International Labour Conference

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CONTENTS

Introduction

Examination of Conventions Nos. 31, 46, 51, 61 and 66

Questionnaire

Annex: Conventions Nos. 31, 46, 51, 61 and 66 [not reproduced here]

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INTRODUCTION

1. At its 271st Session (March 1998), the Governing Body of the International Labour Office decided to place on the agenda of the 88th Session (2000) of the International Labour Conference⁽¹⁾ the question of withdrawal of the following five Conventions: the Hours of Work (Coal Mines) Convention, 1931 (No. 31); the Hours of Work (Coal Mines) Convention (Revised), 1935 (No. 46); the Reduction of Hours of Work (Public Works) Convention, 1936 (No. 51); the Reduction of Hours of Work (Textiles) Convention, 1937 (No. 61); and the Migration for Employment Convention, 1939 (No. 66).

2. In order to permit the Conference to abrogate or withdraw obsolete international labour Conventions or Recommendations, the International Labour Conference adopted at its 85th Session (June 1997) an amendment to the Constitution of the International Labour Organization through the addition of paragraph 9 of article 19,⁽²⁾ and to the Standing Orders of the Conference (new article 11 and new article 45bis of the Standing Orders). A Convention or a Recommendation is considered obsolete "if [it] appears that it has lost its purpose or that it no longer makes a useful contribution to attaining the objectives of the Organization".⁽³⁾ At its 270th Session (November 1997), the Governing Body amended its Standing Orders by the adoption of a new article 12bis setting out the procedure for placing the question of abrogation or withdrawal of instruments on the agenda of the Conference. The procedure for abrogation applies to Conventions which are in force. The procedure for withdrawal applies to Conventions which are not in force and to Recommendations. As the Conference noted⁽⁴⁾ abrogation and withdrawal are the subject of the same procedural guarantees. The only difference is that the Conference can, on the basis of its Standing Orders, withdraw an instrument before the entry into force of the constitutional amendment.

3. This report and the questionnaire here-below are communicated to governments pursuant to article 45bis of the Standing Orders of the Conference. The purpose of this report and its questionnaire is to enable the Conference to have the necessary elements to make a determination as to whether each Convention, seen as a whole, is obsolete. The procedure provided for is a single discussion at the 88th Session (2000) of the International Labour Conference.

Notes

¹ GB.271/205, paras. 5-6.

² This provision is not yet in force.

³ Paragraph 9 of article 19.

⁴ ILC, 85th Session, 1997, Provisional Record No. 10, para. 10.

EXAMINATION OF CONVENTIONS
NOS. 31, 46, 51, 61 AND 66

4. Conventions Nos. 31, 46, 51, 61 and 66 were all adopted in the 1930s. The first four Conventions concern hours of work in the coalmining, public works and textile sectors. The fifth one concerns migrant workers. They were all examined by the Working Party on Policy regarding the Revision of Standards of the Governing Body Committee on Legal Issues and International Labour Standards during the 265th Session of the Governing Body (March 1996). The Governing Body decided at that time on the possible subsequent abrogation of these five Conventions that had not entered into force once an appropriate procedure had been adopted.⁽¹⁾ As noted in paragraph 2, above, such a procedure was adopted by the Conference at its 85th Session (1997).

5. The Conventions concerned have not entered into force. Their withdrawal would put an end to their legal existence, thus helping to rationalize the ILO's standard-setting system and preventing them from ever entering into force. This eventual entry into force seems purely theoretical in the case of Conventions Nos. 31, 46, 51 and 61. Convention No. 66 is in fact already closed to ratification. The reasons why the Governing Body decided to consider these Conventions obsolete and to place their withdrawal on the agenda of the Conference are given below.

Hours of Work (Coal Mines) Convention, 1931 (No. 31)

6. This Convention was adopted on 18 June 1931. It has been ratified by two member States (Spain: 1932, Argentina: 1956). It has not entered into force since it has not been ratified by two of the member States provided for.⁽²⁾ In accordance with Article 22, paragraph 2, of Convention No. 31, it is to be closed to ratification on the entry into force of a new revising Convention. Convention No. 31 was revised by the Hours of Work (Coal Mines) Convention (Revised), 1935 (No. 46), which itself has not entered into force. As a result Convention No. 31 remains open to ratification. No ratification of Convention No. 31 has been registered for more than 40 years. Its chances of entering into force seem to be non-existent.

