****************** - International Labour Conference

ILO is a specialized agency of the United Nations

86th Session, 2 - 18 June 1998

Memorandum

A. Date, place and agenda of the Conference

At its 265th Session (March 1996) the Governing Body of the International Labour Office decided that the 86th Session of the International Labour Conference should be held in Geneva and should open on Tuesday, 2 June 1998. It will conclude its business on Thursday, 18 June 1998.

This session will be preceded by official group meetings on Monday, 1 June, all day and on Tuesday, 2 June, from 9 a.m. to 10.30 a.m. The groups will meet again if necessary on Tuesday afternoon in order to coordinate their respective positions pertaining to the various Conference committees.

The committees will begin their work on Tuesday, 2 June, or on Wednesday, 3 June, in the morning, as the case may be.

The various meetings of the Conference will be held in the Palais des Nations and at the International Labour Office. The opening sitting, in the Assembly Hall of the Palais des Nations, will begin at 11 a.m. sharp on Tuesday, 2 June.

The agenda of the session is as follows:

Standing items

Reports of the Chairman of the Governing Body and of the Director-General.
Programme and budget and other financial questions.
Information and reports on the application of Conventions and Recommendations.

Items placed on the agenda by the Conference or the Governing Body

General conditions to stimulate job creation in small and medium-sized enterprises (second discussion).
Contract labour (second discussion).
Child labour (first discussion).
Consideration of a possible Declaration of principles of the International Labour Organization concerning fundamental rights and its appropriate follow-up mechanism.

Click here to access Conference reports

B. Information on the agenda

I. Reports of the Chairman of the Governing Body and of the Director-General

The discussion of the above-mentioned reports in plenary sitting will last one week only and will begin on Tuesday, 9 June 1998.

The Chairman of the Governing Body will report to the Conference on the work of the Governing Body during the preceding year.

The Conference will also have before it a Report of the Director- General of the International Labour Office. In accordance with paragraphs 1 and 2 of article 12 of the Conference Standing Orders, the Report of the Director-General will concern programme implementation and the activities of the Organization in 1996-97.

It is worth recalling in connection with the discussion of these reports that the Working Party of the Governing Body of the International Labour Office on the Programme and Structure of the ILO formulated a number of principles, in respect of which it expressed the wish that attention should be drawn to them in this memorandum. These principles, which are set forth in paragraphs 54 to 58 of the Fourth Report of the Working Party, are as follows:

54. Freedom of speech is the life-blood of the International Labour Organization. The Declaration of Philadelphia proclaims the principle that "freedom of expression and of association are essential to sustained progress"; it thereby treats freedom of speech as the corollary of freedom of association in the context of the fundamental principles on which the International Labour Organization is based. There is no immunity from criticism for anyone -- a government, an employer or a worker -- in the ILO.

55. Freedom of speech includes freedom to reply; he who criticizes must expect those criticized to defend their views and conduct and must be prepared to accept similar criticism of his own views and conduct.

56. The fundamental purposes of the ILO, as defined in the Constitution and the Declaration of Philadelphia, embrace so wide a range, including social justice as a contribution to lasting peace and the right of all human beings, irrespective of race, creed or sex, to pursue both their material well-being and their spiritual development in conditions of freedom and dignity, of economic security and equal opportunity, that the limits of debate in the International Labour Conference can never be narrowly circumscribed. The ILO has a continuing responsibility to focus attention on these objectives and criteria of policy irrespective of political considerations.

57. There is nevertheless an essential distinction to be made between the purpose and proper scope of such debate in the International Labour Conference and the discussion of political matters in such organs of the United Nations as the Security Council and the General Assembly, which are entrusted by the Charter with responsibility for political decisions in the United Nations system.

58. In periods of acute political tension the ILO has a twofold responsibility -- to uphold the values of human freedom and dignity enshrined in its Constitution, and to circumscribe rather than extend the area of international tension by ensuring the fullest possible degree of continued cooperation in pursuit of the objectives of the ILO. Every delegate to the International Labour Conference therefore has an obligation to the Conference to keep these considerations constantly in mind, and the President has an obligation to ensure that the Conference does not lose sight of them.

Provisional records of the Conference proceedings

In accordance with the decision adopted by the Governing Body at its 270th Session (November 1997), the provisional records of the discussion on the reports of the Chairman of the Governing Body and of the Director-General will be reinstated. They will also be available on the Internet.

