I. Introduction

1. The Committee of Experts on the Application of Conventions and Recommendations, appointed by the Governing Body of the International Labour Office to examine the information and reports submitted under articles 19, 22 and 35 of the Constitution by States Members of the International Labour Organization on the action taken with regard to Conventions and Recommendations, held its 66th Session in Geneva from 23 November to 8 December 1995. The Committee has the honour to present its report to the Governing Body.

2. The Committee noted with regret that Mr. Kéba MBAYE asked to be relieved of his duties as member of the Committee. It would like to pay tribute to the outstanding contribution he made to the work of the Committee during his 12 years as a member, due to his vast experience and his steadfast commitment to the principles of the ILO.

3. The Governing Body has appointed Ms. Blanca Ruth ESPONDA ESPINOSA and Mr. Miguel RODRIGUEZ PIÑERO Y BRAVO FERRER as members of the Committee. It gave the Committee great pleasure to welcome them to its present session.

4. The present composition of the Committee is as follows:

Mrs. Badria AL-AWADHI (Kuwait),

Ms. Janice R. BELLACE (United States),

Mr. Prafullachandra Natvarlal BHAGWATI (India),

The Right Honourable Sir William DOUGLAS, PC, KCMG (Barbados),

Ms. Blanca Ruth ESPONDA ESPINOSA (Mexico),

Ms. Robyn A. LAYTON, Q.C. (Australia),

Mrs. Ewa LETOWSKA (Poland),

Mr. Roman Zinovievich LIVSHITZ (Russian Federation),

Baron Bernd von MAYDELL (Germany),

Mr. Kéba MBAYE (Senegal),

Mr. Cassio MESQUITA BARROS (Brazil),

Mr. Benjamin Obi NWABUEZE (Nigeria),

Mr. Edilbert RAZAFINDRALAMBO (Madagascar),

Mr. Miguel RODRIGUEZ PIÑERO Y BRAVO FERRER (Spain),

Mr. Boon Chiang TAN (Singapore),

Mr. Fernando URIBE RESTREPO (Colombia),

Mr. Jean-Maurice VERDIER (France),

Mr. Budislav VUKAS (Croatia),

Sir John WOOD (United Kingdom),

Mr. Toshio YAMAGUCHI (Japan),

5. The Committee elected Sir William DOUGLAS as Chairperson and Mr. E. RAZAFINDRALAMBO as Reporter of the Committee. As Mr. RAZAFINDRALAMBO had to leave the session to fulfil his functions as Chairman of the Commission of Inquiry for Burundi, established by the resolution 1012 of the Security Council, dated 28 August 1995 the Committee elected Mr. T. YAMAGUCHI to exercise the functions of Reporter at this Session.

6. In pursuance of its terms of reference, as revised by the Governing Body at its 103rd Session (Geneva, 1947), the Committee was called upon to examine:

(i) the annual reports under article 22 of the Constitution on the measures taken by Members to give effect to the provisions of the Conventions to which they are parties, and the information furnished by Members concerning the results of inspection;

(ii) the information and reports concerning Conventions and Recommendations, communicated by Members in accordance with article 19 of the Constitution;

(iii) the information and reports on measures taken by Members in accordance with article 35 of the Constitution.

7. The Committee, after an examination and evaluation of the above reports and information, drew up its present report, consisting essentially of the following three parts: Part One is the General Report in which the Committee reviews general questions concerning international labour standards and related instruments and their implementation. Part Two contains observations concerning particular countries on the application of ratified Conventions (see section I and paragraphs 83 to 114 below), on the application of Conventions in non-metropolitan territories (see section II and paragraphs 83 to 114 below), and on the obligation to submit instruments to the competent authorities (see section III and paragraphs 115 to 127 below). Part Three, which is published in a separate volume (Report III (Part 4B)) consists of a special survey on equality in employment and occupation in respect of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), on which the governments of the countries which have not ratified the Convention were requested to submit reports under article 19 of the Constitution of the ILO, in accordance with the decision of the Governing Body at its 208th (November) 1978 and 209th (February-March 1979) Sessions.

8. In carrying out its task, which consists of indicating the extent to which the situation in each State appears to be in conformity with the Conventions and the obligations undertaken by that State by virtue of the ILO Constitution, the Committee has followed the principles of independence, objectivity and impartiality set forth in its previous reports. It has continued to apply the working methods recalled in its 1987 report. A spirit of mutual respect, cooperation and responsibility has consistently prevailed in the Committee's relations with the International Labour Conference and its Committee on the Application of Standards, whose proceedings the Committee takes fully into consideration, not only in respect of general matters concerning standard-setting activities and supervisory procedures, but also in respect of specific matters concerning the way in which States fulfil their standard-related obligations.

9. In this context, the Committee again noted the participation of the Chairperson of its 65th Session as an observer in the general discussion of the Committee on the Application of Standards of the 82nd Session of the International Labour Conference (June 1995). It noted the decision of the Conference Committee on the Application of Standards again to request the Director-General to invite the Chairperson of the 66th Session of the Committee of Experts on the Application of Conventions and Recommendations to attend as an observer the general discussion of the Committee on the Application of Standards of the 83rd Session of the International Labour Conference (June 1996). The Committee accepted the invitation.

II. General

Membership of the Organization

10. Since the Committee's last session, the number of member States of the ILO has risen from 171 to 173; Gambia became a Member of the Organization on 29 May 1995, and St. Vincent and the Grenadines on 31 May 1995.

New standards adopted by the Conference in 1995

11. The Committee noted that at its 82nd Session (June 1995), the International Labour Conference adopted the Safety and Health in Mines Convention (No. 176) and Recommendation (No. 183), 1995.

Ratifications and denunciations

12. Since 1 January 1995, 110 ratifications by 32 member States have been registered. The total number of ratifications at 8 December 1995 was 6,292.

13. Since 1 January 1995, no denunciation not accompanied by the ratification of a revised Convention has been registered. The total number of such denunciations was 76 at 8 December 1995.

14. Since the Committee's last session, the Director-General has registered one denunciation accompanied by the ratification of a revised Convention. The Safety Provisions (Building) Convention, 1937 (No. 62), was denounced by Denmark following its ratification of the Safety and Health in Construction Convention, 1988 (No. 167).

Constitutional and other procedures

15. The Committee was informed of the following decisions taken by the Governing Body in cases involving recourse to the constitutional procedures of complaint and representation and other procedures.

A. Complaint submitted under article 26 of the ILO Constitution

Complaint against Sweden

16. Exercising the discretionary power conferred upon it by Article 26, paragraph 3, of the Constitution, the Governing Body decided at its 262nd Session (March-April 1995) not to follow- up the complaint alleging non-observance by Sweden of the Freedom of Association and Protection of the Right to Organize Convention, 1948 (No. 87), the Right to Organize and Collective Bargaining Convention, 1948 (No. 98), and the Merchant Shipping (Minimum Standards) Convention, 1976 (No. 147), submitted by the Employer delegates from Sweden at the 78th Session (1991) of the International Labour Conference.

B. Representations submitted under article 24 of the ILO Constitution

Representation concerning the Socialist Federal Republic of Yugoslavia

17. The Committee noted previously that the tripartite committee established to examine the representation submitted by the International Confederation of Free Trade Unions (ICFTU), alleging non-observance by the Socialist Federal Republic of Yugoslavia of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), submitted its report to the 253rd (May-June 1992) Session of the Governing Body. The Governing Body noted that, while awaiting a decision by the United Nations, it was not possible to identify the Government concerned for the application of article 7 of the Standing Orders governing the procedure for the examination of representations submitted under articles 24 and 25 of the ILO Constitution. The Governing Body has still not set a date for the examination of the report.

Representation concerning Guatemala

18. The tripartite committee set up to examine the representation made by the International Union of Food, Agriculture, Hotel, Restaurant, Catering, Tobacco and Allied Workers' Associations (IUF) and the Public Services International (PSI), alleging non-observance by Guatemala of the Forced Labour Convention, 1930 (No. 29), and the Abolition of Forced Labour Convention, 1957 (No. 105), will meet during the 265th Session (March 1996) of the Governing Body to examine its report.

Representations concerning Poland

19. The tripartite committee set up to examine the representation made by the All-Poland Alliance of Trade Unions (OPZZ), alleging non-observance by Poland of the Employment Policy Convention, 1964 (No. 122), will meet during the 265th Session (March-April 1996) of the Governing Body to examine its report.

