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GB.276/LILS/WP/PRS/1
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Working Party on Policy regarding the Revision of Standards |
LILS/WP/PRS |
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FIRST ITEM ON THE AGENDA
Information note on the progress of work and decisions
taken concerning the revision of standards
Contents
I. Decisions concerning international labour Conventions
- Conventions on fundamental rights at work and priority Conventions
- Decisions to revise
- Promotion of the ratification of revised Conventions
- Promotion of the ratification of up-to-date Conventions
- Requests for additional information
- Shelving, abrogation and withdrawal of Conventions
- Status quo
II. Decisions concerning international labour Recommendations
- Up-to-date Recommendations
- Recommendations expressly replaced
- De facto obsolete Recommendations
- Status quo
1. In accordance with the request by the Working Party on Policy regarding the Revision of Standards, the Office has been regularly preparing and updating an information note on the progress of work and decisions taken concerning the revision of standards. This updated information note takes into account the decisions of the Governing Body through its 274th Session (March 1999).
2. The setting up of a Working Party on Policy regarding the Revision of Standards was approved by the Governing Body at its 262nd Session (March-April 1995).(1) This decision was taken following the discussions on standard-setting policy at the International Labour Conference in 1994. Since its creation, the Working Party has held eight meetings (November 1995, March and November 1996, March and November 1997, March and November 1998, March 1999). It has formulated a significant number of proposals that have been unanimously approved by the Committee on Legal Issues and International Labour Standards (LILS Committee) and the Governing Body. This note reviews the decisions taken thus far by the Governing Body, in order to inform the technical and regional departments, the external offices and the multidisciplinary teams, and to guide them in the development of follow-up measures that the Governing Body decisions require.
3. The Working Party has now almost concluded the case-by-case examinations of the Conventions and started the examination of the Recommendations. Decisions have been taken by the Governing Body on 147 Conventions and 33 Recommendations.(2) Information on Governing Body decisions are presented below in a systematic and concise manner.
I. Decisions concerning international labour Conventions
1. Conventions on fundamental rights at work and
priority Conventions
4. The Governing Body has confirmed the central role of 11 Conventions within the ILO standards system.(3) It considers that these Conventions remain fully relevant and up to date, and that there is no reason to contemplate their revision.
A. Seven Conventions on fundamental rights at work
|
Subject-matter |
Conventions proposed for ratification |
|
Freedom of association |
Freedom of Association and Protection of the Right to Organise Convention, 1948 (
No. 87
)
|
|
Forced labour |
Forced Labour Convention, 1930 (
No. 29
)
|
|
Non-discrimination |
Equal Remuneration Convention, 1951 (
No. 100
)
|
|
Minimum age |
Minimum Age Convention, 1973 ( No. 138 ) |
5. The Governing Body decision strengthens the essential role and function of these Conventions, as recognized by the World Summit for Social Development in Copenhagen (March 1995). The principles contained in these Conventions are the substance of the ILO Declaration on Fundamental Principles and Rights at Work and its Follow-up. A ratification campaign is under way which is aimed at the universal ratification of these Conventions.(4)
B. Four priority Conventions
|
Subject-matter |
Conventions proposed for ratification |
|
Employment policy |
Employment Policy Convention, 1964 ( No. 122 ) |
|
Labour inspection |
Labour Inspection Convention, 1947 (
No. 81
)
|
|
Tripartite consultation |
Tripartite Consultation (International Labour Standards) Convention, 1976 ( No. 144 ) |
6. The Governing Body decided in 1993(5) that detailed reports on the application of these Conventions be requested every two years for examination by the Committee of Experts on the Application of Conventions and Recommendations.
7. Proposals for revision have been approved by the Governing Body with respect to 15 Conventions.
A. Thirteen proposals are final
|
Subject-matter |
Conventions proposed for revision |
|
Hours of work |
Hours of Work and Rest Periods (Road Transport) Convention, 1979 ( No. 153 ) |
|
Occupational safety and health |
White Lead (Painting) Convention, 1921 (
No. 13
)
|
|
Maternity protection |
Maternity Protection Convention, 1919 (
No. 3
)
|
|
Night work of children and young persons |
Night Work of Young Persons (Industry) Convention, 1919 (
No. 6
)
|
|
Seafarers |
Medical Examination of Young Persons (Sea) Convention, 1921 (
No. 16
)
|
8. The first discussion on the revision of the instruments on maternity protection took place during the 87th Session (1999) of the Conference. The second discussion will take place at the 88th Session (2000). In addition, member States which have ratified both Conventions Nos. 3 and 103 have been invited to examine the possibility of denouncing Convention No. 3.