Time-limit for speeches

The Conference will have before it a unanimous recommendation by the Governing Body to set the time-limit for speeches to a maximum of five minutes.

As the number of plenary sittings available to the Conference for considering its agenda will be substantially reduced due to the shortening of the discussion of the Report of the Director-General, it is essential that this time-limit be strictly respected. Visiting ministers, delegates, observers and representatives of international organizations will certainly wish to bear it in mind when preparing their speeches, to avoid running the risk of being asked to resume their seats before they have concluded.

II. Programme and budget and other financial questions

The Conference will be called upon to examine information concerning such financial and administrative matters as the Governing Body may decide to bring to its attention, including matters related to the Organization's programme and budget.

III. Information and reports on the application of Conventions and Recommendations

In pursuance of articles 19 and 22 of the ILO Constitution, govern- ments are required to communicate information and reports to the Director-General on the measures taken to bring the Conventions and Recommendations adopted by the Conference before the competent national authorities, and to give effect to the Conventions which they have ratified, as well as on the position of their countries with regard to the subject-matter of Conventions which they have not ratified and of Recommendations. Under articles 22 and 35, governments which have ratified Conventions shall supply the Director-General with information and reports concerning the application of such Con- ventions in non-metropolitan territories. Article 23 of the Constitution provides that the Director-General shall submit a summary of the above-mentioned information and reports to the Conference.

The Conference will consider the information and reports supplied by governments in pursuance of the above-mentioned articles of the Constitution together with the report of the Committee of Experts on the Application of Conventions and Recommendations. At the 86th Session the reports submitted in pursuance of article 19 of the Constitution will deal with the Vocational Rehabilitation and Employment (Disabled Persons) Convention, 1983 (No. 159), and its accompanying Recommendation, 1983 (No. 168). In addition, the Conference will have before it the Special Survey of the Committee of Experts on the Application of Conventions and Recommendations examining the reports submitted under article 19 by States which have not ratified the Forced Labour Convention, 1930 (No. 29) and the Abolition of Forced Labour Convention, 1957 (No. 105).

IV. General conditions to stimulate job creation in small
and medium-sized enterprises (second discussion)

The first discussion of this subject took place at the 85th Session of the Conference, following which, by a resolution adopted on 18 June 1997, the Conference decided that an item entitled "General conditions to stimulate job creation in small and medium-sized enterprises" should be included in the agenda of the 86th Session for a second discussion, with a view to the adoption of a Recommendation.

To give effect to that decision, and in accordance with article 39, paragraph 6, of the Standing Orders of the Conference, the Office has communicated to governments the text of a proposed Recommen- dation, asking them to state, after consulting the most representative employers' and workers' organizations, whether they have any amendments to suggest or comments to make (International Labour Conference, 86th Session, 1998, Report IV (1)). In the light of the replies received, the Office will prepare a final report containing the proposed Recommendation, amended if necessary, to serve as a basis for discussion at the 86th Session.

V. Contract labour (second discussion)

The first discussion of this subject took place at the 85th Session of the Conference, following which, by a resolution adopted on 18 June 1997, the Conference decided that an item entitled "Contract labour" should be included in the agenda of the 86th Session for a second discussion, with a view to the adoption of a Convention and a Recommendation.

To give effect to that decision, and in accordance with article 39, paragraph 6, of the Standing Orders of the Conference, the Office has communicated to governments the text of a proposed Convention and Recommendation, asking them to state, after consulting the most representative employers' and workers' organizations, whether they have any amendments to suggest or comments to make (International Labour Conference, 86th Session, 1998, Report V (1)). In the light of the replies received, the Office will prepare a final report containing the proposed Convention and Recommendation, amended if necessary, to serve as a basis for discussion at the 86th Session.

VI. Child labour (first discussion)

The persistence of child labour in the world, and in particular its most intolerable forms, has been discussed in various ILO fora in recent years. It has emerged from these discussions that the elimination of the worst forms of child labour now needs to be set as a priority of national and international action in the progressive elimination of all child labour. New instruments which focus on the immediate suppression of the most intolerable forms of child labour could also ensure a fuller integration of the priorities of the ILO's International Programme on the Elimination of Child Labour (IPEC) in ILO standards.