20. The representation made by the Independent and Autonomous Trade Union "SOLIDARNOSC", alleging non-observance by Poland of the Freedom of Association and Protection of the Right to Organize Convention, 1948 (No. 87), was examined by the Committee on Freedom of Association at its November 1995 Session (301st Report).

Representation concerning Brazil

21. At its 264th Session (November 1995), the Governing Body adopted the report of the tripartite committee set up to examine the representation made by the Latin American Central of Workers (CLAT), alleging non-observance by Brazil of the Forced Labour Convention, 1930 (No. 29), and the Abolition of Forced Labour Convention, 1957 (No. 105).

Representation concerning the Czech Republic

22. At its 264th Session (November 1995), the Governing Body adopted the report of the tripartite committee set up to examine the representation made by the Trade Union of Bohemia, Moravia and Silesia (OS-CMS), alleging non-observance by the Czech Republic of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111).

Representation concerning Congo

23. The tripartite committee set up to examine the representation made by the International Organization of Energy and Mines (IOEM), alleging non-observance by Congo of the Protection of Wages Convention, 1949 (No. 95), will meet during the 265th Session (March-April 1996) of the Governing Body to examine its report.

Representation concerning Costa Rica

24. The tripartite committee set up to examine the representation made by the Latin American Central of Workers (CLAT), alleging non-observance by Costa Rica of the Employment Policy Convention, 1964 (No. 122), will meet during the 265th Session (March 1996) of the Governing Body to examine its report.

Representation concerning France

25. The tripartite committee set up to examine the representation made by the World Federation of Trade Unions (WFTU), alleging non-observance by France (French Polynesia) of the Labour Inspection Convention, 1947 (No. 81), and the Social Policy (Non-Metropolitan Territories) Convention, 1947 (No. 82), will meet during the 265th Session (March 1996) of the Governing Body to examine its report.

Representation concerning Nicaragua

26. At its 264th Session (November 1995), the Governing Body adopted the report of the tripartite committee set up to examine the representation made by the Latin American Central of Workers (CLAT), alleging non-observance by Nicaragua of the Protection of Wages Convention, 1949 (No. 95), the Social Policy (Basic Aims and Standards) Convention, 1962 (No. 117), and the Employment Policy Convention, 1964 (No. 122).

Representation concerning Paraguay

27. At its 264th Session (November 1995), the Governing Body adopted the report of the report of the tripartite committee set up to examine the representation made by the Latin American Central of Workers (CLAT), alleging non-observance by Paraguay of the Minimum Wage-Fixing Machinery Convention, 1928 (No. 26).

Representations concerning Peru

28. At its 264th Session (November 1995), the Governing Body adopted the report of the tripartite committee set up to examine the representation made by the Latin American Central of Workers (CLAT), alleging non-observance by Peru of the Social Security (Minimum Standards) Convention, 1952 (No. 102).

29. At its 264th Session (November 1995), the Governing Body decided that the representation made by the General Confederation of Workers of Peru (CGTP), alleging non-observance by Peru of the Night Work (Women) Convention, 19l9 (No. 4); the Night Work (Women) Convention (Revised), 1934 (No. 41), the Underground Work (Women) Convention, 1935 (No. 45) and the Social Security (Minimum Standards) Convention, 1952 (No. 102), was receivable in respect of the former three instruments. The Governing Body set up a tripartite committee to examine the representation.

Representation concerning Uruguay

30. The tripartite committee set up to examine the representation made by the Inter-Union Assembly of Workers-National Convention of Workers (PIT-CNT) and its affiliate, the National Single Trade Union in Construction and Similar Activities (SUNCA), alleging non-observance by Uruguay of the Safety Provisions (Building) Convention, 1937 (No. 62), the Labour Inspection Convention, 1947 (No. 81), the Labour Administration Convention, 1978 (No. 150), the Occupational Safety and Health Convention, 1981 (No. 155), and the Occupational Health Services Convention, 1985 (No. 161), will meet during the 265th Session (March 1996) of the Governing Body to examine its report.

Representation concerning the Russian Federation

31. At its 263rd Session (June 1995), the Governing Body decided that the representation made by the Seafarers' Union of Russia, alleging non-observance by the Russian Federation of the Seafarers' Identity Documents Convention, 1958 (No. 108), was receivable. The Governing Body set up a tripartite committee to examine the representation.

Representation concerning Greece

32. At its 264th Session (November 1995), the Governing Body decided that the representation made by the Federation of the Associations of Public Servants of the Ministry of Labour of Greece, alleging non-observance by Greece of the Labour Inspection Convention, 1947 (No. 81), was receivable. The Governing Body set up a tripartite committee to examine the representation.

C. Special procedures concerning freedom of association

33. At each of its last meetings (March, June and November 1995), the Committee on Freedom of Association had before it an average of 100 cases concerning nearly 50 countries from all parts of the world, in which it presented interim or final conclusions, or cases of which the examination has been adjourned pending the arrival of information from governments (295th to 301st Reports). Some of these cases have been before the Committee on two occasions. Moreover, since March 1995, 39 new cases have been submitted to the Committee. A direct contacts mission concerning a case pending before the Committee on Freedom of Association visited Australia.

34. The Committee on Freedom of Association drew the attention of the Committee of Experts to the legislative aspects of the following cases: 1612 and 1685 (Venezuela), 1767 (Ecuador), 1788 (Romania), 1759 (Peru), 1780 (Costa Rica) and 1791 (Chad).

Functions in regard to other international and regional instruments

A. United Nations Covenants and Conventions concerning human rights

35. The Office regularly sends information, in accordance with existing arrangements with each one of them, to the various bodies responsible for the application of United Nations Conventions that fall within its competence. These bodies constitute the supervisory machinery established by the United Nations to examine the reports that governments are required to submit on each of the instruments that they have ratified. Since the Committee's last meeting, the following activities have been undertaken:

- International Covenant on Economic, Social and Cultural Rights: the Office took part in the Twelfth (May 1995) and Thirteenth (November-December 1995) Sessions of the Committee on Economic, Social and Cultural Rights and presented reports on four and three countries respectively;

- International Covenant on Civil and Political Rights: reports were presented on a number of countries at the 53rd (March-April 1995), 54th (July 1995) and 55th (October-November 1995) Sessions of the Human Rights Committee;

- Convention on the Elimination of All Forms of Discrimination against Women: reports will be submitted to the 15th (January-February 1996) Session of the Committee on the Elimination of Discrimination against Women, together with additional information on ILO activities in this area and a document on equal remuneration for work of equal value;

- International Convention on the Elimination of All Forms of Racial Discrimination: the Office took part in the 46th (March 1995) and 47th (July-August 1995) Sessions of the Committee on the Elimination of Racial Discrimination.

36. In accordance with Article 45 of the United Nations Convention on the Rights of the Child, the ILO was represented at the Ninth and Tenth Sessions of the Committee on the Rights of the Child (Geneva, May-June 1995, October-November 1995). At 31 October 1995, 180 States were parties to the Convention. The Committee on the Rights of the Child examined the reports from the following countries: Nicaragua, Canada, Belgium, Tunisia, Sri Lanka (Ninth Session); Italy, Ukraine, Germany, Senegal, Portugal and the Holy See (Tenth Session). In its recommendations, the above Committee called on States which have not yet done so to examine the possibility of ratifying the Minimum Age Convention, 1973 (No. 138), and other relevant instruments of the ILO. Furthermore, it called on States which it had found to be experiencing difficulties in areas falling within the ILO's competence, to request the assistance of the Office. This information was communicated to the competent departments at headquarters and in the regions.

37. The Office transmitted information and comments on the reports of countries reporting to the pre-sessional working group of the Committee on the Rights of the Child. The latter Committee pursued its examination of the question of its relations with the specialized agencies at its Ninth and Tenth Sessions. In this connection, it is important to recall that there are national bodies made up of representatives of the administrations concerned and of non-governmental organizations, which aim generally to promote the application of the Convention and propose measures to overcome difficulties in implementing it. In some countries, administrations whose remit covers labour, together with employers' and workers' organizations, have been invited to participate in the activities of these bodies. Their involvement can be of considerable significance in pointing the way for measures to abolish labour by children below a certain age and protect young people who work, in accordance with the provisions of international labour Conventions. It can also facilitate a review of policies concerning child labour, an assessment of their effects and, if need be, give them fresh stimulus.