B. Two proposals are conditional
|
Subject-matter |
Conventions proposed for revision |
|
Hours of work |
Sheet-Glass Works Convention, 1934 (
No. 43
)
|
9. The Working Party has recommended that these two Conventions be included among the Conventions that might be revised should the Working Party recommend a revision of other Conventions dealing with hours of work and working conditions of shiftworkers.
3. Promotion of the ratification of revised Conventions
10. The Governing Body has considered that 55 Conventions are no longer up to date. It has decided to invite the States parties to these Conventions to contemplate ratifying the recent Convention and denouncing, at the same time, the corresponding previous Convention. In some cases, this invitation is accompanied by a request for information on the obstacles and difficulties encountered, if any, that might prevent or delay the ratification of the recent instruments.
11. The main concern of the Working Party has been to avoid a member State deciding on an immediate denunciation of a Convention while postponing, until an uncertain later date, the ratification of the corresponding recent Convention. In this regard, during the discussions in the Working Party, both the Employer and the Worker members stressed that these two measures (ratification/denunciation) together constituted a balanced action that should not be disrupted, and that they should be taken concurrently.(7)
12. The Governing Body has also emphasized that the implementation of these decisions implied that the member States would engage in tripartite consultations, particularly taking into account the procedures provided for in the framework of the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144), and the Tripartite Consultation (Activities of the International Labour Organisation) Recommendation, 1976 (No. 152).
13. The revised Conventions have not always attracted a large number of ratifications, and in certain cases the older Conventions have remained in force. The Working Party has made proposals aimed at reactivating the ratification of revised Conventions and the denunciation, at the same time, of such older Conventions.(8) The Governing Body has decided accordingly in the following cases.
|
Subject-matter |
Conventions proposed for ratification |
Conventions proposed for denunciation |
|
Employment services |
Private Employment Agencies Convention, 1997 ( No. 181 ) (9) |
Fee-Charging Employment Agencies Convention, 1933 ( No. 34 ) |
|
Labour statistics |
Labour Statistics Convention, 1985 ( No. 160 ) |
Convention concerning Statistics of Wages and Hours of Work, 1938 ( No. 63 ) |
|
Hours of work |
Hours of Work and Rest Periods (Road Transport) Convention, 1979 ( No. 153 ) |
Hours of Work and Rest Periods (Road Transport) Convention, 1939 ( No. 67 ) |
|
Paid leave |
Holidays with Pay Convention (Revised), 1970 ( No. 132 ) (10) |
Holidays with Pay Convention, 1936 (
No. 52
)
|
|
Social security |
Employment Injury Benefits Convention, 1964 ( No. 121 ) [Schedule I amended in 1980] |
Workmen's Compensation (Accidents) Convention, 1925 (
No. 17
)
|
|
Medical Care and Sickness Benefits Convention, 1969 ( No. 130 ) |
Sickness Insurance (Industry) Convention, 1927 (
No. 24
)
| |
|
Invalidity, Old-Age and Survivors' Benefits Convention, 1967 ( No. 128 ) |
Old-Age Insurance (Industry, etc.) Convention, 1933 (
No. 35
)
| |
|
Employment Promotion and Protection against Unemployment Convention, 1988 ( No. 168 ) |
Unemployment Provision Convention, 1934 ( No. 44 ) | |
|
Maintenance of Social Security Rights Convention, 1982 ( No. 157 ) |
Maintenance of Migrants' Pension Rights Convention, 1935 ( No. 48 ) | |
|
Occupational safety and health |
Occupational Safety and Health (Dock Work) Convention, 1979 ( No. 152 ) |
Protection against Accidents (Dockers) Convention, 1929 (
No. 28
)
|
|
Safety and Health in Construction Convention, 1988 ( No. 167 ) |
Safety Provisions (Building) Convention, 1937 ( No. 62 ) | |
|
Employment of women |
Night Work (Women) Convention (Revised), 1948 [and Protocol, 1990] (
No. 89
),
or
|
Night Work (Women) Convention, 1919 (
No. 4
),
and/or
|
|
Minimum age |
Minimum Age (Industry) Convention, 1919 (
No. 5
)
| |
|
Indigenous and tribal peoples |
Indigenous and Tribal Peoples Convention, 1989 ( No. 169 ) |
Indigenous and Tribal Populations Convention, 1957 ( No. 107 ) |
|
Seafarers -- Training and entry into employment |