In March 1996, at its 265th Session, the Governing Body decided to place child labour on the agenda of the 86th Session of the International Labour Conference with a view to the adoption of new international labour standards which place priority on immediate action to stop the exploitation of children in hazardous work and activities. In 1996 the International Labour Conference adopted a resolution concerning the elimination of child labour in which it welcomed the Governing Body's decision. This item will be dealt with under the double discussion procedure provided for by article 39 of the Standing Orders of the Conference.

To serve as a basis for the first discussion, the Office has prepared two reports. A preliminary report (Child labour: Targeting the intolerable, International Labour Conference, 86th Session, 1998, Report VI(1)) is accompanied by a questionnaire to which governments have been asked to reply, stating the reasons for their reply. These replies have been summarized in a second report (VI(2)) which also includes proposed Conclusions for new instruments.

VII. Consideration of a possible Declaration of principles of the International Labour Organization concerning fundamental rights and its appropriate follow-up mechanism

Following the discussion of the Director-General's report entitled "The ILO, standard-setting and globalization" during the 85th Session of the Conference, the Governing Body decided, at its 269th Session (June 1997), that it would consider in greater depth follow-up action to be taken on this debate at its 270th Session. It also agreed to take a decision at that time on the possibility of placing on the agenda of the 86th Session of the Conference an additional item concerning a Declaration on fundamental workers' rights and its follow-up mechanism. In November 1997, after taking into account all the comments made on document GB. 270/3/1 submitted by the Office, the Governing Body decided to place on the Conference agenda an additional item, as outlined in the heading of this section. At the same time, it was noted that the Governing Body should resume its consideration of a possible Declaration and its appropriate follow-up mechanism at its 271st Session (March 1998) and that for this purpose the Office should prepare relevant documents, taking into account the views expressed during the discussion and in close consultation with constituents, and distribute them well in advance of the session. The Conference report concerning this item will therefore be prepared after the 271st Session of the Governing Body, based on the outcome of the discussion.

C. Resolutions

In accordance with paragraph 1 (1) of article 17 of the Conference Standing Orders, since the 1998 Session does not precede the beginning of a biennial financial period, resolutions which are not related to items IV, V, VI or VII on its agenda may be submitted to the Conference.

The text of such resolutions should be submitted to the Director- General of the International Labour Office by a delegate duly accredited to the Conference at least 15 days before the opening of the session, that is by Monday, 18 May 1998 at the latest.

D. Communication of documents prepared for the Conference

Every effort will be made to ensure that the documents submitted to the Conference are communicated to member States well in advance of the opening of the session.

It will be appreciated that the smooth working of the Conference depends on the delegates having the opportunity to study beforehand the documents prepared by the International Labour Office on which the discussions are based. The attention of governments is therefore drawn to the importance of ensuring that the reports sent to them on the various items on the agenda are given to the members of their delegations well in advance of the session.

E. Composition of delegations

Article 3, paragraph 1, of the Constitution of the Organization provides that each delegation to a session of the International Labour Conference shall be composed of four delegates, namely two Government delegates, one delegate representing the employers and one delegate representing the workers.

In accordance with the provisions of article 3, paragraph 2, of the Constitution, each delegate may be accompanied by not more than two advisers for each separate item placed on the agenda. Items IV, V, VI and VII are separate items on the agenda of the session. In addition, the item "Information and reports on the application of Conventions and Recommendations" is considered as a separate item within the meaning of the above-mentioned paragraph 2 of article 3, that is to say with a view to the appointment of advisers . In these circumstances each Government, Employers' and Workers' delegate to the 86th Session may be accompanied by not more than ten advisers.

Governments are requested, when composing their delegations, to give consideration to the importance of making arrangements for rep- resentation at the plenary sittings when such sittings are held simultaneously with the sittings of committees.

Representation of non-governmental delegates and advisers

Article 3, paragraph 5, of the Constitution provides that -

The Members undertake to nominate non-Government delegates and advisers chosen in agreement with the industrial organizations, if such organizations exist, which are most representative of employers or workpeople, as the case may be, in their respective countries.

In connection with this provision, the Credentials Committee at the 46th Session (1962) of the Conference, having before it cases where several representative organizations existed in one and the same country, made the following statement in this regard:

This article requires: (a) that there shall be consultations; (b) that these consultations shall be entered into with the most representative organizations of employers and of workpeople, in the country in question, provided such organizations exist; and (c) that the delegates finally appointed should be chosen in agreement with the said organizations.

