessary mechanisms and procedures including labour law reforms, how to strengthen the traditional methods of dispute settlement together with the introduction of new methods and approaches, the role of the social partners and prospects for technical cooperation.

219. Proposals on this subject were presented to the Governing Body at its 26lst, 262nd, 267th, 268th, 270th and 27lst Sessions. Following the decision to maintain the subject in the portfolio and to update it, the proposals have accordingly been updated and reformulated.

220. The international labour standards on dispute settlement are of a general nature, reflecting the wide variety of existing systems. They include the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), the Labour Relations (Public Service) Convention, 1978 (No. 151), the Collective Bargaining Convention, 1981 (No. 154), the Examination of Grievances Recommendation, 1967 (No. 130), the Collective Agreements Recommendation, 1951 (No. 91), the Voluntary Conciliation and Arbitration Recommendation, 1951 (No. 92), the Labour Relations (Public Service) Recommendation, 1978 (No. 159), and the Collective Bargaining Recommendation, 1981 (No. 163).

221. The prevention and settlement of labour disputes as one of the main components of the industrial relations programme has been a continuing major activity of the Office. Although not the direct subject or objective of research in the past, it is almost always automatically subsumed in various activities and projects on the promotion of sound labour relations. It is a subject of basic importance to many countries today particularly in developing countries and those in transition to a market economy.

222. In response to previous demands from constituents, a training package on conciliation and mediation has been published recently by the Office for use in various workshops and seminars on dispute settlement.

223. There seems to be a growing consensus among constituents on the importance of giving high priority to the subject of prevention and settlement of labour disputes as a component of sound labour relations and the promotion of economic growth and equity. Many developments and changes have taken place requiring in-depth studies, research and exchange of views to provide the basis for the strengthening of existing systems and procedures, the establishment of new ones, labour law reforms and the introduction of new and innovative methods, tools and techniques to effectively prevent, minimize or resolve disputes. There has been a divergence of views among the members of the Governing Body on whether the subject is appropriate for inclusion in the Conference agenda for a general discussion or for standard setting. At its session in March 1997, however, the Governing Body decided that the subject should remain in the portfolio and the proposals for a general discussion retained.

224. During its discussion in the Governing Body and in the consultations on the portfolio held so far, this proposal has received support from 56 governments,(103)  the Employers' group and two employers' organizations, while three governments(104)  have expressed objections. In addition, one Government(105)  considered it should not be given priority. A proposal has also been made(106)  to consider an item concerning labour courts, tribunals and non-judicial settlement of disputes procedures.

225. The Office could be prepared for a general discussion on this subject at the Conference in 2002.

15. Workers' participation in decision-making at the level of the enterprise

226. This item is proposed for a general discussion. This proposal was included in the 1987 report of the Ventejol Working Party and was taken up again by the Office in the 1997 portfolio. With support from constituents in the consultations and in the Governing Body, the Office has re-examined this item, and a fully developed proposal is now submitted for the first time. It could be ready to be selected for inclusion in the agenda of the 90th Session (2002) of the Conference.

227. The last decade has seen a renewed interest in workers' participation in decisions at the level of the enterprise. In general, intensified competition at the global level has driven management to seek more workers' involvement and participation as a strategy to facilitate adaptability, flexibility, commitment, productivity and efficiency. Corporate restructuring in industrialized countries, the privatization of public-sector enterprises -- which is taking place on a particularly large scale in Eastern Europe -- and socio-political changes in many developing and newly industrialized economies which have led to more democratic national and corporate governance also appear to have given new momentum to various forms of workers' participation in different parts of the world.

228. However, a number of workers' participation schemes have not been without problems. In some countries and enterprises, for example, managerial schemes of direct participation through quality circles and teamwork appear to have encountered conflict with traditional representation and participation mechanisms involving trade unions and collective bargaining, which may undermine the positive contribution of workers' participation to corporate performance and employment conditions. Workers' participation schemes in some countries and enterprises also appear to have failed to reap the expected benefits as a result of unfavourable environments, such as adversarial labour-management relations and contests between different forms of workers' participation.

229. It is possible to distinguish modern types of workers' participation in terms of levels, functions and forms. Even within the enterprise, participation is evolving at different levels: shop-floor, department, plant, undertaking, whole corporation and MNEs operating across national borders. Functions may range from the simple provision of information through suggestion schemes, to consultation and co-determination. As for forms, the distinction is sometimes made between formal and informal, and direct and indirect forms of workers' participation.

230. This complexity poses several challenges to the social partners. First, managerial schemes of direct participation can give more voice to employees in day-to-day decision-making at the workplace, and improve efficiency and quality to the benefit of workers and employers. This win-win situation appears to have existed in workplaces where the direct participation scheme has been introduced and implemented in close cooperation with workers' representatives and trade unions. In instances where the scheme has been unilaterally implemented and workers' representatives are kept outside the scheme, some conflicts seem to have arisen with trade unions or workers' representatives, which undermines the opportunity for partnership for mutual benefit. Thus, there is a clear need to define and establish the conditions for a synergy between direct participation and indirect participation with a view to achieving sound labour-management relations.

231. One issue that social partners in member countries have encountered concerns the relationship between the role of trade unions and of workers' participation mechanisms at the level of the enterprise. The traditional role of trade unions has generally been characterized as the defence of employees' interests concerning employment conditions through collective bargaining. In contrast, the role of works councils (and workers' participation more generally) has more usually been seen as focusing on consultation or joint decision-making over consensual issues such as vocational training or occupational safety and health. While various legislative efforts have attempted to make a distinction between the subjects to be covered by specific forms of participation, in practice such a distinction tends to be blurred. There are even an increasing number of countries where collective agreements at the industry level provide a framework for more detailed agreements at the works council level. While in many cases the two institutions have tended to complement each other, in others there have been conflicts undermining their effective functioning. Thus, there is a need to examine the various experiences in this area with a view to improving the performance of both institutions.

232. Another important concern is the possible polarization of workers' participation along the lines of labour market segmentation. As the atypical workforce grows, there is a real possibility that the proportionately smaller primary labour force will be further dissociated from the former by the exclusiveness of representative participation and consultation. In a similar vein, the incidence of both direct and indirect forms of workers' participation is at its peak in large-scale enterprises, but tends to decline as enterprises become smaller. Given that the number of atypical workers and workers employed by smaller enterprises continues to grow in many countries, the issue of giving these members of the workforce an equal opportunity to have a voice in decision-making within the undertaking needs to be addressed.

233. The European Directive of 22 September 1994 on European Works Councils and the subsequent establishment of EWCs have given a new international dimension to workers' participation institutions. According to the Directive, covered employees in participating member States must be "properly informed and consulted when decisions which affect them are taken in a member State other than in which they are employed". This initiative appears to have encouraged labour and management in some MNEs to establish similar bodies at global level beyond the European boundary. Given the importance of MNEs in the global economy and the recent wave of mergers and acquisitions across borders, it would be relevant to examine the experiences of EWCs with a view to exploring the possibility of developing such arrangements beyond the European Union.

234. General discussion at the International Labour Conference of the situation surrounding workers' participation in member countries would allow for a full examination of the question and the experience of the ILO and its constituents in this sphere.

235. The discussion could include the question of the form of workers' participation (direct or indirect), since the two forms are quite distinct. The European Union Directive, for example, focuses on representative forms of workers' participation. However, the European Union has recently been undertaking a large-scale survey on the practice of direct participation in European countries with a view to determining the feasibility of developing a directive or guidelines on this issue. The discussion could also include the issues (e.g. work organization, personnel policies, safety and health, training, work environment, etc.) with respect to which workers' participation in decision-making could be promoted and the choice of the appropriate means of participation (whether information sharing, consultation, co-determination, etc.).

236. The discussion should also permit the identification of principles in ILO instruments, both those that are still relevant and should continue to inspire the action of member States and the social partners, and those that are candidates for re-examination. The formulation of an ILO guideline providing social partners with general principles regarding workers' participation in decision-making at the level of the enterprise could be considered.

237. This issue was included among the proposals for future standard setting in the 1987 Ventejol report.

238. Workers' participation in decisions at the level of the enterprise has been directly or indirectly covered by several ILO standards:

239. It should be noted that Conventions Nos. 87 and 98, concerning collective bargaining and trade union rights, define the fundamental principles of workers' representation and participation. However, it appears that no existing instruments directly address the current issues arising from the recent development of the schemes of workers' participation in decision-making within the undertaking with various levels, functions and forms.

240. Up to the mid-1980s, ILO research had been undertaken to investigate the development of workers' participation schemes in member countries. Also, several research projects on the indirect participation had been undertaken regarding workers' and their representatives' participation in the process of changes in technology and work organization during the last decade. As provided for in the Programme and Budget for 1998-99, a research project on transnational workers' representation in multinational enterprises is being undertaken.

241. In the course of the consultations on the portfolio held so far, 40 governments(107)  have supported this proposal. Several employers' organizations and workers' organizations have also expressed support for this item. One Government(108)  did not consider this item to be a priority issue. Two governments(109)  the Employers' group and three employers' organizations have stated their opposition to it. The Employers' group proposes the deletion of this proposal from the portfolio. Although it is proposed for a general discussion, 13 governments(110)  could envisage standard-setting action in this field.