Recruitment and Placement of Seafarers' Convention, 1996 ( No. 179 ) |
Placing of Seamen Convention, 1920 ( No. 9 ) |
|
Seafarers -- General conditions of employment |
Repatriation of Seafarers Convention (Revised), 1987 ( No. 166 ) |
Repatriation of Seamen Convention, 1926 ( No. 23 ) |
|
Seafarers' Annual Leave with Pay Convention, 1976 ( No. 146 ) |
Holidays with Pay (Sea) Convention, 1936 (
No. 54
)
| |
|
Seafarers' Hours of Work and the Manning of Ships Convention, 1996 ( No. 180 ) |
Hours of Work and Manning (Sea) Convention, 1936 (
No. 57
)
| |
|
Seafarers -- Safety, health and welfare |
Accommodation of Crews Convention (Revised), 1949 (
No. 92
),
and
|
Accommodation of Crews Convention, 1946 ( No. 75 ) |
|
Seafarers -- Minimum age |
Minimum Age Convention, 1973 ( No. 138 ) |
Minimum Age (Trimmers and Stokers) Convention, 1921 ( No. 15 ) |
|
Minimum Age Convention, 1973 ( No. 138 ), or if they are not in a position to do so , Seafarers' Hours of Work and the Manning of Ships Convention, 1996 ( No. 180 ) |
Minimum Age (Sea) Convention, 1920 (
No. 7
)
|
14. In addition, in the case of the Equality of Treatment (Accident Compensation) Convention, 1925 (No. 19), the Governing Body invited the States parties to this Convention to contemplate ratifying the Equality of Treatment (Social Security) Convention, 1962 (No. 118), accepting the obligations of Convention No. 118 in particular in respect of its branch (g) (employment injury benefit).
15. In eight other cases, although the previous Convention had not been formally revised, the Governing Body decided, as regards the States parties to such Conventions, to promote the ratification of the recent corresponding Convention while inviting them to denounce, at the same time, the earlier Convention.
|
Subject-matter |
Conventions proposed for ratification |
Conventions proposed for denunciation |
|
Night work |
Night Work Convention, 1990 ( No. 171 ) |
Night Work (Bakeries) Convention, 1925 ( No. 20 ) |
|
Underground work |
Safety and Health in Mines Convention, 1995 ( No. 176 ) |
|
|
Migrant workers |
Migration for Employment Convention (Revised), 1949 ( No. 97 ) |
Inspection of Emigrants Convention, 1926 ( No. 21 ) |
|
Indigenous workers |
Indigenous and Tribal Peoples Convention, 1989 (
No. 169
),
and/or
|
Recruiting of Indigenous Workers Convention, 1936 (
No. 50
)
|
|
Indigenous and Tribal Peoples Convention, 1989 ( No. 169 ) |
Penal Sanctions (Indigenous Workers) Convention, 1939 (
No. 65
)
|
16. In the case of four Conventions relating to workers in non-metropolitan territories, the Governing Body asked the Office to engage in consultations with the governments concerned.(14) These Conventions will be re-examined by the Working Party at a later stage, taking into account the outcome of these consultations. Furthermore, in the context of the examination of the Right of Association (Agriculture) Convention, 1921 (No. 11), the Governing Body invited the member States to ratify on a priority basis the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87).
4. Promotion of the ratification of up-to-date Conventions
17. In the case of the following 34 Conventions, the Governing Body considered that their ratification should be encouraged because these Conventions continued to respond to current needs.
18. With respect to 13 Conventions, the Governing Body has invited the member States to contemplate ratifying the Convention.
|
Subject-matter |
Conventions proposed for ratification |
|
Equality of opportunity and treatment |
Workers with Family Responsibilities Convention, 1981 ( No. 156 ) |
|
Employment |
Human Resources Development Convention, 1975 (
No. 142
)
|
|
Labour administration |
Labour Administration Convention, 1978 ( No. 150 ) |
|
Wages |
Labour Clauses (Public Contracts) Convention, 1949 (
No. 94
)
|
|
Weekly rest |
Weekly Rest (Industry) Convention, 1921 (
No. 14
)
|
|
Occupational safety and health |
Hygiene (Commerce and Offices) Convention, 1964 (
No. 120
)
|
|
Plantations |
Plantations Convention, 1958 [and Protocol, 1982] ( No. 110 ) |
|
Seafarers |
Merchant Shipping (Minimum Standards) Convention, 1976 [and Protocol, 1996] (
No. 147
)
|
19. As concerns 15 other Conventions, the invitation to the member States to contemplate ratifying the Convention is accompanied by a request for information on the obstacles and difficulties encountered, if any, with regard to ratification.
