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 67th Session in Geneva from 28 November to 13 December 1996. The Committee has the honour to present its report to the Governing Body.

2. The Committee noted with regret that Mrs. Badria AL-AWADI asked to be relieved of her duties as member of the Committee. It would like to pay tribute to the outstanding contribution she made to the work of the Committee during her 13 years as a member, due to her vast experience and steadfast commitment to the principles of the ILO.

3. The Governing Body has appointed Mr. Amadou SO as a member of the Committee. It gave the Committee great pleasure to welcome him to its present session.

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

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. Cassio MESQUITA BARROS (Brazil),

Mr. Benjamin Obi NWABUEZE (Nigeria),

Mr. Edilbert RAZAFINDRALAMBO (Madagascar),

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

Mr. Amadou SO (Senegal),

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 to the Chair and it elected Mr. E. RAZAFINDRALAMBO as Reporter of the Committee.

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 95 to 128 below), on the application of Conventions in non-metropolitan territories (see section II and paragraphs 95 to 128 below), and on the obligation to submit instruments to the competent authorities (see section III and paragraphs 129 to 139 below). Part Three, which is published in a separate volume (Report III (Part 1B)) consists of a General Survey on the Labour Administration Convention (No. 150) and Recommendation (No. 158), 1978, on which governments were requested to submit reports under article 19 of the Constitution of the ILO.

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 standards-related obligations.

9. In this context, the Committee again noted the participation of the Chairman of its 66th Session as an observer in the general discussion of the Committee on the Application of Standards of the 83rd Session of the International Labour Conference (June 1996). It noted the decision of the Conference Committee on the Application of Standards again to request the Director-General to invite the Chairman of the 67th 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 85th Session of the International Labour Conference (June 1997). 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 173 to 174; Saint Kitts and Nevis became a Member of the Organization on 19 June 1996.

New standards adopted by the Conferences in 1996 and the coming into force of a Convention

11. The Committee noted that at its 83rd Session (June 1996) the International Labour Conference adopted the Home Work Convention (No. 177) and Recommendation (No. 184). At its 84th (Maritime) Session, the International Labour Conference adopted three international labour Conventions, a Protocol and three international labour Recommendations, namely: the Labour Inspection (Seafarers) Convention (No. 178) and Recommendation (No. 185); the Recruitment and Placement of Seafarers Convention (No. 179) and Recommendation (No. 186); the Seafarers' Hours of Work and the Manning of Ships Convention (No. 180) and the Seafarers' Wages, Hours of Work and the Manning of Ships Recommendation (No. 187); and the Protocol of 1996 to the Merchant Shipping (Minimum Standards) Convention, 1976.

12. The Prevention of Major Industrial Accidents Convention, 1993 (No. 174), has been ratified by Sweden and Armenia and will come into force on 3 January 1997.

Ratifications and denunciations

13. Since 8 December 1995, 63 ratifications by 29 member States have been registered. The total number of ratifications at 13 December 1996 was 6,355.

14. The total number of denunciations not accompanied by the ratification of a revised Convention was 78 at 13 December 1996.

15. Since the Committee's last session, the Director-General has registered the denunciation of the Night Work (Bakeries) Convention, 1925 (No. 20), by Peru and the denunciation of the Termination of Employment Convention, 1982 (No. 158), by Brazil. The Government of Peru stated that Convention No. 20 was being denounced because it was not applicable in Peru. In that branch of activity (bakeries), night work was extremely influenced by the need to meet the demands of the general public and the lack of sufficiently developed technologies for the automatization of the baking of bread and similar products. The Government stated that its decision was duly preceded by consultations with employers' and workers' organizations. This denunciation, registered on 18 June 1996, will come into effect on 18 June 1997. The Government of Brazil stated that it had taken the decision to denounce Convention No. 158 after holding the pertinent tripartite consultations on the matter. It recalled that it attaches great importance to the protection of employment against arbitrary dismissal or dismissal without cause and that this matter is dealt with by article 7(I) of the Federal Constitution. A Bill to supplement the constitutional provision has been the subject of tripartite discussions. According to the Government, complex circumstances of a legal and economic nature, which could not have been foreseen at the time of ratification, made it difficult for the Brazilian Government to implement Convention No. 158 within the Brazilian legal system. The Government considers that in fact the Convention could, on the one hand, be invoked to justify excessive and indiscriminate dismissals, based on the rather general and vague "operational requirements of the undertaking, establishment or service", as stated in Article 4, or on the other hand, give way to a broad prohibition of dismissals which would not be compatible with the current programme of economic and social reform and modernization. Furthermore, the Government considers that the Convention constituted a step backwards in the course towards less state intervention and more collective bargaining. According to the Government, such uncertainty regarding the scope of the provisions of the Convention would, in the context of the Brazilian legal system, based on positive law, generate insecurity and litigation, without practical advantages for the improvement and modernization of labour relations. The Government nevertheless emphasized that it is sensitive to the issues dealt with in the Convention and has the intention of continuing to apply and improve the national legislation concerning the protection of employment. This denunciation, registered on 20 November 1996, will come into effect on 20 November 1997.

16. The Committee recognizes that implementation of a Convention by a ratifying State often involves a period of adjustment. It refers in this regard to the observation addressed to the Government of Brazil under Convention No. 158 (Part Two of this report, I. Observations on ratified Conventions).

17. Eight denunciations accompanied by the ratification of a revised Convention have been registered by the Director-General since the Committee's last session. The Convention concerning Statistics of Wages and Hours of Work, 1938 (No. 63), was denounced by Canada, Ireland and Panama following their ratification of the Labour Statistics Convention, 1985 (No. 160). The Holidays with Pay Convention, 1936 (No. 52), was denounced by the Czech Republic following its ratification of the Holidays with Pay Convention (Revised), 1970 (No. 132). The Fee-Charging Employment Agencies Convention, 1933 (No. 34), was denounced by Argentina following its ratification of the Fee-Charging Employment Agencies Convention (Revised), 1949 (No. 96). The Minimum Age (Sea) Convention (Revised), 1936 (No. 58), the Minimum Age (Industry) Convention (Revised), 1937 (No. 59), and the Minimum Age (Fishermen) Convention, 1959 (No. 112), were denounced by Tunisia following its ratification of the Minimum Age Convention, 1973 (No. 138).