* * *

II. Proposals for revision

242. At present, seven proposals for revision emanating from the work of the Working Party on Policy regarding the Revision of Standards have all been grouped under this heading. These proposals all pertain to the social protection sector and four of them concern, more specifically, occupational safety and health. Several governments, as well as the employers' organizations encourage increased efforts to pursue these proposals for revision. The Office has taken into account the calls to undertake these revisions in the framework of a more comprehensive review of ILO instruments.(111)  Of these proposals that on the Use of hazardous substances -- Revision of Conventions Nos. 13 and 136 has been further developed since March 1999, when it was considered by the Governing Body. This proposal now includes different options for the Governing Body to consider as to the form that the revision of these Conventions could take with the objective of undertaking a comprehensive review of the instruments on occupational safety and health. The Governing Body might wish to consider these options, as well as the options available for the revision of the remaining items for revision, in the light of the outcome of the discussion on different methods of revising ILO Conventions initiated in the Working Party at the present session.

Social protection

16. Use of hazardous substances -- Revision of Conventions Nos. 13 and 136

243. This item was submitted for the first time in November 1998 and a more detailed proposal was examined in March 1999. Since then, a broadening of the scope of this proposed item has emerged as an essential option to consider. The most appropriate form for revising this Convention should be evaluated in the light of the results of the examination of the question of methods of revision in the Working Party, but it could be ready for selection for the agenda of the Conference in 2002.

244. While the White Lead (Painting) Convention (No. 13) was adopted in 1921 and the Benzene Convention (No. 136) some 50 years later, both Conventions regulate the use of a single hazardous substance. They were adopted during periods of time with growing risks to workers due to the widespread use of white lead in paint and of benzene without adequate or appropriate preventive and protective measures and at a time when the use of hazardous substances was insufficiently regulated by international instruments or agreements, national legislation or standards.

245. Due to rapid technical and scientific progress made in the past two decades, some of the prescriptions in these two Conventions are now obsolete or do not reflect adequately the exposure prevention and health protection approach currently implemented in most countries. These aspects include the prohibition of the employment of men under 18 and all women in relation to the use of lead paints and the reference to a specific exposure limit (25 ppm in Convention No. 136). The benzene exposure limit is now 10 ppm in most countries and 1 ppm in some. The provisions in Convention No. 13 are also obsolete when compared to the OECD Resolution concerning the Declaration on Risk Reduction for Lead (1996). Documents such as the OECD monograph on lead and a number of recent national and international risk assessment documents on both benzene and lead are now taken as the basis for national regulatory action.

246. Furthermore, it emerged in the consultations with member States following the examination of these Conventions in the Working Party on Policy regarding the Revision of Standards, that several member States objected to the basic logic of these Conventions, namely to regulate the use of a single hazardous substance in one instrument.(112)  The continued need to regulate white lead was questioned against the background that white lead was no longer in use. Objections were also raised against the special provisions concerning women and young workers in both Conventions. As a result of the re-examination of these Conventions following the consultations with member States, it was decided that they should both be revised and that their revision be included in an item concerning the use of hazardous substances in the portfolio of proposals for the agenda of the Conference.

247. Against this background, several alternative approaches could be envisaged. Two options were presented to the Governing Body at its March 1999 session. In the course of the further considerations given to this proposal since then, the Office has concluded that it would be highly relevant to examine an additional third option, which constitutes a more comprehensive approach to the issues concerned.

248. The available options would thus seem to be the following:

(a) to conduct a full or partial revision of Conventions Nos. 13 and 136;

(b) to develop a Protocol to the Chemicals Convention, 1990 (No. 170), bringing the regulation of the use of these hazardous substances within the framework of Convention No. 170 and to abrogate Conventions Nos. 13 and 136; or

(c) to examine the possibility of consolidating all or most of the existing instruments regulating the use of single hazardous substances and the development of a framework for the management of especially hazardous substances including new chemicals.

249. The first option -- a full or partial revision of Conventions Nos. 13 and 136, i.e. of Conventions which deal with the use of two specific substances -- would run counter to ongoing trends and international activities related to the sound management of chemicals. Neither the format of a Convention for specific substances nor the establishment of fixed exposure limits in a Convention constitute appropriate approaches to the sound management of chemicals.

250. At present, very extensive international cooperation on chemical safety is carried out through the International Programme on Chemical Safety (IPCS), the Inter-Organization Programme for the Sound Management of Chemicals (IOMC) and the Intergovernmental Forum on Chemical Safety (IFCS) to implement the recommendations of the United Nations Conference on Environment and Development (UNCED), Agenda 21, Chapter 19, on environmentally sound management of hazardous chemicals. One of the recommendations is increased ratification of Convention No. 170 by member States and also an increased production of international chemical risk assessment documents. The ILO is heavily involved in the harmonization of classification systems and labelling of chemicals and in the production of the IPCS International Chemical Safety Cards, which are peer-reviewed assessment documents. For the time being, chemical safety cards for some 1,300 chemical substances are available. In addition, mention should be made of the Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade of 1998.

251. In order for ILO action to be coherent with these ongoing efforts, the second option proposes consideration of the possibility of a Protocol on the use of hazardous substances linked to Convention No. 170, which could establish a link between the Convention and the internationally peer-reviewed risk assessment documents produced by the IPCS as well as the list of carcinogens published by the International Agency for Research on Cancer (IARC).(113)  In this way, Convention No. 170 could contain a mechanism to ensure the application of the latest validated, unbiased and internationally agreed information on the hazards and risks related to specific chemicals and be the respective ratification target. White lead and benzene would be considered and treated on an equal basis to other hazardous substances, and Conventions Nos. 13 and 136 would become obsolete.

252. While the Office believes that this second option would be a more meaningful solution than the first option, the latter approach still seems too focused on the regulation of single hazardous substances. As there are other instruments dealing with the protection of workers from especially hazardous substances, the second option does not seem adequately to address the more general concern expressed as to the continued usefulness of instruments dealing with single hazardous substances. The third option proposed would thus be to explore means to consolidate regulation of white lead, benzene and other especially hazardous substances. This option could provide a broader framework for the safe management of especially hazardous substances and could include a new approach for regularly updating technical standards related to especially hazardous substances in a systematic manner. The Office considers that this third option would better correspond to the need to streamline and strengthen the standard-setting system of the ILO.

253. Following the examination of Conventions Nos. 13 and 136 in the Working Party on Policy regarding the Revision of Standards and consultations with member States, the Governing Body at its 271st Session (March 1998) decided on the revision of both these Conventions and to include an item on the use of hazardous substances in the portfolio of proposals for the agenda of the International Labour Conference.(114) 

254. The framework of Convention No. 170 is designed to cover chemical elements or components, and mixtures thereof, whether natural or synthetic. Well-defined measures for their sound management are provided, whatever the chemical: establishment of classification systems, labelling and marking, elaboration of chemical safety data sheets including exposure limits; responsibilities of suppliers; responsibilities of employers (identification, transfer of chemicals, exposure not exceeding established limits, operational control including risk assessment, disposal, information, training and cooperation); duties and rights of workers and their representatives; and responsibilities of exporting member States. Article 6 of Convention No. 170 provides for the establishment by the competent authority, or by a body approved or recognized by the competent authority, of "systems and specific criteria appropriate for the classification of all chemicals according to the type and degree of their intrinsic health and physical hazards and for assessing the relevance of the information required to determine whether a chemical is hazardous".

255. Other Conventions, such as the Occupational Safety and Health Convention, 1981 (No. 155), the Occupational Health Services Convention, 1985 (No. 161), and the Occupational Cancer Convention, 1974 (No. 139), provide additional guidance relevant to chemical safety issues.

256. In addition, there are other instruments related to hazardous substances and the objective of the further examination of this proposal is to carry out a comprehensive review of the instruments dealing with single hazardous substances with a view to proposing a comprehensive approach for especially hazardous substances.

257. A further review of the problems and possible solutions by the Office since March 1999 resulted in the conclusion that there is a need for the development of a comprehensive approach to deal with the measures concerning especially hazardous substances. Preparations are under way for a pilot study on the possible consolidation of ILO instruments dealing with single hazardous substances.

258. In the consultations in 1997-98 with member States concerning Conventions Nos. 13 and 136, the majority of member States which took part in the consultations opted for a revision of these Conventions. As noted above, several member States questioned, however, the basic logic of both Conventions, which is to regulate the use of a single hazardous substance in a Convention. The Office proposes two options to address these concerns in a comprehensive manner. The merits of these options should be evaluated in the light of the discussion in the Working Party during the present session of the Governing Body on methods of revision. This proposal could be ready for selection for the agenda of the International Labour Conference for its 90th Session (2002).

17. The marking of weight (packages transported by
vessels) -- Revision of Convention No. 27

259. The decision to revise this Convention results from its examination in the Working Party on Policy regarding the Revision of Standards. In addition to determining whether the scope of the revision of this Convention should include the development of an instrument on the safe handling of containers, the most appropriate form for revising this Convention could be evaluated in the light of the results of the examination of the question of methods of revision in the Working Party. It could be ready for selection for the agenda of the Conference at the earliest in 2003.

260. The Marking of Weight (Packages Transported by Vessels) Convention, 1929 (No. 27), provides for the marking of the gross weight "plainly and durably" on any package or object of 1,000 kilograms or more consigned for transport by sea or inland waterway within the territory of any member State which ratifies the Convention. The handling of packages or objects while in transit to the port or place where they are loaded is, prima facie, not within the scope of the Convention. The purpose of the Convention is to protect seafarers and shore workers from the hazard of lifting an infinite variety of goods forming general cargo, the weight of which was often unknown and could not reliably be estimated.

261. Convention No. 27 was adopted at a time when shipping operations were markedly different from those of today. Since then shipping operations have radically changed by the development of container traffic and the design of vessels and port facilities to accommodate containers. In practice, however, it appears that a number of ratifying member States interpret Convention No. 27 so as to apply to containers. As Convention No. 27 does not cover modern and safe container-handling requirements, a revision seems called for in this respect.