|
Subject-matter |
Conventions proposed for ratification |
|
Freedom of association |
Workers' Representatives Convention, 1971 (
No. 135
)
|
|
Labour relations |
Collective Bargaining Convention, 1981 ( No. 154 ) |
|
Wages |
Minimum Wage Fixing Convention, 1970 ( No. 131 ) |
|
Paid leave |
|
|
Occupational safety and health |
Radiation Protection Convention, 1960 (
No. 115
)
|
|
Social security |
Equality of Treatment (Social Security) Convention, 1962 (
No. 118
)
|
|
Nursing personnel |
Nursing Personnel Convention, 1977 ( No. 149 ) |
|
Seafarers |
Continuity of Employment (Seafarers) Convention, 1976 (
No. 145
)
|
20. In the case of six other Conventions, the Governing Body invited member States which had not yet ratified these Conventions to examine the possibility to do so and inform the Office of the obstacles and difficulties encountered, if any, that might prevent or delay ratification of these Conventions or which might point to the possible need for their full or partial revision.(16)
|
Subject-matter |
Conventions |
|
Social security |
Invalidity, Old-Age and Survivors' Benefits Convention, 1967 (
No. 128
)
|
|
Employment of children and young persons |
Medical Examination of Young Persons (Industry) Convention, 1946 (
No. 77
)
|
21. In addition, in the course of the examination of the Social Security (Minimum Standards) Convention, 1952 (No. 102), the Governing Body noted the importance of the issues covered by this Convention. The World Labour Report 1999-2000 should contain a review on the principles of this Convention.(18) The Governing Body also requested ad hoc information on the possible obstacles to ratification of Convention No. 102 and on the reasons for the limited recourse to its flexibility clauses.(19) The Working Party may re-examine the status of this Convention in due course, including the possible need for a full or partial revision of this Convention, in the light of the information available.
5. Requests for additional information
22. In the case of 24 Conventions, the Governing Body decided that additional information should be requested from the constituents in order to be able to evaluate more precisely the obstacles to ratification or the need for revision of these instruments.
A. General Surveys
23. As regards eight Conventions, the Governing Body decided to invite the member States to provide reports under article 19 of the Constitution and to request the Committee of Experts to carry out General Surveys based on such reports. A General Survey concerning two of these Conventions, the Migration for Employment Convention (Revised), 1949 (No. 97), and the Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143), was examined by the International Labour Conference in June 1999. Following this examination it was agreed to include an item on migrant workers in the portfolio of proposals for the agenda of the Conference with a view to holding a general discussion on this question which will enable to examine the possibility of revising Conventions Nos. 97 and 143.(20)
|
Subject-matter |
Conventions |
General Survey |
|
Hours of work |
Hours of Work (Industry) Convention, 1919 (
No. 1
)
|
Year to be determined |
|
Night work of women |
Night Work (Women) Convention, 1919 (
No. 4
)
|
Requested for 2000 |
|
Migrant workers |
Migration for Employment Convention (Revised), 1949 (
No. 97
)
|
Submitted 1999 |
|
Dockers |
Dock Work Convention, 1973 ( No. 137 ) |
Requested for 2001 |
B. Short surveys
24. The Governing Body has requested the Office to undertake short surveys concerning three Conventions, which will be examined during the 276th Session (November 1999) of the Governing Body.
|
Subject-matter |
Conventions |
|
Employment security |
Termination of Employment Convention, 1982 ( No. 158 ) |
|
Paid leave |
Holidays with Pay Convention (Revised), 1970 (
No. 132
)
|
C. Requests for ad hoc information
25. In the case of six Conventions, member States are invited to inform the Office of the obstacles and difficulties encountered, if any, that might prevent or delay the ratification or which might point to the need for their full or partial revision.
|
Subject-matter |
Conventions |
|
Seafarers |
Seamen's Articles of Agreement Convention, 1926 (
No. 22
)
|
26. Concerning six other Conventions, the requests for ad hoc information are accompanied by invitations to contemplate ratifying the Conventions.(23)
27. Furthermore, the Governing Body invited member States which had not yet ratified the Social Security (Minimum Standards) Convention, 1952 (No. 102), to provide ad hoc information.(24)
6. Shelving, abrogation and withdrawal of Conventions
A. Decisions to shelve
28. The Governing Body considered that certain Conventions no longer corresponded to current needs, and that they had become outmoded or obsolete. It accordingly decided to shelve, with immediate effect, the following 27 Conventions.