Constitutional and other procedures

18. 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 Myanmar

19. By a letter dated 20 June 1996, addressed to the Director-General of the ILO, 25 Workers' delegates to the 83rd Session of the International Labour Conference presented a complaint under article 26 of the Constitution against the Government of Myanmar concerning non-observance of the Forced Labour Convention, 1930 (No. 29). At its 267th Session (November 1996), the Governing Body decided that the Government of Myanmar would be requested by the Director-General to communicate its observations on the complaint by 31 January 1997 at the latest. When so inviting the Government of Myanmar, the Director-General informed it that the Governing Body intended to examine the complaint at its 268th Session, which will take place in Geneva in March 1997.

B. Representations submitted under article 24 of the ILO Constitution

Representation concerning Brazil

20. At its 267th Session (November 1996), the Governing Body decided that the representation made by the Trade Union of Workers of the Construction and Furniture Industries of Santos, alleging non-observance by Brazil of the Termination of Employment Convention, 1982 (No. 158), was receivable. The Governing Body set up a tripartite committee to examine the representation.

Representations concerning Congo

21. At its 265th Session (March 1996), the Governing Body approved the report of the tripartite committee set up to examine the representation made by the International Organization of Energy and Mines (OIEM), alleging non-observance by Congo of the Protection of Wages Convention, 1949 (No. 95).

22. At its 265th Session (March 1996), the Governing Body decided that the representation submitted by the Trade Union Confederation of Congo Workers (CSTC), alleging non-observance by Congo of the Protection of Wages Convention, 1949 (No. 95), was receivable. The Governing Body set up a tripartite committee to examine the representation.

Representation concerning Costa Rica

23. At its 266th Session (June 1996), the Governing Body approved 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 Costa Rica of the Employment Policy Convention, 1964 (No. 122).

Representation concerning France

24. At its 265th Session (March 1996), the Governing Body approved the report of 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).

Representation concerning Greece

25. At its 265th Session (March 1996), the tripartite committee set up to examine 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), requested additional information from the above Federation. The above committee will meet during the 268th Session (March 1997) of the Governing Body.

Representation concerning Guatemala

26. At its 267th Session (November 1996), the Governing Body adopted the report of the tripartite committee set up to examine the representation made by the International Union of Food, Agricultural, Hotel, Restaurant, Catering, Tobacco and Allied Workers' Association (IUF) and 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).

Representations concerning Peru

27. At its 266th Session (June 1996), the Governing Body adopted the report of the tripartite committee set up to examine the representation made by the General Confederation of Workers of Peru (CGTP), alleging non-observance by Peru of the Night Work (Women) Convention, 1919 (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), which was receivable with regard to the first three instruments.

28. At its 267th Session (November 1996), the Governing Body adopted the report of the tripartite committee set up to examine the representations made by the Latin American Central of Workers (CLAT) and the Single Confederation of Workers of Peru (CUT), alleging non-observance by Peru of the Equal Remuneration Convention, 1951 (No. 100), the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), and the Employment Policy Convention, 1964 (No. 122).

Representation concerning Poland

29. At its 265th Session (March 1996), the Governing Body approved the report of the tripartite committee set up to examine the representation made by the All-Poland Trade Union Alliance (OPZZ) alleging non-observance by Poland of the Employment Policy Convention, 1964 (No. 122).

Representation concerning the Russian Federation

30. At its 265th Session (March 1996), the Governing Body adopted the report of the tripartite committee set up to examine 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).

Representation concerning Senegal

31. At its 265th Session (March 1996), the Governing Body decided that the representation made by the Senegal Teachers' Single and Democratic Trade Union (SUDES), alleging non-observance by Senegal of the Abolition of Forced Labour Convention, 1957 (No. 105), and the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), was receivable only with regard to Convention No. 105. The Governing Body set up a tripartite committee to examine the representation.

Representation concerning Turkey

32. At its 265th Session (March 1996), the Governing Body decided that the representation made by the Confederation of Turkish Trade Unions (TURK-IS), alleging non-observance by Turkey of the Termination of Employment Convention, 1982 (No. 158), was receivable. The Governing Body set up a tripartite committee to examine the representation.

Representation concerning Uruguay

33. At its 267th Session (November 1996), the Governing Body approved the report of 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 affiliated organization, 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).

Representation concerning Venezuela

34. At its 267th Session (November 1996), the Governing Body decided that the representation made by the Venezuelan Workers' Confederation (CTV), the Single Central Organization of Workers of Venezuela (CUTV), the General Confederation of Workers of Venezuela (CGT), the Confederation of Autonomous Trade Unions (CODESA) and the National Trade Union of Public Employees and Officials of the Judiciary and of the Council of the Magistracy (ONTRAT), alleging non-observance by Venezuela of the Protection of Wages Convention, 1949 (No. 95), and the Termination of Employment Convention, 1982 (No. 158), was receivable. The Governing Body set up a tripartite committee to examine the representation.

Representation concerning the Socialist Federal Republic of Yugoslavia

35. 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.

C. Special procedures concerning freedom of association

36. At each of its last meetings (March, June and November 1996), 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 (300th to 305th Reports). Some of these cases have been before the Committee on two occasions. Moreover, since the last meeting of the Committee of Experts, 46 new cases have been submitted to the Committee on Freedom of Association. A direct contacts mission concerning cases pending before the Committee on Freedom of Association visited Swaziland and Colombia.

37. The Committee on Freedom of Association drew the attention of the Committee of Experts to the legislative aspects of the following cases: 1695 and 1786 (Costa Rica), 1730 (United Kingdom), 1765 (Bulgaria), 1773 (Indonesia), 1791 (Chad), 1810 and 1830 (Turkey), 1844 (Mexico), 1849 (Belarus) and 1850 (Congo).

Functions in regard to other international instruments of universal and regional character

A. United Nations Covenants and Conventions concerning human rights

38. 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 Treaties 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 14th (May 1996) and 15th (November-December 1996) Sessions of the Committee on Economic, Social and Cultural Rights and presented reports on five and seven countries respectively;

- International Covenant on Civil and Political Rights: reports were presented at the 56th (March-April 1996), 57th (July 1996) and 58th (October-November 1996) Sessions of the Human Rights Committee;

- Convention on the Elimination of All Forms of Discrimination against Women: a report and additional information on ILO activities in this field and Governing Body documents on the follow-up by the ILO to the Fourth World Conference on Women (Beijing, 1995) will be presented to the 16th (January-February 1997) Session of the Committee on the Elimination of Discrimination against Women;

- International Convention on the Elimination of All Forms of Racial Discrimination: the Office took part in the 48th (March 1996) and 49th (August 1996) Sessions of the Committee on the Elimination of Racial Discrimination.