B. European Code of Social Security and its Protocol

38. In accordance with the supervisory procedure established under Article 74(4) of the Code, and the arrangements made between the ILO and the Council of Europe, the Committee of Experts examined 17 reports, including the first report from Cyprus, on the application of the European Code of Social Security and, as appropriate, its Protocol. It noted that the States Parties to the Code and the Protocol continue to apply them in full, or nearly in full. At the sitting in which the Committee examined the reports on the European Code of Social Security and its Protocol, the Council of Europe was represented by Mr. S.G. Nagel, Head of the Social Security and Employment Division. The conclusions of the Committee regarding these reports will be sent to the Council of Europe.

39. In addition, a representative of the ILO took part, as technical adviser, in the meeting of the Steering Committee for Social Security of the Council of Europe (Strasbourg, April 1995). As in previous years, the Steering Committee approved the conclusions of the Committee of Experts.

C. European Social Charter and Additional Protocol

40. During 1995, in accordance with Article 26 of the European Social Charter, a representative of the ILO participated in an advisory capacity in several sessions of the Committee of Independent Experts set up to supervise the application of the Charter. The draft revised European Social Charter still has to be approved by the Council of Ministers of Council of Europe. At its 514th Session (Strasbourg, 19-22 June 1995), the above Council adopted the Additional Protocol to the Social Charter providing for a system for the submission of representations. Under this new supervisory procedure, which represents similarities with the procedures of the ILO, organizations of employers or of workers will be able to make complaints or submit observations alleging the unsatisfactory application of the Social Charter of the Council of Europe.

Collaboration with other international organizations

Relations between the ILO and the European Union

$41. At its previous session, the Committee noted the "Initiative Opinion" on "Relations between the European Union and the International Labour Organization", adopted on 17 January 1995 by the Economic and Social Committee of the European Union. The Opinion expresses concern that the involvement of the European Union in the procedure for the preparation and application of standards should not have the effect of detracting from the dynamism of the ILO's standard-setting activities, to which the States of Europe have traditionally made a substantial contribution through their ratifications. The Committee notes the discussion on this matter at the 262nd (March-April 1995) Session of the Governing Body. It endorses the idea that the improvement of the situation will depend largely on the will of the Members not to forsake their obligations in respect of the ILO within community bodies when they are called upon to decide on the ratification of a Convention. When they participate in the deliberations of these bodies, States must recall their commitment to the achievement of the objectives of the ILO by endeavouring in good faith to envisage the ratification of international labour Conventions in all cases where conditions permit them to do so.

Matters relating to human rights

World Summit for Social Development and the ratification of Conventions on basic workers' rights

42. The Committee notes with interest the outcome of the World Summit for Social Development (Copenhagen, 6-12 March 1995). It notes in particular that the Summit called on governments to safeguard and respect basic workers' rights, including the prohibition of forced and child labour, freedom of association and the right to bargain collectively, equal remuneration for men and women for work of equal value, and non-discrimination in employment, which correspond to the ILO's fundamental Conventions on workers' rights.

43. The Committee welcomes the initiative taken by the Director-General following the Social Summit to dispatch letters to all member States which have not yet ratified one or more of the seven ILO Conventions corresponding to the Summit's Declaration, as well as the first results from this initiative, which were examined by the Governing Body at its 264th Session (November 1995). The Committee notes the positive responses to this initiative, including the four ratifications of these Conventions registered since May 1995, the 25 cases in which States indicated that ratifications would be made in the near future, and the 30 cases in which it was stated that an examination was being undertaken of the possibility of ratification. The Committee also notes that the Director-General will continue to explore this matter with the States which have not replied and that the Office is prepared to supply any assistance in this respect. The Committee also notes that the Governing Body has requested it to follow the progress in the ratification of Conventions on basic workers' rights in its report.

Fourth World Conference on Women

44. The Committee welcomed the emphasis placed on matters related to labour in the Declaration and Platform for Action adopted by the Fourth World Conference on Women (Beijing, 4-15 September 1995). It was addressed on this subject by Mrs. Y. Zhang, Special Adviser for Women Workers' Questions. It notes with interest the suggestion that the follow-up of the Fourth World Conference on Women should be closely associated with that of the Social Summit, particularly in the field of employment. It recalls that the ratification and application of international labour Conventions on equality should provide ILO constituents with a framework for the achievement of the commitments set out in the Declaration adopted by the Conference concerning the elimination of all forms of discrimination and the promotion of women's economic independence and their equal access to economic resources.

Promotion of basic workers' rights

45. The Committee notes that the Governing Body also adopted other measures to promote basic workers' rights. In so doing, it adapted a procedure that it had decided to establish in 1978, under which governments of countries which have not ratified Convention No. 111 are asked to submit every four years reports on difficulties of ratification, measures envisaged to overcome them and the prospects of ratification in the near future. This special survey was examined by the Committee at the present session and is contained in Report III(4B). Following the decision by the Governing Body, in 1997 the Committee will examine reports requested from all member States which have not ratified the Forced Labour Convention, 1930 (No. 29), and the Abolition of Forced Labour Convention, 1957 (No. 105). In 1998, it will examine reports on the Freedom of Association and Protection of the Right to Organize Convention, 1948 (No. 87), and the Right to Organize and Collective Bargaining Convention, 1949 (No. 98). In 1999, it will examine reports on the Equal Remuneration Convention, 1951 (No. 100), and the Discrimination (Employment and Occupation) Convention, 1958 (No. 111). Finally, in 2000, the Committee will examine reports from States which have not ratified the Minimum Age Convention, 1973 (No. 138). The cycle will be repeated beginning in 2001. The Governing Body specified that this will not affect or replace the usual procedure as regards the general surveys prepared by the Committee of Experts under article 19 of the Constitution.

46. Among the other decisions adopted by the Governing Body, it requested the Office to pursue cooperation with the United Nations with a view to the inclusion of Conventions on basic workers' rights in the promotional activities of the United Nations, for example in the framework of training activities carried out by the International Training Centre of the ILO (Turin) for the United Nations Centre for Human Rights. It also requested the Office to increase and improve public information for its constituents, for the general public and for specific groups, such as parliamentarians and members of labour tribunals to promote the Conventions on basic workers' rights. The Governing Body also requested the Office to encourage publications and research on international labour standards, and particularly on fundamental ILO Conventions, in institutions of higher learning in all regions, in cooperation with its constituents.

Other questions

47. As in the past, the Committee notes that the Office has continued its efforts to maintain a constructive synergy between its work and the activities carried out by the United Nations Centre for Human Rights. Mention has been made above of the training carried out by the Turin Centre of the ILO for the United Nations Centre for Human Rights. This has included the publication of a new edition of the Manual on human rights reporting by the United Nations, with the assistance of the Turin Centre, in which there is systematic reference to the ILO's fundamental instruments and its supervisory system. Furthermore, the Office continued to participate in United Nations seminars on human rights education in Romania.

48. The United Nations General Assembly requested the Office to work closely with the Coordinator of the International Decade of the World's Indigenous People (1994-2004), which it has done. The Office also continued to participate in the examination of a United Nations Draft Declaration on Indigenous Rights. Furthermore, the Office continued to develop a series of activities for the promotion of ILO Conventions on indigenous and tribal peoples, including the provision of assistance to these peoples for their development. These activities are financed by the regular budget and, increasingly, with the assistance of international donors such as the Danish Government and the Government of the Netherlands, as well as in cooperation with the World Bank and the United Nations Development Programme.

Questions concerning the application of Conventions

Application of the Employment Policy Convention, 1964 (No. 122)

49. The Committee continued its examination of reports from over 50 countries on the application of the Convention in the period 1992-94. Its comments thus ensue from those appearing in paragraphs 62 to 64 of its previous report, which were discussed in the Conference in June 1995. The Committee takes note of that discussion. The Committee's comments this session have as usual had the enormous benefit of the support of the Employment Department and its Director, who, on the invitation of the Director of the Standards Department, also addressed the Committee in plenary sitting. There follow some general comments of the Committee on the development of the employment situation and policies pursued in relation to the Convention.

50. In the industrialized countries (Europe, Canada, Australia, New Zealand), massive unemployment has a strong structural component and a highly inequitable nature, even despite a slight improvement in employment at the end of the period, in slow and weak response to a resumption of economic growth. What is most worrisome is the persistent and seemingly irreversible long-term unemployment (for example, in several States of the European Union over 40 per cent of unemployment is of one year or more), which no longer seems limited to older or marginalized workers but also hits many younger people (Greece, Ireland, Italy, Spain). The unemployment rate, which is the most common indicator, fails adequately to describe the changing employment market: this is not only because the "statistical treatment" of unemployment is fairly frequent, but also because a more precise assessment of the scale of the problem calls for consideration of lower participation rates (the phenomenon of "discouraged workers" who withdraw from the active population or youngsters who extend their schooling or training), high rates of part-time work, mostly involuntary (particularly among women), increase in casual employment, and recourse to partial or subsidized unemployment. Even one of the few exceptional countries as regards employment and unemployment - Japan - witnessed a deterioration in the employment situation and is experiencing heavy underemployment.