Certainly, agreement cannot always be reached. But genuine consultations undertaken in good faith are essential. In Advisory Opinion No. 1 of the Permanent Court of International Justice -- which relates particularly to countries where there are several representative organizations ... it is stated in particular with regard to the obligation laid down in paragraph 5 of article 3 of the Constitution, that --

The engagement ... is not a mere moral obligation. It is a part of the Treaty and constitutes an obligation by which the Parties to the Treaty are bound to one another.

The obligation is that the persons nominated should have been chosen in agreement with the organizations most representative of employers or workpeople, as the case may be. There is no definition of the word "representative" in the Treaty. The most representative organizations for this purpose are, of course, those organizations which best represent the employers and the workers respectively. What these organizations are, is a question to be decided in the particular case, having regard to the circumstances in each particular country at the time when the choice fails to be made. Numbers are not the only test of the representative character of the organizations, but they are an important factor; other things being equal, the most numerous will be the most representative. The article throws upon the Government of the State the duty of deciding, on the data at its disposal, what organizations are, in point of fact, the most representative ...

The only object of the intervention of industrial organizations, in connection with the selection of delegates and technical advisers, is to ensure, as far as possible, that the Government should nominate persons whose opinions are in harmony with the opinions of employers and workers respectively. If, therefore, in a particular country there exist several industrial organizations representing the working classes, the Government must take all of them into consideration when it is proceeding to the nomination of the Workers' delegate and his technical advisers. Only by acting in this way can the Government succeed in choosing persons who, having regard to the particular circumstances, will be able to represent at the Conference the views of the working classes concerned ...

The aim of each Government must, of course, be an agreement with all the most representative organizations of employers and workers, as the case may be; that, however, is only an ideal which is extremely difficult to attain...

What is required of the Governments is that they should do their best to effect an agreement, which, in the circumstances, may be regarded as the best for the purpose of ensuring the representation of the workers of the country¹.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Credentials Committee feels bound to appeal very strongly ... to all the Governments of the States Members of the Organization to conform strictly to the Constitution when appointing non-Government delegates to the International Labour Conference. Arbitrary choice of such delegates by the Governments from lists submitted by organizations of greatly varying sizes, without any effort at genuine consultation to reach an agreement with the most representative organizations, constitutes an abuse which, if it is not remedied, could lead the International Labour Conference into a situation which would be dangerous for the entire Organization...

Furthermore, to ensure an equal representation of employers and workers on the committees of the Conference it is desirable that, so far as possible, equal numbers of Employers' and Workers' advisers should be appointed in each delegation.

The Credentials Committee at the 61st Session (1976) of the Confer- ence drew attention to the imbalance which in certain cases existed between the number of advisers to the delegates of each group. It once again urged governments to take greater account, when nominating delegations, of the proportions in the composition of the Conference envisaged by paragraphs 1 and 2 of article 3 of the Constitution.

Governments will no doubt wish to ensure that the delegations attending the Conference are appointed in accordance with the provisions of the Constitution, that they comprise four delegates and that they are fully tripartite. In this connection, the resolution concerning the strengthening of tripartism in the overall activities of the International Labour Organization which was adopted by the Conference at its 56th Session (1971) requests that member States be reminded that "they are obliged to send tripartite delegations whose members are able to act in full independence of one another", and that they be asked "when communicating the credentials of members of the delegations representing employers and workers, to state for the information of the Credentials Committee which employers' and workers' organizations were consulted and also to confirm that the travelling and living expenses of such delegates and their advisers are in fact being borne by the member State, in accordance with the terms of the Constitution".

As a result of a request made by the Credentials Committee to the Conference at its 79th Session (1992), governments are asked in the attached form for credentials to provide such confirmation or to state the difficulties which prevent them from wholly or partially covering the expenses referred to.

It should be noted that the International Labour Conference, at its 85th Session (June 1997), adopted an amendment to Article 26 of the Conference Standing Orders inserting three new paragraphs, 9 and 10 and 11,² which empower the Credentials Committee to verify from now on the compliance of Governments with the obligations under Article 13, paragraph 2 (a) of the Constitution and to examine complaints alleging non-compliance.

Representation of women on national delegations

The ILO Constitution provides in article 3, paragraph 2, that when questions specially affecting women are to be considered by the Conference, at least one of the advisers should be a woman. It is clear that the questions considered at the International Labour Conference and other ILO meetings nowadays are of equal relevance to women and men. In spite of this, the proportion of women on national delegations has continued to be low.