262. It would seem that a revision of this Convention could be envisaged in different ways. The recent consultations proposed that the purpose of the revision should be to "adapt it to container traffic". More specifically, the Committee of Experts proposed in 1991 that a revision should be envisaged to ensure the "safe handling of containers". In addition, it should be noted that a specific proposal for revision was submitted in the course of the consultations in 1997 to the effect that an additional Protocol be adopted which would allow for an alternative to the marking of weight in the case of containers.

263. Furthermore, in the consultations recently conducted, several member States stated that a modification of the weight limit of 1,000 kilograms was due, that any possible conflict between Convention No. 27 and the International Convention for Safe Containers (CSC), adopted by the International Maritime Organization (IMO) in 1972,(115)  should be avoided, and that a more modern risk-assessment approach to the subject should be adopted.(116) 

264. In 1985, the question of revising this Convention was raised in the context of the Working Party on International Labour Standards.(117)  The Working Party decided to retain this Convention among the instruments to promote on a priority basis. In 1987, the Committee of Experts made a general observation taking note of difficulties encountered by member States in applying Convention No. 27 to container traffic. Following a direct request to countries having ratified Convention No. 27 for information on the manner in which the Convention was applied to containers, the Committee of Experts made a general observation in 1991 in which it noted that "in spite of the existence of other international instruments bearing on some safety aspects in the use of containers (e.g. the CSC) it is desirable that Convention No. 27 be revised with a view to ensuring the safe handling of containers". The question of revision was taken up again in the context of the Working Party on Policy regarding the Revision of Standards. After examination in the Working Party(118)  and consultations with member States on the possible need to revise this Convention, the Governing Body decided in March 1998 that Convention No. 27 be revised.(119) 

265. Questions related to the safety and health of dockers are covered by the Protection against Accidents (Dockers) Convention, 1929 (No. 28), which is complementary to Convention No. 27. Articles 9 and 12 of Convention No. 28 are particularly relevant for the proper protection of workers when they have to deal with or work in proximity to goods.

266. Convention No. 27 is linked to safety provisions in the Occupational Safety and Health (Dock Work) Convention, 1979 (No. 152), and its accompanying Recommendation (No. 160). These instruments cover any part of the work of loading or unloading a ship. Relevant to the handling of containers in docks are Article 4 (provision of information, training and supervision to ensure the protection of workers, measures for the handling of different types of cargo); Article 31 (requirements for safe operation of freight container terminals) of Convention No. 152 and Paragraph 22 (measures for work on top of freight containers) of Recommendation No. 160. Neither Convention No. 27 nor Convention No. 152, however, covers the issue of "ensuring the safe handling of containers" sufficiently. A major question has recently arisen concerning new lifting methods such as vertical tandem lifting of containers and the relevant provisions applicable to them and the regulations in this field.

267. Container traffic is also specifically regulated by other international instruments. The 1972 International Convention for Safe Containers (CSC) deals with the testing, inspection, approval and maintenance of containers. It requires, inter alia, that every approved container should have affixed to it a safety approval plate bearing prescribed information including the maximum gross weight which means the maximum allowable combined weight of the container and its cargo or contents. The term "container" is defined as an article of transport equipment with stated characteristics of size, strength and construction.

268. Furthermore, the IMO International Convention for the Safety of Life at Sea, 1974, which applies only to international shipping and not to inland waterways, provides that prior to loading cargo units on board ships the shipper is required to ensure that the gross mass or weight of such units is in accordance with that declared on the shipping documents, and that containers must not be loaded to more than the maximum gross weight indicated on the safety approval plate.

269. In order to determine the necessary course of action, the Office would need to undertake preparatory work to look at appropriate ways to adapt Convention No. 27 to changes in methods of transportation, taking into consideration whether the scope of the Convention should be extended to include container transport by whatever means, and whether a modification of the weight limit was appropriate. In addition, the Office would also need to examine whether a more modern risk-assessment approach to the subject should be adopted.

270. As research on these issues has yet to be programmed, the required preparatory research could be undertaken during the 2002-03 biennium, unless the Governing Body decides to undertake the revision of Convention No. 27 on a priority basis.

18. Guarding of machinery -- Revision of Convention No. 119

271. The decision to revise this Convention results from its examination in the Working Party on Policy regarding the Revision of Standards. The most appropriate method of revising this Convention could be evaluated in the light of the results of a fuller evaluation of the elements involved, its relation to other safety and health instruments, and the examination of the question of methods of revision in the Working Party. It could be ready for selection for the agenda of the Conference at the earliest in 2003.

272. The Guarding of Machinery Convention, 1963 (No. 119), regulates the sale, hire and use of inadequately guarded machinery. A General Survey of 1987(120)  revealed that there seems to be technical difficulties in the implementation of the Convention and that existing national legislation tended to be more general in scope than the provisions of the Convention. The Committee of Experts further noted that one of the problems in the full application of Convention No. 119 in ratifying countries had been the implementation of the rather complex provisions preventing dangerous machinery from reaching users. In the discussion of the General Survey at the 1987 Conference, members in the Committee on the Application of Conventions and Recommendations stressed the importance of the related issue concerning safety in the international transfer of machinery and technology and one Government representative suggested the adoption of a Protocol to Convention No. 119 on that issue.

273. Similar views were noted in the recent consultations with member States on the need to revise this Convention.(121)  Several member States made specific proposals for a revision of this Convention invoking the need to adapt the Convention to new concepts in the field of occupational safety and health and to technical developments regarding machinery. One member State suggested that the Convention be partially revised to reflect the problems developing countries have with the importation of second-hand machinery. In addition, account could be taken of developments in EU legislation in this field.(122)  In March 1998, the Governing Body decided that this Convention should be revised.

274. Three possible avenues could be considered. The first option would be to revise the Convention, taking into account the latest technology and developments in legislation in Europe and elsewhere in developing legal instruments that protect workers from the hazards of machines. This revision could address the safety of machinery that is being transferred internationally, and the possibility could be examined of allowing developing countries to restrict the importation of technologies that were considered hazardous.

275. A second option would be to revise the areas that need updating mentioned above and adopting a Protocol to the Convention concerning the safety of machinery that is being transferred internationally as agreed by the Worker members of the Working Party.(123)  A third option might be to consider this Convention in the context of a broader review of occupational safety and health instruments.

276. The first option would mean a partial revision of Convention No. 119 and the extension of its scope to cover the safety of machinery that is being transferred internationally. Ratification by a member State of the new revising Convention, unless the new Convention otherwise provides, would involve the immediate denunciation of Convention No. 119 which, however, would remain in force in its actual form and content for member States which have ratified it but have not ratified the revising Convention. The second option would mean a partial revision of Convention No. 119 and the elaboration of a new instrument in the form of a Protocol to the revising Convention which would extend its coverage to safety of machinery that is being transferred internationally. Both instruments would be open for ratification, the Protocol at the same time or at any time after member States' ratification of the revising Convention. The third option should be further developed and the merits of one or other of these options require further consideration.

277. Based on an examination of the Convention in the context of the Working Party on Policy regarding the Revision of Standards in 1997 and 1998, the Governing Body approved, at its 271st Session (March 1998), a proposal to revise this Convention.

278. The Occupational Safety and Health Convention, 1981 (No. 155), provides for a national policy and covers action related to the design, testing, choice, substitution, installation, arrangement, use and maintenance of material elements of work including machinery tools and equipment (Part II, Article 5). It also provides for action at the national level to ensure that those who design, manufacture, import, provide or transfer machinery and equipment are satisfied that the machinery or equipment does not entail dangers for the safety and health of those using it correctly and that information is made available on the correct installation and use (Part II, Article 12). Additionally, employers are required at the level of the undertaking to ensure that machinery and equipment under their control is safe and without risk to health (Part IV, Article 6).

279. If the proposal is accepted, a study would need to be undertaken to review the current laws and practices of member States regarding the guarding of machinery and the transfer of technology, including recent and relevant EU legislation.

280. In the course of the consultations on the need to revise this Convention, 20 member States reported obstacles to ratification. Most of them identified difficulties related to specific Articles in the Convention, discrepancies between the Convention and national legislation and problems with the implementation of the Convention. A revision of the operational parts of Convention No. 119 might contribute to future ratifications.

281. The most appropriate method of revising this Convention could be evaluated in the light of the results of the examination of the question of methods of revision in the Working Party. It could be ready for selection for the agenda of the Conference at the earliest in 2003.

19. Maximum weight -- Revision of Convention No. 127

282. The decision to revise this Convention results from its examination in the Working Party. Further research on the appropriate directions to take in revising this instrument should be carried out, inter alia, by convening a meeting of experts. In addition, the most appropriate form for revising this Convention could be evaluated in the light of the results of the examination of the question of methods of revision in the Working Party. It could be ready for selection for the agenda of the Conference at the earliest in 2003.

283. Manual lifting, lowering and moving of heavy material and work items are strenuous and are a major cause of accidents. Back injuries and back pain are the most common feature of accidents and disorders reported in a wide range of workplaces, including construction sites, agricultural undertakings, factories, mines, offices, warehouses, shops, hospitals and anywhere else where lifting or carrying of loads takes place as a feature of the work process. A significant number of manual-handling accidents have a lasting effect and sometimes lead to permanent disabilities of the victims.

284. The Maximum Weight Convention, 1967 (No. 127), and its accompanying Recommendation (No. 128) have a basic protective approach to these issues and focus on individual worker's protection, although some aspects of prevention also are mentioned.