51. In the countries of eastern and central Europe, the new problems of widespread unemployment have largely been responsible for bringing social questions to the fore of the process of what is an uneven and incomplete transition to a market economy. Positive economic growth rates in several countries (Hungary, Slovenia) have not prevented employment growth in the private sector being overtaken by loss of jobs in the state sector; and unemployment has mushroomed between 1990 and 1994 to rates of between 10 and 18 per cent. It is true that very low unemployment rates are given in the reports of various countries of the former Soviet Union (Azerbaijan, Belarus, Russian Federation, Tajikistan, Ukraine), but that seems explicable only by the methodology behind the statistics or by policies which encourage over-staffing in state sector enterprises. Paradoxically, the unemployment rate in these countries seems to point to the establishment of an effective labour market.

52. The employment situation in the developing countries is varying, and on the whole rather hard to define and map out. Given the sectoral distribution of employment (most of which is rural or in the informal sector), data on unemployment rates describe only the modern urban sector. The countries of Latin America have, according to the information provided, recently seen positive results from their global development policies in terms of economic growth and control of inflation. But it is only where growth has been strong (over 5 per cent) that unemployment has been reduced and real wage levels increased (Brazil, Chile). Recent reports of ILO specialists in the field show that in the first half of 1995 economies are fragile and employment and wage growth are arrested, particularly by the effect of new structural adjustment policies. In the countries of Africa, though government reports do not conceal the shortcomings in statistical machinery which would enable employment levels and trends to be determined, it is clear that rapid demographic increase, sluggish economic growth and the short-term effects of structural adjustment programmes combine to worsen an employment and income profile which is already weakened by the unacceptable trend towards the "marginalization of Africa" described in the ILO's World Employment 1995, as all the more alarming since in most cases per capita growth "has barely even been positive".

53. Whether it takes the form of open unemployment, underemployment or "casualization" of employment, deterioration of the employment situation is not without cost and consequence, and the Committee has drawn attention to this, in particular as regards the safeguard of workers' fundamental rights. The Committee therefore welcomes the views expressed, for example, in the resolution concerning employment and tripartism in Europe (adopted in 1995 at the Fifth European Regional Conference of the ILO), which stresses that "current levels of unemployment are unacceptable, wasteful, and a serious threat to ... social cohesion ..."; or the Copenhagen Declaration on Social Development, which affirms that "poverty, lack of productive employment and social disintegration are an offence to human dignity". The unchecked growth of unemployment contains within it the seeds of a yet greater risk: the collapse or destruction of mechanisms which ensure social protection and ultimately the protection of legality itself in the labour field.

54. Against this background, which would suggest that the Convention's goal of full, productive employment is still a long way off, the Committee nevertheless discerns some positive signs both in governments' attitudes to their obligations and in the interest in the Convention, reaffirmed or regained, inside and outside the ILO.

55. Many governments now say in their reports that they give a high priority to employment; some have recently even gone so far as to insert the right to work or the full employment objective into constitutions or legislation. Information on the implementation of such aims is, at the same time, less convincing. Reports are most often drafted by labour ministries and tend to concentrate on labour market policies, whilst the Convention clearly envisions the extension and integration of employment policy - even if this is not exactly defined - into a more general economic and social policy. This approach, reflected in the report form adopted by the Governing Body, is the basis for the Committee's frequent queries as to macroeconomic policies and their employment consequences and as to the link between employment and other economic and social objectives. The Committee would also underline the interdependence of the ILO's standards, in the hope of contributing to comprehensive policy formulation by, where it seems relevant, pointing out the connections between this Convention and other standards, such as those on human resources development, employment services, termination of employment, or unemployment protection.

56. The detailed information on labour market policy measures supplied regularly by governments (especially of industrialized countries) shows their willingness to give greater stress to "active" measures, i.e. those intended to have a positive effect on the level of employment, as compared with "passive" measures such as income support (through unemployment benefit) or reduction of the active population. It is very hard for the Committee to obtain information enabling it to evaluate such measures, in spite of the requests it has been addressing to governments for many years. In the absence of detail, it notes that the effectiveness of such measures is more and more questioned, including by the OECD. Furthermore, the usefulness of dealing with unemployment at the social level should not be underestimated, especially in the countries in transition - which had no previous experience of it and were therefore ill prepared - and more generally in the developing countries, which are so vulnerable to the high social cost of rigorous stabilization and structural adjustment policies. The Conference's 1988 adoption of Convention No. 168 shows employment policy and unemployment protection must be seen in a dynamic, dialectical relation. The Committee is aware of the difficulties facing developing countries which have to translate the Convention's principles into reality and has therefore been all the more interested in the technical cooperation activities carried on in many countries by multidisciplinary teams to help in the formulation and implementation of policies complying with those principles.

57. The Committee welcomes the Governing Body decision in November 1995 to exclude Convention No. 122 from revision, given its "priority" standing. It further welcomes the fact that the cardinal principles of the Convention have been endorsed by the international community at the World Summit for Social Development. The Copenhagen Declaration on Social Development adopted in March 1995 in fact constitutes an undertaking by all Heads of State to favour the achievement of the aim of full, productive, freely chosen employment, with strict observance of workers' rights and with the participation of employers and unions. As the Director of the Employment Department remarked in his statement to the Committee, this undertaking confers an even more universal status on Convention No. 122, and the follow-up role assigned to the ILO by the Summit should both enable the supervisory mechanism to be used to make the link with the re-examination of employment policies and provide an opportunity to promote ratification of the Convention. For this reason, the Committee welcomes the call for ratification and application of Convention No. 122 contained in the resolution of the Fifth European Regional Conference cited above, and it notes that there have been 11 ratifications during the reporting period and to date in the countries of Asia, Latin America and Eastern and Central Europe.

Application of Conventions on social security

58. In recent years the Committee has noted that according to information supplied by governments, the principal concern is management and rationalization of social security resources. In many countries, various branches of social security have been gradually subjected to a reform process focused mainly on preserving the financial viability of the systems and improving the cost/effectiveness ratio. The most commonly observed reforms involve greater participation of beneficiaries in the cost of medical care, stricter conditions for access to benefits (including unemployment benefit), raising the age of retirement and new methods of calculating the remuneration taken into account for the pension, spread over a longer period, or even over the entire career of the person concerned. These measures which often go along with a direct decline of the level of allowances, have enabled certain immediate reductions to be made in social security expenditure.

59. The Committee observes that at present this process of reform is expanding and tending to have greater consequences. Countries are seeking solutions viable in the long-term and some are continuing to experiment with new forms of social security system management, particularly privatization, which raise serious problems. This reform process demands renewed attention to international standards on social security as demonstrated by the increasing number of observations received from employers' and workers' organizations. The Committee is fully aware that these reforms have an effect on the well-being of the greater part of the population and have become a social and political issue of the first order in many countries. It considers it essential that the interests of the people protected, and especially the level of social protection, should be taken fully into consideration and that the representatives of those protected continue to be involved as far as possible in the reform process. Substantial reforms should not be undertaken hastily to respond to financial pressures and such changes should, in any case, take duly into account the international standards on the subject.

Application of Conventions on safety and health

60. The Committee notes the growing attention of member States paid to issues of safety and health and the working environment. It has been demonstrated partly by the adoption since 1985 of a considerable number of instruments regarding this subject by the International Labour Conference (seven Conventions out of 17, six Recommendations out of 14), and also by a relatively large number of ratifications of Conventions concerning safety and health since the beginning of the 1990s (about 35 ratifications per year, and nearly one-third of total ratifications).

61. The new instruments are characterized by an approach which consists of ensuring a safe and healthy working environment to all workers and of adapting work to their capabilities. To this end, the recently adopted Conventions establish obligations for ratifying States: (i) to formulate and implement a coherent national policy in the field of occupational safety and health in consultation with the most representative organizations of employers and workers; (ii) to provide for favourable conditions for a cooperation between employers and workers for the solution of practical problems of safety and health; and (iii) to take measures for providing employers and workers with advice so as to help them conform to their obligations.