39. In accordance with Article 45 of the United Nations Convention on the Rights of the Child, the ILO was represented at the 11th, 12th and 13th Sessions of the Committee on the Rights of the Child (Geneva, January 1996, May-June 1996 and September-October 1996). At 13 December 1996, only four States (United Arab Emirates, United States, Oman and Somalia) had not ratified the instrument. The Committee on the Rights of the Child examined reports from the following countries: Croatia, Iceland, Finland, Republic of Korea, Mongolia, Yemen, Federal Republic of Yugoslavia (Serbia and Montenegro) (11th Session); China, Cyprus, Guatemala, Lebanon, Nepal, Zimbabwe (12th Session); and Mauritius, Morocco, Nigeria, United Kingdom (Hong Kong), Uruguay (13th 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.

40. 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 on the measures adopted to give effect to the Convention on the Rights of the Child. 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 impetus.

B. European Code of Social Security and its Protocol

41. 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 15 reports 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 in large measure to apply them. 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. M. Remmert, Administrator of the Social Security and Employment Division. The conclusions of the Committee regarding these reports will be sent to the Council of Europe.

42. 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 1996). As in previous years, the Steering Committee approved the conclusions of the Committee of Experts.

C. European Social Charter and Additional Protocol

43. In accordance with Article 26 of the European Social Charter, a representative of the ILO participated during the course of 1996 in an advisory capacity in several sessions of the Committee of Independent Experts set up to supervise the application of the Charter. The Council of Ministers of the Council of Europe, at its 562nd Session (Strasbourg, 1-4 April 1996), adopted the Revised European Social Charter.

Collaboration with other international organizations

Cooperation in the field of standards with the United Nations and the specialized agencies

44. In the context of the collaboration established with other international organizations on questions concerning the supervision of the application of universal instruments relating to subjects of common interest, copies of the reports received under article 22 of the Constitution were forwarded to the United Nations, specialized agencies, and intergovernmental organizations with which the ILO has entered into special arrangements for this purpose.

45. In accordance with established practice, copies of the reports received on the Indigenous and Tribal Populations Convention, 1957 (No. 107), were forwarded for comment to the United Nations, the United Nations Food and Agriculture Organization (FAO), the United Nations Educational, Scientific and Cultural Organization (UNESCO) and the World Health Organization (WHO); copies of these reports were also sent to the Inter-American Indian Institute of the Organization of American States. The WHO and the United Nations also received a copy of one report on the Indigenous and Tribal Peoples Convention, 1989 (No. 169). Copies of reports on the Rural Workers' Organisations Convention, 1975 (No. 141), were communicated to the FAO and the United Nations. Copies of reports on the Social Policy (Basic Aims and Standards) Convention, 1962 (No. 117), were communicated to the FAO, UNESCO and the United Nations. Copies of reports on the Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143), were forwarded to the WHO, UNESCO and the United Nations. Copies of the reports received on the Nursing Personnel Convention, 1977 (No. 149), were communicated to the WHO. Copies of reports on the Merchant Shipping (Minimum Standards) Convention, 1976 (No. 147), and on the Radiation Protection Convention, 1960 (No. 115), were sent to the International Maritime Organization (IMO) and the International Atomic Energy Agency (IAEA), respectively.

46. Representatives of these organizations were also invited to attend the sittings of the Committee of Experts at which the Conventions in question were discussed.

Matters relating to human rights

47. Following the ILO's participation in the World Conference on Human Rights (Vienna, June 1993), the World Summit for Social Development (Copenhagen, March 1995), the Fourth World Conference on Women (Beijing, September 1995) and the other international thematic conferences organized recently, the Office has continued to respond in its regular promotional activities to the call in the Vienna Declaration and Plan of Action for the universal ratification of international human rights treaties and to the Copenhagen Programme of Action's call for the ratification and full implementation of ILO Conventions in the areas of the prohibition of forced and child labour, freedom of association, equal remuneration for men and women for work of equal value and non-discrimination in employment. The overall strategic objective of the plan of action in follow-up to the Beijing Conference is to ensure the integration of a gender perspective in all ILO programmes and projects and to promote equality of opportunity and treatment between men and women in the world of work through ILO means of action, including standard-setting and monitoring, technical cooperation, research, advisory services, information dissemination, seminars, workshops, publications and other promotional activities.

48. The Committee has already expressed its appreciation of the Director-General's initiative, as a follow-up to the World Summit for Social Development, to call upon member States which have not yet ratified one or several of the seven ILO Conventions referred to in the Declaration adopted by the Summit, to ratify them. The Committee notes with interest that these seven instruments have been the subject of 20 of the 63 ratifications registered since its last session. The ratifications in question are as follows:

- Convention No. 29, Estonia, Georgia;

- Convention No. 105, Estonia, Georgia, Czech Republic;

- Convention No. 87, Republic of Moldova, South Africa, Zambia;

- Convention No. 98, Georgia, Republic of Moldova, Nepal, South Africa, Suriname, Zambia;

- Convention No. 100, Estonia, Georgia;

- Convention No. 111, Georgia, Republic of Moldova; and

- Convention No. 138, El Salvador, Georgia.

49. In the context of strengthening its technical advisory services on basic rights, the Office has maintained its collaboration with the United Nations, and particularly with the Centre for Human Rights. Workshops on the application of international human rights instruments and joint briefing sessions with other United Nations agencies for country or thematic rapporteurs have been organized by the United Nations with the collaboration of the Office at the International Training Centre in Turin. A workshop was organized for the staff of the United Nations High Commissioner for Refugees to explain the ILO's standards and procedures in areas related to the mandate of the UNHCR. The ILO is also continuing its work on the indigenous segment of the Guatemala Peace Plan, signed in Oslo in 1994; this work is coordinated by the ILO Office in San José.

50. Following the General Assembly's proclamation of 1994-2004 as the International Decade of the World's Indigenous People, the Office has contributed to the Decade by organizing its own events and by collaborating with the United Nations Centre for Human Rights. The Office is providing technical backstopping to a Danish-funded project to promote the rights of indigenous and tribal peoples within the framework of the relevant ILO standards, and particularly Convention No. 169.