Hours of Work (Coal Mines) Convention
(Revised), 1935 (No. 46)

7. Convention No. 46 was adopted on 21 June 1935. It was ratified by three member States (Cuba: 1936, Mexico: 1939, Spain: 1971). The conditions for its entry into force, which are the same as those provided for in Convention No. 31, have not been fulfilled. The prospects for new ratifications seem to be non-existent. No revision of this Convention has been envisaged either separately or in the context of a review of other instruments on hours of work. It was not taken into account in the preparatory work for the meeting of experts on hours of work held in 1993.

Reduction of Hours of Work (Public Works)
Convention, 1936 (No. 51)

8. This Convention was adopted on 23 June 1936. No ratifications have been registered for this Convention. Like Convention No. 46, its revision has not been considered.

Reduction of Hours of Work (Textiles)
Convention, 1937 (No. 61)

9. This Convention was adopted on 22 June 1937. No ratifications have been registered for this Convention. Like Conventions Nos. 46 and 51, its revision has not been considered.

Migration for Employment Convention, 1939 (No. 66)

10. This Convention was adopted on 28 June 1939. No ratifications have been registered for this Convention. It was closed to ratification by the entry into force of the Migration for Employment Convention (Revised), 1949 (No. 97).

Notes

¹ GB.265/8/2, para. 24(d)(iii).

² These member States were: Belgium, Czechoslovakia, France, Germany, Netherlands, Poland and United Kingdom.

QUESTIONNAIRE

In accordance with article 45bis of the Standing Orders of the International Labour Conference, governments are invited to consult the most representative organizations of employers and workers before finalizing their replies to the following questionnaire. The International Labour Office would be grateful if the replies could reach the Office in Geneva by 31 October 1999.

I. Hours of Work (Coal Mines) Convention, 1931 (No. 31)

1. Do you consider that Convention No. 31 should be withdrawn as proposed by the Governing Body for the reasons stated in the report?

2. If you replied "no" to question 1, please indicate the reasons why you consider that Convention No. 31 has not lost its purpose or still makes a useful contribution to attaining the objectives of the Organization, or provide any information relevant to its prospects for entry into force.

II. Hours of Work (Coal Mines) Convention
(Revised), 1935 (No. 46)

1. Do you consider that Convention No. 46 should be withdrawn as proposed by the Governing Body for the reasons stated in the report?

2. If you replied "no" to question 1, please indicate the reasons why you consider that Convention No. 46 has not lost its purpose or still makes a useful contribution to attaining the objectives of the Organization, or provide any information relevant to its prospects for entry into force.

III. Reduction of Hours of Work (Public Works)
Convention, 1936, (No. 51)

1. Do you consider that Convention No. 51 should be withdrawn as proposed by the Governing Body for the reasons stated in the report?

2. If you replied "no" to question 1, please indicate the reasons why you consider that Convention No. 51 has not lost its purpose or still makes a useful contribution to attaining the objectives of the Organization, or provide any information relevant to its prospects for entry into force.

IV. Reduction of Hours of Work (Textiles)
Convention, 1937 (No. 61)

1. Do you consider that Convention No. 61 should be withdrawn as proposed by the Governing Body for the reasons stated in the report?

2. If you replied "no" to question 1, please indicate the reasons why you consider that Convention No. 61 has not lost its purpose or still makes a useful contribution to attaining the objectives of the Organization, or provide any information relevant to its prospects for entry into force.

V. Migration for Employment Convention, 1939 (No. 66)

1. Do you consider that Convention No. 66, which is no longer open to ratification, should be withdrawn, as proposed by the Governing Body for the reasons stated in the report?

2. If you replied "no" to question 1, please indicate the reasons why you consider that Convention No. 66 has not lost its purpose or still makes a useful contribution to attaining the objectives of the Organization.

Updated by HK. Approved by RH. Last update: 7 February 2000.

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