285. In the course of the examination of Convention No. 127 in the context of the Working Party on Policy regarding the Revision of Standards,(124)  member States were consulted on the possible need to revise this Convention. The comments received from governments(125)  questioned, in particular, the basic approach of the Convention, the special rules for women and young workers in its Article 7 and the maximum permissible weight limit prescribed in Article 3. The problem is that these issues are interlinked and any attempt to resolve them separately raises new problems.

286. If the basic approach of the Convention is updated, the preventive approach that it would advocate may well be beyond the possibilities of many countries which still need a protective approach. A revision of the Recommendation could be useful, but the numerical value of the maximum permissible weight (55 kg) that it currently recommends would have to be divided by three. A Protocol is not likely to change the basic approach of the Convention.

287. There are several alternative solutions that could be envisaged and they may be combined, for example:

288. Whatever solution will be chosen, the guidance necessary to implement a comprehensive preventive approach is too detailed to be incorporated in an international instrument and consideration should be given to the elaboration of a code of practice.

289. The origins of this proposal concerning Convention No. 127 can be traced to the difficulties in implementation identified by a number of governments in their reports on its application. More directly, this proposal is a result of the examinations in the Working Party and the consultations held with constituents on the basis of which the Governing Body, in March 1998, decided that this Convention should be revised.

290. The Occupational Safety and Health Convention, 1981 (No. 155), requires employers to ensure that, so far as is reasonably practicable, the workplaces and processes under their control are safe and without risk to health. The Occupational Safety and Health Recommendation, 1981 (No. 164), identifies the field of "handling, stocking and storage of loads and materials manually or mechanically" (paragraph 3(f)).

291. The Occupational Health Services Convention (No. 161) and Recommendation (No. 171), 1985, include provisions which are directly relevant to the transport of loads such as those concerning risk identification and assessment, surveillance of workers' health and ergonomics (Article 5 of the Convention and Paragraph 8 of the Recommendation).

292. Information on national legislation was gathered and published in 1988.(126)  More recent information has been collected and a brief review of current problems is under preparation.

293. The first step would be for the Office to make an analysis of national law and practice in relation with the alternative solutions proposed under (b). On this basis it could be decided whether an acceptable solution can be found or if there is a need for advice and recommendations formulated by a tripartite meeting of experts convened for that purpose. If so, this meeting of experts could also produce advice on the preventive approach which should be adopted as regards the transport of loads and on the content of the instrument or instruments which should be prepared. Provisions for such a meeting could be introduced in the Programme and Budget proposals for 2002-03.

20. Hours of work and rest periods (road transport) --
Revision of Convention No. 153

294. The decision to revise this Convention results from its examination in the Working Party. This Convention raised complex questions involving the external competence of the European Community which remain unresolved. Specific research into other questions arising in relation to the revision remains to be done. This proposal could be ready for selection for the agenda of the Conference at the earliest in 2003.

295. In the course of the examinations in March 1996(127)  and March 1998(128)  of this Convention in the Working Party on Policy regarding the Revision of Standards, it was noted, inter alia, that this Convention was one of the recent Conventions which had received few ratifications.(129)  It emerged from the consultations held with member States on the possible need to revise this Convention that one of the major obstacles to ratification appeared to be the relationship between Convention No. 153 and the AETR.(130)  Several member States also reported on other general obstacles, mainly consisting in discrepancies between their national legislation and the Convention.(131) 

296. In the Working Party's discussions on this question, the Chairperson pointed out that this Convention raised complex questions, as it had prompted discussions between the European Commission and the ILO on the external competence of the European Community in matters of common interest. The Commission considered that the subject covered by Convention No. 153 was exclusively within the competence of the EEC and that, consequently, it was no longer up to Member States to ratify ILO Conventions on an individual basis in this matter. This position had brought to a standstill the ratification of certain ILO Conventions by Member States of the European Community. Although the Court of Justice of the European Community had recently ruled in an advisory opinion that there was a "shared competence" between the Commission and Member States on this subject, the situation had changed little and the time was ripe to re-examine the problems posed by this Convention.(132) 

297. In the consultations held in 1998 on the portfolio, it was specifically suggested by one Government(133)  that the revision of this Convention should take into account the difficulties in implementation and divergences noted by member States in the consultations of 1997 concerning, inter alia, the minimum duration of driving time per day and per week as well as the minimum duration of daily rest periods. Furthermore, the national conditions, especially those relating to geography, road systems, distances to be travelled and climate, were special circumstances which in a number of respects called for different regulation than that required by the Convention.

298. This proposal derives from the examination of Conventions in the Working Party on Policy regarding the Revision of Standards. The Governing Body examined at its 271st Session (March 1998) a proposal by the Working Party either to consider the question of the revision of Convention No. 153 in the context of the item "Working time arrangements" or to include the revision of Convention No. 153 as a separate item in the portfolio. The Governing Body opted for the latter alternative.(134) 

299. This Convention is related to other ILO Conventions on working time. It should be recalled, however, that both the Employers' and the Workers' groups agreed in the course of the discussion of this Convention in the Committee on Legal Issues and International Labour Standards at the 271st Session (March 1998) of the Governing Body that the issues covered by this Convention had "specific characteristics [...] which differed from the concept of working time in general".(135) 

300. As noted in the context of the proposal concerning "Working time arrangements," research is currently ongoing on working time and safety and health. It is expected to include information regarding long hours of work in the road transport sector among others. For the 2000-01 biennium, a report on working time trends in developing countries and countries in transition has been proposed. The development of a database on hours of work, weekly rest, holidays with pay, overtime, etc. in ILO member States has also been proposed.

301. Specific research into the questions arising in relation to the revision of Convention No. 153 including the points raised above (paragraphs 296-297) remains to be done. It could be undertaken once the results of the research mentioned above have been examined, unless the Governing Body decides to consider this revision on a priority basis. This proposal could be ready for selection for the agenda of the Conference at the earliest in 2003.

21. Night work of children and young persons --
Revision of Conventions Nos. 6, 79 and 90

302. The decision to revise this Convention results from its examination in the Working Party on Policy regarding the Revision of Standards. Further research should be carried out on the appropriate directions to take in revising this instrument. In addition, the most appropriate form for revising this Convention should be evaluated in the light of the results of the examination of the question of methods of revision in the Working Party. It could be ready for selection for the agenda of the Conference at the earliest in 2003.

303. The Working Party on Policy regarding the Revision of Standards has discussed the possible adoption of new instruments on night work of young persons to replace all existing instruments with an instrument of general scope. This procedure would correspond to the action taken on minimum age. These considerations were highlighted in the Working Party in the course of its examination of the Night Work of Young Persons (Non-Industrial Occupations) Convention, 1946 (No. 79), the Night Work of Young Persons (Industry) Convention, 1919 (No. 6), and the Night Work of Young Persons (Industry) Convention (Revised), 1948 (No. 90), in March 1996 and March 1997.

304. As a result of the work of the Working Party, the Governing Body decided in March 1996 that appropriate measures be taken to revise the provisions of Convention No. 79, and "possibly of other instruments on the night work of young persons". Subsequently, in March 1997, the Governing Body decided to contemplate the revision of the Conventions on the night work of young persons, in particular Convention No. 90, and include Convention No. 6 in its examination. This could take the form of a consolidated new instrument or a Protocol to the Night Work Convention, 1990 (No. 171), that would deal with the specific conditions of night work for children and young persons.

305. The decisions by the Governing Body to revise Convention No. 79 were taken in March 1996 and to revise Conventions Nos. 6 and 90 in March 1997, in all three cases based on the work of the Working Party.

306. In 1990 the ILO adopted the Night Work Convention (No. 171). This Convention, however, contains no provisions specifically aimed at young persons. In 1999 the ILO adopted the Worst Forms of Child Labour Convention (No. 182) and its accompanying Recommendation (No. 190). The Convention requires ratifying States to take immediate and effective measures to secure the prohibition and elimination of work which, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children, defined as under the age of 18. Article 4 of the Convention requires that in determining such work, consideration should be given to relevant international standards and, inter alia, Paragraph 3 of the Recommendation, which includes work under particularly difficult conditions, such as work for long hours or during the night or work where the child is unreasonably confined to the premises of the employer.

307. No preparatory work on this subject has been carried out.

308. In the discussions following the decisions to revise these Conventions a few governments have addressed optional forms for carrying out these revisions. Two governments(136)  have stated that the revision of these Conventions should be considered after the adoption of the new instruments. One Government(137)  has noted that the revision remained relevant. One Government proposes the abrogation of these instruments with reference to the Minimum Age Convention, 1973 (No. 138) and the new Convention on the Worst Forms of Child Labour, 1999 (No. 182). (138)  

309. Should the Governing Body decide that this issue is a priority, the Office could be requested to undertake the research and preparatory work required to enable the Governing Body to place this item on the agenda of a future session of the International Labour Conference.

22. Medical examination of seafarers -- Revision of Conventions Nos. 16 and 73

310. Following the examination of Conventions Nos. 16 and 73 in the Working Party on Policy regarding the Revision of Standards, the Governing Body at its 274th Session (March 1999) approved a proposal to revise these Conventions. It decided on the inclusion of these revisions in the portfolio.

311. The Governing Body also requested that member States be invited to inform the Office whether the revision of these Conventions should be considered as a joint or separate proposal in the portfolio. The consultations with member States on this question are ongoing. The Office will be in a better position to decide on the further development of this proposal after examining the outcome of those consultations.

* * *

III. Other proposals

312. This heading includes a series of less detailed proposals or ideas which, in most instances, have been advanced by constituents in the consultations held, and concerning which the Office has not yet undertaken any specific research. A new item is introduced under the title "Work and family".