51. In the framework of the General Assembly's proclamation of 1995-2005 as United Nations Decade for Human Rights Education, the ILO has cooperated with the Office of the High Commissioner for Human Rights in its activities to promote human rights education methodologies, using, in particular, the ILO's extensive experience in workers' and employers' education and training.

Questions concerning the application of ConventionsApplication of the Employment Policy

Convention, 1964 (No. 122)

52. The Committee examined the reports of 29 governments on the application of the Convention. In the preparation of its observations and direct requests, it again had the support of the specialist units of the ILO. In addition to the International Standards Department, the Employment and Training Department in particular (and in some cases multidisciplinary teams) provided essential assessments of reports.

53. The Committee has carefully considered the views expressed and conclusions reached at the 83rd Session of the Conference in June 1996. From the Record of Proceedings of the Conference Committee on the Application of Standards and the Committee on Employment Policies - and the important ILO World Employment report for 1996-97 - it is clear that the goal of full, productive and freely chosen employment embodied in Convention No. 122 remains the basic policy of the Organization and its constituents. It would be failing the trust of the workers to accept anything less as an objective, difficult though it may be to attain.

54. The Committee will continue to pursue the constructive dialogue on employment policy in which it has been engaged with the Conference Committee on the Application of Standards. It believes that the Conference as a whole reinforced the ILO's will not to fail to accept the challenges of the employment and social problems that have arisen from many causes - increased international competitivity, globalization of markets and the transition of some countries to a market economy being examples. Employment policy must be part of an overall strategy, and Convention No. 122 and the accompanying Recommendations Nos. 122 and 169 represent a clear resolve to pursue such a policy.

55. Further, the Committee's discharge of its responsibilities for supervision of the whole range of international labour standards would be, indeed is being jeopardized as working conditions, employment stability and workers' individual dignity and freedom of choice are severely limited by economic pressures. The Committee is particularly concerned that, in the search for "efficiency" and the emphasis on competition, the fair treatment of labour is increasingly likely to suffer. Following the tendency towards fixed-term contracts, there is growth of "no-hours" contracts (which do not specify working hours but require the workers to be available at any time) and this clearly shows that the human aspects of employment are vulnerable to pressing economic concerns.

56. The Committee accepts that ILO standards rightly leave a great deal of discretion to individual States to ensure that conditions conducive to employment generation are established and maintained. The Committee is interested to note that the 85th Session of the Conference in 1997 will focus on the role of small and medium-sized enterprises in employment creation. One part of the role of government, nevertheless, is no doubt to maintain an appropriate legal framework; another is certainly to ensure that the freedom of choice irrespective of race, colour, sex, religion, political opinion, national extraction or social origin referred to in Article 1(2)(c) of the Convention is a reality, so that all workers - including disadvantaged categories such as women - are in fact able to opt for suitable full-time or part-time work when that is what they want. A third part - which of course impacts on the other two - is that described in Article 3 of the Convention: actively to consult representatives of employers and workers and other persons affected and to endeavour in good faith to use their experience and views and obtain support through them. This role is obviously one which calls for deliberate action by government; and the Committee's present General Survey on the Labour Administration Convention (No. 150) and Recommendation (No. 158), 1978, indicates further how that role can be discharged.

57. The Committee is sensitive too to the need for incisive analysis of the overall economic framework and the effects of fiscal and monetary policies on employment and the operation of the labour market. In several individual comments it refers to the questions on macroeconomic policies included in the report form adopted by the Governing Body, because it is that level of policy-making which is in many respects the most decisive for application of the Convention. It is therefore vital that when those policies are formulated and applied the employment policy goals should be kept in view, so that decisions in this field are not simply taken by default. The Committee hopes that greater efforts can be made in that direction, including in assessing the employment effects of those policies, by industrialized as well as transition and developing countries, and that employers' and workers' organizations will assist by transmitting their own evaluations.

58. While the Committee's individual comments deal with problems in the above areas (and others) for many countries, its feeling in fulfilling its own role of supervising the Convention is by no means a negative one. It has again been conscious of the levels of relatively full employment recorded in at least two countries examined this year (Republic of Korea and United Kingdom (Hong Kong)). It has also been very interested to learn of the assistance given by multidisciplinary teams in cooperation with the Standards Department in response to other countries considering ratifying the Convention. It is very glad to complement the role of the Conference Committee on the Application of Standards and intensify exchanges with that body concerning the application of Convention No. 122. The Committee would actually venture to suggest that the supervisory process might have something to contribute to other activities of the Organization in relation to employment.

59. Both the 83rd Session of the Conference and the World Employment report have drawn attention to the various means of seeking to achieve full employment in a global context. The Committee would support the reaffirmation in the Conference's Conclusions concerning the achievement of full employment in a global context: The responsibility of governments, employers and trade unions that, although its interpretation may be different for developing countries, full employment as prescribed by Convention No. 122 is a valid objective for all countries. The Committee believes that its supervision of the application of this Convention is an invaluable means of action at the ILO's disposal, which assists in keeping the employment policy aims in the minds of those concerned. Engaging, through established procedures based on the constitutional obligations relating to ratified Conventions, in informed and constructive dialogue with governments, employers' and workers' organizations and the Conference Committee on the Application of Standards, supported by specialist units of the International Labour Office, is attempting to provide a way of raising problems in the quest for good employment policies. To record successes and difficulties of individual countries and their methods of seeking solutions must add to the debate. The Committee would suggest that the Office consider how the supervisory process in regard to Convention No. 122 in particular might be brought more into the mainstream of the Organization's activities in the employment sphere. For instance, the possibility of a link to the country employment policy reviews which the Office is making following the Copenhagen Summit in 1995 could be explored: those reviews should provide information that may increase member States' understanding of how a policy for full, productive and freely chosen employment within the meaning of the Convention can be pursued, while the Committee of Experts' dialogues provide an established means of promoting concrete steps at the national level. The Committee of Experts' comments could also be used more systematically to focus the practical assistance and technical cooperation offered by the Office, and as an indicator of the success of measures adopted and projects executed.

60. Above all, one of the strengths of the article 22 procedure is the integration of opinions of employers' and workers' organizations. The Committee continues to welcome their participation in the debate both through written observations on the application of Convention No. 122 and through their contributions on the discussions of employment policy in the Conference Committee on the Application of Standards.

61. The search for the maximization of productive employment, fairly rewarded, for all who seek it is an endless task. Although the methods of achieving it and the national circumstances change, the underlying aim must surely be constant.