|
Subject-matter |
Conventions shelved |
|
Employment service |
Fee-Charging Employment Agencies Convention, 1933 ( No. 34 ) |
|
Hours of work |
Hours of Work (Coal Mines) Convention, 1931 (
No. 31
)
|
|
Night work |
Night Work (Bakeries) Convention, 1925 ( No. 20 ) |
|
Occupational safety and health |
Protection against Accidents (Dockers) Convention, 1929 ( No. 28 ) |
|
Social security |
Old-Age Insurance (Industry, etc.) Convention, 1933 (
No. 35
)
|
|
Minimum age |
Minimum Age (Non-Industrial Employment) Convention (Revised), 1937 ( No. 60 ) |
|
Migrant workers |
Inspection of Emigrants Convention, 1926 (
No. 21
)
|
|
Indigenous workers |
Recruiting of Indigenous Workers Convention, 1936 (
No. 50
)
|
|
Seafarers -- General conditions of employment |
Paid Vacations (Seafarers) Convention (Revised), 1949 ( No. 91 ) |
|
Seafarers -- Minimum age |
Minimum Age (Trimmers and Stokers) Convention, 1921 ( No. 15 ) |
29. Ratification of shelved Conventions is no longer encouraged and their publication in Office documents, studies and research papers will be modified. Shelving also means that detailed reports on the application of these Conventions no longer will be requested on a regular basis. However, the right to invoke provisions relating to representations and complaints under articles 24 and 26 of the Constitution remains intact. In addition, employers' and workers' organizations may still submit observations in accordance with the regular supervisory procedures, for a review by the Committee of Experts on the Application of Conventions and Recommendations resulting, where necessary, in requests for detailed reports. Finally, shelving has no impact on the status of these Conventions in the legal systems of member States that have ratified them.
B. Deferred decisions to shelve
30. The Governing Body further decided to postpone the decision to shelve ten Conventions.
31. It considered that the shelving of Conventions Nos. 63 (statistics), 4 and 41 (night work for women) could not be envisaged until the number of ratifications of these Conventions has decreased.
32. As regards Conventions Nos. 32 and 62 (occupational safety and health), 24, 25 and 44 (social security), the States parties are invited to communicate to the Office information on the obstacles and difficulties, if any, that might prevent or delay the ratification of the more recent Conventions, namely the Occupational Safety and Health (Dock Work) Convention, 1979 (No. 152), the Safety and Health in Construction Convention, 1988 (No. 167), the Medical Care and Sickness Benefits Convention, 1969 (No. 130), and the Employment Promotion and Protection against Unemployment Convention, 1988 (No. 168).
33. Finally, in the case of two Conventions relating to workers in non-metropolitan territories (Conventions Nos. 82 and 83) the question of shelving will be re-examined in the light of consultations to be held with the member States concerned.
C. Prospects for the abrogation or withdrawal of Conventions
34. At its 85th Session in June 1997, the Conference adopted a proposal to amend the ILO Constitution and the Standing Orders of the Conference which introduces a possibility for the Conference to abrogate or withdraw Conventions or Recommendations. The Constitution has been amended to enable the Conference to abrogate, by a majority of two-thirds of the votes of delegates present, any Convention that has lost its purpose or that no longer makes a useful contribution to attaining the objectives of the Organization.(25) By 16 August 1999, 45 member States had ratified or accepted this amendment.(26) Prior to its consideration by the Conference, the Governing Body should, as far as possible, reach a consensus on such a decision, or, if such a consensus cannot be reached, take a decision by a four-fifths majority of its members. Following the amendment of its Standing Orders,(27) the Conference can also decide on the withdrawal of Conventions which have not entered into force or which are no longer in force as a result of denunciations, or of recommendations.
35. The Governing Body has retained five shelved Conventions as candidates for a possible abrogation:(28)
- Hours of work: Convention No. 67;
- Occupational safety and health: Convention No. 28;
- Minimum age: Conventions Nos. 15 and 60;
- Seafarers: Convention No. 91.(29)
36. Furthermore, the Governing Body decided to propose to the Conference the withdrawal of 11 Conventions which had not entered into force.(30) The question of the withdrawal of five of them is already on the agenda of the 88th Session (2000) of the Conference:
- Hours of work: Conventions Nos. 31, 46, 51, 61;
- Migrant workers: Convention No. 66.