313. In the context of this year's consultations on the portfolio as well as in previous consultations, several governments have proposed either to link some of these proposals to a more developed proposal or to integrate some of them in the consideration of a larger theme.(139)  If further research and development of these proposals is undertaken, it should include an assessment of their possible relation with more developed proposals. The Governing Body is invited to indicate which of these items should be retained in the portfolio.

23. Decent jobs and productivity

314. This proposal, initiated by the Office, is being submitted to the Governing Body for the first time.

315. Long-term statistical trends show the strong positive correlation between productivity improvement, employment and income. Countries and regions that are able to achieve sustained productivity increases in the long term have higher per capita income and lower incidence of poverty, are able to provide better social services and security and, on the whole, provide a higher standard of living to their people. As stated in the Report of the Director-General to the International Labour Conference in June 1999, Decent work, "employment quality can pay for itself through productivity gains".

316. However, such a positive linkage between productivity and job quality is not automatic. While long-term productivity increases are widely recognized as desirable, the pressure of heightened competition brought about by the increased market liberalization in a globalized economy could lead to enterprise practices that result in the loss of jobs and a degradation in the quality of employment in the short term. Such practices are based on a limited notion of labour productivity, and not on a full appreciation that sustainable, long-term productivity gains are based on many interrelated factors. These include technology upgrading, human resource development, upgrading of the skills of workers, specialists and managers, systems and methods for equitable sharing of productivity gains, and adequate systems for dialogue and consultation between workers and employers at the enterprise and national levels based on freedom of association and the right to bargain collectively.

317. With the deepening of globalization it is essential for the ILO to examine the heightened importance of productivity, and explore enterprise, sectoral and national strategies for enhancing productivity and competitiveness through so-called "high road approaches" which emphasize good human resource management and development, enterprise and industry upgrading, labour-management cooperation and consultation, and equitable sharing of productivity gains among stakeholders. A discussion will further the aim of the ILO Declaration on Fundamental Principles and Rights at Work and its Follow-up to ensure that social progress goes hand in hand with economic progress.

318. The discussions can draw on ongoing ILO work. Productivity improvement, competitiveness and quality jobs are the subject of an Action Programme implemented in the 1998-99 biennium. Guides and manuals have been developed on how to improve productivity and competitiveness at the national and enterprise levels following the "high road" that achieves both economic and social goals.

319. The general discussion would take note of and put into a more contemporary context the various Conventions and Recommendations that have a bearing on the promotion of productive, remunerative and quality jobs; highlight the key factors that are now critical to improving productivity for sustainable economic and social development; and identify key roles for the social partners in creating the necessary conditions at the enterprise, sectoral, national, and international levels to ensure continuous improvements in productivity while safeguarding workers' rights.

320. A general discussion could also consider widening the framework of the notion of productivity beyond economics so as to encompass such emerging concepts as social productivity and the integration of productivity with the issues of social stability, and would also review the appropriateness of adopting an instrument, most likely a Recommendation, which could provide guidance to constituents on policy and practice in the area of productivity upgrading.

24. Export processing zones

321. In the consultations on the portfolio held in 1997 the workers' organizations advocated a general discussion on this topic. It was taken up under "Other proposals" in the 1998 portfolio.

322. In the course of discussions in the Governing Body as well as in the consultations on the portfolio held so far, 15 governments(140)  and the Workers' group in the Governing Body have supported this proposal. Two governments(141)  and the employers' organizations have stated their oppositon to this item, and another Government(142)  has proposed that this question be dealt with in the context of the Working Party on the Social Dimensions of the Liberalization of International Trade. The employers' organizations also propose that this item be deleted from the portfolio.

323. It should be recalled that this issue was recently discussed at the Tripartite Meeting of Export Processing Zone -- Operating Countries, held in 1998.(143)  The conclusions did not include any calls for normative action.

25. Multinational enterprises and social issues

324. This item, proposed for general discussion, was first mentioned in the 1987 report of the Ventejol Working Party. It was initiated by several workers' organizations in the 1997 consultations and was taken up for the first time in the 1997 portfolio.

325. In the 1960s, the advent of multinational enterprises ("MNEs") on the world economic scene and the power and influence they exercised gave rise to concerns, especially among governments in the developing regions and the international trade union movement.

326. The ensuing wide-ranging debate on the social, economic and political ramifications of MNE activities resulted in demands for the development of instruments to regulate their conduct. While other aspects were dealt with in other forums, the labour and social aspects of the issue were covered by the adoption by the ILO in 1977 of the Tripartite Declaration of Principles concerning Multinational Enterprises and Social Policy.

327. Since then foreign direct investment by MNEs has fuelled globalization, and MNEs play an increasingly important role in the economies of many countries, so much so that they have been called "the powerhouse of the global economic system". They are sources of capital, employment, know-how, human resources development, technology, and provide linkages to an expanding world market. MNEs impact every facet of industry, trade, services, commerce and manufacturing. No less than some 190 million people depend on MNEs for their direct or indirect employment.

328. The process of globalization itself has helped to highlight the increasing influence and power of the principal actors in the process, i.e. the multinational enterprises. This makes multinational enterprises a most powerful and formidable economic and social agent, and there is no doubt that their activities have profound social, cultural, economic, as well as political, impact.

329. At its 69th Session (1983), the International Labour Conference discussed the "social aspects of industrialization", an issue which is in some ways related to MNE activities. However, in view of the dramatic changes that have taken place in the world economy and the growing concern that continues to be expressed worldwide on the consequences of accelerated globalization on social priorities and developments, it would appear useful for the Governing Body to examine the placing on the agenda of the International Labour Conference, for general discussion, an item entitled "MNEs, globalization and social issues".

330. A general discussion on a subject entitled "Multinational enterprises and social policy" was suggested by several workers' organizations during the 1997 consultations on the portfolio. In the course of the consultations held so far, 21 governments(144) have supported this proposal and two governments(145)  as well as the employers' organizations have opposed it. As regards the scope of the general discussion, it has been proposed(146)  that it should include issues related to social responsibility such as codes of conduct and social labelling, private instruments often used by multinational enterprises. The employers' organizations propose that this item be deleted from the portfolio.

331. It should also be recalled that following the 1998 Tripartite Meeting on the Human Resources Dimension of Structural and Regulatory Changes in Postal and Telecommunications Services, a resolution was adopted that invited the Governing Body to request the Director-General "to consider the possibility of including labour-related issues of multinational enterprises on the agenda of a forthcoming session of the International Labour Conference".(147) 

26. Prevention of psychosomatic disorders and mental stress

332. This item was suggested for new standards by the Ventejol Working Party in 1987.(148)  It was included in the Programme and Budget for 1996-97 among the work in preparation for possible standard-setting action.

333. In the course of the consultations held so far, 13 governments(149)  and the workers' organizations have supported this proposal. Two governments(150)  and the employers' organizations have stated their opposition, while it was not a priority for one Government,(151)  and further clarification was requested by another Government.(152)  The employers' organizations have proposed that this item be deleted from the portfolio.

27. Public sector employment

334. This proposal originates from a governmental suggestion(153)  in the 1997 consultations on the portfolio. In the course of the consultations held so far, 33 governments(154)  and the employers' organizations have taken up and supported this proposal, while two governments(155)  have opposed it. Proposals have also been made to join consideration of this issue with other proposals,(156)  and to change the focus of this item, as reflected by a change of title to "Modernization of the public sector".(157) 

335. It should be recalled that, following the ILO Joint Meeting on Human Resource Development in the Public Service in the Context of Structural Adjustment and Transition, held in December 1998, no resolution was adopted regarding possible normative action on the subject.

28. The social impact of globalization

336. This item was taken up by the Office in the 1997 portfolio.

337. A research programme has been undertaken in this area, under the auspices of the Working Party on the Social Dimensions of the Liberalization of International Trade. In particular, a range of country studies has been completed.(158)  A preliminary synthesis report that puts together the main lessons of these studies and presents the results of analytical and policy-oriented research based on a large number of countries at all stages of economic development was presented at the March session of the Governing Body.(159)  The final version of the synthesis report will be discussed at the present session of the Governing Body and subsequently published. The main message emerging from this work is that the benefits of globalization can be enhanced, and the social costs reduced, if countries adopt a range of social and labour policies -- identified in the report as the four "social pillars". These policies can be justified not only from the social point of view, but also for reasons of economic efficiency.

338. This theme has been supported by 44 governments(160)  in the portfolio consultations. Several suggestions for a more specified focus have been advanced. With one exception,(161)  a general discussion on this theme was supported. The workers' organizations also favoured a general discussion. Three governments(162)  were opposed to this item.

29. Substance abuse at the workplace

339. This proposal originates from a government suggestion in the 1997 consultations on the portfolio.(163) 

340. A meeting of experts was held in Geneva in 1995 to consider, inter alia, a draft code of practice on the management of alcohol- and drug-related problems at the workplace. The code of practice was adopted by the Governing Body in March 1995.(164)  At that meeting the experts recommended that standard setting on this subject be considered following a review of the impact and utilization of the code of practice.

341. The proposal has been taken up and supported by nine governments.(165)  Four governments(166)  and the employers' organizations have proposed that it should be deleted from the portfolio and three(167)  did not consider this issue to be a priority.

30. The role of labour administration in the promotion
of fundamental principles and rights at work and in the
application of ILO core Conventions

342. This proposal emanates from the Office and was submitted for the first time in the 1997 portfolio.

343. By the adoption of the ILO Declaration on Fundamental Principles and Rights at Work in 1998 all member States have pledged to respect, promote and realize the fundamental principles and rights that are the subject of the eight core Conventions. The Annex to the Declaration foresees roles for government, employers' and workers' organizations, and the ILO itself, working with constituents, other organizations and donors. The Declaration provides for the promotion by member States of the fundamental principles and rights that are the subject of the eight core Conventions.(168)  At the national level, what role could labour administrations play in this respect? In addition, should their role be promoted in the effective application of ratified ILO core Conventions?