Application of Conventions on social security

62. In its previous report, the Committee has noted the generalization of the process of reform in social security, spurred by the pressing concerns to maintain the financial viability and improve cost-effectiveness of the various branches. The information supplied by the governments this year confirms that this process not only has become more profound, but also that the pace of reforms has quickened. It may be observed generally that, since the beginning of the 1990s, in the majority of countries social security legislation has entered into a period of constant revision and modification. The scope and depth of these reforms are undeniably leading to a fundamental change of the social security systems.

63. Reforms are under way for almost all types of long- and short-term benefits - old-age, invalidity, survivors', sickness, unemployment, and family benefits, as well as medical care - and an increasingly large part of the population is being affected by these changes. The measures taken include: reducing coverage; lengthening periods of contribution, employment, and residency; narrowing the definition of the contingency; reducing the period for which a benefit is payable; reducing the level of benefit; and increasing cost-sharing for medical care.

64. Economic considerations appear also to be the driving force which has led certain governments to seek to reduce their own responsibilities by simultaneously increasing the role of private institutions and transferring some benefit provisions, in particular sickness benefit, to employers. This move to increase privatization has also occurred in relation to pension provisions, as the importance of the public tier is gradually reduced. The Committee observes in this respect that such changes in the structure of social security might in fact go beyond experimenting with new forms of management of social security schemes within the framework of accepted principles. It recalls that the most recent international labour standards concerning social security are drafted in a flexible manner so as to take into account various methods of ensuring protection, they nevertheless lay down certain general principles as regards the organization and management of social security systems. Representatives of the persons protected shall participate in the management of the schemes or be associated with them in all cases where the administration is not entrusted to an institution regulated by the public authorities or a government department. The State must accept general responsibility for the due provision of benefits and for the proper administration of the institutions and services concerned. In addition, the Social Security (Minimum Standards) Convention, 1952 (No. 102) states that social security systems shall be financed collectively by means of insurance contributions or taxation or both, in order that the risks are spread among the members of the community.

65. The Committee is bound to draw the governments' attention to the need to safeguard, in the process of reform, these basic principles of organization and management which should continue to underlie the structure of the social security systems.

66. The ongoing reforms have become, in many countries, the subject of intense political debates and even social confrontations, and their impact on the welfare of the population should not be underestimated. The information on the changes made or to be introduced in the near future supplied by the governments in their reports, as well as many comments received by the International Labour Office from trade unions and other organizations of protected persons concerning difficulties in the application of the relevant ILO social security Conventions, attest to the complexity of the situation. The Committee considers that changes of such magnitude in the social security systems require a carefully balanced approach based on a clear long-term vision formulated after consultation with all of the major social and political forces in the countries concerned.

67. However, the Committee is led to observe that acute financial pressure and imperatives of short-term savings often induce governments to take hasty measures and to seek uncoordinated cuts in social security expenditures. The Committee recognizes the need to have financially viable social security schemes which maintain a proper balance between the immediate interests of contributors and those of present and future beneficiaries. It wishes to stress that immediate financial considerations, however important, should not take precedence over the need to preserve the stability and effectiveness of the social security system, and that any reductions in social security expenditures should be carried out in the framework of a coherent policy aimed at achieving viable long-term solutions ensuring the required level of social protection. The Committee therefore considers it essential that, prior to introducing any new cost-saving measures, governments give due consideration to their international obligations arising from international labour standards concerning social security.

Application of Conventions on safety and health

68. Several States which have ratified Conventions on occupational safety and health, including those which have done so recently, are revising their national laws and regulations or are beginning to develop such laws and regulations. Some of these States are selecting regional standards as a basis for the revision or formulation of these texts. However, there is a difference between international standards and regional standards in the approach adopted to occupational safety and health problems and the manner in which they are to be addressed. The incorporation of regional standards into national legislation is not always sufficient to meet the requirements of international standards of the ILO. States should therefore be reminded that greater attention should be paid to these standards in the revision or formulation of national laws and regulations. ILO standards contain the necessary guidelines, useful provisions and technical parameters upon which national regulations can be established or further developed.

69. States which have ratified Conventions on occupational safety and health are encountering an increasing number of problems in the application of these instruments. While emphasizing that the existence of national laws and regulations is still fundamental for the application of an international instrument, it should be noted that the existence of sound texts is not in itself sufficient to meet the obligations contained in the Conventions. The application of Conventions on occupational safety and health, as technical and detailed standards, requires a whole series of coordinated measures, all of which are of fundamental importance, including training and the monitoring of workers' and managers' knowledge in this field, the correct use of equipment and individual and collective means of protection, and continued attention to personal safety and the safety of others, which all play a fundamental role. Among these measures, importance has to be accorded to workers' education and information on these issues. In this respect, the participation of workers' representatives in the formulation of legal texts and the evaluation of their application must be encouraged. Inspection visits are a means of supervising the application of these measures and correcting any shortcomings. Advisory bodies in the field of occupational safety and health, composed of employers and workers, must also be established. Governments are invited to promote bodies of this nature. The governments concerned could call upon the technical assistance of the Office for the implementation of the provisions of these Conventions.

70. A growing number of governments which are bound by obligations under occupational safety and health Conventions are providing less information on the effect given to these instruments in practice. The Committee considers that this information (extracts of reports of the inspection services, statistics on the number of workers covered by the laws and regulations, the number and nature of the violations reported, the number, nature and causes of accidents, etc.) is necessary in appraising the manner in which the Convention is applied and therefore requests governments to provide this information on a regular basis.

Application of the Protection of Wages Convention, 1949 (No. 95)

71. The Committee notes with concern the increase in the number of cases of delayed payment of wages, non-payment or partial payment of wages in an growing number of countries in Eastern Europe, Africa and Latin America. The extent of delays varies in length from a few months to four years and adds up to considerable sums which keep growing, making it all the more difficult to settle the amounts due. These practices openly contravene social justice and more precisely the principle of wage protection established under Convention No. 95, particularly, the principle of regular payment of wages for work done or services rendered. Workers' organizations have been making observations on them either under article 23 of the Constitution, which are examined by this Committee, or in the form of representations under article 24 of the Constitution, which are submitted to the Governing Body.