62. The Committee has observed that, in a certain number of countries, the formulation of a national policy in the field of occupational safety and health is done, in conformity with provisions of some of these Conventions, (Endnote 1) on the basis of comprehensive analyses and studies of the situation in enterprises, which made it possible to have a full consultation with employers and workers as well as to adopt regulations adapted to the needs and to the human and material resources of the country. The periodical review of this national policy should be an occasion for all countries that have not yet done so to make sure that the national conditions and practices are duly taken into account with a view to fully attaining the objectives of the Conventions and avoiding proliferation of ineffective and unsuited regulations.

63. The examination of the application of the Conventions in large enterprises reveals that generally they are well organized regarding occupational safety and health, but have certain deficiencies which the Committee has noted in its comments. However, the situation is far more worrying in small enterprises which, because of the need for flexibility, have their services subcontracted in almost any branch of the economy, particularly in construction, the service sector or domestic service. Frequently, persons working in such small enterprises are unprotected in dangerous places with many health risks. Generally speaking, the national legislation giving effect to international Conventions does not cover workers of these small enterprises, who are found both in the formal sector and the informal sector of the economy, as they are not always considered legally as employees in the sense of the Conventions. Other elements that constitute obstacles to the application of the Conventions in these enterprises include, for instance, the absence of education and information on the safety and health issues and the difficulties for the inspection services to intervene because of the nature and the dispersion of the enterprise.

64. The increasing number of observations from employers' and workers' organizations on the application of Conventions concerning occupational safety and health bear testimony to the growing consciousness in large or medium-sized enterprises. The Committee will continue to examine with care the state of application of these instruments, drawing, where appropriate, the attention of governments, employers and workers to the necessity of clearly defining the means of implementation so as to attain the objectives fixed by the Conventions and of disseminating information on the objectives and the means as widely as possible, in particular in small units of production.

Application of the Radiation Protection Convention, 1960 (No. 115)

65. In 1992, the Committee commented on the application of the Convention in a general observation, and requested the governments to review their system of protection of workers against ionizing radiation, in the light of the findings set out in the 1990 recommendations of the International Commission on Radiological Protection (ICRP), which called for substantially lower maximum permissible doses of ionizing radiations than those applying before. The new exposure limits to ionizing radiations refer not only to workers directly engaged in radiation work, but also to workers who are exposed to radiations that are not directly related to their work, to dose limits for the general public and for pregnant workers. In its general observation, the Committee also referred to emergency situations and to the provision of alternative employment for workers having accumulated doses beyond which detriment considered unacceptable is to arise.

66. In 1994, the "International Basic Safety Standards for Protection against Ionizing Radiation and for the Safety of Radiation Sources" maintained the low dose limits recommended by the "International Commission on Radiological Protection", and affirmed other aspects, in particular the alternative employment when a worker may, for health reasons, no longer continue in employment involving occupational exposure.

67. The disaster which occurred in the nuclear plant of Chernobyl and its after effects have clearly shown the necessity of genuine international cooperation and have also drawn attention to the situation of the workers in this plant and of those who participated in the clean-up work. The Conference which took place in November 1995 at the World Health Organization concerning the after effects of the Chernobyl accident is of interest, in particular as to adequate protection for workers in emergency situations. Since the adoption of the general observation by the Committee in 1992, the governments have in general in their reports expressed their willingness to lower dose limits. However, not much information was contained in the reports on provisions for exposure in emergency situations, or on provision of alternative employment. For this reason, in most cases, comments have included requests for such information.

III. Technical assistance in the field of standards

A. Direct contacts and cooperation in the field of standards

68. A large number of activities have been undertaken to promote the more widespread understanding, acceptance, ratification and observance of standards.

69. Since March 1995, several regional and subregional seminars and symposia have been held on international labour standards: a symposium on standards in the Asian and Pacific region (March 1995, Indonesia); a tripartite seminar on national and international labour standards for the Caribbean Region (March 1995, Trinidad and Tobago); three subregional tripartite seminars on legislation and international labour standards for French-speaking Africa (April 1995, Gabon; May 1995, Burkina Faso) and Portuguese-speaking African countries (May-June, 1995, Portugal); a subregional tripartite seminar on the promotion of equality of opportunity and treatment in employment for East-Asian transition economies (April 1995, Thailand); a tripartite workshop on the Merchant Shipping (Minimum Standards) Convention, 1976 (No. 147) (June 1995, Croatia); a subregional workers' information seminar on international labour standards and workers' rights (July 1995, Costa Rica); and a national workers' information seminar on international labour standards and freedom of association (July 1995, Nicaragua).

70. Programmes continued to be organized to familiarize national labour administration officials with the obligations of member States and ILO procedures relating to Conventions and Recommendations. A course on international labour standards for government officials from Africa, Asia, the Arab States, Europe and Latin America was organized in collaboration with the ILO's International Training Centre (May-June, 1995, Turin) and was attended by 22 participants from the following countries: Angola, Barbados, Brazil, Cape Verde, China, Columbia, Dominican Republic, El Salvador, Kenya, Lao People's Democratic Republic, Mali, Republic of Moldova, Nigeria, Paraguay, Sri Lanka, Tanzania, United Arab Emirates, Venezuela, Yemen, Zambia and Zimbabwe.

71. Activities for cooperation and the promotion of standards also took the form of participation in seminars, workshops and meetings, and the provision of advisory services on international labour standards in or for the following countries: Albania, Argentina, Brazil, Chile, China, Croatia, Eritrea, Estonia, Ethiopia, Guatemala, Kazakhstan, Kenya, Kyrgyzstan, Madagascar, Mexico, Philippines, Russian Federation, Spain, Switzerland, Uganda, United Kingdom, Uzbekistan and Zambia, as well as for the occupied Palestinian territories.

72. Since the last session of the Committee of Experts, comments and consultations on drafts of labour laws and related legislation in the light of ILO standards have been provided to the following countries: Azerbaijan, Congo, Côte d'Ivoire, Jamaica, Lithuania, Malawi, Maldives, Morocco, Panama, Paraguay, Rwanda, Suriname, Ukraine and Uzbekistan. Comments have also been prepared on the labour laws, at the request of the Palestinian Authority.

B. Standards and multidisciplinary advisory teams

73. The Committee noted that specialists in international labour standards were present in eight of the 14 multidisciplinary teams - those in Abidjan, Bangkok, Dakar, Harare, Lima, Port of Spain, San José and Santiago (Chile). The services they provide are, on the one hand, to assist the national constituents in fulfilling their standards-related obligations and ensuring all due consultations take place among governments, employers and workers; and on the other hand to contribute to the work of the teams by promoting the integration of standards considerations into the formulation of country objectives and technical cooperation projects and programmes.

74. The International Labour Standards Department has assisted in this process by supplying the necessary technical back-up to the standards specialists, enabling headquarters officials to undertake missions where standards specialists are not available or to deal with particular problems, and systematically contributing to the country objectives papers drafted by the teams or by ILO area offices. This helps to make sure the necessary attention is given to problems in the application of ratified Conventions and to the need to promote other relevant Conventions, particularly those identified as a priority by the Governing Body and including those on basic workers' rights. In addition, the Department has initiated a series of one-day workshops for team members and other ILO field staff, designed to ensure familiarity with the standard-setting and supervisory procedures and explain their importance to the overall work of the teams and the Office.

75. The Committee notes with interest the emphasis placed by the Standards Department on collaboration with the multidisciplinary teams, in order to ensure the maximum coherence between the Committee's own work and the practical measures taken by the Office to assist member States as regards various social and labour issues. The Committee particularly appreciates the efforts being made by the Office to ensure greater coherence between standards and field activities, in the context of the active partnership policy, and it hopes that the Office will further pursue these efforts.

IV. Role of employers' and workers' organizations

76. At each session, the Committee draws the attention of governments to the role that employers' and workers' organizations are called upon to play in the application of Conventions and Recommendations and to the fact that numerous Conventions require consultation with employers' and workers' organizations, or their collaboration in a variety of measures. The Committee notes with satisfaction that all governments have indicated in the reports supplied under articles 19 and 22 of the Constitution the representative organizations of employers and workers to which, in accordance with article 23, paragraph 2, of the Constitution, they have communicated copies of the reports supplied to the ILO. All governments have indicated the organizations to which they have communicated copies of the information supplied to the ILO on the submission to the competent authorities of the instruments adopted by the Conference and the reports due under article 19 of the Constitution.

77. In accordance with established practice, the ILO sent to the representative organizations of employers and workers a letter concerning the various opportunities open to them of contributing to the implementation of Conventions and Recommendations, accompanied by relevant documentary material, and a list of the reports due from their respective governments and copies of the Committee's comments to which the governments were invited to reply in their reports.