344. A general discussion on the role of labour administration in the promotion of the principles and rights embodied in the Declaration of Fundamental Principles and Rights at Work and in ensuring the application of national laws and regulations which implement the core international labour standards could take place at a forthcoming session of the Conference. This proposal, in particular the preparation of the Conference report on which the discussion could be based, would involve different units in the Office as well as virtually all MDTs. It would start by analysing the role of labour administration systems in relation to the substantive issues covered by the Declaration and the seven core Conventions, and what could be done to strengthen member States' labour administration capacity to make an impact in promoting the principles and rights and in the application of the legislation concerned, in permanent relationship with the social partners.

345. In the course of discussions in the Governing Body as well as in the consultations on the portfolio held so far, 42 governments,(169)  as well as the workers' and employers' organizations, have supported this subject. One Government(170)  has opposed it. The employers' organizations have underscored the importance of making a distinction between the promotion of fundamental principles and the application of ILO core Conventions.

31. Transnational labour relations

346. This question, initiated by the Office, was set out for the first time in the portfolio of proposals for standard-setting action submitted to the Governing Body in March 1997.

347. In the course of the discussions in the Governing Body and the consultations on the portfolio held so far, 26 governments(171)  have supported this issue, while one Government(172)  and the employers' organizations have proposed deleting it from the portfolio. In addition, three governments(173)  considered that this proposal's concept and aim should be clarified. Another Government(174)  advocated its joint consideration with the proposal on multinational enterprises.

348. As suggested in 1997, the Governing Body could propose that the Office clarify this theme, which covers both conflicts of law associated with the cross-border movement of workers, cross-border employment contracts and attempts to extend labour law beyond national borders by giving it extraterritorial effects in certain cases. This issue also seems to be linked to the proposal on migrant workers.

32. Work and family

349. In the context of this year's consultations, it has been suggested(175)  to include in the portfolio a proposal entitled Work and family in the 21st century. This item is proposed for a general discussion on wide-ranging and interrelated items proposed that included conflicts between work and family responsibilities, child care, care of the elderly and care for family members with disabilities, flexible working time arrangements, leave provisions and security of employment and income, the ageing of the workforce, and the working and employment conditions of older workers. It was further proposed that this discussion could provide an opportunity to assess the practical implementation of the Workers with Family Responsibilities Convention, 1981 (No. 156), on which a General Survey was carried out in 1993.

350. A similar proposal was submitted to the Governing Body at its 270th Session (November 1997) under the title Flexible working/family-friendly policies based on a government suggestion(176)  in the 1997 consultations.

351. For the 2000-01 biennium, a proposal has been made to prepare a study on work and family (changes in family patterns, structure of the labour market and social and economic values that influence work and family policies).

33. Other suggestions

352. Some other suggestions for themes to consider or to reintroduce were made by constituents in the 1999 consultations. They included:

353. Finally, the employers' organizations have proposed a revision of the Dock Work Convention, 1973 (No. 137).

Geneva, 6 October 1999.

Point for decision: Paragraph 19.

1. Albania, Angola, Australia, Bahamas, Bangladesh, Belgium, Brazil, Cambodia, Canada, Cape Verde, Chile, China, Colombia, Comoros, Croatia, Denmark, Ecuador, Egypt, El Salvador, Estonia, Finland, France, Germany, Greece, Hungary, India, Iraq, Japan, Kenya, Lebanon, Lithuania, Madagascar, Malawi, Malaysia, Malta, Mauritius, Morocco, Namibia, Netherlands, New Zealand, Nicaragua, Norway, Pakistan, Philippines, Poland, Portugal, Qatar, Saudi Arabia, Senegal, Seychelles, Slovak Republic, South Africa, Spain, Sri Lanka, Suriname, Switzerland, Togo, Tunisia, Turkey, Ukraine, United Kingdom. These responses include seven replies from member States that were received too late to be taken into account in the November 1998 document.

2. Australia, Canada, Japan, Netherlands, New Zealand, Switzerland, United Kingdom and the employers' organizations.

3. GB.276/LILS/WP/PRS/2.

4. Canada.

5. Proposed by Chile, Finland and Switzerland.

6. "Better collaboration and coordination with United Nations agencies and bodies in the field of working life."

7. Record of proceedings, International Labour Conference, 86th Session (1998), Vol. II, pp. 33-34.

8. GB.267/2, para. 13.

9. ILO: Equality in employment and occupation, Special Survey on Equality and Occupation in respect of Convention No. 111, Geneva, 1996, para. 301.

10. Special Survey on Equality in Employment and Occupation in respect of Convention No. 111, Report III(4B), International Labour Conference, 83rd Session, 1996. See especially Ch. 3: The emergence of other grounds.

11. In particular the International Convention on the Elimination of all Forms of Racial Discrimination, adopted in 1965; and the International Covenants on Economic, Social and Cultural Rights, and on Civil and Political Rights, both adopted in 1966.

12. Special Survey, op. cit., para. 243.

13. op. cit., para. 243.

14. In accordance with the decision of the Governing Body arising from the examination of them in the Working Party, the ILO's Conventions on migrant workers have been the subject of the Committee of Experts' General Survey under article 19 of the Constitution, adopted at its session in November-December 1998 and discussed at the 87th Session (1999) of the International Labour Conference.

15. In the Governing Body in Nov. 1997.

16. Albania, Algeria, Antigua and Barbuda, Bangladesh, Botswana, Brazil, Bulgaria, Canada, Chile, China, Colombia, Comoros, Congo, Croatia, Denmark, Egypt, El Salvador, Finland, Greece, Guinea, India, Italy, Japan (not for standard setting -- only for a general discussion), Korea, Lebanon, Lithuania, Madagascar, Malawi, Malta, Mauritius, Morocco, Namibia, Netherlands, Norway, Pakistan, Panama, Peru, Philippines, Portugal, Romania, Russian Federation, Senegal, South Africa, Spain, Sri Lanka, Suriname, Sweden, Switzerland, Turkey, Ukraine, United Arab Emirates, United Kingdom.

17. Australia, Germany, Myanmar, Nicaragua, Qatar.

18. Hungary, United Kingdom,United States.

19. Albania, Antigua and Barbuda, Bahrain, Botswana, Chile, China, Denmark, Ecuador, El Salvador, Estonia, Finland, Germany, Greece, India, Italy, Lebanon, Lithuania, Malawi, Malta, Mauritius, Netherlands, New Zealand, Nicaragua, Norway, Pakistan, Peru, Portugal, Romania, Senegal, South Africa, Spain, Sri Lanka, Switzerland, Tunisia, Ukraine, United Arab Emirates, United Kingdom.

20. Canada and Japan.

21. Australia and Colombia.

22. Lebanon.

23. Spain.

24. Netherlands.

25. The employers' organizations. A similar proposal has been made by Japan.

26. Albania, Australia, Bangladesh, Brazil, China, Congo, Czech Republic, El Salvador, Finland, India, Japan, Korea, Lebanon, Malawi, Mauritius, Namibia, Portugal, Senegal, South Africa, Sri Lanka, Swaziland, Switzerland, Tunisia, Ukraine.

27. United Kingdom.

28. South Africa.

29. Albania, Algeria, Antigua and Barbuda, Argentina, Australia, Austria, Bahrain, Bangladesh, Botswana, Brazil, Bulgaria, Canada, Chile, China, Colombia, Congo, Costa Rica, Côte d'Ivoire, Ecuador, Egypt, El Salvador, Finland, Germany, Greece, Guinea, Hungary, India, Italy, Japan, Korea, Lebanon, Lithuania, Malawi, Malaysia, Mauritania, Mauritius, Mexico, Namibia, Netherlands, Norway, Pakistan, Panama, Peru, Portugal, Qatar, Senegal, Slovak Republic, South Africa, Spain, Swaziland, Switzerland, Tunisia, Turkey, Uganda, Ukraine, United Arab Emirates, United Kingdom, United States.

30. Denmark.

31. El Salvador, Pakistan and Qatar propose a Recommendation.

32. Finland.

33. Albania, Austria, Bangladesh, Canada, Chile, El Salvador, Finland, Germany, India, Japan (priority), Lebanon, Lithuania, Malawi, Malta, Mauritius, Netherlands, Portugal, Senegal, Spain, Sri Lanka, Ukraine, United Kingdom.

34. Australia.

35. See also paras. 61-62 and 243 in the 1996 Special Survey on Equality in Employment and Occupation (by the Committee of Experts on the Application of Conventions and Recommendations).

36. Privatization, restructuring and economic democracy, synthesis report, ILO, May 1999.

37. Greece and Mauritius.

38. Albania, Antigua and Barbuda, Bahrain, Bangladesh, Botswana, Bulgaria, Canada, Chile, China, Colombia, Congo, Czech Republic, Ecuador, Egypt, El Salvador, Estonia, Finland, Greece, Guinea, India, Latvia, Lebanon, Lithuania, Madagascar, Malawi, Mauritius, Norway, Peru, Portugal, South Africa, Sri Lanka, Switzerland, Ukraine, United Arab Emirates, United Kingdom.

39. Germany.

40. Australia and Japan.

41. Sri Lanka.

42. Guinea and Portugal.

43. The employers' organizations.

44. GB.270/2, paras. 104-119.

45. The UN Secretary-General's Agenda for Peace (1992); his Report to the Security Council on the causes of conflict and the promotion of durable peace and sustainable development in Africa (April 1998) and the ACC's decision (October 1998) requesting the various UN agencies and bodies to contribute to its follow-up; and the generic guidelines for a strategic framework approach for response to and recovery from crisis (1998).