72. Even if these situations have their origin in economic and financial difficulties caused by the transition to a market economy or by the implementation of structural adjustment programmes, their scope and persistence may have been aggravated by the failure of the States concerned to take measures to ensure the respect of laws, which in most countries stipulate adequate protection of workers against the delayed payment, non-payment or partial payment of their wages. Such delays or non-payment entail serious social consequences since they deprive the workers and their families of the resources that they have right to, and also disastrous consequences for the economy and public finances. The Committee appeals to all the States that have ratified the Convention to take all possible measures to ensure its application in practice. It also invites the States that have not yet done so to consider the possibility of ratifying the Convention as well as Convention No. 173 of 1992, which revises Article 11 of Convention No. 95 in ensuring the protection of workers' wages in the case of the employer's insolvency.

73. The Committee considers, in light of the cases which the supervisory bodies of the ILO have so far examined, that the application of the Convention, through the national provisions giving effect to it, should involve three principal steps:

(i) effective assessment of the situation in order to determine the amount and nature of debts due as wages, the number of workers concerned, the number and nature of enterprises concerned in the delay in payment of wages so that causes of the delay can be analysed and remedies instituted;

(ii) appropriate sanctions to punish and prevent infringements. It is not enough to provide for such sanctions in law; they should be strictly enforced against those who take advantage of the economic situation to commit abuses; and

(iii) steps to make good the detriment suffered, including not only the amounts due as wages but also the sums to compensate for the loss caused by the delay in payment. It is useful in this regard to examine the possibilities of submitting the cases to the court in order to make good the detriment suffered.

The Committee hopes that measures will be taken rapidly in this direction so as to put an end to delayed payment or total or partial non-payment of wages, in conformity with the provisions of the Convention.

Application of the Forced Labour Convention, 1930 (No. 29)

74. This year again, the Committee examined several reports covering a broad range of concerns about the application of this Convention. The exploitation and resultant human misery still occurring in many member States in flagrant contravention of this Convention are a matter of the gravest concern. One aspect of significant disquiet to the Committee relates to forced child labour, and particularly the exploitation of children for prostitution and pornography. This form of child labour is increasingly advertised outside the country in which it occurs and is therefore the subject of deliberate and increased exploitation by tourists and visitors from other countries. No longer is such exploitation of children a responsibility only of the country in which it occurs, it is an international responsibility.

75. The Committee again appeals to those member States which have not already taken action, to assist in the eradication of these deplorable practices by taking measures in their own territories, to prevent the involvement of persons within their borders, in particular by ensuring the punishment of those who advertise or promote such activities, whatever the technical method used, in another country or travel there for such activities. Such complementary measures would not of course absolve the member State in which such exploitation of children occurs from itself taking firm action to prevent such practices and to prosecute all persons involved.

Application of Conventions in export processing zones and enterprises

76. In earlier reports between 1981 and 1993, the Committee drew attention to the question of export processing zones and enterprises in relation to the application of ratified Conventions. It noted that these zones were characterized by:

(a) fiscal and financial advantages, special powers conferred on their administrative authority, and certain special labour legislation;

(b) in some cases, the special arrangements being extended not just to the zones, but also to individual enterprises;

(c) one aim being to create jobs by attracting - often international - investment for labour-intensive manufacturing or processing operations;

(d) the operations being largely industrial, but in some cases involving agriculture or services, the products being intended for export.

77. The Committee has, both in its general comments and in comments on the application of ratified Conventions addressed to individual governments, asked for information to be included in article 22 reports on the implementation of obligations in these zones and enterprises in countries where they exist. This practice has continued and the Committee has been grateful to the governments which have duly supplied such information.

78. The Committee notes with interest the creation in the ILO of a Special Action Programme entitled Labour and social issues relating to export processing zones. The Action Programme sets out to promote an understanding of the link between social and labour factors and the development of the zones and to identify and give advice on relevant innovations. The Action Programme draws attention to several features of the zones which raise standards-related questions, such as:

- the need to ensure the protection of basic human rights, especially in the spheres of freedom of association, child labour and the rights of women workers (the latter being very commonly employed in the textiles industries which prevail in many of the zones);

- the need for greater protection of wages and employment security for workers in the zones, including where issues of contract labour and home work arise;

- the need for the labour administration to carry out its normal activities in the zones (as regards, in particular, supervising the application of regulations as to occupational safety and health, other working conditions and the above-mentioned points).

79. The Committee understands that the Action Programme will be examining the experience of several countries in the improvement of working conditions, labour relations and labour administration (including private monitoring of the implementation of rules and regulations affecting labour) and publishing findings during 1997. The Committee looks forward to this with interest, since it seems to promise clarification of the manner in which various ratified Conventions are being applied in the zones and enterprises concerned. It again calls on all the governments of countries where there are such zones and enterprises to include information in their article 22 reports which will enable the Committee to appreciate how the Conventions are effectively being applied. It also calls on employers' and workers' organizations to cooperate by transmitting their own views and experience.

III. Technical assistance in the field of standards

A. Direct contacts

80. No direct contacts mission was organized this year, apart from the two missions to Swaziland and Colombia.

B. Promotional activities

81. Several regional and subregional seminars and symposia on international labour standards have been held: an Asia-Pacific Regional Symposium on Standard-related Topics (March, Indonesia); two national seminars on the promotion of fundamental workers' rights (May, China and Viet Nam); a National Tripartite Seminar on Discrimination and Freedom of Association (September, Mauritius), and a Subregional Seminar on Freedom of Association (October, Mauritius). Some seminars which were scheduled for the beginning of 1996 had to be cancelled due to budgetary constraints.

82. The annual training course designed to familiarize national labour administration officials with the obligations of member States and ILO procedures relating to Conventions and Recommendations, which was due to be held at the Turin Centre and in Geneva, had to be cancelled due to budgetary constraints.

83. Other activities for the promotion of standards took the form of participation in seminars, workshops, symposia and meetings, and the provision of advisory services, technical assistance and consultations concerning international labour standards for the following countries: Armenia, Azerbaijan, Bangladesh, Belgium, Brazil, Chile, China, Colombia, Côte d'Ivoire, France, Gambia, Georgia, Ghana, Greece, Kazakstan, Kyrgyzstan, Namibia, Netherlands, Poland, Senegal, South Africa, Sweden, Tajikistan, Turkey, Turkmenistan, United States and Viet Nam.

84. Furthermore, the Standards Department published a new edition of the Digest of decisions and principles of the Freedom of Association Committee published in French, English and Spanish. A Russian version is under preparation and an Arabic version is planned.