The question of the withdrawal of six other Conventions may be placed on the agenda of a future session of the Conference:
37. Regarding the following ten Conventions, the Governing Body decided to maintain the status quo, considering that no other type of decision was appropriate.
|
Subject-matter |
Conventions |
|
Employment policy |
Unemployment Convention, 1919 ( No. 2 ) |
|
Employment services |
Employment Service Convention, 1948 ( No. 88 ) |
|
Social policy |
Social Policy (Basic Aims and Standards) Convention, 1962 ( No. 117 ) |
|
Wages |
Minimum Wage-Fixing Machinery Convention, 1928 (
No. 26
)
|
|
Hours of work |
Forty-Hour Week Convention, 1935 ( No. 47 ) |
|
Employment injury benefits |
Workmen's Compensation (Agriculture) Convention, 1921 ( No. 12 ) |
|
Dockworkers |
Dock Work Convention, 1973 ( No. 137 ) |
|
Seafarers -- Certificates of competency |
Officers' Competency Certificates Convention, 1936 ( No. 53 ) |
|
Seafarers -- Safety, health and welfare |
Accommodation of Crews (Supplementary Provisions) Convention, 1970 ( No. 133 ) |
II. Decisions concerning international labour Recommendations
38. During the 274th Session (March 1999) of the Governing Body, the Working Party examined a first group of Recommendations. The Governing Body took decisions with respect to 33 of them. Recommendations are non-binding instruments, adopted by the Conference, which define the Organization's objectives in a specific sphere and at a given time, and which establish guidelines to be used by member States in the area of social policy. Contrary to Conventions, Recommendations are not subject to ratification.
39. According to the methodology adopted by the Working Party for their examination, Recommendations which have been replaced by way of explicit Conference decisions have been distinguished from Recommendations which may have become de facto obsolete following a change of circumstances or the adoption of later standards on the same subject. In addition, a distinction has been made between Recommendations which accompany or supplement a Convention and those which are autonomous. The Governing Body decisions concerning the former group of Recommendations tend to follow the decisions taken for the corresponding Conventions.(31)
40. When a Recommendation is considered up-to-date, the Governing Body has invited the member States to give it effect, in accordance with the provisions of article 19 of the Constitution. The Governing Body decided accordingly in the cases of the following seven Recommendations.
|
Subject-matter |
Recommendations |
|
Freedom of association |
Workers' Representatives Recommendation, 1971 (
No. 143
)
|
|
Equality of opportunity and treatment |
Workers with Family Responsibilities Recommendation, 1981 ( No. 165 ) |
|
Rehabilitation and employment of disabled persons |
Vocational Rehabilitation (Disabled) Recommendation, 1955 (
No. 99
)
|
|
Labour administration |
Labour Administration Recommendation, 1978 ( No. 158 ) |
2. Recommendations expressly replaced
41. The Working Party took note of the fact that, in practice, the Conference had tended to replace Recommendations rather than revising them pursuant to article 45 of its Standing Orders. Replacement, which includes the modification of a Recommendation by a Convention and/or a Recommendation, is a more far-reaching and more flexible method than revision. The Governing Body took note of the replacement of seven Recommendations by subsequent instruments.
|
Subject-matter |
Recent instruments |
Replaced Recommendations |
|
Vocational guidance and training |
Vocational Training Recommendation, 1939 (
No. 57
)
| |
|
Human Resources Development Recommendation, 1975 ( No. 150 ) |
Vocational Guidance Recommendation, 1949 (
No. 87
)
| |
|
Employment security |
Termination of Employment Convention, 1982 (
No. 158
),
|
Termination of Employment Recommendation, 1963 ( No. 119 ) |
42. Furthermore, the Governing Body invited the member States to inform the Office on the possible need to replace the Employment (Transition from War to Peace) Recommendation, 1944 (No. 71), and the Migration Statistics Recommendation, 1922 (No. 19).
3. De facto obsolete Recommendations
43. As regards 13 other Recommendations, the Governing Body noted that they were obsolete and recommended that they be proposed for withdrawal by the Conference.
|
Subject-matter |
Recommendations |
|
Employment policy |
Unemployment Recommendation, 1919 (
No. 1
)
|
|
Employment services and agencies |
Employment Agencies Recommendation, 1933 (
No. 42
)
|
|
Vocational guidance and training |
Vocational Education (Agriculture) Recommendation, 1921 (
No. 15
)
|
|
Labour inspection |
Labour Inspection (Health Services) Recommendation, 1919 (
No. 5
)