Observations made by employers' and workers' organizations

78. Since its last session, the Committee has received 159 observations, (Endnote 2) 38 of which were communicated byemployers' organizations and 121 by workers' organizations. It shows again the interest of employers' and workers' organizations in the implementation of ILO standards and reflects the constant efforts made by the supervisory bodies and the Office to give interested organizations complete information on their role in this area.

79. The Committee notes that, of the observations received this year, 90 were transmitted directly to the International Labour Office which, in accordance with the practice established by the Committee, referred them to the governments concerned for comment. In 69 cases the governments transmitted the observations with their reports, sometimes adding their own comments.

80. The Committee also examined a number of other observations by employers' and workers' organizations, consideration of which had been postponed from the last session because the observations of the organizations or the replies of the governments had arrived just before or just after the session. It has had to postpone the examination of a number of observations to its next session, when they were received too close to or even during the Committee's present session to allow sufficient time for the governments concerned to make comments and for the Committee to consider the matters involved.

81. The Committee notes that in most cases the organizations of employers and workers endeavoured to gather and present precise facts on the application in practice of ratified Conventions. It notes that the matters dealt with in these observations have touched on a very wide range of Conventions relating, in particular, to the following subjects: protection of the right to organize and the right to collective bargaining, discrimination, forced labour, minimum wage fixing, employment policy, labour inspection, wage payment, occupational safety and health, tripartite consultations relating to international labour standards, maritime labour. The second part of this report contains most of the comments made by the Committee on cases in which the comments raised matters relating to the application of ratified Conventions. Where appropriate, other comments are examined in requests addressed directly to the governments.

82. The Committee notes lastly that the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144), has now received 76 ratifications. Thus, the number of ratifications has more than doubled since the General Survey on the Convention in 1982, which noted favourable prospects in this respect. (Endnote 3) The Committee hopes that many other countries will be able to ratify it, all the more since some have recently adopted provisions to establish tripartite bodies for ILO activities, with reference to the 1976 instruments.

V. Reports on ratified Conventions

Supply of reports

83. The Committee's principal task consists of the examination of the reports supplied by governments on Conventions which have been ratified by member States or which have been declared applicable to non-metropolitan territories.

84. In accordance with the decision to rearrange the regular supervisory procedures, adopted by the Governing Body at its 258th Session (November 1993), (Endnote 4) detailed reports were, as an exception, requested on only five Conventions. (Endnote 5) These reports cover the period ending 1 June 1995. Furthermore, detailed reports were also requested from certain governments on other Conventions, in accordance with the criteria approved by the Governing Body concerning the obligation to send reports more frequently. (Endnote 6)

85. The new arrangements governing the regular supervisory procedures will be fully implemented as of 1996. These new arrangements are described in detail in the "Handbook of procedures relating to international labour Conventions and Recommendations", which indicates the provisions concerning the procedures to be followed and established practice with regard to the obligations relating to international labour standards.

Reports requested and received

86. A total of 1,252 detailed reports were requested from governments on the application of Conventions ratified by member States (article 22 of the Constitution). At the end of the present session of the Committee, 824 of these reports had been received by the Office. This figure corresponds to 65.0 per cent of the reports requested, compared with 68.7 per cent last year. The Committee regrets that, as indicated in paragraph 99 below, a number of reports received are incomplete and do not enable it to reach conclusions regarding the application of the Conventions concerned. A table showing reports received and not received, classified by country and by Convention, is to be found in Part II (section I, Appendix I). Another table (section I, Appendix II) shows, for each year in which the Committee has met since 1933, the number and percentage of reports received by the prescribed date, by the date of the meeting of the Committee, and by the date of the session of the International Labour Conference.

87. In addition, 199 reports were requested on Conventions declared applicable with or without modifications to non-metropolitan territories (articles 22 and 35 of the Constitution). Of these, 62 reports, 31.1 per cent, had been received by the end of the Committee's session, in comparison with 73.9 per cent in February-March 1995. A list of the reports received and not received, classified by territory and by Convention, is to be found appended to section II of Part Two of this report.

88. In those cases in which the reports were not accompanied by copies of the relevant legislation, statistical data or other documentation necessary for their full examination, and where this material was not otherwise available, the Office, as requested by the Committee, wrote to the governments concerned asking them to supply the necessary texts to enable the Committee to fulfil its task.

Compliance with reporting obligations

89. Most of the governments from which reports were due on the application of ratified Conventions have supplied all or most of the reports requested, as can be seen from Appendix I, Part II, section I. However, 34 governments have not complied with their obligation to supply reports on ratified Conventions. Thus, all or the majority of the reports due this year have not been received from the following countries: Angola, Armenia, Barbados, Bolivia, Djibouti, France Metropol and French Southern and Antarctic Territories, French Guiana, Guadeloupe, Martinique, Réunion, Saint Pierre and Miquelon, Grenada, Guinea, Iraq, Luxembourg, Republic of Moldova, Netherlands (Aruba), Paraguay, Senegal, Seychelles, Sierra Leone, Sri Lanka, Uganda, United States (American Samoa, Guam, Northern Mariana Islands, Puerto Rico, United States Virgin Islands). No reports have been received for the past two or more years from the following countries: Albania, Bosnia and Herzegovina, Burundi, Equatorial Guinea, Ghana, Haiti, Liberia, Lithuania, Papua New Guinea, St. Lucia, Solomon Islands, Sao Tome and Principe, Somalia, Yemen, Zaire.

90. The Committee urges the governments of these countries, and also of those which have sent only some of the reports due, to make every effort to supply the reports requested on ratified Conventions. Where no reports have been sent for a number of years, it is likely that particular problems of an administrative or technical nature are preventing the government concerned from fulfilling its obligations under the ILO Constitution, and it may be that in cases of this kind assistance from the Office, in particular with the help of members of multidisciplinary advisory teams who are specialists on international labour standards, could enable the government to overcome its difficulties.

Late reports

91. The Committee is once again bound to emphasize the importance of communicating reports in due time. This year, for the first time, the reports due on ratified Conventions were to be sent to the Office between 1 June and 1 September 1995. Due consideration is given, when fixing this date, to the time required to translate the reports, where necessary, to conduct research into legislation and other necessary documents, and to examine reports and legislation, etc. The supervisory procedure can function correctly only if reports are communicated in due time. This is particularly true in the case of first reports or reports on Conventions where there are serious or continuing discrepancies, which the Committee has to examine in greater depth.

92. The Committee observes that the great majority of reports are received between the time-limit fixed and the date on which the Committee meets: by 1 September 1995, the proportion of reports received was only 38.2 per cent. This is much higher than for its previous session (16.4 per cent). Nevertheless, the Committee is still concerned, since it notes that it is often first reports and those relating to Conventions on which the Committee has made comments that are received the latest. In these circumstances, the Committee has been bound in recent years to postpone to its following session the examination of an increasing number of reports, since they could not be examined with the necessary care owing to lack of time. It has thus had to examine a number of reports at its present session held over from its previous session.

93. The Committee trusts that, in the context of the adjustments to the regular supervisory procedures which comes into force in 1996, governments will in future endeavour to observe the time-limits laid down for the sending of their reports so that it can carry out its supervisory function adequately.

94. Furthermore, the Committee notes that a number of countries have sent the reports due on ratified Conventions during the period between the end of the Committee's work and the beginning of the International Labour Conference, or even during the Conference. (Endnote 7) The Committee emphasizes that this practice disturbs the regular operation of the supervisory system and makes it more burdensome.

Supply of first reports

95. A total of 93 of the 144 first reports due on the application of ratified Conventions were received by the time that the Committee's session ended. However, a number of countries have failed to supply first reports, some of which are more than a year overdue. Thus, certain first reports on ratified Conventions have not been received from the following States: since 1992 - France: French Southern and Antarctic Territories (Conventions Nos. 53, 69, 74, 92, 133 and 134), Guinea (Convention No. 160), Liberia (Convention No. 133), Nigeria (Convention No. 133); since 1993 - Luxembourg (Conventions Nos. 53, 68, 69, 73, 74, 92, 108, 147 and 166), Yemen (Convention No. 159); and since 1994 - Latvia (Conventions Nos. 111, 122, 135 and 151), Sao Tome and Principe (Conventions Nos. 87, 106 and 159), Swaziland (Convention No. 160).

96. The Committee recalls that particular importance attaches to first reports on the basis of which it makes its initial assessment of the observance of ratified Conventions. It therefore requests the governments concerned to make a special effort to supply these reports.