46. Such as Employment for peace in Africa, Geneva, ILO, 1998.

47. This includes the field-level data collected, analyses and seminars conducted by the Action Programme on Skills and Entrepreneurship Training for Countries Emerging out of Armed Conflict (1996-97), and the ILO's earlier work (1995) on the reintegration of ex-combatants.

48. The key products include: a manual on training and employment options for ex-combatants; guidelines for employment and skills training in conflict-affected countries; gender guidelines for employment and skills training in conflict-affected countries; a draft training package for institutional capacity building of employment and skills promoters in the conflict-affected contexts; a compendium of skills training and employment initiatives for post-conflict reconstruction; and a framework for ILO policy and action in the conflict-affected context.

49. Albania, Algeria, Angola, Antigua and Barbuda, Australia, Bangladesh, Botswana, Canada, Chile, Colombia, Congo, Egypt, El Salvador, Estonia, Finland, Germany, Greece, India, Japan, Lebanon, Malawi, Mauritius, Netherlands, New Zealand, Norway, Portugal, Qatar, South Africa, Spain, Sri Lanka, Switzerland, Tunisia, Ukraine.

50. Although not as a priority issue.

51. United Arab Emirates and United Kingdom.

52. Switzerland.

53. Albania, Algeria, Antigua and Barbuda, Australia, Austria, Bangladesh, Botswana, Chile, Colombia, Congo, Cuba, Czech Republic, Egypt, El Salvador, Estonia, Finland, Greece, India, Italy, Japan, Lebanon, Malawi, Malta, Mauritius, Myanmar, Namibia, Netherlands, New Zealand, Norway, Pakistan, Panama, Philippines, Portugal, South Africa, Sri Lanka, Suriname, Swaziland, Switzerland, Ukraine, United Arab Emirates, United Kingdom.

54. Canada, China, Germany, Nicaragua.

55. Japan.

56. Antigua and Barbuda, Chile, Cuba, Czech Republic, Panama, Portugal, South Africa, Switzerland, United Arab Emirates, United Kingdom.

57. Australia, Botswana, Colombia, Lebanon, New Zealand.

58. Convention No. 97 has attracted a total of 41 ratifications, and Convention No. 143 has 18 (as at 31 Aug. 1999). Moreover, the rate of ratification of these instruments has slowed considerably in recent years. Neither instrument has been ratified since 1993, and excluding accessions to the instruments by successor States, no new ratification has occurred since 1983 for Convention No. 97 or since 1985 for Convention No. 143.

59. See GB.267/LILS/4/2, para. 62; see also GB.267/9/2, para. 14 and GB.267/PV, p. IV/6.

60. Committee of Experts on the Application of Conventions and Recommendations: Migrant workers: General Survey on the reports on the Migration for Employment Convention (Revised) (No. 97) and Recommendation (Revised) (No. 86), 1949; and the Migrant Workers (Supplementary Provisions) Convention (No. 143) and Recommendation (No. 151), 1975. Report III(Part 1B) to the International Labour Conference, 89th Session, 1999.

61. See para. 653 of the General Survey.

62. See para. 642 of the General Survey.

63. GB.267/9/2.

64. GB.265/ESP/2. The conclusions of that meeting (see GB.270/5) included a proposal to hold a general discussion on the employment of migrants, including questions of basic labour and human rights. See MEIM/1997/D.4, Annex III: 2, appended to GB.270/5.

65. GB.267/WP/PRS/2, Nov. 1996, para. 28, and GB.267/LILS/4/2(Rev.), paras. 59-62.

66. ILO: Migrant workers, General Survey on the reports on the Migration for Employment Convention (Revised) (No. 97) and Recommendation (Revised) (No. 86), 1949; and the Migrant Workers (Supplementary Provisions) Convention (No. 143) and Recommendation (No. 151), 1975, Geneva, 1999, para. 667.

67. The Discrimination in Employment and Occupation Recommendation, 1958 (No. 111), the Private Employment Agencies Convention, 1997 (No. 181), the Nursing Personnel Recommendation, 1977 (No. 157), and the Employment Policy (Supplementary Provisions) Recommendation, 1984 (No. 169).

68. In 1998, a Global Campaign for Ratification of the Convention on Rights of Migrants was launched. For more details on the work of the United Nations and its specialized agencies, see paras. 49-61 of the General Survey.

69. For the text of the GATS, see: WTO: The Results of the Uruguay Round of Multilateral Trade Negotiations, Geneva, June 1994. Internet: http://www.wto.org/ services/ gats.htm.

70. Chile, Finland, Switzerland.

71. W.R. Böhning: Employing foreign workers: A manual on policies and procedures of special interest to middle- and low-income countries, ILO, Geneva, 1996; and M.I. Abella: Sending workers abroad: A manual for low- and middle- income countries, ILO, Geneva, 1997.

72. R.E. Bilsborrow et al.: International migration statistics: Guidelines for improving data collection systems, ILO, Geneva, 1998.

73. This procedure has not yet been used.

74. ILO: Director-General: Decent work, report to the International Labour Conference, 88th Session, 1999, ILO, Geneva.

75. As the Committee of Experts indicated in footnote 19 of the Final Remarks to the General Survey, a Protocol is linked to the Convention to which it is appended, and a State which has not ratified the Convention may not ratify the said Protocol.

76. GB.270/2, paras. 243-254.

77. Internet: http://base.icgeb.trieste.it.

78. GB.258/7/22, paras. 62-64.

79. Albania, Algeria, Antigua and Barbuda, Argentina, Australia, Bahrain, Bangladesh, Belgium, Botswana, Chile, China, Comoros, Congo, Denmark, Ecuador, Egypt, El Salvador, Estonia, Finland, Germany, Greece, Lebanon, Lithuania, Madagascar, Malawi, Malaysia, Malta, Mauritius, Mexico, Myanmar, Netherlands, New Zealand, Norway, Pakistan, Portugal, Romania, South Africa, Sri Lanka, Tunisia, Ukraine, United Arab Emirates, United Kingdom, Uruguay.

80. Canada.

81. Colombia, Japan, Switzerland.

82. Argentina, Australia, Belgium, Belize, Brazil, Costa Rica, Finland, France, Germany, Guyana, Ireland, Japan, New Zealand, Paraguay, Philippines, South Africa, Suriname, Switzerland.

83. See especially paras. 39, 40, 179 and 180 of the Special Survey.

84. STC/HMS/1/1992/13, Note on the proceedings, paras. 17 and 18.

85. Bangladesh, Canada, Congo, Egypt, Germany, Korea, Mauritius, Panama, South Africa, Sweden.

86. Albania, Algeria, Antigua and Barbuda, Botswana, Cambodia, Canada, Chile, China, Czech Republic, El Salvador, Estonia, Finland, Germany, Greece, India, Japan (only for a general discussion), Lebanon, Lithuania, Madagascar, Malawi, Malaysia, Malta, Mauritius, Morocco, Myanmar, New Zealand, Nicaragua, Norway, Panama, Portugal, Romania, South Africa, Sri Lanka, Suriname, Sweden, Ukraine, United Arab Emirates, United Kingdom.

87. Australia, Colombia, Netherlands.

88. Canada.

89. The last contributions on this theme were submitted to the Governing Body in Nov. 1998 and Mar. 1999. See GB.273/2, paras. 153-223; GB.274/3, paras. 190-221.

90. GB.261/STM/4/14.

91. Thirty member States (31.08.1999).

92. Albania, Algeria, Antigua and Barbuda, Argentina, Australia, Austria, Bahrain, Bangladesh, Botswana, Brazil, Cambodia, Canada, Chile, China, Comoros, Congo, Croatia, Denmark, Egypt, El Salvador, Estonia, Finland, Germany, Greece, Guinea, Hungary, India, Japan (for general discussion only), Korea, Lebanon, Lithuania, Madagascar, Malawi, Malaysia, Malta, Mauritius, Mexico, Morocco, Netherlands, New Zealand, Nicaragua, Norway, Portugal, Qatar, South Africa, Spain, Sri Lanka, Sweden, Syrian Arab Republic, Ukraine, United Arab Emirates, United Kingdom, United States.

93. Colombia.

94. Germany.

95. Chile was in favour of adopting a Protocol to Convention No. 121; Egypt, Estonia, Madagascar and Norway proposed adopting a Convention; Lebanon, Qatar and United Kingdom suggested a Recommendation; and Australia, Germany and Portugal proposed that the adoption of standards be preceded by a general discussion on the subject.

96. GB.273/8/12.

97. ILO: Conditions of Work Digest on Working Time around the World, Geneva, 1995.

98. Albania, Algeria, Antigua and Barbuda, Argentina, Australia, Austria, Bahrain, Belgium, Botswana, Brazil, Cambodia, Canada, Chile, China, Colombia, Comoros, Congo, Croatia, Cuba, Cyprus, Egypt, El Salvador, Estonia, Finland, France, Greece, India, Italy, Korea, Lithuania, Madagascar, Malawi, Malta, Mauritius, Mexico, Myanmar, Peru, Philippines, Portugal, Romania, South Africa, Spain, Sri Lanka, Switzerland, Ukraine, United Arab Emirates, United Kingdom.

99. Germany, Japan, Lebanon.

100. Japan, Norway, Netherlands.

101. Australia, Austria, Botswana, Colombia, El Salvador, Finland, Lithuania, Portugal, Switzerland, United Kingdom.

102. Algeria, Antigua and Barbuda, Belgium, Canada, Chile, China, Cuba, Cyprus, Estonia, Greece, Madagascar, South Africa, United Arab Emirates. A Belgian employers' organization did not support standard setting in this area, however.