|
44. Regarding the following four Recommendations, the Governing Body decided to maintain the status quo.
|
Subject-matter |
Recommendations |
|
Employment policy |
Special Youth Schemes Recommendation, 1970 ( No. 136 ) |
|
Employment services and agencies |
Employment Service Recommendation, 1948 ( No. 83 ) |
|
Vocational guidance and training |
Human Resources Development Recommendation, 1975 ( No. 150 ) |
|
Labour inspection |
Labour Inspection Recommendation, 1923 ( No. 20 ) |
45. The Governing Body has asked the Office to continue to solicit the information requested in its decisions concerning policy regarding the revision of standards, to promote the ratification of revised or up-to-date Conventions (inviting the member States to denounce at the same time, as appropriate, the corresponding older, outdated Conventions) as well as to invite member States to give effect to the up-to-date Recommendations. The Office has been asked also to provide technical assistance as required by member States in order to enable them to respond in detail to these requests for information. Such responses will assist in directing the future work of the Organization on policy regarding the revision of standards.
46. The Director-General would expect the full cooperation from all units and officials concerned, and in particular from the specialists in the multidisciplinary teams, in the follow-up on the decisions taken by the Governing Body, which are of crucial importance to the credibility and the effectiveness of the standards system of the Organization.
Geneva, 30 September 1999.
Table of links between the Conventions and
Recommendations examined
|
Subject-matter |
Recommendations |
Linked Conventions |
Reference to the decision of the Governing Body on the Convention 1 |
|
Freedom of association |
Workers' Representatives Recommendation, 1971 ( No. 143 ) |
Workers' Representatives Convention, 1971 ( No. 135 ) |
|
|
Rural Workers' Organisations Recommendation, 1975 ( No. 149 ) |
Rural Workers' Organisations Convention, 1975 ( No. 141 ) |
||
|
Labour Relations (Public Service) Recommendation, 1978 ( No. 159 ) |
Labour Relations (Public Service) Convention, 1978 ( No. 151 ) |
||
|
Equality of opportunity and treatment |
Workers with Family Responsibilities Recommendation, 1981 ( No. 165 ) |
Workers with Family Responsibilities Convention, 1981 ( No. 156 ) |
|
|
Employment policy |
Unemployment Recommendation, 1919 ( No. 1 ) |
Unemployment Convention, 1919 ( No. 2 ) |
|
|
Employment services and agencies |
Employment Agencies Recommendation, 1933 ( No. 42 ) |
Fee-Charging Employment Agencies Convention, 1933 ( No. 34 ) |
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Employment Service Recommendation, 1948 ( No. 83 ) |
Employment Service Convention, 1948 ( No. 88 ) |
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Vocational guidance and training |
Human Resources Development Recommendation, 1975 ( No. 150 ) |
Human Resources Development Convention, 1975 ( No. 142 ) |
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Rehabilitation and employment of disabled persons |
Vocational Rehabilitation and Employment (Disabled Persons) Recommendation, 1983 ( No. 168 ) |
Vocational Rehabilitation and Employment (Disabled Persons) Convention, 1983 ( No. 159 ) |
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Employment security |
Termination of Employment Recommendation, 1982 ( No. 166 ) |
Termination of Employment Convention, 1982 ( No. 158 ) |
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Labour administration |
Labour Administration Recommendation, 1978 ( No. 158 ) |
Labour Administration Convention, 1978 ( No. 150 ) |
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1 See Part I of the present information note. | |||
1. The mandate of the Working Party is annexed to GB.267/LILS/WP/PRS/2.
2. The text of the decisions appears in GB.264/9/2, GB.265/8/2, GB.267/9/2, GB.268/8/2, GB.270/9/2, GB.271/11/2, GB.273/8/2 and GB.274/10/2. The factual background and analysis of the Conventions and Recommendations examined are contained in GB.265/LILS/WP/PRS/1, GB.267/LILS/WP/PRS/2, GB.268/LILS/WP/PRS/1, GB.270/LILS/WP/PRS/2, GB.271/LILS/WP/PRS/1, GB.271/LILS/WP/PRS/2, GB.271/4/2, GB.273/LILS/WP/PRS/2 and GB.273/LILS/WP/PRS/4, GB.274/LILS/WP/PRS/2 and GB.274/LILS/WP/PRS/3.
3. The status of the Worst Forms of Child Labour Convention, 1999 (No. 182) will be examined at a later stage.
5. GB.258/6/19, Annex I.
6. Member States are also invited to inform the Office whether the revision of these Conventions should be considered as separate proposals or a joint proposal in the portfolio of proposals for the agenda of the International Labour Conference.