Consequently, as early as 1975, at its 60th Session, the Conference asked in a resolution that women be appointed to delegations on the same basis and by the same standards as men. At its 67th Session (1981) it adopted another resolution, urging that efforts be made in all member States to include women in national delegations among both Government and non-Government delegates and advisers. Subsequently in a resolution concerning ILO action for women workers, adopted at its 78th Session (1991), the Conference called upon Governments and workers' and employers' organizations to include more women in their delegations to the International Labour Conference.

Delegates with a disability

Finally, it should be pointed out that since the premises of the Conference are accessible to disabled persons there is no physical barrier to their nomination as delegates or advisers. The Official Relations Branch of the International Labour Office may be contacted for additional information.

F. Credentials

It is absolutely essential that, as laid down in article 26, paragraph 1, of the Standing Orders of the Conference, the credentials of delegates to the Conference and their advisers are deposited with the International Labour Office at least 15 days before the date fixed for the opening of the session of the Conference. As the Conference will open on 2 June 1998, the last date for the deposit of credentials is Monday, 18 May 1998.

In recent years, a number of delegations have not observed the deadline for the deposit of credentials, with the result that it has become extremely difficult to deliver delegates' admission badges in time for the opening of the Conference, to seat delegations in the Assembly Hall of the Palais des Nations and to finalize the lists of committee members. As some 2,000 persons take part in the work of the Conference, it is of the utmost importance that governments comply with the above-mentioned deadline in depositing the credentials of all delegates and advisers. This would not only ensure the smooth running of the Conference but would also be in the interest of the delegations themselves.

Two kinds of form are enclosed with the letter of convocation: the form for credentials which governments are requested to return to the ILO within the required deadline and the registration form for participants. Governments are requested to send a copy of the registration form to each of the delegates and advisers appointed by them so that they may return them immediately to the ILO duly completed and signed.

G. Accommodation for delegations in Geneva

Hotel reservations in Geneva should be made well in advance. The International Labour Office is not equipped to make such reservations.

It is therefore suggested that the diplomatic or consular representatives of member States in Berne or Geneva should be asked to make the necessary arrangements with hotels in the Geneva area at the earliest possible time. Such arrangements may also be made through the

Office du tourisme de Genève
Route de l'aéroport, 10
CH-1215 Geneva 15
(telephone 022/929 70 00, fax 022/929 70 11).

Any government applying direct to the Office du tourisme should specify the exact date of arrival of the delegation and the number and type of rooms to be reserved. Owing to the heavy demand for hotel rooms in Geneva, delegations may be charged for accommodation reserved but not occupied.

H. Entry visas for Switzerland and France

Entry visas for Switzerland are issued primarily by Swiss diplomatic representations abroad. Delegates to the Conference who require an entry visa should submit a personal request to the Swiss embassy or consulate in their country of residence. Delegates may wish to note that visas are issued upon arrival at the airport in Geneva only in exceptional circumstances.

The French Consulate in Geneva is not authorized to issue entry visas for France to temporary visitors to Switzerland without first referring the application to the French embassy or consulate in the applicant's home country.

Members of the delegations wishing to go to France during the session of the Conference should therefore obtain the necessary single or multiple entry visas for France in their own country before leaving for Switzerland.

¹ Copies of Advisory Opinion No. 1 are available on request.

² These new paragraphs read as follows:

Article 26

. . .

9. The Credentials Committee may consider complaints that a Member has failed to comply with paragraph 2(a) of article 13 of the Constitution where:

the Member is alleged to have failed to pay the travelling and subsistence expenses of one or more of the delegates that it has nominated in accordance with article 3, paragraph 1, of the Constitution;
the complaint alleges a serious and manifest imbalance as between the number of Employer or Worker advisers whose expenses have been covered in the delegation concerned and the number of advisers appointed for the Government delegates.

10. A complaint referred to in paragraph 9 shall not be receivable in the following cases:

if the complaint is not lodged with the SecretaryGeneral of the Conference before 10 a.m. on the seventh day following the opening of the Conference and the Committee considers that there is insufficient time to deal with it properly;
if the complaint is not lodged by an accredited delegate or adviser alleging non-payment of travel and subsistence expenses in the circumstances set out under (a) or (b) of paragraph 9 or by an organization or person acting on his or her behalf.

11. The Credentials Committee shall, in its report, present to the Conference any conclusions that it has unanimously reached on each complaint considered by it.

ISBN 92-2-110663-2

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