103. Albania, Antigua and Barbuda, Argentina, Australia, Austria, Bahrain, Bangladesh, Botswana, Brazil, Canada, Chile, China, Colombia, Comoros, Congo, Croatia, Cuba, Cyprus, Czech Republic, Egypt, El Salvador, Estonia, Finland, Greece, India, Japan, Korea, Latvia, Lebanon, Lithuania, Malawi, Malaysia, Malta, Mauritius, Mexico, Myanmar, Namibia, New Zealand, Nicaragua, Norway, Pakistan, Panama, Peru, Portugal, Qatar, Romania, Russian Federation, South Africa, Spain, Sri Lanka, Suriname, Swaziland, Switzerland, Ukraine, United Arab Emirates, United Kingdom.

104. Germany, Japan, Netherlands.

105. Netherlands.

106. A workers' organization in the 1997 consultations.

107. Albania, Antigua and Barbuda, Argentina, Austria, Bangladesh, Belgium, Brazil, Bulgaria, Chile, China, Colombia, Comoros, Congo, Croatia, Cuba, Denmark, Egypt, El Salvador, Estonia, Finland, Greece, India, Japan, Latvia, Lebanon, Lithuania, Madagascar, Malawi, Malaysia, Mauritius, Myanmar, Namibia, Norway, Pakistan, Panama, Portugal, South Africa, Sri Lanka, Ukraine, United Kingdom.

108. Germany.

109. Australia and Canada.

110. Antigua and Barbuda, Chile, China, Colombia, Croatia, Cuba, Estonia, Latvia, Lithuania, Madagascar, Pakistan, Panama, Portugal.

111. Australia, Germany, Lebanon, Netherlands, New Zealand, Portugal.

112. GB.271/LILS/WP/PRS/2, paras. 19-31 and 110-199.

113. See GB.274/3, para. 237.

114. GB.271/LILS/5, paras. 35-38 and 80-82; GB.273/3, paras. 177-191.

115. Adopted by the International Maritime Organization, 1972. See further under "Relation to existing instruments", below.

116. GB.271/LILS/WP/PRS/2, section I.3.

117. The German Government expressed to the Working Party on International Labour Standards its view that the requirement to mark the gross weights on containers had become redundant with the use of documentation which preceded the delivery of containers to the docks at which they were loaded onto vessels. The information as to gross weights given in the documents was used for the purposes of loading and of stowage of containers on the vessel. There was no discussion in the Working Party and henceforth no conclusion was reached on the proposal. Convention No. 27 remained among the instruments to be promoted in the priority category.

118. GB.268/LILS/WP/PRS/1, section VIII.9; GB.268/8/2, App. II, paras. 96-98.

119. GB.271/LILS/WP/PRS/2, section I.3; GB.271/LILS/5, section I.3, paras. 39-40.

120. ILO: Safety in the working environment, General Survey of the reports on the Guarding of Machinery Convention (No. 119) and Recommendation (No. 118), 1963, and on the Working Environment (Air Pollution, Noise and Vibration) Convention, (No. 148), and Recommendation (No. 156), 1977, Geneva.

121. For the initial examination in the Working Party on Policy regarding the Revision of Standards, see GB.268/LILS/WP/PRS/1, section VIII.4 and GB.268/8/2, App. II, para. 84. The 1997-98 consultations have been reported and analysed in GB.271/LILS/WP/PRS/2, paras. 111-120, Mar. 1998.

122. It should be noted that the EC recently adopted a new Directive on this subject -- Directive 98/37/EC of the European Parliament and of the Council of 22 June 1998 on the approximation of the laws of Member States relating to machinery.

123. GB.271/LILS/5, section II.9.

124. GB.268/LILS/WP/PRS/1, section VIII.5; GB.268/8/2, App. II, paras. 85-87.

125. GB.271/LILS/WP/PRS/2, paras. 10-18.

126. Maximum weight in load lifting and carrying, Occupational Safety and Health Series, No. 59, ILO, Geneva, 1988.

127. GB.265/LILS/WP/PRS/1, pp. 39-40.

128. GB.271/LILS/WP/PRS/2, paras. 79-90.

129. Seven ratifications as of 31.08.1999: Ecuador, Iraq, Mexico, Spain, Switzerland, Uruguay, Venezuela. Latest ratification: Uruguay, 1989.

130. European Agreement concerning the Work of Crews of Vehicles Engaged in International Road Transportation (AETR), concluded in Geneva on 1 July 1970. Entry into force: 5 Jan. 1976, UNTS, Vol. 993, p. 143.

131. GB.271/LILS/WP/PRS/2, pp. 79-90.

132. GB.271/LILS/5, para. 65.

133. Canada.

134. See GB.271/LILS/5, para. 74.

135. GB.271/LILS/5, paras. 66-67.

136. Egypt and Italy.

137. United Kingdom.

138. New Zealand. The New Zealand workers have stated that Conventions Nos. 138 and 182 might not cover all aspects of Conventions Nos. 6, 79 and 90 and they should therefore not be abrogated.

139. Guinea, Netherlands, Portugal, Sri Lanka.

140. Albania, Australia, Bangladesh, Chile, Egypt, El Salvador, Finland, India, Japan, Malawi, Mauritius, Namibia, Sri Lanka, Switzerland, Ukraine.

141. Portugal and United Kingdom.

142. Netherlands.

143. Geneva from 28 Sep. to 2 Oct. 1998. See: "Labour and social issues relating to export processing zones", report for discussion at the Tripartite Meeting on Export Processing Zones, 1998. For the report of the meeting, see GB.273/STM/8/1.

144. Albania, Argentina, Bangladesh, Belgium, Chile, Egypt, El Salvador, Finland, India, Japan, Korea, Lebanon, Lithuania, Malawi, Mauritius, Netherlands, Portugal, South Africa, Sri Lanka, Switzerland, Ukraine.

145. Australia and United Kingdom.

146. Switzerland.

147. Resolution concerning multinational enterprises in the postal and telecommunications services, in GB.273/STM/4/2 (App.).

148. Final report of the Working Party on International Labour Standards, in Official Bulletin, Vol. LXX, 1987, Series A, App. II.

149. Albania, Chile, El Salvador, Germany, Greece, India, Japan (general discussion only), Malawi, Mauritius, New Zealand (general discussion only), Portugal, Sri Lanka, Ukraine.

150. Australia and United Kingdom.

151. Lebanon.

152. Finland.

153. Mauritius.

154. Albania, Antigua and Barbuda, Bahrain, Bangladesh, Botswana, Bulgaria, China, Colombia, Comoros, Congo, Cyprus, Ecuador, Egypt, El Salvador, Estonia, Finland, Germany, Greece, Guinea, India, Lebanon, Madagascar, Malawi, Mauritius, Mexico, Norway, Portugal, South Africa, Spain, Sri Lanka, Ukraine, United Arab Emirates, United Kingdom.

155. Australia and Japan.

156. Guinea and Portugal.

157. The employers' organizations.

158. See Task Force's studies on Bangladesh, Chile, Korea, Mauritius, Poland, South Africa and Switzerland.

159. GB.274/WP/SDL/2.

160. Albania, Algeria, Angola, Antigua and Barbuda, Argentina, Bangladesh, Belgium, Botswana, Bulgaria, Canada, Chile, China, Colombia, Cuba, Cyprus, Denmark, Egypt, El Salvador, Estonia, Finland, Germany, Greece, India, Japan, Korea, Lebanon, Madagascar, Malawi, Malta, Mauritius, Morocco, Namibia, Netherlands, Norway, Pakistan, Panama, Portugal, South Africa, Spain, Switzerland, Tunisia, Ukraine, United Kingdom, Uruguay.

161. Pakistan.

162. Australia, Sri Lanka, United Arab Emirates.

163. Mauritius.

164. "Management of alcohol- and drug-related issues in the workplace", an ILO code of practice, Geneva, ILO, 1996.

165. Albania, Bangladesh, El Salvador, India, Malaysia, Malawi, Malta, Mauritius, Ukraine.

166. Australia, Japan, Sri Lanka, United Kingdom.

167. Germany, Lebanon, Portugal.

168. The Forced Labour Convention, 1930 (No. 29), the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), the Equal Remuneration Convention, 1951 (No. 100), the Abolition of Forced Labour Convention, 1957 (No. 105), the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), the Minimum Age Convention, 1973 (No. 138), and the Worst Forms of Child Labour Convention, 1999.

169. Albania, Antigua and Barbuda, Bahrain, Bangladesh, Botswana, Canada, Chile, China, Colombia, Comoros, Cuba, Cyprus, Czech Republic, Egypt, El Salvador, Estonia, Finland, Greece, Guinea, India, Japan, Korea, Latvia, Lebanon, Lithuania, Madagascar, Malawi, Mauritius, Netherlands, Norway, Panama, Peru, Portugal, South Africa, Sri Lanka, Suriname, Swaziland, Switzerland, Tunisia, Ukraine, United Arab Emirates, United Kingdom.

170. Australia.

171. Albania, Antigua and Barbuda, Botswana, Brazil, China, Colombia, Czech Republic, El Salvador, Estonia, Finland, Greece, India, Japan, Lebanon, Lithuania, Malawi, Malaysia, Mauritius, Netherlands, Portugal, South Africa, Spain, Switzerland, Ukraine, United Arab Emirates, United Kingdom.

172. Australia.

173. Canada, Germany, Japan.

174. Sri Lanka.

175. Canada.

176. United Kingdom.


Updated by VC. Approved by NdW. Last update: 26 January 2000.

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