85. More than 2,000 copies of the Handbook of procedures relating to international labour Conventions and Recommendations, which was published in 1995, have been distributed in English, French and Spanish since the beginning of the year. In addition, the Handbook has been translated and distributed in Arabic, Chinese, German and Russian.

C. Standards and multidisciplinary advisory teams

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

87. 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 fundamental workers' rights. In addition, the department held a one-day workshop for team members and other ILO field staff in Dakar, designed to ensure familiarity with the standard-setting and supervisory procedures and explain their importance to the overall work of the teams.

IV. Role of employers' and workers' organizations

88. 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 almost 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 (Endnote 1). 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.

89. 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

90. Since its last session, the Committee has received 245 observations (Endnote 2), 13 of which were communicated by employers' organizations and 232 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.

91. The Committee notes that, of the observations received this year, 180 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 65 cases the governments transmitted the observations with their reports, sometimes adding their own comments.

92. 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.

93. The Committee notes that in most cases the organizations of employers and workers endeavoured to gather and present elements of law and 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, wage payment, discrimination, forced labour, minimum wage fixing, occupational safety and health, employment policy, labour inspection, 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.

94. The Committee notes lastly that the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144), has now received 78 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

95. 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.

96. In accordance with the decision to rearrange the regular supervisory procedures, adopted by the Governing Body at its 258th Session (November 1993), reports were requested this year on 32 ratified Conventions (Endnote 4). These reports cover the period ending 1 June 1996. 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 5).

97. The new arrangements governing the regular supervisory procedures have now taken effect. 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.

98. In accordance with the Joint Declaration of the Government of the People's Republic of China and the Government of the United Kingdom concerning Hong Kong, the People's Republic of China will resume the exercise of sovereignty over Hong Kong with effect from 1 July 1997. Hong Kong will, as from that date, become a Special Administrative Region of the People's Republic of China and will enjoy a high degree of autonomy, inter alia in the enactment of labour legislation and the administration of labour affairs. The Committee has noted the Declaration of the Government of the People's Republic of China (Endnote 6) to the effect that, for the purpose of enabling the Hong Kong Special Administrative Region to continue to have international labour Conventions applied to it, "the relevant articles of the International Labour Organization Constitution will be applied, by analogy, to the Hong Kong Special Administrative Region". Accordingly, the Committee will examine at its 69th Session (1998) the reports due on Conventions which apply to the Hong Kong Special Administrative Region.

Reports requested and received

99. A total of 1,806 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, 1,145 of these reports had been received by the Office. This figure corresponds to 63.3 per cent of the reports requested, compared with 65.8 per cent last year. The Committee regrets that, as indicated in paragraph 113 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.

100. In addition, 338 reports were requested on Conventions declared applicable with or without modifications to non-metropolitan territories (articles 22 and 35 of the Constitution). Of these, 253 reports, 74.8 per cent, had been received by the end of the Committee's session, in comparison with 31.1 per cent in November-December 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.

101. 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

102. 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, 48 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: Algeria, Angola, Barbados, Benin, Burkina Faso, Cameroon, Central African Republic, Comoros, Cyprus, Czech Republic, Djibouti, France (French Polynesia), Grenada, Guinea, Guinea Bissau, Haiti, Islamic Republic of Iran, Iraq, Jamaica, Kyrgyzstan, Lao People's Democratic Republic, Latvia, Libyan Arab Jamahiriya, Lithuania, Luxembourg, Malawi, Morocco, Myanmar, Netherlands (Netherlands Antilles), Rwanda, Senegal, Sri Lanka, United Republic of Tanzania, Tunisia, Uzbekistan, Yemen. No reports have been received for the past two or more years from the following countries: Armenia, Bolivia, Bosnia and Herzegovina, Burundi, Equatorial Guinea, Liberia, Netherlands (Aruba), Saint Lucia, Sao Tome and Principe, Seychelles, Sierra Leone, Solomon Islands, Somalia.

103. 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

104. The Committee is once again bound to emphasize the importance of communicating reports in due time. This year, for the second time, the reports due on ratified Conventions were to be sent to the Office between 1 June and 1 September 1996. 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.

105. 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 1996, the proportion of reports received was only 20.5 per cent. This is much lower than for its previous session (38.2 per cent), and 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.

106. The Committee wishes to draw attention to the problem of the timing of transmission by governments of their reports. This year, only a small percentage of reports due were received by the requested date. The Committee notes that under the new calendar for the reporting cycle implemented as a result of the decisions taken by the Governing Body in November 1993 the figure has not improved. The majority of reports received from governments continued this time to arrive in the last three months before the Committee's meeting or even during it. This obviously places a huge strain on the supervisory process and effectively makes it impossible for particular cases to be dealt with adequately or at all.

107. The Committee has noted with interest the efforts made by the Office - particularly through the standards specialists present in several of the multidisciplinary teams - to assist in ensuring the fulfilment of reporting obligations. It proposes to consider this question again in the light of the experience of the next few years. In the meantime, it appeals to all governments to examine the means by which their labour administrations can best take advantage of the new reporting arrangements and make sure the obligations are fulfilled. It refers in this context to Chapter II, Part VI, of its General Survey on the Labour Administration Convention and Recommendation, as regards the role of the labour administration in relation to international labour affairs. It hopes also that national employers' and workers' organizations will do their best in this respect.

108. Furthermore, the Committee notes that a number of countries 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

109. A total of 64 of the 136 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 - Liberia (Convention No. 133); since 1993 - Yemen (Convention No. 159); since 1994 - Latvia (Conventions Nos. 111, 122, 135 and 151), Sao Tome and Principe (Conventions Nos. 87, 98, 106, 144 and 159); and since 1995 - Algeria (Convention No. 144), Armenia (Convention No. 111), Burundi (Conventions Nos. 87, 100 and 111), Kyrgyzstan (Conventions Nos. 133 and 160), Lithuania (Convention No. 11), Republic of Moldova (Convention No. 105), Nigeria (Convention No. 144), Philippines (Convention No. 19), Seychelles (Convention No. 149), Tajikistan (Convention No. 160).

110. First reports have particular importance since it is the basis on which the Committee makes its initial assessment of the observance of ratified Conventions. The Committee therefore requests the governments concerned to make a special effort to supply these reports.

Replies to the comments of the supervisory bodies

111. 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 35 governments to which such letters were sent, only seven have provided the information requested.

112. The Committee notes 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.

113. In all there were 323 such cases (Endnote 8), as compared to 337 last year (March 1995) (Endnote 9). 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.