Replies to the comments of the supervisory bodies

97. Governments are requested to reply in their reports to the observations and direct requests of the Committee, and the majority of governments have provided the replies requested. In accordance with the established practice, the International Labour Office wrote to all the governments who failed to provide such replies, requesting them to supply the necessary information. Of the 20 governments to which such letters were sent, only nine have provided the information requested.

98. The Committee notes with concern that there are still many cases of failure to reply to its comments; either:

(a) out of all the reports requested from governments, no report or reply has been received; or

(b) the reports received contained no reply to most of the Committee's comments (observations and/or direct requests) and/or did not reply to the letters sent by the Office.

99. In all there were 181 such cases, (Endnote 8) as compared to 337 last year and 354 the previous year. Although noting an improvement in the situation in comparison to the two previous years, the Committee observes that the number of these cases is still very high. It is bound to repeat the observations or direct requests already made on the Conventions in question.

100. The failure of the governments concerned to fulfil their obligations considerably hinders the work of the Committee of Experts and that of the Conference Committee, and the Committee of Experts cannot overemphasize the special importance of ensuring the dispatch of the reports and replies to its comments on time.

Examination of reports

101. In examining the reports received on ratified Conventions and Conventions declared applicable to non-metropolitan territories, the Committee has followed its usual practice of assigning to each of its members the initial responsibility for a group of Conventions. Reports received early enough are sent to the members concerned in advance of the Committee's session. The members submit their preliminary conclusions on the instruments for which they are responsible to all their colleagues for their examination. These conclusions are then presented to the Committee in plenary sitting by their respective authors for discussion and approval. Decisions on comments are adopted by consensus, without prejudice to experts who wish to put forward different opinions, as was the case in the past.

Observations and direct requests

102. In the majority of cases, the Committee has found that no comment is called for regarding the way in which a ratified Convention has been implemented. In other cases, however, the Committee has found it necessary to draw the attention of the governments concerned to the need to take further action to give effect to certain provisions of Conventions or to supply additional information on given points. As in previous years, its comments have been drawn up in the form either of "observations" which are reproduced in the Report of the Committee, or "direct requests", which are not published in the report, but are communicated directly to the governments concerned. (Endnote 9)

103. As in the past, the Committee has indicated by footnotes the cases in which, because of the nature of the problems met in the application of the Conventions concerned, it has seemed appropriate to ask the Government to supply a detailed report earlier than would otherwise have been the case. Under the system of spacing out reports, which applies to most Conventions, such early reports have been requested after an interval of either one or two years, according to circumstances. In some instances, the Committee has also requested the Government to supply full particulars to the Conference at its next session in June 1996.

104. The observations of the Committee appear in Part Two (sections I and II) of this report, together with a list under each Convention of any direct requests. An index of all observations and direct requests, classified by country, is provided at the beginning of this report.

Cases of progress

105. In accordance with its usual practice, the Committee has drawn up a list of the cases in which it has been able to express its satisfaction at certain measures taken by governments to make the necessary changes in their country's law or practice following comments by the Committee on the degree of conformity between national law or practice and the provisions of a ratified Convention. Details concerning the cases in question are to be found in Part II of this report and cover 37 instances in which measures of this kind have been taken in 27 States. The full list is as follows:

Cases of progress Conventions Nos.

Algeria 77, 78

106. Thus, the total number of cases in which the Committee has been led to express its satisfaction with the progress achieved following its comments has risen to 2,107 since the Committee began listing them in its reports in 1964. In addition, there have been many cases in which the Committee has been able to note with interest various measures that have been taken following its comments with a view to ensuring a fuller application of ratified Conventions. All these cases provide an indication of the efforts made by governments to ensure that their national law and practice are in conformity with the provisions of the ILO Conventions they have ratified.

107. These cases do not, however, as the Committee regularly points out, exhaust the instances in which Conventions and Recommendations have a measurable influence on the law and practice of member States. For example, the Committee has again noted a number of cases this year in which it is clear from the first report on the application of a Convention that new legislative or other measures were adopted shortly before or after ratification.

Practical application

108. As in previous years, the Committee has been concerned with assessing, on the basis of the information available, the extent to which national legislation giving effect to ratified Conventions is applied in practice. A number of questions designed to elicit information on this point are included in the report forms approved by the Governing Body for the Conventions, and the replies of governments to these questions constitute an appreciable, though uneven, source of information on practical application available to the Committee. The Committee has also taken into account other authoritative sources of information. These consist, in particular, of the annual reports of labour inspection services, statistical yearbooks published in the States or by the ILO, observations of employers' or workers' organizations, compilations of judicial or administrative decisions, reports on direct contacts, reports on technical cooperation projects and missions, and other official publications such as manuals, studies and economic and social development plans.

109. The Committee notes with interest that this year some 73.4 per cent of the reports supplied on Conventions for which information on practical application was specifically requested contained such data. Although this percentage is higher than in any of the recent years, the Committee reiterates its appeal to governments to make every effort to include the information requested in their reports.

110. The following countries have provided information on practical application in more than half the reports concerned: Algeria, Argentina, Australia, Austria, Bangladesh, Belgium, Brazil, Colombia, Côte d'Ivoire, Croatia, Czech Republic, Denmark, Dominican Republic, Ecuador, Finland, France, Germany, Guatemala, Guinea, Islamic Republic of Iran, Iraq, Israel, Italy, Kenya, Malawi, Mauritania, Morocco, Mozambique, Netherlands, Niger, Norway, Panama, Peru, Poland, Romania, San Marino, Slovenia, Spain, Suriname, Tunisia, Turkey, Ukraine, United Kingdom, Uruguay, Venezuela, Yemen, Zambia.

111. The Committee wishes particularly to thank governments that have given information on practical application in their reports, as this information has greatly helped it in assessing more accurately the extent to which ratified Conventions are actually applied in these countries.

112. As in previous years, the Committee has addressed direct requests to certain countries which have not replied to the questions in the report forms on practical application. The Committee notes that, again this year, the majority of the countries in question are developing countries and that certain of them have referred specifically to difficulties of a financial and/or administrative nature which are preventing them from compiling the statistical and other information requested. The Committee is of the opinion that these are also cases in which technical assistance from the International Labour Office, particularly when provided by the multidisciplinary advisory teams, could assist in overcoming the difficulties in question.

113. The Committee also notes with interest the judicial and administrative decisions on questions of principle relating to the application of ratified Conventions to which certain countries have referred in their reports. It noted that 39 reports contain information of this kind and thereby shed additional light on the problems raised in these cases by the practical application of the Conventions in question.

114. For many years, the Committee has been noting that provisions concerning sanctions to secure observance of the measures in pursuance of Conventions to ensure their application are often inadequate because the sanctions laid down do not have a sufficiently dissuasive effect, particularly where violations of basic workers' rights are concerned, which should give rise to penal sanctions especially when sanctions are provided for by the ILO Conventions and be followed by measures of compensation. It once again draws attention to the importance of establishing effective sanctions and of adapting monetary penalties, particularly in countries with high rates of inflation, in such a way that they exert an effective preventive influence against acts contrary to the guarantees laid down by international labour Conventions. The Committee again requests governments to indicate in their reports the measures taken to examine the need to adapt monetary penalties from time to time in the light of inflation or to determine the amount of such penalties in such a way as to take account of currency fluctuations.

VI. Submission of Conventions and Recommendations to the competent authorities (article 19, paragraphs 5, 6 and 7, of the Constitution)

115. In accordance with its terms of reference, the Committee this year examined the following information (Endnote 10) supplied by the governments of member States, pursuant to article 19 of the Constitution of the International Labour Organization:

(a) information on the steps taken to submit to the competent authorities within the time-limit of 12 or 18 months, as provided for in the Constitution, the following instruments adopted at the 81st Session of the Conference (1994): the Part-Time Work Convention (No. 175) and Recommendation (No. 182), 1994;

(b) additional information on the steps taken to submit to the competent authorities the instruments adopted by the Conference from its 31st (1948) to its 80th (1993) Sessions (Conventions Nos. 87 to 174 and Recommendations Nos. 83 to 181);

(c) replies to the observations and direct requests made by the Committee at its Session in February-March 1995.

81st Session

116. The Committee notes with interest that the governments of the following member States have indicated that they have submitted to the authorities considered by them to be competent the instruments adopted by the Conference at its 81st Session: Australia, Bahamas, Barbados, Belarus, Cape Verde, Côte d'Ivoire, Cyprus, Denmark, Egypt, Ethiopia, Gabon, Iceland, Indonesia, Islamic Republic of Iran, Italy, Japan, Republic of Korea, Kuwait, Lao People's Democratic Republic, Luxembourg, Malawi, New Zealand, Nicaragua, Norway, Panama, Philippines, Poland, Romania, Russian Federation, San Marino, Saudi Arabia, Singapore, Slovakia, Togo, Tunisia, Turkey, Ukraine, United Arab Emirates and United States.