7. The technical modalities for denunciation vary from one instrument to the other. Conventions incorporating the standard final provisions state that ratification of the revised Convention shall ipso jure involve the immediate denunciation of the former Convention. Where the Conference has decided otherwise, however, and for most of the Conventions adopted before 1929 that did not contain this provision, denunciation is not automatic. In such cases, technically the registration of a denunciation can only be made during a given period of time. However, the Governing Body wished to stress the political decision to be taken by the governments, in consultation with the social partners, and not the technical modalities that vary according to the Convention.
8. See above, footnote 6.
9. The Governing Body has also invited the States parties to the Fee-Charging Employment Agencies Convention, 1949 (No. 96), to contemplate ratifying, as appropriate, the Private Employment Agencies Convention, 1997 (No. 181).
10. In accordance with a Governing Body decision, a short survey has been undertaken on this Convention. See below, section 5B, para. 24.
11. The Governing Body invited, on a priority basis, the States parties to Conventions Nos. 5, 10, 33, 59 and 123 to contemplate ratifying Convention No. 138, with recourse to technical assistance as required.
12. The invitation to the States parties to Convention No. 58 to ratify Convention No. 180 is not accompanied by an invitation to denounce Convention No. 58.
13. The Governing Body invited the States parties to Convention No. 45 to contemplate ratifying Convention No. 176 and possibly denouncing Convention No. 45.
14. With regard to the Social Policy (Non-Metropolitan Territories) Convention, 1947 (No. 82), it is a matter of making sure that its provisions are being applied by States parties in the framework of other Conventions in the non-metropolitan territories concerned.
In the case of the Labour Standards (Non-Metropolitan Territories) Convention, 1947 (No. 83), it is a matter of examining in what way the Conventions listed in the Annex to Convention No. 83 could continue to be applied in the non-metropolitan territories concerned.
The member States that have made a formal commitment to apply the provisions of the Right of Association (Non-Metropolitan Territories) Convention, 1947 (No. 84), are invited to contemplate ratifying the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) and/or, as appropriate, the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).
The five States parties to the Labour Inspectorates (Non-Metropolitan Territories) Convention, 1947 (No. 85), are invited to contemplate extending the application of the Labour Inspection Convention, 1947 (No. 81), and/or of the Labour Inspection (Agriculture) Convention, 1969 (No. 129), to non-metropolitan territories that continue to be governed by the provisions of Convention No. 85.
15. The Governing Body has also decided that a short survey be undertaken on this Convention. See below, section 5B, para. 24.
16. See below, section 5C, para. 26.
17. The request for information on the need for revision of Conventions Nos. 77, 78 and 124 includes the question of their possible consolidation.
18. In addition, an item entitled "Social security issues, challenges and prospects" has been placed on the agenda of the 89th Session (2001) of the Conference with a view to a general discussion.
19. See below, section 5C, para. 27.
20. GB.276/2.
21. The Governing Body also decided to promote the ratification of this Convention. See above, section 4, para. 19.
22. As regards Convention No. 92, the request for information is limited to possible obstacles and difficulties encountered which might prevent or delay its ratification.
23. See above, section 4, para. 20.
24. See above, section 4, para. 21.
25. Pursuant to article 36 of the Constitution, this amendment will take effect when ratified or accepted by two-thirds of the Members of the Organization including five of the ten Members which are represented on the Governing Body as Members of chief industrial importance.
26. Albania, Bahrain, Barbados, Bulgaria, Canada, China, Cyprus, Dominica, Dominican Republic, Ecuador, Egypt, Ethiopia, Finland, Hungary, India, Ireland, Jordan, Republic of Korea, Kuwait, Lebanon, Libyan Arab Jamahiriya, Malawi, Malaysia, Mauritius, Mexico, Namibia, Nepal, New Zealand, Norway, Pakistan, Panama, Peru, Portugal, Qatar, Romania, San Marino, Saudi Arabia, Singapore, Slovakia, Sri Lanka, Sweden, Tajikistan, Thailand, United Arab Emirates and Zambia.
27. Article 45bis of the Standing Orders of the Conference.
28. Before the meaning of this term had been clarified in GB.267/LILS/WP/PRS/1.
29. The Working Party (or LILS Committee) will re-examine the situation of Convention No. 91 in due course with a view to its possible abrogation when the level of ratifications of Convention No. 91 has substantially decreased as a consequence of the ratification of Convention No. 146.
30. Furthermore, the Working Party (or LILS Committee) will re-examine the situation of Convention No. 109 including its possible withdrawal in due course, after the entry into force of Convention No. 180.
31. See table attached to this information note (Appendix).
32. This Recommendation has, in turn, been replaced by the Human Resources Development Recommendation, 1975 (No. 150), see below.