114. 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

115. In examining the reports received on ratified Conventions and Conventions declared applicable to non-metropolitan territories, the Committee has follows 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

116. In many 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 10).

117. 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 1997.

118. 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

119. 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 25 instances in which measures of this kind have been taken in 21 countries. The full list is as follows:

Cases of progress Conventions Nos.

Albania 87

Non-metropolitan territories

United Kingdom

120. 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 2,132 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.

121. 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

122. 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 reports from other international or regional organizations, 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.

123. The Committee notes with interest that this year some 70.4 per cent of the reports supplied on Conventions for which information on practical application was specifically requested contained such data. Although this percentage is fairly high in comparison with recent years, the Committee reiterates its appeal to governments to make every effort to include the information requested in their reports.

124. The following countries have provided information on practical application in more than half the reports concerned: Antigua and Barbuda, Argentina, Australia, Austria, Barbados, Belgium, Brazil, Cambodia, Canada, Croatia, Cyprus, Denmark, Ecuador, Finland, France, Germany, Greece, Guatemala, Iceland, Israel, Japan, Jordan, Kuwait, Latvia, Mexico, Netherlands, New Zealand, Nicaragua, Norway, Panama, Peru, Philippines, Poland, Portugal, Romania, Russian Federation, Slovenia, Spain, Sweden, Switzerland, Turkey, United Kingdom, Uruguay.

125. 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.

126. 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.

127. 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 27 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.

128. 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, in appropriate cases, be followed by measures of adequate 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)

129. In accordance with its terms of reference, the Committee this year examined the following information (Endnote 11) 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 82nd Session of the Conference (1995): the Safety and Health in Mines Convention (No. 176) and Recommendation (No. 183), 1995;

(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 81st (1994) Sessions (Conventions Nos. 87 to 175 and Recommendations Nos. 83 to 183);

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

82nd Session

130. 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 82nd Session: Algeria, Australia, Azerbaijan, Bahamas, Bahrain, Botswana, Canada, Côte d'Ivoire, Cuba, Denmark, Egypt, Ethiopia, Germany, Greece, Iceland, Iraq, Japan, Jordan, Republic of Korea, Lebanon, Luxembourg, Malta, Myanmar, Namibia, Nicaragua, Nigeria, Norway, New Zealand, Oman, Peru, Philippines, Poland, Portugal, Qatar, Romania, Russian Federation, Saudi Arabia, Singapore, Slovenia, Tajikistan, Thailand, Togo, Trinidad and Tobago, Tunisia, Turkey, Ukraine, United Kingdom, United States and Viet Nam.

31st to 81st Sessions

131. 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: Chad (75th, 76th, 77th, 78th and 79th Sessions); Guyana (74th, 75th, 76th, 77th, 78th, 79th and 80th Sessions); Jordan (79th, 80th, 81st and 82nd Sessions); Lebanon (78th, 79th, 80th, 81st and 82nd Sessions); Mauritius (60th (Conventions Nos. 141 and 142 and Recommendations Nos. 149 and 150), 70th, 78th, 79th, 80th and 81st Sessions); Mongolia (78th, 79th, 80th and 81st Sessions); Suriname (65th (Recommendations Nos. 160 and 161), 67th (Convention No. 154 and Recommendations Nos. 163, 164 and 165), 68th (Convention No. 158 and Recommendation No. 166), 71st (Convention No. 160 and Recommendation No. 170), 72nd, 79th and 80th Sessions).

132. 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 82nd Sessions of the Conference.

General aspects

133. 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.

134. 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.

Comments of the Committee and replies from governments

135. 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 eight of these observations (Algeria, Bahrain, El Salvador, Jamaica, Lesotho, Nepal, Thailand and Trinidad and Tobago), the Committee has expressed satisfaction at the measures taken to submit instruments to the competent authorities. In addition, requests with a view to obtaining supplementary information on other points have been addressed directly to a number of countries, which are listed at the end of section III.

136. 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.

137. 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

138. The Committee is bound to note with regret that no information has been supplied by the following 22 governments showing that the Conventions and Recommendations adopted by the Conference during at least the last seven sessions (from the 75th to the 81st Sessions) (Endnote 12) have in fact been submitted to the competent authorities: Antigua and Barbuda, Cameroon, Central African Republic, Congo, Djibouti, Ecuador, Guatemala, Guinea, Haiti, Hungary, Libyan Arab Jamahiriya, Madagascar, Papua New Guinea, Paraguay, Saint Lucia, Seychelles, Sierra Leone, Solomon Islands, Syrian Arab Republic, United Republic of Tanzania, Yemen, 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 134 above.

139. 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. Taking into account the explanations given by some States in their reports, the nature and scope of the obligation to submit are indicated in individual observations addressed to these States. The Committee 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.

VII. Instruments chosen for reports under article 19 of the Constitution

140. In accordance with the decisions taken by the Governing Body, governments were requested to supply reports under article 19, paragraphs 5 and 7, of the ILO Constitution on the Labour Administration Convention (No. 150) and Recommendation (No. 158), 1978.

141. A total of 307 reports were requested and 168 received (Endnote 13). This represents 54.7 per cent of the reports requested.

142. More particularly, the Committee notes with regret that, for the past five years, none of the reports on unratified Conventions and Recommendations requested under article 19 of the ILO Constitution has been received from: Afghanistan, Djibouti, Guatemala, Haiti, Jamaica, Lesotho, Liberia, Libyan Arab Jamahiriya, Mauritania, Nepal, Nigeria, Papua New Guinea, Paraguay, Saint Lucia, Solomon Islands, Somalia, Trinidad and Tobago, Yemen.

143. The Committee can only urge governments once again to provide the reports requested so that its General Surveys can be as comprehensive as possible.

General Survey

144. Part Three of this report (issued separately as Report III (Part 1B)) contains the General Survey of the Committee on questions covered by Convention No. 150 and Recommendation No. 158. In accordance with the practice followed in previous years, the Survey has been prepared on the basis of a preliminary examination by a working party comprising four persons appointed by the Committee from among its members.

145. 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, 13 December 1996. (Signed) Sir William Douglas,

E. Razafindralambo,

Endnotes

Endnote 2

Endnote 3

Endnote 4

Endnote 5

Endnote 6

Endnote 7

Endnote 8

Endnote 9

Endnote 10

Endnote 11

Endnote 12

Endnote 13