31st to 80th Sessions

117. The Committee notes with interest that considerable efforts have been made by several governments to submit instruments adopted by the Conference since its 31st Session to the competent authorities, particularly in the following cases: Bangladesh (70th, 71st, 74th, 75th, 76th, 77th (Convention No. 171 and Recommendation No. 178) and 80th Sessions); Italy (78th, 79th, 80th and 81st Sessions); Kenya (65th to 80th Sessions); Lao People's Democratic Republic (48th to 65th, 80th and 81st Sessions); Malawi (55th (Recommendations Nos. 137, 138, 139, 140, 141 and 142), 56th (Recommendation No. 144), 58th (Recommendations Nos. 145 and 146), 59th (Recommendations Nos. 147 and 148), 60th (Convention No. 143 and Recommendations Nos. 149, 150 and 151), 62nd (Convention No. 145 and Recommendations Nos. 153, 154 and 155), 63rd (Recommendation No. 156), 64th (Recommendations Nos. 158 and 159), 65th (Recommendations Nos. 160 and 161), 66th, 67th (Recommendations Nos. 163, 164 and 165), 69th (Recommendation No. 167), 70th (Recommendation No. 169), 71st (Recommendations Nos. 170 and 171), 72nd (Recommendation No. 172), 74th (Recommendations Nos. 173 and 174), 75th (Recommendations Nos. 175 and 176), 76th, 77th, 78th, 79th, 80th and 81st Sessions); Pakistan (75th, 76th, 77th, 78th, 79th and 80th Sessions) and Sri Lanka (75th, 76th, 77th and 78th Sessions).

118. The table in Appendix I to section III of Part Two of the report of the Committee shows the position of each member State as it emerges from the information supplied by the governments, with regard to the discharge of the obligation to submit Conventions and Recommendations adopted by the Conference to the competent authorities. Appendix II shows the overall position in this respect for the instruments adopted from the 31st to the 81st Sessions of the Conference.

General aspects

119. The Committee notes with concern that many countries are late - sometimes very late - in submitting to the competent authorities the instruments adopted by the Conference. In other cases, submission does not appear to have been accompanied by proposals on the action to be taken concerning the instruments being considered.

120. The Committee wishes to emphasize that the submission to the competent authorities of the instruments adopted by the Conference is a fundamental obligation which constitutes the indispensable first step in implementing international labour standards. In order that national authorities may be kept up to date on the standards adopted at the international level, which may require action in each State so as to give effect to them at the national level, submission should be made as early as possible and in any case within the time-limits set by article 19 of the ILO Constitution. Governments, however, remain entirely free to propose any action which they may judge appropriate in respect of Conventions and Recommendations. The principal aim of the submission is to encourage a rapid and responsible decision by each member State on the Conventions and Recommendations adopted by the Conference on this subject, an observation was submitted to the Committee by a workers' organization. (Endnote 11)

Comments of the Committee and replies from governments

121. In section III of Part Two of this report, the Committee makes individual observations on the points that it considers should be brought to the special attention of governments. In addition, requests with a view to obtaining supplementary information on other points have also been addressed directly to a number of countries, which are listed at the end of section III.

122. The Committee once again regrets to note that a number of governments have again failed to provide replies to its comments, even after reminders have been sent by the Office in accordance with the request made to it by the Committee (see Part Two, section III of this report). The Committee again expresses the hope that governments will endeavour in future to supply all the required information and documents.

123. The Committee wishes once more to point out the importance of the communication by governments of the information and documents called for in points I and II of the questionnaire in the Memorandum adopted by the Governing Body. Some governments do not communicate the information and documents in question. The Committee trusts that the governments concerned will take suitable measures to comply with the Memorandum on submission to the competent authorities.

Special problems

124. The Committee is bound to note with regret that no information has been supplied by the following 24 governments showing that the Conventions and Recommendations adopted by the Conference during at least the last seven sessions (from the 74th to the 80th Sessions) (Endnote 12) have in fact been submitted to the competent authorities: Algeria, Antigua and Barbuda, Cameroon, Central African Republic, Congo, Djibouti, Ecuador, El Salvador, Guinea, Guyana, Haiti, Jamaica, Lesotho, Libyan Arab Jamahiriya, Madagascar, Mozambique, Paraguay, Saint Lucia, Seychelles, Solomon Islands, United Republic of Tanzania, Thailand, Trinidad and Tobago and Zaire. The fact that so many countries have accumulated a long backlog in this context is a cause of deep concern to the Committee. Indeed, there is a danger that certain countries may find it very difficult to bring themselves up to date. What is more, neither the legislative authorities nor public opinion in these countries are regularly informed of the existence of new instruments as the Conference adopts them, which defeats the real purpose of the obligation to submit explained in paragraph 120 above.

125. In this context, the Committee would like to point out once again that the obligation of submission does not imply that governments must ratify the Conventions or accept the Recommendations in question. The Committee therefore expresses the firm hope that the governments concerned will promptly undertake to submit the instruments adopted at the sessions indicated and that it will be able to note the progress made in this respect in its next report. The Committee finally recalls that governments have the possibility of asking the International Labour Office for the technical assistance which it is able to provide, particularly through the multidisciplinary advisory teams, to endeavour to solve this type of problem.

Submission of certain instruments to the appropriate authorities of the European Union

126. Since the last session of the Committee (March 1995), one Member State of the European Union (Greece) stated that it had submitted the Protection of Workers' Claims (Employer's Insolvency) Convention (No. 173) and Recommendation (No. 180), 1992, and the Prevention of Major Industrial Accidents Convention (No. 174) and Recommendation (No. 181), 1993, to the competent authorities of the European Union. In its report, the above Government stated that the consultations provided for in article 23, paragraph 2, of the ILO Constitution and by the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144), would be pursued at the national level.

127. The Committee trusts that member States, when they participate in the work of the bodies of the European Union responsible for deciding on the ratification of a Convention, will continue to work for the attainment of the objectives of the ILO by endeavouring in good faith to envisage the ratification of international labour Conventions whenever conditions make this possible.

VII. Special reports on the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), from countries that have ratified it

128. To strengthen the procedures for supervising the constitutional obligation of non-discrimination, the ILO Governing Body decided at its 208th (November 1978) and 209th (February-March 1979) Sessions, that Governments of countries which have not ratified the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), should be asked to submit reports under article 19 of the ILO Constitution every four years. At the time of its decision, the Governing Body specified that governments should only be asked to reply to a limited number of questions, essentially concerning the difficulties of ratification, measures envisaged to overcome them and the prospects of ratification in the near future.

129. To date, such reports on Convention No. 111 have been requested in 1979, 1983 and 1981. In 1980, 1984 and 1992, the Committee included a section in its General Report summarizing and commenting on the information received and evaluating ratification prospects. In 1987, detailed reports requested under article 19 of the Convention and its accompanying Recommendation, and they were used, along with the reports submitted under articles 22 and 35 of the Constitution by States that have ratified Convention No. 111, as a basis for the Committee's General Survey of 1988 concerning equality in employment and occupation. This is therefore the third time that the Committee has been called upon to examine reports under the special procedure established by the Governing Body.

130. A total of 52 reports were requested and 24 received. This represents 46 per cent of the reports requested.

Special Survey

131. Part Three of this report (issued separately as Report III (Part 4B)) contains the Special Survey of the Committee in respect of Convention No. 111 in accordance with the procedure described above. In view of the decision taken by the Governing Body at its 261st Session (November 1994) to confine the General Survey, for this session of the Committee, to the four-yearly special reports on Convention No. 111, the practice followed in previous years for the Committee's General Surveys has also been followed for this special survey. This survey has therefore been prepared on the basis of a preliminary examination by a working party comprising five persons appointed by the Committee from among its members.

132. Lastly, the Committee would like to express its appreciation for the invaluable assistance again rendered to it by the officials of the ILO, whose competence and devotion to duty make it possible for the Committee to accomplish its increasingly complex task in a limited period of time.

Geneva, 8 December 1995. (Signed) Sir William Douglas,

T. Yamaguchi,

Endnotes

Endnote 2

Endnote 3

Endnote 4

Endnote 5

Endnote 6

Endnote 7

Endnote 8

Endnote 9

Endnote 10

Endnote 11

Endnote 12